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R-03-05-22-11D2 - 5/22/2003RESOLUTION NO. R- 03- 05- 22 -11D2 WHEREAS, the City of Round Rock has duly advertised for bids for the construction of turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at the Post Office Driveway, and Louis Henna Boulevard at Meister Lane, and WHEREAS, Bland /Schroeder /Archer, LP has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Bland /Schroeder /Archer, LP, 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 Bland /Schroeder /Archer, LP for the construction of turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at the Post Office Driveway, and Louis Henna Boulevard at Meister Lane. 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. ATTEST: 0PELesktop \::o'. RESOLVED this 22nd day of May, 2003. CHRISTINE R. MARTINEZ, City Secretar / 00000x/ o : / w0OR /RESODUTr /R3o522Ux.wPO /SC NYL City ayor Round Rock, Texas Mr. Thomas E. Word, Jr., P.E. Transportation Services Director City of Round Rock 2008 Enterprise Round Rock, TX 78664 RE: Rebid of Gattis School Road @ Via Sonoma, Double Creek Drive, Louis Henna @ Meister Lane Dear Mr. Word: HUGGINS /SEILER & ASSOCIATES, LP Consulting Engineers April 29, 2003 600 ROUND ROCK WEST Da. SUITE 6o, ROUND Rocx, TEXAS 78681 Huggins /Seiler & Associates, LP has reviewed the submitted bids for the above project. There were two responding firms and the bids ranged from $289,019.89 to $312,244.50 with Bland/Schroeder /Archer, LP submitting the low bid. We have tabulated the bids, verified the inclusion of the 5% Bid Bond and Insurance Statement and checked the unit prices. We find all other information to be complete and in order and recommend that the low bidder, Bland/Schroeder /Archer, LP, be awarded the contract. Very truly yours, Jeffery T. Seiler, PE HUGGINS /SEILER & ASSOCIATES, LP PHONE (552) 828 -0406 • Fax (51z) 828 -o429 • WM. hsaengineering.tom THE CITY OF ROUND ROCK BIDS EXTENDED AND PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock Texas. 78664 DATE: (512) 218 -5555 BID TABULATION SHEET CHECKED Jeff Seiler 4292003 1 OF 2 CONTRACT: LOCATION, Gattis School Road (6/ Via Sonoma, Double Creek Dr, Louis Henna *Meister La. Contractor Bland/Schroeder/ Archer, LP Bid Bond? 5% Contractor Capital Excavatio Company Bid Bond? 5% Contractor Bid Bond? 5% Contractor Bid Bond? 5% DATE: April 29, 2003 ITEM UNIT kwv :� APPROX. QTY. 1 Ix UNIT PRICE iwLBiILB1IIIIwz1DiS1I011E COST UNIT PRICE wimBlm7llmwAI0:BIlIl7- COST .-... UNIT PRICE COST iiimi UNIT PRICE —im.ZI] - COST • 7 • .p7 '1 • 1 '• . • RE 1 r 1' 7' - 1 7: 111.0] V:;' l/< KsINIel711: 111111Wf W(./ 11,11011 MM Lawn [UM iiLSilLl /OMMIII 11T1Im7 311.1w{:>(cY3aL7 1 11 anlipwzlF•R►aS1ly111 . 1 1 IIN'YwI511I1I1)1 ]�' • 11 lmat_ ami ', 1 1 1111.221 11112= mtl 1 III=1 1 1 MIIIMEME MMagoi MIM 1 1 M ',11 ',11 )7aSD1v mr war[a IaIIal - 7/ ➢I,U1r1 Col , 3IIIIB BE'Y71IIIIIIIII 1 1 1 5T.:IB OI 1.1140:11110:1NWI1CON T: • `: 10:71141Y1DRI5B 1 ` rJ1TSIICIl MIA1 IM fLiRfM 1.1.11MI w' lam 11 .inilnlma mpa.Y.7L91 amitzti m13i[IP1mmPI.SIPI •:I I -120— .111 1:T151rit Y • 1 - V . - • • •I I' - 7- __ • . t • N YQP.1:Y.Yl1II1 !It81 *8*1:Eil.1 ,. I1 8 1 1 ' :illml— '.1 11 P. 17 '1 1' it A' 1N) IarIIIKgpT11711 OL1T7a1V116:4J 1EBRINI:ICMN:103. LEmiiim1tiO31: immtl Ii' 17 l:fri i 11 �1Z , I1 MK11Li1B1wl6iilI11M'39DIm73Li0Q017- 118111MfilIEMIZ ':II•I5z1Imi ;Q17— ' . 21Di limEmi '.1 1 momigi mml11 IMEaugg mmaga . 1 1 . 11 II1ma5 ii;IDiLSiml— I1IIS7 . 21221 .agi 31Im1- Mann ,•22a I • '1 - 1 • 1 • 17: ••P • n • ' • • IMIrefsINIOI1Y 9117417/ 11411r1i4IV/ „Ia”411:117:SVd7YoiloWIry 1>/M El1M1•11:7NIMP.TIMINVI Si:ll/:1`I:VVUlFY1GA117. WiM PI'1 . I'1 ', 1 MII8 11 ] • 1 '.. 111 �3Iml IIIIM:Y.1FY: 1 1 ;m7- ', t 1 0IIH7:I1I co mow 1 q:P.'IM 141 :1'1 1891111LU118/ 1113 IiA I 19 " 1 •t t' t1 gaBLralmmmaggi m7— moggo mmizul INd11I11[UCTaett7S Kea ariaca or:R1IfI1waile11iawl EI.- ID:=MMOIMMIIMERIEMIOMININERNImi 'i7m1ElE3YC8Im18I01AI 1� MIM1a• ».2LEI ti I67— .2 11 .1 '1 I 8L1R01 mitmi 2ka — mmista mmizo magi =mum .I I IaIN11 1111177 G1: Y19: / DYS111f2 ,[I / aanIELOMIEIR2122a112212.2121 ' .221g 1..210 X 881011— FYIPll O•fll:;(l1:751T/)YOPOCCU Zl1 Ilia IG`� 1 '1 s1.00:;II11011 1111111:YIIBI •I I NT: ;mIR011 ,YN¢m:10811 j81 1IIi1- 2BIuPI,I11 I 1 - , so ATI/ • - �:7:1110,117:I.0:1(11 L•/:R1121:7a9:WI II am 'minmy11 11 E'd.1EMI 111IQm1 '. 11 1 . 11 1 '. 1 11 fa;311IR011 1 1 u1 1 '.1 1 =wan ':I 1 iiiiiimauta 117:1Y ____PJ. •8 41 41 1 • • 1 • 0• • 174 • - :.I 1 .I • !.. 11 .: I '.1.11 ,1 11 bidtad/bid,ab TILE CITY OF ROUND ROCK BIDS EXTENDED AND PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY: Round Rock, Texas. 78664 DATE : (512) 218 -5555 BID TABULATION SHEET CHECKED Jeff Seiler 4/29/2003 2 OF2 CONTRACT: LOCATION: Gelds School Road (n) Via Sonoma, Double Creek Dr, Louis Henna p, Meister La. Contractor Bland/Schroedr Archer, LP Bid Bond? 5% Contractor Capital Excavatio Company Bid Bond? 5% Contractor 0 Bid Bond? 5% ... Contractor 0 0 Bid Bond? 5% .:...:. DATE: April 29, 2003 .... ..:.... ........ ... ....,:.. ...... ITEM ...... UNIT APPROX. QTY. UNIT':: PRICE ..... COST UNIT': PRICE .... COST UNIT PRICE COST UNIT PRICE ....... COST REFLECTORIZED PAVEMENT MARKERS (TY II -A -A) EA [ ' 2600 t i• $5.22 0 $135.72 A 11LI ■ $6.00 .. PI 5156.00 MME8DTF0 I - . $0.00 1 1'f 5000 '.1 11 REFLECTORIZED PAVEMENT MARKERS (TY II -C -R) ., 1 '3 • ZON P' V M NT MARKIN (7 • 1 • .: E) ` (•' 1) REFL 4 • 1 ' I THERMIP 4. 1 PAVEM • • 94 • 4" : • `r IIMIIMMii;ll 1:.:RI:17�!1 ∎.l aM .1 UjrE •._I I I. 1 ] ]- I '.1 PI 58 PI EMI= 1 MB $66G REFLECTORIZED TY I THERMOPLASTIC PAVEMENT MARKINGS (8 ")(SL 1)(W) 1 '1 REFLE T• ZED TY 1 THERM 0 ' . PA MENT T • • NG (12 • 0 ® 195.00 :'21111 .11 l PjElI 0UIlIDI '.1 11 ',111 1 - ' IZED TY I T• 4'TOPLASTI P-' ` 8' N 4 )(SLD) 72 '.1, REFLECTORIZED TYl THERMOPLASTIC PAVEMENT MARKINGS (4 ")(SLD)(Y) 2,233 00 $0.61 $1 $0.60 $1,339.80 $0.00 50,00 REFLECTORIZED TY I THERMOPLASTIC PAVEMENT MARKINGS (12")(SLD)(Y) 217.00 $4.58 $993.86 $5.00 $1,08 $0.00 $0.00 REFLECTORIZED TY 1 THERMOPLAS fIC P • • MENT •5''I' NGS (WORD I I n • $000 50.00 REFLECTOR160D TY 1 THERMOPLASTIC PAVEMENT MARKINGS ( ARROW)(W) .00 5121.59 5607.95 $12000 $60000 50.00 $0.00 REFLECTORIZED TY II PAINT PAVEMENT MARKINGS (4 ")(BRK)(W) E 660.00 00.34 $224.40 50.30 $198.00 5000 $0.00 REFLECTORIZED TY II PAINT PAVEMENT MARKINGS (8 ")(SLD)(W) 50 d6:I1 $456.50 81 00 535000 5000 $0.00 REFLECTORIZED TY 1I PAINT PAVEMENT MARKINGS (12 ")(SLD)(W) Pi $000 50.00 REFLECTORIZED TY II PAINT PAVEMENT MARKINGS (24 ")(SLD)(W) MA $200.88 50.00 $0.00 REFLECTORIZED T' '• • AVEMENT MA' NGS (•')( 1 [1jiiiiitai F171 %1tER � 8RD7 i YR4Y717- .1 1 .1 . 11 REFLE 1 • ZED TY II P • ` • . • T MARKI (1 ")(SLD)( IJIMM111112111attalingilla 5 .5 _. 5: I '.51.11 '. 51 '.I 11 'EEFLECTORIZED T I PAINT PAVEM • • NGS (WORD (W) $bb(j REFLECTORIZED TY II PAINT PAVI ,1ENT MARKINGS (ARROW)(W) EA 5110 58633 5426.65 585.00 5425.00 $000 50.00 ELIMINATING EXISTING PAVEMENT MARKINGS (4 ") LF 790.00 $0.75 $592.50 $1.00 $790.00 5000 50.00 BASE BID TOTAL 5289,019.89 $312,244.50 50.00 $0.00 ALTERNATE BID ITEM TOTAL: 5289,019.89 5312,244.50 $0.00 80.00 bidm8.1,Aob 4 . 40 X11 - pan n .11 Ira IN j Xi *1r a Ll 1i C1 NAM lAiod„o gp ,4 qir 11111 11111 Turn Lanes for Gattis School Rd, Double Creek Dr & Louis Henna Blvd " z?..= DATE: May 15, 2003 SUBJECT: City Council Meeting — May 22, 2003 ITEM: 11.D.2. Consider a resolution authorizing the Mayor to execute a contract with Bland/Schroeder /Archer, L.P. for the construction of turn lanes on Gattis School Road at Via Sonoma, Doublecreek Drive at the Post Office driveway, and Louis Henna Boulevard at Meister Lane. Resource: Tom Word, Chief of Public Works Operations Bill Stablein, Transportation Engineer Associate History: Two bids were received and opened on April 29, 2003. Bland/Schroeder /Archer, LP submitted the lowest bid of $289,019.89. Funding: Cost: $289,019.89 Source of funds: Capital Project Funds (2001 GO Bonds) & 4B Outside Resources: Bland/Schroeder /Archer, LP ImpactBenefit: Public Comment: N/A Sponsor: N/A This project completion will ensure a greater measure of safety for vehicular traffic entering and exiting Gattis School Road and Louis Henna Boulevard. Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects City of Round Rock, Texas CONTRACT DOCUMENTS AND SPECIFICATIONS City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 Engineer: Huggins /Seiler & Associates, LP 600 Round Rock West Dr. Suite 602 Round Rock, Texas 78681 Phone: (512) 828 -0406 Fax: (512) 828 -0429 12 o3-65-aa -ila, • • Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects City of Round Rock, Texas CONTRACT DOCUMENTS AND SPECIFICATIONS City of Round Rock, Texas 2008 Enterprise Round Rock, Texas 78664 Engineer: Huggins /Seiler & Associates, LP 600 Round Rock West Dr. Suite 602 Round Rock, Texas 78681 Phone: (512) 828 -0406 Fax: (512) 828 -0429 lcP E�OF a otsop JEFFERY T. SEILER 9S • ?d �f o ,4' 77187 • � � � _ i p_03 e • • Notice to Bidders Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects Bid Documents Instructions to Bidders Bid Bond Proposal Bidding Sheet Post Bid Documents Agreement Performance Bond Payment Bond Certificate of Insurance Warranty Bond General Conditions Special Conditions Technical Specifications Governing Specifications Plans Details and Notes TABLE OF CONTENTS • • 1.0 NOTICE TO BIDDERS • P: \project\2300101\Bid Docs \1 Via Dbl.doc • NOTICE TO BIDDERS Sealed bids for the construction of turn lanes at the intersection of Gattis School Road and Via Sonoma, on Double Creek Drive in front of the Round Rock Post Office and on Louis Henna Boulevard at Meister Lane will be received by the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, no later than 2:00 p.m., April 29 2003 and 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 "Turn Lanes for Gattis School Road, Double Creek Drive, Louis Henna ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the office of Huggins /Seiler & Associates, LP, 600 Round Rock West Drive, Suite 602, Round Rock, Texas 78681, (512- 828 - 0406), beginning April 14 2003 for a non - refundable charge of $50.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further • reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. • The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Round Rock Leader: April 17 ", 2003 April 24 2003 P: \project\2300101\Bid Does \I Via Dbl.doc NB -1 Austin American Statesman: April 13 2003 April 14 2003 April 21 2003 • • • 2.0 BID DOCUMENTS • • • P: \project \2300 101\Bid Docs \2 via Dbl.doc 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. BD -1 • • 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 • P: \project12300101\Bid Docs \2 Via_Dbl.doc 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 • P:\ project \2300101 \Bid Docs\2 Via _Dbl.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; BD -4 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). • P: \project\2300101\Bid Docs \2 Via_Dbl.doc 4 BID BOND SURETY DEPARTMENT KNOW ALL MEN BY THESE PRESENTS, That we, Bland /Schroeder /Archer, L.P. 13111 Dessau Road, Austin, Texas 78754 as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut, whose principal office is in Hartford, Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock 221 East Main Street, Round Rock, Texas 78664 as Obligee, hereinafter called the Obligee, in the sum of Flve percent of the amount bid Dollars (S 5% ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of April A.D. 20 03 Witnes s (ff om) Attest Attest z,,a- (Approved by the American institute of Architects, Ad.A. Document No. A- 310,1990 Edition) Form S-3266 -4 Printed is U.S.A. 12 -70 .11L MP HARTFORD Gattis School Road, Double Creek Drive, and Louis Henna Boulevard Bland /Schroeder /Archer, L.P. ipa0 Album z tl�l8fltl� (Title) Hartford Fire Insurance Company (SEAL) By John W. Schuler, Attorney -In -Fact (SEAL) • Hartford Fire Insurance Company Hartford Casualty Insurance Company J Hartford Aceldent and Indemnity Company Q Hartford Underwriters Insurance Company KNOW ALL PERSONS BY THESE PRESENTS THAT t a Hadford Fire Insurance Company, Hara id Acddenf and Inds/may Company and Hartford Underwdtera Insurance Company. corporation duly organized under the laws of the State of Connecticut Hartford Insurance Company ofWinofs, a corporation duly organized under the taws of the State of Illinois; Hartford Casually insurance Company, Tulin City Flue Insurance Company and Hartford kuuaue Company of the Midwest. corporations duly organized under the laws of the State of Indiana and Muttond Inwrance Company of the Southeast, a corporation duly organized under the laws of the State of Florida: having Iheir home s to offic HI � referred to as the'Cortpanie&) do hereby make, constitute and John W Schuler of Ausfiry TX their bus and lawful Anomey(s )4 each In 6sk separate capacity H more than one 1. named above, to sign is name as surely[.$) on* as delineated above by ®, and to execute. seal and acknowledge any and al bonds, undertakings„ contracts and other wdNen instruments in the nature thereof, on behalf 01 the Companies 1n their business of guaranteeing the fidelity cl persons, guaranteeing the performance of contracts and eaecWg or guaranteeing bonds and undertakings required or permitted in any acgms or proceedings allowed by law. M Witness Whsraof, and as authorized by a Resolution of be Board of Directors of the Companies on September 121h, 2000, the Companies have caused thew prosenb to ba signed by Is Assistant Via President and is corporate seas to bs hereto a0r ad, duly attested by ds Assistant Seaetary. Further, pursuant to Resolution of the Board of Directors of the Corpards.. the Compardes hereby asrndguorsly affirm that they are and will be bound by any mechanically applied signatures applied to Nis Pawn of Attorney. PauIA. Bageantr Assistant Sacsay STATE OF CONNECTICUT ea. Hartford COUNTY OF HARTFORD THE HARTFORD HARTFORD PLAZA HARTFORD. CONNECTICUT 06115 CERTIFICATE Bond Number: Twin City Fire Insurance Company 11 Hartford Insurance Company of IOhlots 0 Hartford Insurance Company of the Midwest Q Hartford Insurance Company of the Southeast O John P. Hfdand, Aakbr* Vivo Prodder* On this 10 day of September, 2000, before me personally earns John P. Hyland, to me known. who being by me duly sworn, did depose and say: that he resides In 1r* County of Hartford. State of Connaiiajt that he Is the Assistant Vice President of the Companies, the corporations descdued in and which executed the above Instrument that ha knows the aeala of the said arporetbns: that the sus affixed to the said Inabunent are such corporate seas: that they wen so and by authority of tie Boards of Directors of said corporations and that he signed Ns name thereto by tike authority. Public Notary My Cede. E,ytm AAA 34 TOOT I, the undersigned. Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Mornay executed by saki Companies, which is still in full force effective as M April 28, 2003 Signed and sealed at the CAy of Hartford. Coleco Ma*oianni Assistant Moe Proddent ITEM CODE QUANTITIES UNIT ITEM DESCRIPTION AND WRITTEN UNIT PRICE UNIT PRICE AMOUNT BID ITEM SPEC. ITEM NO. 1 1015 -B 10.040 STA PREPARING RIGHT OF WAY FOR i r LLA AND ■ S P R: S ati 0 2 1045 -A 1,825.000 LF RE FOR . COIiCRETECU DOLLARS $ $ ND CENTS / pER: Linear Foot 3 1045 -C , 516.000 SF LW/Vb. P.C.. CUN CRE IN. SI UL W ALKS AND DRIVEWAYS FOR DOLLARS $ $ AND CENTS PER: Square Foot rage 1 UI 1u • PROPOSAL BIA SHEET • JOB NAME: Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects and binds himself on acceptance of this proposal to PxpCnte n enntract and hnnd fnr cmmnletina Raid nrnient within the time stated fnr the fnllnwina nricec to wit- BID PROPOSAL Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects PROPOSAL SHEET • • • 04/29/2003 10:39 CORR0303 GATTIS SCHOOL ROAD, DOUBLE CREEK * ** Default User BID TOTALS Biditem Description Status - Rnd Quantity 1 Units Unit Price Bid Total 1015 -B PREPARING RIGHT OF WAY U 10.040 STA 2,000.00 20,080.00 104S -A REMOVE P.C. CONCRETE CURB U 1,825.000 LF 18.00 32,850.00 104S -C REMOVE P.C. CONCRETE SIDEWALKS AND DRIVEWAYS U 3,516.000 SF 8.06 28,338.96 1045 -F REMOVE P.C. CONCRETE FOUNDATIONS U 2.000 EA 500.00 1,000.00 110S -A STREET EXCAVATION U 1,165.000 CY 17.50 20,387.50 1325 -A EMBANKMENT U 103.000 CY 20.00 2,060.00 3155 -C TRANSITION MILLING U 232.000 SY 8.50 1,972.00 340 -A HMAC PAVEMENT (TY B) U 1,024.000 TON 41.25 42,240.00 340 -A HMAC PAVEMENT (TY C) U 822.000 TON 41.83 34,384.26 4305 -A P.C. CONCRETE CURB (EXCAVATION) U 1,308.000 LF 15.00 19,620.00 432S-4 P.C. CONCRETE SIDEWALKS, 4" THICKNESS U 3,585.000 SF 2.00 7,170.00 432S-2-RP P.C. CONCRETE SIDEWALK CURB RAMP W /PAVERS (TY 2) U 3.000 EA 675.00 2,025.00 432S -5C -RP P.C. CONCRETE SIDEWALK CURB RAMP W/PAVERS (TY 1C) U 1.000 EA 675.00 675.00 343S 4" P.C. CONCRETE MEDIANS AND ISLANDS U 796.000 SF 2.00 1,592.00 4705 -R CURB CUTS FOR SIDEWALK RAMPS U 16.000 LF 4.00 64.00 551 PIPE UNDERFRAINS U 10.000 LF 20.90 209.00 6045 -E CELLULOSE FIBER MULCH U 629.000 SY 0.56 352.24 605S -A SOIL RETENTION BLANKET (CL 1)(TY A) U 2,150.000 SY 1.00 2,150.00 608S -1 PLANTING U 2.000 EA 500.00 1,000.00 628S -D FILTER CURB INLET PROTECTION (EXISTING INLET) U 6.000 EA 150.00 900.00 6425 SILT FENCE FOR EROSION CONTROL U 130.000 LF 3.00 390.00 700S TOTAL MOBILIZATION PAYMENT U 1.000 LS 28,000.00 28,000.00 803S-MO BARRICADES, SIGNS AND TRAF HANDLE U 5.000 MO 6,000.00 30,000.00 824 -S TRAFFIC SIGNS U 1.000 EA 500.00 500.00 863S-2 REFLECTORIZED PAVEMENT MARKERS (TY 1 -C) U 28.000 EA 5.18 145.04 863S -3 REFLECTORIZED PAVEMENT MARKERS (TY II -A -A) U 26.000 EA 5.22 135.72 863S -5 REFLECTORIZED PAVEMENT MARKERS (TY II -C -R) U 33.000 EA 5.28 174.24 8705 -A WORK ZONE PAVEMENT MARKINGS (REMOVABLE)(W)(4 ")(SLD U 2,045.000 LF 0.77 1,574.65 871S -A REFLECTORIZED TY 1 THERMO PVMNT MRK (4 ")(BRK)(W) U 660.000 LF 0.60 396.00 871 S -A REFLECTORIZED TY 1 THERMO PVMNT MRK (8 ")(SLD)(W) U 550.000 LF 1.35 742.50 871 S -A REFLECTORIZED TY 1 THERMO PVMNT MRK (12 ")(SLD)(W) U 195.000 LF 2.24 436.80 8715 -A REFLECTORIZED TY 1 THERMO PVMNT MRK (24 ")(SLD)(W) U 72.000 LF 4.48 322.56 871S-A REFLECTORIZED TY 1 THERMO PVMNT MRK (4 ")(SLD)(Y) U 2,233.000 LF 0.61 1,362.13 8715 -A REFLECTORIZED TY 1 THERMO PVMNT MRK (12 ")(SLD)(Y) U 217.000 LF 4.58 993.86 871S -B REFLECTORIZED TY 1 THERMO PVMNT MRK (WORD)(W) U 5.000 EA 74.75 373.75 871S-C REFLECTORIZED TY 1 THERMO PVMNT MRK (ARROW)(W) U 5.000 EA 121.59 607.95 871S -E REFLECTORIZED TY 11 PAINT PVMNT MRK (4 ")(BRK)(W) U 660.000 LF 0.34 224.40 871 S -E REFLECTORIZED TY 11 PAINT PVMNT MRK (8 ")(SLD)(W) U 550.000 LF 0.83 456.50 • 04/29/2003 10:39 CORR0303 GATTIS SCHOOL ROAD, DOUBLE CREEK * ** Default User BID TOTALS Biditem Description Status - Rnd Quantity Units Unit Price Bid Total 8715 -E REFLECTORIZED TY 11 PAINT PVMNT MRK (12 ")(SLD)(W) U 195.000 LF 1.39 271.05 871S -E REFLECTORIZED TY 11 PAINT PVMNT MRK (24 ")(SLD)(W) U 72.000 LF 2.79 200.88 8715 -E REFLECTORIZED TY 11 PAINT PVMNT MRK (4 ")(SLD)(Y) U 2,233.000 LF 0.34 759.22 871S -E REFLECTORIZED TY 11 PAINT PVMNT MRK (12 ")(SLD)(Y) U 217.000 LF 2.79 605.43 8715 -F REFLECTORIZED TY 11 PAINT PVMNT MRK (WORD)(W) U 5.000 EA 51.62 258.10 8715 -G REFLECTORIZED TY 11 PAINT PVMNT MRK (ARROW)(W) U 5.000 EA 85.33 426.65 874S -A ELIMINATING EXISTING PAVEMENT MRK (4 ") U 790.000 LF 0.75 592.50 TOTAL BASE BID (ITEMS 1 THRU 45) $289,019.89 2 Bid Total > $289,019.89 ITEM CODE QUANTITIES UNIT ITEM DESCRIPTION AND WRITTEN UNIT PRICE UNIT PRICE T BID ITEM SPEC. ITEM NO. 44 8715 -G 5.000 EA n HEN 'LEC'I'URILEII MA FO "I'Y 1 AIN YEMENI KING ) DOL $ $ A D / CENTS :Each 45 • 8745 -A 791 , : . � / LF ELI 1NA FOR � E IS'1'ING YAVEM ENT MARKINGS (4") DOLLARS $ $ AND CENTS PER: Linear Foot BID P•POSAL Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects Page 10 of 10 • PROPOSAL SHEET TOTAL BASE BID (Items 1 thru 45): $ ; Ql9. STATEMENT OF SEPARATE CHARGES: Materials: $ /0 1 55 • l'7 All Other Charges: * Total: * Note: This total must be the same amount as shown above for "Total base bid" • If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within forty -five (45) working 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 Sub d, re Print Name rolr Inc Peter Title for BLAND/SCHROEDER/ARCHER, L.P. Name of Firm • e Date • P:\project\23001011Bid Docs\2 Via _Dbl.doc BD- (LAST) 13111 DESSAU ROAD Address PHONE: (512) 821 -2808 FAX: (512) 670 -0694 Telephone Secretary, if Contractor is a Corporation • • 3.0 POST BID DOCUMENTS II • • THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this 2Z •' day of /Yj , 2003, by and between (Owner) City of Round Rock, Texas of the State of Te,fas, acting through Nyle Maxwell, Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and ( Contractor) BLANDISCHROEDER/ARCHER, I, ? 41/64 n , Texas, County o Ira ✓iS , and State of Texas, hereinafter termed CONTRACTOR. THE CONTRACT DOCUMENTS consist of this Agreement and any Attachments and Exhibits attached hereto, Conditions of the Contract (General, Supplementary, and other conditions), Drawings, Specifications, all Addenda issued prior to execution of the Agreement and all Change Orders and written modifications issued subsequent thereto. These form the contract, and all are as fully a part of the Contract as if attached to this agreement or repeated herein. Unless otherwise specified, definitions set forth in the General Conditions apply to all other Contract Documents. • 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: Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects 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 Huggins /Seiler & Associates, LP, 600 Round Rock Dr., Suite 602, Round Rock, TX 78681, 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 (ten) calendar days after the date written notice to do so have been given to him, and to complete the same within 45 (forty -five) working days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. postbid. mst /spec master PBD -2 • 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 T (OWNER) BY ATTEST: yle axwell Mayor as Contractor herein; that Corporate Seal postbid.mst /spec master PBD -3 BLAND/SCHROEDER/ARCHER, L.P. (CONTRACTOR) To.2 its (Typed name) A I I EST: (The following to be executed if the Contractor is a Corporation.) Joe Bland President, EllenciSchrosder, ha. C,enerM Pent( (Title) Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State I , certify that I am the Secretary of the Corporation named , who signed this Contract on behalf of the Contractor was then (official title) of .+ • C e . o i tion, that said Contract was duly signed for and in behal o t,. Corporatio d Corp ration by authority of its governing body, and is within the • PERFORMANCE BOND • THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOWALL MENBYTHESEPRESENTS: That Bland /Schroeder /Archer, LP of the City of Austin , County o f Travis , and State of p Texas , as Principal, and Hartford N any authorized under the law of 7n S Yanf Q Cn the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Two Hundred Eighty Nine Thousand NinatPpn and 89 /100'a d ollars ($ 289,019.89 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the Z. day of /n w y , 20 03 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter '2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbid -mst /spec master PBD -4 Bond No. 46BCSCA6490 • ..,. PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of June 20 03 . Bland /Schroeder /Archer, LP Principal Surety By: \....xk. W. Schuler Title Title 13111 Dessau Road Address Austin, Texas 78754 Resident Agent of Surety: Time Insurance Agency, Inc.. Printed Name 1405 E. Riverside Drive Address Joe Bland o1d*4 General Maier Austin, Texas 78741 City, State & Zip Code postbid.mst /spec master PBD - Hartford Fire Insurance Company Attorney -In -Fact 17855 Dallas-Pa- rkway>:.. Address Dallas, .Texas 75287 • • l • THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.mst /spec master PAYMENT BOND * ** Hartford Fire Insurance Company Bond No. 46BCSCA6490 KNOW ALL MEN BY THESE PRESENTS.: That Bland /Schroeder /Archer, LP oftheCity of Austin , County of Travis , and State of Texas as Principal, and * ** authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Two Hundred Eighty Nine Thousand Nineteen and 89/100's Dollars ($ 289,019.89 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the Z2 A day of /loy , 2003 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be ' determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PBD - • PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 12th day of June 20 03 Bland /Schroeder /Archer, LP Principal Title 13111 Dessau Road Address Austin, Texas 78754 Dallas, Texas 75287 Resident Agent of Surety: Time Insurance Agency, Inc. Printed Name Address Joe Bland President, Bind/8gttowpr, Inn, Gerard Palmer 1405 E. Riverside Drive Austin, Texas 78741 City, State & Zip Code ature John W. Schuler postbid. mat /spec master PBD -7 Hartford Fire Insurance Company Surety By: Attorney -In -Fact Title 17855 Dallas Parkway Address • W. Schuler CERTIFICATE OF LIABILITY INSURANCE PRODUCER • Time Insurance Agency, Inc. 1405 E. Riverside Dr. Austin, TX 78741 512- 447 -7773 INSURED Bland /Schroeder /Archer, L.P. 13111 Dessau Rd., Austin, TX 78754 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE GENERAL AGGREGATE $2,000,000 A 65CQT0687 5/1/03 5/1/04 PRODUCTS-COMP/OPAGG. 52,000,000 GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY C C00081787 OTHER postbid.mst /spec master 65UENQT0988 5/1/03 5/1/04 5/1/03 5/1/04 LIMITS COMBINED SINGLE LIMIT EACH OCCURRENCE AGGREGATE Dare: 6 COMPANIES AFFORDING COVERAGE A Twin City Fire Insurance Company B Hartford Insurance Company C United National Insurance Company D Hartford Underwriters Insurance Company PERSONAL & ADV. INJURY S1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) S 300,000 MED. EXPENSE (Any one person) $ 10,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS 65WEQT0686 5/1/03 5/1/04 EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE CERTIFICATE HOLDER: City of Round Rock SIGNATURE OF AUTHO ED REPRESENTATIVE Round nd E. Main Street _ _ J • Round Rock, Texas 78664 if Atm: lames Nuse T.ped Name: 7r,hr, LI Crh„1 or T de: Owner PBD - $1,000,000 $4,000,000 s4,000,000 $1,000,000 51,000,000 $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL 1TEMS/EXCEPTIONS RE: Gattis School Rd., Double Creek Dr. and Louis Henna Blvd. Turn Lane Projects - City of Round Rock, Texas. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. • WARRANTY BOND •) • BOND NUMBER 46BCSCA6490 AMOUNT $289,019.89 KNOW ALL MEN BY THESE PRESENTS, That we, Bland /Schroeder /Archer, LP (hereinafter called the "Principal ") as Principal, and the Hartford Fire Insurance Company a Corporation duly organized under the laws of the State of Connecticut and duly licensed to transact business in the State of Texas (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of Two Hundred Eighty Nine Thousand Nineteen and 89/100's dollars ($ 289,019.89 ) 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 City of Round Rock Dated /Yf s ty 22 , 20 03, for construction of: postbid.mst /spec master Gattis School Road, Double Creek Drive and Louis Henna Blvd. Turn Lane Projects 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 O year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of One year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas PBD -9 • • 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. Bland /Schroeder /Archer, LP Principal Title Title 13111 Dessau Road Address Austin, Texas 78754 Dallas, Texas 75287 Resident Agent of Surety: Time Insurance Agency, Inc. Printed Name 1405 E. Riverside Drive Address Joe Bland President, BanclActoneciar. Inc. General Partner Austin, Texas 78741 State & Zip Code ture John W. Schuler postbid -mst /spec master PBD - 1 0 Hartford Fire Insurance Company Surety By: Address n W. Schuler Attorney -In -Fact 17855 Dallas Parkway Hartford Fire Insurance Company 0 Hartford Casualty Insurance Company • n Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company • • KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty insurance Company, Twin City Fire insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartfoni Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office In Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies') do hereby make, constitute and appoint, up to the amount of Unlimited: John W. Schuler of Austin, 7X their true and lawful Attomey(s) -In -Fact. each In their separate capacity if more than one Is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuers to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergentwkz, Assistant Secretary STATE OF CONNECTICUT. ss. Hartford COUNTY OF HARTFORD THE HARTFORD HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Bond Number: 46BCSCA6490 Twin City Fire Insurance Company n Hartford Insurance Company of Illinois n Hartford Insurance Company of the Midwest 0 Hartford Insurance Company of the Southeast Q John P. Hyland, Assistant Vice President On this 19 day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say. that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described In and which executed the above Instrument that he knows the seals of the said corporations; that the seals affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Ian H. Wozniak Notary Public My C main ion Expires June 30.2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Atomey executed by said Companies, which is still in full force effective as of June 12, 2003 Signed and sealed at the City of Hartford. CERTIFICATE Colleen Mastroianni, Assistant Vice President • • THE 54 HARTFORD Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Inquiries Regarding Claims Twin City Insurance Company - • Hartford Insurance Company of Illinois ' Hartford insurance Company of the Midwest Hartford Insurance - Company of the Southeast - Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888 - 266 -3488 Fax - Claime 860- 757 -5835 or 860 -547 -8265 E -mail claims ©lstepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza , 690 Asylum Avenue Hartford, CT 06115 • • • 4.0 GENERAL CONDITIONS • • • Contents 1. Definition of Terms 1.01 - City, 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 General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 2.01 - City- 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 GC -1 • 3. General Obligations and Responsibilities 3.01 - Keeping Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Inventions 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 3.23 - Right to Audit • 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.mstispec master GC -2 • • 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Maximum Markup for Self- Performed Work 6.05 - Maximum Markup for Lower Tier Contractors 6.06 - Unit Price Proposals 6.07 - Cost Plus Proposals 6.08 - Accurate Pricing Information 6.09 - Right to Verify Information 6.10 - Pricing Information Requirements 6.11 - Time of Filing Claims 6.12 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by City 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 - City's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities 11. Termination 11.01 - Termination by City for Cause 11.02 - Termination for Convenience • gencond.msdspec master GC -3 • General Conditions of Agreement • 1. Definition of Terms 1.01 City, Contractor and Engineer The City, 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 City, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents • gencond.mst/spec master 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, applies only to one who has 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" applies to 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. GC - 4 • • 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that 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 City 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 herein under "Changes and Alterations." 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy, or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. gencond.msaspec master GC - 5 0 2. Responsibilities of the Engineer and the Contractor • 2.01 City- Engineer Relationship The Engineer will be the City's representative during construction, The duties, responsibilities and limitations of authority of the Engineer as the City's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the City and the Engineer. The Engineer will advise and consult with the City, and all of the City'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 inspections 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 City of the Engineer's professional judgment 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 City relating to execution or progress of the work or interpretation of the Contract Documents, The Engineer's decision shall be rendered in gencond.mstispec master GC - 6 writing within a reasonable time, which shall not be construed to be less than ten (10) days. • 2.05 Objections In the event the Engineer renders any decision that, 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, the Engineer or his representative shall furnish all lines and grades. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practical and the Contractor shall be allowed no extra compensation therefore. 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 by 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 City 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.mstlspec master GC - 7 • • any other such information shall be to define the specificity of 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 City, 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 that can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the City 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 City or the Engineer either before or after the execution of this contract shall affect or modify any of the terms or obligations herein contained. gencond.mstspec master GC - 8 40 i 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. Any Contractor for work on this project may employ no illegal alien, 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. gencond.mstlspec master GC - 9 • • Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. 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 City 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 City; 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. gencond,mstlspec master GC -10 • 2.15 Changes and Alterations • • The Contractor further agrees that the City may make such changes and alterations as the City may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment." Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the City makes such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the City 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 conceming 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 City to independently act for either or to 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 gencond.mstispec master GC -11 • • duty to complete all work in strict accordance with the plans and specifications or stop the City or the Engineer from requiring that all work be fully and properly performed and, if necessary, that defective or otherwise unacceptable work be removed and such work redone. 3. General Obligations and Responsibilities 3.01 Keeping 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 No drawings, specifications or copies furnished by the Engineer shall be reused on other work, and, with the exception of the signed contract sets, are to be returned to the Engineer, on request, at the completion of the work. All models are the property of the City. 3.03 Adequacy of Design It is understood that the City believes it has employed competent engineers and designers. It is therefore agreed that the City 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 City. 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 City reserves the right to enter the property or location at which the work herein contracted for is 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 City may desire. gencond.mst/spec master GC -12 • • 3.05 Collateral Contracts The City 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 City 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 that may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the 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 City or the Engineer, thereby causing loss to the Contractor, the City agrees that he will reimburse the Contractor for such loss. In the event the City 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 City becomes liable, then the Contractor shall reimburse the City 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 gencond.msUspec master GC -13 • • • machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the City 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 City 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 from the Contractor. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the City. 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 the City will make no extra payment for such bonds. Unless otherwise approved in writing by the City, 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 he done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. gencond.mstlspec master GC -14 • • 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 City and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Material men and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the City and the Engineer from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, material men 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 City, 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 City may either pay directly any unpaid bills of which the City 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 either the Contractor or his surety construe the provisions of this sentence to impose any obligation upon the City. 3.14 Protection Against Royalties or Patented Inventions 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 defend, indemnify and hold harmless the City and the Engineer from any loss on account thereof, except that the City shall defend all such suits and claims and shall be responsible for all such losses when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the City; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall defend, indemnify and hold harmless the City from any loss on account thereof. If the material or process specified or required by the City is known by gencond.mstlspec master GC -15 • the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the City. • 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save the City and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the City 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 City 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 City. 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 City as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the City and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. is attributable to bodily injury, sickness, disease or death of any person, including Contractor's employees and any Subcontractor's employees and any Sub - Subcontractor's employees, or to injury to or destruction of tangible property, including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - Subcontractor, including the loss of use resulting therefrom; and, gencond.mstlspec master GC -16 • • 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - Subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this section 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 City 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 this section 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 Workers' 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 employees or representative's work on the project has been completed and accepted by the City. 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 gencond.mst/spec master GC -17 • • • gencond.mstlspec master 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 that furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all employees of the Contractor providing services on the project, for the duration of the project. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. (c) Texas must appear in Item 3A of the Workers' 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 City 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 City showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and GC -18 • • • gencond.mstlspec master (b) no later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall 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) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; GC -19 • (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; • gencond.msdspec master (f) notify the City in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City 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 worker, 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 City 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 City. B. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 aggregate or $500,000 for this designated project and $100,000 Fire Damage, including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $100,000 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 $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. Contractor shall require Subcontractors to provide Automobile Liability Insurance with the same minimum limits. GC -20 • • 3.19 Final Clean -Up • The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until the City and the Engineer have approved such insurance. 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 City and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the City and all insurance (other than workers' compensation) shall be endorsed to include the City as an additional insured there under. All insurance policies /certificates shall include a clause providing that the insurer will notify the City in writing at Least 30 days prior to termination, cancellation, reduction, or material change of coverage. This clause must require that the City be contacted within the specified time by 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 termination, cancellation, reduction or material change of coverage. 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 provided above, the City 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 that may be discovered gencond.mstispec master GC -21 • • gencond.mstlspec master 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 City 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 City may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the City. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the Engineer shall determine the extent of the retesting. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the City. The City will designate the testing laboratory. 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 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, employs the worker. GC -22 • 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty • a. The contractor who is awarded a contract by a public body, or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid Less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 3.23 Right to Audit Whenever the City enters into any type of contractual arrangement including but not limited to lump sum contracts (i.e., fixed price or stipulated sum contracts), unit price, cost plus or time and material contracts with or without a guaranteed maximum (or not -to- exceed amounts), Contractor's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. A City representative, or an outside representative engaged by the City may perform such audits. The Contractor shall maintain all records relating to this contract for four (4) years from the date of final payment under this Contract, or until pending litigation has been completely and fully resolved, whichever occurs last. gencond.mst/spec master GC -23 • • The City shall have the exclusive right to examine the records of the Contractor. The term "records" as referred to in this Contract shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Document. Such records shall include (hard copy, as well as computer - readable data if it can be made available), written policies and procedures; time sheets; payroll registers; cancelled checks; personnel file data; correspondence; general ledger entries; and any other record in the Contractor's possession which may have a bearing on matters of interest to the City in connection with Contractor's dealings with the City (all foregoing hereinafter referred to as "records "). In addition, the Contractor shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the Contractor to the extent necessary to adequately permit evaluation and verification of: a) Contractor compliance with contract requirements, b) compliance with City's business ethics policies, and c) if necessary, the extent of the work performed by the Contractor at the time of contract termination. Contractor shall require all payees (examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this article by incurring the requirements hereof in a written contract agreement between Contractor and payee. Such requirements include a flow -down right of audit provisions in contracts with payees that also apply to Subcontractors and Sub - Subcontractors, material suppliers, etc. Contractor will cooperate fully and will require Related Parties and all of Contractor's subcontractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or in making available to the City from time to time whenever requested, in an expeditious manner, any and all such information, materials and data. City's authorized representative or designee shall have reasonable access to the Contractor's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article. If an audit inspection or examination in accordance with this Article discloses overpricing or overcharges (of any nature) by the Contractor to the City in excess of one -half of one percent (.5 %) of the total contract billings, the reasonable actual cost of the City's audit shall be reimbursed to the City by the Contractor. Any adjustments and/or payments, which must be made as a result of any such audit or inspection of the Contractor's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days) gencond.mstlspec master GC - • • from presentation of the City's findings to the Contractor. Contractor shall take reasonable actions to prevent any actions or conditions, which could result in a conflict with the City's best interests. These obligations shall apply to the activities of Contractor's employees, agents, subcontractors, etc. in their dealings and relations with the City's current and former employees and their relatives. For example, Contractor's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other considerations to City's representatives, employees or their relatives. It is also understood by the Contractor that any solicitation of gifts or any other item of value by anyone representing the City is to be reported within two business working days to the City at the following telephone number (xxx) xxx -xxxx (xxxxx,xxxxxxx Department). Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the City to pursue damages resulting from the failure to comply with tiffs provision. 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 City 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 City shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules that shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time gencond.mst/spec master GC - • • Should the Contractor be delayed in the completion of the work by any act or neglect of the City or the Engineer, or of any employee of either, or by other contractors employed by the City, 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 that 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 City) 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 City, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the City 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 that may be found between the quantities of work actually done, the material actually furnished gencond.mst/spec master GC -26 • • 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 than 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 City 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 that in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statements. The City 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, of 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 City 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 City may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the City's option, may be relieved of the obligation to fully complete the gencond.mst/spec master GC - 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 City 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. 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 City shall inspect the work and within said time, if the work is found to be completed in accordance with the Contract Documents, the Engineer shall issue to the City and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the City 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 a final statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the City, 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.mst/spec master GC - • • • 5.08 Payments Withheld The City may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such an extent as may be necessary to protect itself 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 City or another contractor's work, material or equipment. e) reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) reasonable indication that the work will not be completed within the contract time. g) other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the City, which will protect the City in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the City fail to make payment to the Contractor of the sum named in any partial or final statement when payment is due, then the City 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 City 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 City 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. gencond.mstlspec master GC - • 6. Extra Work and Claims 6.01 Change Orders The contract language contained herein will supplement and take precedence over all other change order pricing contract provisions in file contract documents provided by either the City, Construction Manager (Contractor), General Contractor (Contractor) and/or Architect/Engineer. It is understood that these contract provisions will govern the pricing and administration of all change order proposals to be submitted by the General Contractor (Contractor), Construction Manager (C/M), Prime Contractors, Trade Contractors or Subcontractors (Subcontractor), and all other lower tier Contractors (Sub- Subcontractors) working on the Project. In the event of a conflict between the language herein and the other contract documents used for the project, the change order pricing and contract provisions in this Article shall govern. The Contractor agrees that it will incorporate the provisions of this Article into all agreements with lower -tier Contractors, Subcontractors, etc. It is understood that these change order pricing provisions apply to all types of contracts and/or subcontracts, specifically including lump sum (or fixed price contracts), unit price contracts, and/or cost plus contracts with or without a guaranteed maximum. It is further understood that these change order provisions will apply to all methods of change order pricing, specifically including lump sum change order proposals, unit price change order proposals, and cost plus change order proposals. Without invalidating this agreement, the City 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 City 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 City, 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 City 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. gencond.mst/spec master GC -30 • • • In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the City 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 that 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; If Method (B) is utilized, the Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the additional work and/or the work to be deleted. This proposal will be itemized for the various components of work and segregated by labor, material, and equipment in a detailed format satisfactory to the City. The City will require itemized change orders on all change order proposals from the Contractor, Subcontractors, and Sub - Subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed material quantity take -offs, material prices by item and related labor hour pricing information and extensions (by line item by drawing as applicable). Method (C) If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall submit a cost plus change order proposal as defined in the following provisions: a. Labor: Estimated labor costs to be included for self - performed work shall be based on the actual cost per hour paid by the Contractor for those workers or crews of workers who the contractor reasonably anticipates will perform the change order work. Estimated labor hours shall include hours only for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the agreed upon Markup Percentages as outlined in paragraph 6.04 of this Article. gencond.msdspec master GC - • • • 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 therefore, and the Engineer insists upon its gencond.mst/spec master b. Labor Burden - Labor burden allowable in change orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employers for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self - insured losses, assigned risk rebates, etc. the Contractor shall reduce his standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. c. Material: Estimated material change order costs shall reflect the Contractor's reasonably anticipated net actual cost for the purchase of the material needed for the change order work. Estimated material costs shall reflect cost reductions available to the Contractor due to trade discounts, free material credits, and/or volume rebates. Cash discounts available on material purchased for change order work shall be credited to City if the Contractor is provided City funds in time for Contractor to take advantage of any such cash discounts. Price quotations from material suppliers must be itemized by each specific item to be purchased. "Lot pricing" quotations will not be considered sufficient substantiating detail. d. Equipment: Allowable change order estimated costs may include appropriate amounts for rental of major equipment specifically needed to perform the change order work (defined as tools and equipment with an individual purchase cost of more than $750). For contractor -owned equipment, the "bare" equipment rental rates allowed to be used for pricing change order proposals shall be 75% of the monthly rate listed in the most current publication of The AED Green Book divided by 173 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Further, for contractor -owned equipment, the aggregate equipment rent charges for any single piece of equipment used in any change order work shall be limited to 50% of the fair market value of the piece of equipment when the first change order is priced involving usage of the piece of equipment. Fuel necessary to operate the equipment will be considered as a separate direct cost associated with the change order work. GC -32 • • • performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of actual costs, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to mediation or litigation. 6.04 Maximum Markup for Self- Performed Work With respect to pricing change orders to any Lump Sum Contract change order, the maximum Markup Percentage Fee to be paid to any Contractor (regardless of tier) on self - performed work shall be a single markup percentage not -to- exceed (the following sliding scale of percentages) of the net direct cost of (1) direct labor and allowable labor burden costs applicable to the change order or extra work, (2) the net cost of material and installed equipment incorporated into the change or extra work, and (3) net rental cost of major equipment and related fuel costs necessary to complete the change in the Work. The following sliding scale will apply for the pricing of the self - performed work portion of each change order proposal request: a. 15% on the first $25,000 of the change order direct cost of self - performed work, b. 10% on the portion of the change order direct cost of self - performed work between $25,000 and $50,000, and c. 7.5% on the portion of the change order direct cost of self - performed work between $50,000 and $200,000 and, e. 5% on the portion of the change order direct cost of self - performed work greater than $200,000. 6.05 Maximum Markup for Lower Tier Contractors: With respect to pricing the portion of change order proposals involving work performed by lower -tier contractors, the maximum Markup Percentage Fee allowable to the Contractor supervising the lower -tier contractor's work shall not -to- exceed the following sliding scale on the aggregate amount allowed to be charged by the lower tier contractor(s) for each change order event: a. 8% on the first $25,000 of approved change order work performed by all Subcontractors combined for any particular change order proposal. b. 4% on any amount greater than $25,000 of approved change order work performed by all the Subcontractors combined for any particular change order proposal. In no event will any lump sum or percentage amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Unknowns attributable to labor hours will be accounted for when estimating labor hours anticipated to accomplish the work. Unknowns attributable to material scrap and waste will be estimated as part of material costs. gencond.mst/spec master GC - • • • The Contractor's proposals for changes in the contract amount or time shall be submitted within seven (7) calendar days of the City's request, unless the City extends such period of time due to the circumstances involved. If such proposals are not received in a timely manner, or if the proposals are not acceptable to City, or if the changed work should be started immediately to avoid damage to the project or costly delay, the City may direct the Contractor to proceed with the changes without waiting for the Contractor's proposal or for the formal change order to be issued. In the case of an unacceptable Contractor proposal, the City may direct the Contractor to proceed with the changed work on a cost plus basis with an agreed upon not -to- exceed price for the work to be performed. Such directions to the Contractor by the City shall be confirmed in writing by a "Notice to Proceed on Changes" letter within seven (7) calendar days. The cost or credit, and or time extensions will be determined by negotiations as soon as practical thereafter and incorporated in a Change Order to the Contract. In the event the Contractor has been required to furnish performance and/or payment bonds as part of the base contract price, a final contract change order will be processed to account for the Contractor's net increase or decrease in bond premium costs associated with change orders to Contractor's base contract price. Contract adjustments related to any such increased or decreased costs of insurance and/or bond coverage will not be subject to any Contractor markup for overhead and profit. 6.06 Unit Price Proposals As an alternative to Lump Sum Change Order Proposals, the City or the Construction Manager acting with the approval of the City may choose the option to use Contract Unit Prices. The Contractor will submit within seven (7) days after receipt of the City's written request for a Unit Price Proposal, a written Unit Price proposal itemizing the quantities of each item of work for which there is an applicable Contract Unit Price. The quantities must be itemized in relation to each specific contract drawing. Contract Unit Prices will be applied to net differences of quantities of the same item. Such Contract Unit Prices will be considered to cover all direct and indirect costs of furnishing and installing the item including the Subcontractor's Markup Percentage Fee. 6.07 Cost Plus Proposals As an alternative to either Lump Sum Change Order Proposals or Unit Price Change Order Proposals, the City may elect to have any extra work performed on a cost plus markup percentage fee basis. Upon written notice to proceed, the Contractor shall perform such authorized extra work at actual cost for direct labor (working foremen, journeymen, apprentices, helpers, etc.), actual cost of labor burden, actual cost of material used to perform the extra work, and actual cost of rental of major equipment (without any charge for administration, clerical expense, general supervision or superintendence of any nature whatsoever, including general foremen, or the cost or rental of small tools, minor gencond.mst/spec master GC -34 • • • equipment, or plant (fabrication), plus the approved markup percentage fee. The intent of this clause is to define allowable cost plus chargeable costs to be the same as those allowable when pricing Lump Sum Change Proposals as above. City and Contractor may agree in advance in writing on a maximum price for this work, and City shall not be liable for any charge in excess of the maximum. Daily time sheets with names of all the Contractor's employees working on the project will be required to be submitted to the City for both labor and equipment used by the Contractor for time periods during which extra work is performed on a cost plus fee basis. Daily time sheets will break down the paid hours worked by the Contractor's employees showing both base contract work as well as extra work performed by each employee. 6.08 Accurate Pricing Information The Contractor agrees that it is responsible for submitting accurate cost and pricing data to support its Lump Sum Change and/or Cost Plus Change Order Proposals or other contract price adjustments under the contract. The Contractor further agrees to submit change order proposals with cost and pricing data, which is accurate, complete, current and in accordance with the terms of the contract with respect to pricing of change orders. 6.09 Right to Verify Information Contractor agrees that any designated City's representative will have the right to examine the Contractor's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the Contractor agrees that if the City later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the contract regarding pricing of change orders, then an appropriate contract price reduction will be made. 6.10 Pricing Information Requirements The Contractor agrees to provide and require all Subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined in this Article. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended that this information represent an accurate estimate of the Contractor's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced, the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed upon labor cost components used to price change orders will be subject to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed upon labor cost components are determined to be inaccurate. gencond.mst/spec master GC -35 • • • 6.11 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 the Engineer's decision, any demand for mediation shall be filed with the Engineer and the City in writing within ten (10) days after the date of the delivery to the Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the City and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by City for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. 6.12 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the City. 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 City 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 City 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 City 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 therefore (except when used in connection with extra work, where credit shall be allowed gencond.msdspec master GC - • • • as provided for under Section 6 herein), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the City may provide for completion of the work in either of the following elective manners: gencond.mstlspec master (1) The City may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the City 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 City 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 City, or (2) The City, 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 that are provided in this contract. In case there is any increase in cost to the City 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 therefore. 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 has 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 City as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of deliveries 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 City had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his surety shall GC -37 • • pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and /or his surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his surety fail to pay the amount due the City 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 City to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the City 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 City may elect. The City shall release any machinery, equipment, tools, materials, or supplies that 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 City In case the City 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 there from 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 terns 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 that 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 City and all other sums that may be retained by the City under the terms of this agreement and shall certify same to the City 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. gencond.mstispec master GC - • 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 City and the Engineer a List of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the City or the Engineer, after clue investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the City or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the City 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 City 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 City 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 City and the Engineer, unless the substitution is acceptable to the City and the Engineer. gencond.msdspec master GC - 8.02 Subcontractual Relations • All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - Subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the City 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 City; (5) A copy of all such subcontract agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors obligate each Subcontractor specifically to consent to the provisions of this section. The Contractor shall pay each Subcontractor, upon receipt of payment from the City, 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 that 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. gencond.mst/spec master GC - • • 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 City 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 City's Right to Award Separate Contracts The City 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 that 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 City or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the City shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the City arises therefrom, the Contractor shall pay or satisfy it and shall reimburse the City for all attorney's fees and court costs or other costs that the City has incurred. gencond.msdspec master GC - • 9.03 Cutting and Patching under Separate Contracts • The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefore. 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. gencond.msdspec master GC - • • • 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 and 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: The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract at least twenty -four (24) hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City departments will be notified by the Contractor, on every occasion, at least twenty - four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 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. gencond.msdspec master GC - 3 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 that 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 City or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the City 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 City 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 gencond.mst/spec master GC -4 4 • • • non - delegable. 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 City for Cause Conditions for termination are as follows: Without prejudice to any other legal or equitable right or remedy that it would otherwise possess hereunder or as a matter of law, the 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 a. 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 a. shall fail for any reason other than the failure by City to make payments called upon when due, and b. shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 5. If Contractor a. shall commit a substantial default under any of the terms, provisions, conditions, or covenants contained herein; or b. shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or c. in the event of such termination, the 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 the 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. gencond.mstlspec master GC -4 5 • • 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, the 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 the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options and privileges to the City. If the City elects to complete the work itself or by others, pursuant to the foregoing, the Contractor will reimburse the City for all costs incurred by the 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 that fails to meet contract requirements. Nothing contained in the preceding sections shall require the City to pay for any work that is unsatisfactory as determined by the Director or that is not submitted in compliance with the terms of this Contract. The City shall not be required to make any payments to the Contractor when the Contractor is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which the City may have if the 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 the Contractor that the City may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause as outlined above, or for the convenience of the City, upon fifteen (15) days written notice to Contractor, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Contract shall cease. The Contractor shall invoice the 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 the City, the 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 the City may make to ensure 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 the City: 1. Stop the work on the date and to the extent specified in the notice of termination. gencond.mst/spec master GC - 6 • 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 the City, in the manner and to the extent directed by it, al right title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, the 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 the City, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts. 6. Deliver to the City all documents, property, plans, field surveys, maps, cross sections and other data, designs and work related to the Project, all of which shall become the property of the City upon termination of this Contract, in a reasonably organized form, without restriction on future use. Should the City subsequently contract with a new contractor for continuation of services under this Project, the 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 a reimbursable cost unless it relates to carrying out the un- terminated portion or taking closeout measures. gencond.mstlspec master GC -4 7 • • 5.0 SPECIAL CONDITIONS • S SECTION 01- INFORMATION • 01 -01 ENGINEER 01.05 LOCATION • 01.06 USAGE OF WATER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock (The "City "), 221 East Main Street, Round Rock, Texas 78664, Engineer of the City, or the Engineers authorized representative to act in any particular position for the City. 01.02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. The City will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the City. 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 City may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $250.00 per calendar day. The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. • • • The City shall provide all water used during construction. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 -07 PAY ESTIMATES specond.mstlspecs If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from The City, the Contractor shall repair defects in all construction or materials that develop during specified period and at no cost to The City. 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 SC -3 • • • specand.msuspecs given with reasonable promptness. Failure to repair or replace defect upon notice entitles The City to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the City. 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 City has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the City may be required to change and /or delete any items which it 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 City 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 City shall provide a project representative to review the quality 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 City, 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 SC -4 • • The City will not pay for materials on hand. Payment will be made for work completed in accordance with the 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 City. 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 -built 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 The City provides, as indicated on Drawings, land upon which work is to done, right -of- way for access to same and such other lands that are designated for the use of the Contractor. Contractor provides, at his expense and without liability of The City, 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 specontlmstlspecs 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 relocation will be at the Contractor's sole expense. The City 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. SC -5 • 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract should be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. • • SECTION 03- TRAFFIC CONTROL SECTION 04- WARRANTY BOND SECTION 05- INSURANCE specond.mstlspecs Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to the bid item, Traffic Control, and no additional compensation shall be given for complying with this Special Condition. Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of sub grade material when the Plasticity Index of the sub grade is above 20. A one (1) 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 City prior to final payment. Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance SC -6 • • • specondmstlspecs Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by The City 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 Workers Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. The City 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's and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the City, 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 offsite storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, SC -7 • Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. • • specond.mst/specs 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 The City's Contract Administration Office has reviewed such insurance. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by The City 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 the City. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to termination, cancellation, reduction, or material change of coverage. 3. That the "other" insurance clause shall not apply to the City where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both The City 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 SC -8 • • • specond,mstlspecs 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 The City a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Contractor shall pay actual losses not covered by insurance as required by the section. SC -9 • • • SECTION 06- WAGE RATES General Decision Number TX000043 Superseded General Decision No. TX990043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES. Modification Number 0 County(ies): BELL CORYELL BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 03/2611998 Publication Date 02/11/2000 TRAVIS Rates AIR TOOL OPERATOR 8.08 ASPHALT HEATER OPERATOR 11.00 ASPHALT RAKER 8.00 ASPHALT SHOVELER 7.97 BATCHING PLANT WEIGHER 11.00 CARPENTER 10.80 CONCRETE FINISHER - PAVING 9.57 CONCRETE FINISHER - STRUCTURES 8.83 CONCRETE RUBBER 8.52 ELECTRICIAN 16.25 specond.mstlspecs SC -10 Fringes • FLAGGER Rates FORM BUILDER - STRUCTURES 877 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 10.81 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 15.75 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 9.92 WAGON - DRILL /BORING MACHINE 8.00 • specond.msUspecs SC -11 Fringes • REINFORCING STEEL SETTER PAVING Rates REINFORCING STEEL SETTER STRUCTURES 10.61 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 may be added after award only as provided in the labor standards contract clauses (29 CFR 15.5(a) 1 (ii)) specond,mstlspecs 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.) lithe 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: SC -12 Fringes • • • 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: specond.mstlspecs 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 -13 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 $0.00 $10.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 moo $0.00 $12.18 'LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 $0.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAllO WORKER $0.00' $0.00 $0.00 $0.00 $0.00` TILE SETTER $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFER/CAULKER $10.64 $0.00 $0.00 $0.00 $10.64 •OUNTY NAME: WILLIAMSON '$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. ove rnment Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does not violate this section if a ublic body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. (Property of General Services Commission, Based on 1996 Survey results) specond,mstlspecs PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES SC - 14 Date Printed: April 15, 1997 • • 6.0 TECHNICAL SPECIFICATIONS • • • ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK techspec.mstispec.master The work covered by these Specifications consists of fumishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. TS -1 • ITEM 2CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE • 2.01.2 BACKWORK 2.02 GRADING techspec msyspec.master During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. TS -2 • ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK • techspec.msUspec.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 City'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 City must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or City's representative. 3.03 CONSTRUCTION STAKING The Engineer shall fumish 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 comers, etc., shall be replaced by the Contractor at the Contractors 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.mstlspec.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 CONTRACTORS USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. TS -4 • • • ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP techspec.mstlspec.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 City to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -5 • GOVERNING SPECIFICATIONS City of Austin Standard Specifications as adopted by the City of Round Rock Item No. Description and Specific Reference Items Items 1 to 5 General Requirements & Covenants 101S Preparing Right of Way (110S, 111S, 120S, 132S, 403, 506S, 6105) 104S Removing Concrete (101S, 110S, 1115, 120S, 132S, 403, 610S) 110S Street Excavation (101S, 102S, 104S, 132S, 201S, 236S, 610S) 132S Embankment (101S, 102S, 104S, 1105, 111S, 130S, 201S, 236S, 401, 610S) 315S Milling Asphaltic Concrete Pavement and Non - Portland Cement Concrete Bases (642S, 864S) 340 Hot Mix Asphaltic Concrete Pavement (230, 232, 301, 307, 313, 864, 1804) 430S Concrete Curb and Gutter (130S, 210S, 360, 403, 406, 408, 409) 432S Concrete Sidewalks (111S, 201S, 403, 406, 407, 408, 409, 410, 480S, 485S, 604S) 434S P.C. Concrete Medians and Islands (201S, 210S, 403, 405, 406, 408, 409, 410) 4705 Curb Cuts for Sidewalk Ramps and Driveways 485S Concrete Paver Units for Sidewalks and Ramps (210S, 403, 620S) • 551S Pipe Underdrains (403, 410, 509, 591, 620) 604S Seeding for Erosion Control (130S, 6065) 605S Soil Retention Blanket (602S, 604S) 608S Planting (606S) 628S Sediment Containment Dikes (604S) 642S Silt Fence 7005 Mobilization 803S Barricades, Signs and Traffic Handling (801S, 8025, 870S, 874S) 824S Traffic Signs (401, 403, 406, 410, 411, 722) 863S Reflectorized Pavement Markers (867S, 874S, 875S) 870S Work Zone Pavement Markings (320S, 8605, 871S, 874S) 871S Reflectorized Pavement Markings (320S, 860S, 874S, 875S) 874S Eliminating Existing Pavement Markings and Markers (301, 302S, 320S, 875S) • All Specifications and Special Provisions applicable to this project are identified as follows: General: The above listed specification Items are those under which payment is to be made. These, together with such other pertinent items, as may be referred to in the above - listed specification items, and including any special provisions listed above, constitute the complete specifications for this project. techspec.msUspec.master TS -6 • • 9.0 PLANS, DETAILS AND NOTES • • • PLANS The construction drawings covered by this Contract are under separate cover, but are considered as attached, and form a part of this Contract. • 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. CONTRACTOR SHALL VERIFY EXACT DEPTHS AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO BEGINNING OF 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. 5. PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL APPLY FOR AND SECURE ALL PROPER PERMITS FROM THE APPROPRIATE AUTHORITIES. 6. IF BLASTING IS PLANNED BY THE CONTRACTOR, A BLASTING PERMIT MUST BE SECURED FROM THE CITY OF ROUND ROCK PRIOR TO COMMENCEMENT OF • ANY CONSTRUCTION. BLASTING WILL NOT BE PERMITTED WITHIN 15 FEET OF ANY EXISTING UTILITY LINES OR STRUCTURES WITHOUT PRIOR WRITTEN CONSENT OF THE ENGINEER. 7. DUST CONTROL MEASURES PROVIDED BY THE CONTRACTOR AT THE DISCRETION OF THE CITY INSPECTOR. STREET AND DRAINAGE NOTES: 1. ALL TESTING SHALL BE MADE BY AN INDEPENDENT LABORATORY AT THE OWNER'S EXPENSE. ANY RETESTING SHALL BE PAID FOR BY THE CONTRACTOR. A CITY INSPECTOR SHALL BE PRESENT DURING ALL TESTS, 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 %. 2. EXISTING ASPHALT OR CONCRETE STRUCTURES, DRIVEWAYS, AND PAVEMENT SECTIONS TO BE TIED INTO SHALL BE SAW CUT TO SMOOTH, NEAT LINES. 3. BACKFILL BEHIND CURBS SHALL BE COMPACTED AS DIRECTED BY THE ENGINEER. MATERIAL USED FOR CURB BACKFILL SHALL BE PRIMARILY GRANULAR (CLAY MATERIAL WITH P.I. GREATER THAN 35 ARE PROHIBITED) AND FREE FROM STONES LARGER THAN 1 1/2" IN THEIR GREATEST DIMENSION. A 3" LAYER OF SANDY LOAM TOP SOIL SHALL BE PLACED ON THE • BACKFILL UP TO FINISH GRADE. NO PAYMENT WILL BE MADE FOR THIS WORK, BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. 4. ALL EXISTING MANHOLE FRAME, COVERS, AND WATER VALVES WITHIN THE • STREET SHALL BE RAISED TO FINISH PAVEMENT GRADE PRIOR TO FINAL PAVING CONSTRUCTION. PAYMENT FOR THIS WORK SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. 5. AT INTERSECTIONS WHICH HAVE VALLEY DRAINAGE, THE CROWN OF THE INTERSECTING STREET OR DRIVEWAY WILL BE CULMINATED IN A DISTANCE OF 25 FEET FROM THE INTERSECTING CURB LINE UNLESS OTHERWISE NOTED. 6. THE CONTRACTOR IS RESPONSIBLE FOR PROPER DRAINAGE DURING ALL PHASES OF CONSTRUCTION. WATER WILL NOT BE ALLOWED TO POND ON ANY ROADWAY SURFACE AND RUNOFF FROM ADJACENT PROPERTIES SHALL NOT BE IMPEDED. THIS MAY INVOLVE THE CONSTRUCTION OF TEMPORARY DRAINAGE FACILITIES AS DIRECTED BY THE ENGINEER. THE COST OF ANY ADDED MATERIALS REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF ANY TEMPORARY DRAINAGE FACILITIES WILL NOT BE PAID FOR DIRECTLY BUT WILL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS INVOLVED. • EROSION AND SEDIMENTATION CONTROL NOTES: 1. THE CONSTRUCTION ACTIVITIES ASSOCIATED WITH THIS PROJECT MUST MEET ALL APPLICABLE CRITERIA OF THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION SET FORTH IN 20 TEXAS ADMINISTRATIVE CODE (TAC) 213.5(b) — WATER POLLUTION ABATEMENT PLAN FOR REGULATED ACTIVITIES UNDERTAKEN ON THE RECHARGE ZONE OF THE EDWARDS AQUIFER. 2. TEMPORARY EROSION AND SEDIMENTATION CONTROLS ARE REQUIRED DURING CONSTRUCTION. THE CONTROLS MUST REMAIN IN PLACE UNTIL DISTURBED AREAS ARE REVEGETATED AND THE AREAS HAVE BECOME PERMANENTLY STABILIZED. THE TEMPORARY EROSION AND SEDIMENTATION CONTROLS MUST BE INSPECTED PERIODICALLY FOR DAMAGE CAUSED BY CONSTRUCTION ACTIVITIES AND FOLLOWING EVERY RAINFALL. DAMAGED OR OBSTRUCTED CONTROLS MUST BE REPAIRED OR REPLACED AS NECESSARY TO MAINTAIN PROPER OPERATION. 3. 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. 4. EROSION CONTROL MEASURES, SITE WORK AND RESTORATION WORK SHALL BE IN ACCORDANCE WITH THE CITY OF ROUND ROCK EROSION AND SEDIMENTATION CONTROL ORDINANCE. 5. ALL SLOPES SHALL BE SODDED OR SEEDED WITH APPROVED GRASS, GRASS MIXTURES OR GROUND COVER SUITABLE TO THE AREA AND SEASON IN WHICH THEY ARE APPLIED. • 6. 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. 7. 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. 8. 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. TRAFFIC CONTROL AND PAVEMENT MARKING NOTES: 1. THE CONTRACTOR SHALL FURNISH AND MAINTAIN ADEQUATE WARNING SIGNS, BARRICADES, FLASHERS, OR OTHER TRAFFIC CONTROL DEVICES TO BE PLACED AFTER WORKING HOURS AS NEEDED IN ACCORDANCE WITH THE PLANS, OR THE "TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES" OR AS DIRECTED BY THE ENGINEER. 2. ALL PAVEMENT MARKINGS, MARKERS, PAINT, TRAFFIC BUTTONS, TRAFFIC CONTROLS AND SIGNS SHALL CONFORM TO AND BE INSTALLED IN ACCORDANCE WITH THE TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS LATEST EDITION. 3. SIGNS, BARRICADES AND CHANNELIZING DEVICES ARE SHOWN AT APPROXIMATE LOCATIONS ON THE TRAFFIC CONTROL PLAN SHEETS. ACTUAL LOCATIONS MAY VARY AS DICTATED BY FIELD CONDITIONS OR AS DIRECTED BY THE ENGINEER.