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R-82-471 - 8/19/1982TEXAS ATTEST: LAND, Ci y Secretary RESOLUTION NO. 4 / //t WHEREAS, the City Council desires to have constructed a low water crossing consisting of seven box culverts and certain channel improvements at Deepwood Drive and Lake Creek, and WHEREAS, the City has solicited bids from various construction companies, and WHEREAS, McKown Bridge Co. submitted the most favorable proposal, and WHEREAS, the City Council desires to contract with McKown Bridge Co. to construct said box culverts and channel improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with McKown Bridge Co., a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this /7 - day of L. • 'T City of Round Rock, Texas Haynie & Kallman Inc. CONSULTING ENGINEERS CITY OF ROUND ROCK, TEXAS BOX CULVERT & CHANNEL IMPROVEMENTS DEEPWOOD DRIVE AT LAKE CREEK SPECIFICATIONS AND CONTRACT DOCUMENTS Bids will be received at the City Hall of the City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, at 2:00 P.M., Friday, July 16, 1982. Specification No. 1 Haynie & Kallman Inc. lic CONSULTING ENGINEERS 2115 North Maya Round Rock, Texas 78664 (512) 255 -4564, 255 -7881 TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO CONTRACTORS (ADVERTISEMENT) INSTRUCTIONS TO BIDDERS PROPOSAL AND BIDDING SHEET AGREEMENT BID BOND PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE INFORMATION REQUIRED OF LOW BIDDER GENERAL CONDITIONS OF AGREEMENT SPECIAL CONDITIONS OF AGREEMENT TECHNICAL SPECIFICATIONS DETAILS NOTICE TO CONTRACTORS FROM THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS BOX CULVERT & CHANNEL IMPROVEMENTS DEEPWOOD DRIVE AT LAKE CREEK Sealed bids, in envelopes addressed to The City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, will be received at the above mentioned address until 2:00 p.m., July 16, 1982, and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of Box Culvert & Channel Improvements - Deepwood Drive at Lake Creek, located in Round Rock, Williamson County, Texas. Bids will be submitted in sealed envelopes for each Con- tract on the proposal furnished, and marked in the upper left hand corner "Bid for Box Culvert & Channel Improvements - Deepwood Drive at Lake Creek to be opened at 2:00 p.m., July 16, 1982." All proposals shall be accompanied by a cashier's certi- fied check upon a national or state bank in the amount of five (5) percent of the total maximum bid price payable with- out recourse to The City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that bidder will enter into a contract and execute perform- ance and payment bonds within ten (10) days after notice of award of contract to him. The notice of award of contract shall be given by the Owner within thirty (30) days after the bid opening. The bid security must be enclosed in the same envelope with the bid. Bids without check or bid bond will not be considered. 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. The successful bidder must furnish performance bond and payment bond upon the forms which are available in the office of The City of Round Rock in the amount of one hundred (100) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of com- panies holding certificates of authority from the Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. Page 1 of 2 The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any infor- mality in bids received. Plans, specifications and bidding documents may be se- cured from the office of the Engineer, Haynie & Kallman, Inc., on deposit of twenty dollars ($20.00) per set, which sum so deposited will be refunded provided: (1) All docu- ments are returned in good condition to the Engineer not later than forty -eight (48) hours prior to the time for receiving bids; or (2) The Contractor submits a bid and all documents are returned in good condition to the Engineer not later than five (5) days after the time that bids are receiv- ed. Plans and specifications may be examined at the office of the Engineer, Haynie & Kallman, Inc., 2115 North Mays, Round Rock, Texas. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Engi- neer, Haynie & Kallman, Inc. and obtain clarification prior to submitting any bid. Prequalification Requirements: The bidder is to submit information regarding his qualifications with this bid in accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and regulat- ed by the State of Texas and the Federal Government. The improvements shall be completed within the number of calendar days bid on Page 2 of the Bid Proposal after notice to proceed from the Owner. Page 2 of 2 ADVERTISEMENT PROJECT TITLE: Box Culverts & Channel Improvements Deepwood Drive at Lake Creek OWNER: The City of Round Rock, Texas LOCATION: Round Rock, Texas TYPE: Reinforced Concrete Box Culvert BID BOND: 5% PERFORMANCE BOND: 100% PAYMENT BOND: 100% PLANS AVAILABLE: July 9, 1982 Haynie & Kallman, Inc. 2115 North Mays Round Rock, Texas 78664 Telephone - (512) 255 -7861 OPENING TIME: 2:00 P.M., July 16, 1982 OPENING PLACE: City Hall City of Round Rock 214 East Main Street Round Rock, Texas 78664 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed enve- lope addressed to: The City of Round Rock c/o Haynie & Kallman, Inc. 2115 North Mays Round Rock, Texas 78664 and shall be identified as follows: "BID FOR BOX CULVERT & CHANNEL IMPROVEMENTS - DEEPWOOD DRIVE AT LAKE CREEK to be opened at 2:00 p.m., Friday, July 16, 1982." A proposal will not be accepted unless prepared on the bid- ding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invit- ed to be present. Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its reflection. The complete proposal forms shall be without addition, alterations or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the Owner. DISQUALIFICATION OF BIDDERS More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all propo- sals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collu- sion will be considered in future proposals. 1 of 3 RETURN OF PROPOSAL GUARANTEES Within twenty -five (25) days after an award of the Contract, the Owner will return the proposal guarantees accompanying each of the proposals as are not considered in making the award. All other proposal guarantees will be held until the Contract has been finally executed. They will then be re- turned to the respective bidders whose proposals they accom- pany. AWARD OF CONTRACT - RESERVATION OF RIGHTS Contracts, if awarded, will be awarded to responsible bidders whose proposals comply with all the requirements prescribed. Awards, if made, will be made within thirty (30) calendar days after the opening of the proposals. The Owner reserves the right to reject any or all bid proposals, to accept the lowest responsible bidder's proposal, and to waive any infor- mality in any proposal. EXECUTION OF CONTRACT A bidder to whom award is made shall execute a written con- tract with the Owner on the form of agreement provided. Failure or refusal to enter into a contract as herein provid- ed, or to conform to any of the stipulated requirements in connection therewith shall be a just cause for the annulment of the award. If the successful bidder refuses or fails to execute the Contract, the Owner may award the Contract to second lowest responsible bidder. If the second lowest re- sponsible bidder refuses or fails to execute the Contract, the Owner may award the Contract to the third lowest respon- sible bidder. On the failure or refusal of such second and third lowest responsible bidder to execute the Contract, the work may be re- advertised. PROPOSAL GUARANTEE Each proposal shall be accompanied by a certified or cash- ier's check or bid bond in the amount of not less than 5% of the amount named in the proposal. Said check or bond shall be made payable to the Owner and shall be given as a guaran- tee that the bidder, if awarded the work, will enter into a contract within ten (10) days after the award and will fur- nish the necessary bonds as hereinafter provided. In case of refusal or failure to enter into said contract, the check or bond as the case may be, shall be forfeited to the Owner. No bidder's bond will be accepted unless it conforms substan- tially to the form furnished by the Owner, which is bound herein, and is properly filled out and executed. 2 of 3 PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name and his address shall be given; if it is made by a firm it shall be signed with the co- partnership name by a member of the firm, who shall sign his own name, and the name and address of each member shall be given; and if it is made by a corporation the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end each proposal shall be supported by a statement of the bidder's experience, on the form entitle "Information Required of Low Bidder ", bound herein. BIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefore. It will be assum- ed that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, qual- ity and quantity of materials to be furnished and as to the requirements of the Contract, Specifications and Drawings. ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such infor- mation in writing to Engineer, prior to 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Docu- ments. No other explanation or interpretation will be consi- dered official or binding. Should a bidder find discrepan- cies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to twenty -four (24) hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to in- clude any Addenda if such are issued by the Engineer prior to twenty -four (24) hours of the opening of bids. 3 of 3 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF BOX CULVERT & CHANNEL IMPROVEMENTS DEEPWOOD DRIVE AT LAKE CREEK IN ROUND ROCK, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has care- fully examined the form of contract, Notice to Contractors, inviting bids, conditions and classes of materials of the proposed work; and agrees that he will provide all the neces- sary labor, machinery tools, apparatus, and other items inci- dental to construction, and will do all the work and furnish all the materials called for in the contract and specifica- tion in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether in- creased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifica- tions. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within ten (10) days after written Notice to Proceed has been given. Page 1 of 6 ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the foregoing bid items are the only items of payment under this contract and that his bid price under these items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the plans, specifications, and con- tract documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location of the proposed work, the plan drawings, specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the work in 90 calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reser- ves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the inter- est of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following adden- da: Addendum No. Dated Page 2 of 6 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by: Name o Contractor O ecuted by (Signature) 71" Busines Address &ND (Seal if Bid is by a Corporation.) ATTEST: y State Page 3 of 6 DET(e i- y / G /9d2 itle or Position Telephone Number 7,a Zip PROPOSAL BIDDING SHEET JOB NAME: BOX CULVERT & CHANNEL IMPROVEMENTS JOB LOCATION: DEEPW00D DRIVE AT LAKE CREEK, ROUND ROCK, TEXAS OWNER: CITY OF ROUND ROCK, TEXAS Gentlemen: Pursuant to the foregoing Advertisement for Bids and Instructions to Bid- ders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insur- ance and miscellaneous items, to complete all the work on which he bids as pro- vided by the attached supplemental specifications, and as shown on the plans for the construction of Box Culvert & Channel Improvements - Deepwood Drive at Lake Creek, and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: Bid Item Description Item Quantity Unit and Written Unit Price BASE BID 1 L.S. Channel Excavation, Dredging and Cleaning, complete in place, per lump sum for/ 6o{asaNe> Dollars and 44 Cents $ ?i,444,0 $ ?j00 2. 350 S.Y. Removal of existing concrete rip rap, complete in place, per square yard for /6i/E/14 - 7 Dollars and / A/r.) Cents $ 2'Z e0 $ 71ODDO 3. 170 S.Y. 6" Thick Class "C" Reinforced Con- crete Approach Slab, complete in place, per square yard for and ado Unit Price Page 4 of 6 Dollars Cents s3S, 4O Amount $4,.1GQo 4. 340 C.Y. Structural Backfill Material, Com- pacted, complete in place, per cubic yard forgrA/ Dollars ' �pp / andd'"'"�"``"' Na Cents $, /�I.00 $YCj Bid Item Description Item Quantity Unit and Written Unit Price 5. 1 L.S. 4 each - 10' x 7' Class "C" Rein- forced Concrete Box Culverts, in- cluding Wingwalls and Structural Excavation, complete in place, per lump sum ,yc�/ �f o T y . SEVE,✓ /✓!Or/i iYi Do //R/D.�EO and „/e, Cents $g7 0 O° $ s 6. 50 Ea. Guard Posts, including 4 end posts, and removal of existing posts, com- plete in place, per each for and 90,e f/ /! /✓v Dollars Cents TOTAL - BASE BID (ITEMS 1 thru 6) ADD ALTERNATE A -1 50.2 C.Y. Reinforced Concrete, Class "C ", for One Additional 10' x 7' Barrel, in- cluding Structural Excavation, com- plete in place per cubic yard Unit Price Amount $ fq Ao $ z f�.�D,00 s96, 724,0 and'b(�0 �/IeE/2 j1/4/5/ Dollars Cents $290.00 v '.ssAf Qo A -2 100.4 C.Y. Reinforced Concrete, Class "C ", for Two Additional 10' x 7' Barrels, including Structural Excavation, complete in place, per cubic yard and /1/o if/4/h/ Dollars $ /1/o ,290, B -1 OPTION B (7 each 10' x 8' Box Culverts) 1 L.S. Channel Excavation, Dredging and Cleaning, complete in place, per lump sum for F R / pos,4AIA Dollars and A /0 Page 5 of 6 $2// Cents s/ $/ c" Bid Item Quantity Unit B -2 715 S.Y. Removal of Existing Concrete Rip Rap, complete in place, per square yard for *-1A1( Dollars / /// and F4�r,/ �� vc Cents $ � r�� $/` 9o77c B -3 170 S.Y. 6" Thick Class "C" Reinforced Con- crete Approach Slab, complete in place, per square yard for ',//:0 _ t Dollars `/ o and t.}h� / /Q 77 Cents $ ?3, 13-4 340 C.Y. Structural Backfill Material, Com- pacted, complete in place, per cubic yard for .2E✓E/✓12.'F!✓ Dollars and y Cents $ / $S7�/J. ono B -5 1 L.S. 7 Each - 10' x 8' Class "C" Rein- forced Concrete Box Culverts, in- cluding Structural Excavation and Wingwalls, complete in place, per lump sum , ,4 NO 7i ✓4 Mous or Dollars and No Cents B -6 50 Ea. Guard Posts, including 4 end posts, and removal of existing posts, com- plete in place, per each for 9:9,, y �ll Dollars and / h / o Cents $ 6./70 $4 TA469 Item Description and Written Unit Price TOTAL - OPTION B (ITEMS B -1 thru B -6) Page 6 of 6 Unit Price Amount Vac °- $/& GYI2 Oo AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON 1 That this Agreement made and entered into this 20th day of August, A.D., 1982, by and between the CITY OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter termed the OWNER, and McKOWN BRIDGE COMPANY, of the City of Round Rock, County of Williamson, State of Texas, Second Party, hereinafter termed the CONTRACTOR. WITNESSETH: That for and in consideration of the pay- ments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the First Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated July 16, 1982, for certain improvements described as follows; BOX CULVERT & CHANNEL IMPROVEMENTS - DEEPWOOD DRIVE AT LAKE CREEK The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all re- quirements of this Agreement, the General and Special Condi- tions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 10 consecutive calendar days after written notice to proceed has been given and shall cause work to pro- gress in a manner satisfactory to the Owner. Such work shall be completed in full within 90 consecutive calendar days after Notice to Proceed has been given. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deduc- tions, all as provided in the General Conditions of the Agreement. Page 1 of 2 AGREEMENT (Continued) The following documents, together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: ATTEST: Notice to Contractors Instructions to Bidders Proposal and Bidding Sheets Performance & Payment Bonds General Conditions of Agreement IN WITNESS WHEREOF the Parties executed this Agreement in the year written. C� y Secretary ATTEST: CITY OF ROU ROCK � OWNER By Page 2 of 2 Special Conditions of Agreement Technical Specifications Addenda Change Orders Plans to these presents have and day first above M McKOWN BR DGE COMPANY, CONTRA . 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS 1 PERFORMANCE BOND COUNTY OF Williamson KNOW ALL MEN BY THESE PRESENTS, THAT McKown Bridge Company of the City of Round Rock 'County of Williamson , and State of Texas as principal, and Associated Indemnity Corporation authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Round Rock, Texas (OWNER), One Hundred Forty Eight Thousand Six in the penal sum of Hundred Forty Eight & 75/100 Dollars ($ 148,648.75 ) for the payment whereof, 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 20th day of August 1982, 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. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Con- tract 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, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PB -1 1 1 1 1 1 1 1 1 I.1 1 1 r1 PROVIDED, HOWEVER, that this bond provisions of Article 5160 of the Texas as amended and all liabilit determined in accordance with the to the same extent as if it were 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 20th day of August 1982. McKown Brid Princip By Title Com.an Associated Indemnity Corporation Su ety Add s 40 i J Address 3333 California Street The name and address of the Resident Agent of Surety is: Frank Siddons Insurance, P.O. Box 2125, Austin, Texas 78768 PB -2 is executed pursuant to the Revised Civil Statutes of ies on this bond shall be provisions of said Article copied at length herein. Jeannie Van Bibber Tr Title ATTY -IN -FACT San Francisco, Calif. 94118 1 ' 1 1 1 1 1 1 1 1 1 1 1I 11 .1 r1 THE STATE OF TEXAS COUNTY OF Williamson - 'County of Williamson PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT McKown Bridge Company , of the City of Round Rock • and State of Texas as principal, and Associated Indemnity Corporation authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Round Rock, Texas (OWNER), One Hundred Forty Eight Thousand Six in the penal sum of Hundred Forty Eight & 75/100 Dollars ($ 148,648.75 ) for the payment whereof, 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 20th day of August 19 82, 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. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecu- tion of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PB -3 1 . 1 1 1 1 1 1 1 .1 .1 1 Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be cletermined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 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 20th day of August 1982. McKown Bridge Company Su e t ._ :- . .:;� eannie Ian Title ATTY -IN -FACT Address 3333 California Street n Francisco, Calif. 94118 Prince Lt ' ��,.� _. /. .1!/ Title Addres /Z r A A! i /, ..l ice. The name and address of the Resident Agent of Surety is: Frank Siddons Insurance, P.O. Box 2125, Austin, Texas 78768 PB -4 Associated Indemnitv•Corporation GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That ASSOCIATED INDEMNITY CORPORATION, a Corporation duly organized and existing under the laws of the State of California. and having its principal office in the City and County of San Francisco, California. has made. constituted and appointed. and does by these presents make, constitute and appoint R. F. SIDDONS, JR., ROBERT C. SIDDONS, STEVEN B. SIDDONS, ROBERT C. FRICKE, BETTY TURNER and JEANNIE VAN BIBBER AUSTIN TX jointly or severally its true and r lawful Attorney(s) -in -Fact. with full power and authority hereby conferred in its name. place and stead, to execute, seal, acknowledge and deliver any and all bonds. undertakings, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Atlorneyts) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By -laws of ASSOCIATED INDEMNITY CORPORATION now in full force and effect. "Article VIII, Appointment and Authority Assistant secretaries. and Attorney -in -Fact and Agents to accept Legal Process and Make Appearances. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice- President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice - President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of ASSOCIATED INDEMNITY CORPORATION at a meeting duly called and held on the 16th day of September. 1966, and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney, or on any certificate relating thereto. by facsimile. and any power of attorney, any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, ASSOCIATED INDEMNITY CORPORATION has caused these presents to be signed by its Vice - President. and its corporate seal to be hereunto affixed this 12th day of Ju 1 Y CITY AND COUNTY OF SAN FRANCISCO On this 12th day of July 19 82 before me personally came Richard Williams to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of ASSOCIATED INDEMNITY CORPORATION, the Cor- poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written. musslumurum E i mam STATE OF CALIFORNIA. NNINIm numg OFFICIAL SEAL SUSIE K. GILBERT NOTARY PUBLIC • CALIFORNIA "f: CRY $ COUNTY Of SAN FRANCISCO My Commission Expires Nov. 17, 1984E ulna ASSOCIATED INDEMNITY CORPORATION J By CERTIFICATE 19 82 ASSOCIATED INDEMNITY CORPORATION Vice- Preddem Nowt' Public STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Resident Assistant Secretary of ASSOCIATED INDEMNITY CORPORATION, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article Vlll, Sections 30 and 31 of the By -laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. 360711- AS-5-B1 Signed and sealed at the City and County of San Francisco. Dated the (9 O day of Resident Assistant Secretary , 19 TYNE OF INSURANCE POLICY NO. EFFECrIVF DATE EXPIRATION DATE LIMITS OF LIABILITY Workmen's Compensation C5 21133260 t 3 -25 -82 3 -25 -83 Statutory, State of Texas, $ 100 Employer's Liability Comprehensive General Liability Includes Contractual X Liability 31, 1466254C 3 -25 -82 3 -25 -83 Bodily Injury $ 300 each person $ 300 each accident Property Damage $ 100 each accident Covers Independent X Contractors $ 100 aggregate Owner's Protective GL 1466254 3 - 25 - 82 3 - 25 - 83 Bodily Injury $ 300 each person $ 300 each accident Property Damage $ 100 each accident $ 100 aggregate Comprehensive Automobile Liability Owned X Vehicles 404662539 3 -25-82 3 -25 -83 Bodily Injury $ 250 each person $ SUU each accident Property Damage $ lnn each accident Hired X Vehicles Non -owned X Vehicles Includes Contractual x Liability 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TO: City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFICATE OF INSURANCE Date: 8 -20 -82 Description of Work: Box Culvert & channel Improvement THIS IS TO CERTIFY THAT McKown Bridge Company is, at the date of this certificate, insured by this company with respect to the business opera- tions hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further here- inafter described. Exceptions to standard policies are noted on the reverse side hereof. The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten days after the insured has received written notice of such change or cancel- lation. This Certificate of Insurance neither affirmatively or negatively amends, ex- tends, or alters the coverage afforded by policy or policies indicated by this certificate. National Standard Insurance Campany (Name of Insurpa!9 Frank SI Insura By: ( Title: Frank Siddons Insurance: Agent Address TO Box 2125 Page 2 of 2 Austin, Texas 78768 The low bidder is required to supply the following informa- tion. Additional sheets may be attached if necessary. (1) Name McKown Bridge Company (2) Address .'(3) Phone Number (4) Type of firm: ( ) Individual, ( ) Partnership, ( X) Corporation (5) Corporation organized under the laws of the State of TPXA4 (6) List the names and address of all members of the firm or names and titles of all officers of the corporation:. B.A. McKown President Curtis E. Seelig VirP President Janelle McKown Sec. - Treas. (7) Number of years experience (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner $ 4.115 000.Q0- Bridges 7/82 State of Texas $ 1.846.009.00 - Bridges 3/82 State of Texas ■ $ 1.057,000.00 - Bridges 5/82 State of Texas (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in ex- cess of one -half (1/2) of one percent (1 %) of the total bid price and indicate what part of the work will be done by each such subcontractor: Name Address Work to be Performed None INFORMATION REQUIRED OF LOW BIDDER P.O. Box 765 Round Rock. Texas 78664 512 - 255 -2519 Page 1 of 2 30 years (10) Payment of taxes, in the State of Texas Yes X No (11) If requested by the Owner, the Low Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently compre- hensive to permit an appraisal of his current financial conditions. Page 2 of 2 GENERAL CONDITIONS OF AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1. DEFINITIONS 1 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 4 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 5 2.08 Royalties and Patents 5 2.09 Keeping of Plans and Specifications Accessible 5 2.10 Discrepancies and Omissions 5 2.11 Contractor's Understanding 5 2.12 Extra Work 6 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 8 2.16 Owner's Status 8 2.17 Completed Portions of Work 8 2.18 Materials 8 2.19 Receiving and Storage of Materials 8 2.20 "Or Equal" Clause 8 2.21 Completed Work 9 2.22 Materials Furnished by the Owner 9 2.23 Protection of Property 9 2.24 Shelters for Workmen and Materials 9 2.25 Sanitary Facilities 10 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES . . . 10 3.01 Labor, Equipment, Materials and Construction Plant 10 3.02 Performance and Payment Bonds 10 3.03 Contractor's Ability to Perform 11 3.04 Superintendence and Inspection 11 3.05 Character of Employees 11 3.06 Contractor's Duty to Protect Persons and Property 11 3.07 Safety Codes 12 3.08 Barricades 12 3.09 Minimum Wages 12 3.10 Unsuitable Work or Materials 12 3.11 No Waiver of Contractor's Obligation . . . 13 3.12 Site Clean Up 13 3.13 Guarantee 14 (CONTENTS CONTINUED) Page 4. OWNER'S OBLIGATIONS AND REPONSIBILITIES 14 4.01 Lines and Grades 14 4.02 Right of Entry 14 4.03 Owner's Inspectors 14 4.04 Collateral Work 15 4.05 Right -of -Way 15 4.06 Adequacy of Design 15 5. SCHEDULING AND PROGRESS OF WORK 15 5.01 Order and Prosecution of the Work 15 5.02 Rate of Progress 16 5.03 Sunday, Holiday, and Night Work 16 5.04 Hindrances and Delays 16 5.05 Extensions of Time . . . . . . . . . . 17 5.06 Liquidated Damages for Failure to Complete on Time 17 6. INDEMNITY 18 6.01 Contractor's Indemnity Provision 18 6.02 Workmen's Compensation Insurance 18 6.03 Comprehensive General Liability Insurance . 18 6.04 Owner's Protective Insurance 19 6.05 Comprehensive Automobile Liability Insurance 19 6.06 Insurance Certificate 19 7. TERMINATION OF CONTRACT 20 7.01 Right of Owner to Terminate 20 7.02 Right of Contractor to Terminate 20 7.03 Removal of Equipment 20 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 20 8.01 Notification of Contractor 20 8.02 Retention of Contractor's Equipment and Materials by Owner 21 8.03 Methods of Completing the Work 21 8.04 Final Acceptance 22 8.05 Disposition of Contractor's Equipment . . . 22 9. MEASUREMENT AND PAYMENT 23 9.01 Character of Measurements 23 9.02 Estimated vs. Actual Quantities 23 9.03 Payment 24 9.04 Monthly Estimates and Payments 24 9.05 Certificates of Completion 24 9.06 Final Estimate and Payment 25 9.07 Notarized Affidavit 25 9.08 Release of Liability 25 9.09 Contractor's Obligation 26 9.10 Payments Withheld 26 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT 1.01 Calendar Day. A calendar day shall be the 24 hour period from one midnight to the next consecutive mid- night. 1.02 Contract Documents. The Contract Documents shall con- sist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance and Payment Bonds; the Gen- eral Conditions of the Agreement; the Special Condi- tions of the Agreement; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complemen- tary, 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: Sign- ed Agreement, Performance and Payment Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business or- ganization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representa- tives. 1.04 Engineer. "Engineer" shall mean Haynie 5 Kallman, Inc., or such other Engineer, supervisor, or inspector who has been designated, appointed, or otherwise em- ployed or delegated by the Owner for this work, or their duly authorized agents, such agents acting with- in the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. -1- 1.06 Owner. "Owner" shall mean the City of Round Rock, Texas, named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. 1.07 Plans. "Plans" shall mean and include (a) all draw- ings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engi- neer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted by the Contrac- tor to the Owner when and as approved by the Engi- neer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepar- ed by the Owner as a basis for proposals, (b) all sup- plementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, how- ever, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially com- pleted" shall mean that the structure or facility has been made suitable for use is in condition to serve its intended purpose, but still may require minor mis- cellaneous work and adjustments. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be fur- nished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the prin- cipal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. -2- 1.13 Written Notice. "Written notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if de- livered at or sent by certified or registered mail to the last business address known to him who gives the notice. 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litiga- tion it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Con- tract; that he shall determine all questions in rela- tion to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and find- ings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided, how- ever, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the Con- tractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress re- quired under. this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. -3- 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or altera- tions 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. If they increase the amount of work and the increased 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 established for such work under this Con- tract; otherwise such work shall be paid for as pro- vided under Section 2.12 "Extra Work". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in prepa- ration for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage aris- ing out of the nature of the work to be done or from the action of the elements or from any unforeseen cir- cumstances in the prosecution of the work or from unu- sual obstructions or difficulties which may be encoun- tered in the prosecution of the work shall be sustain- ed and borne by the Contractor at his own cost and expense. 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which -4- in any manner affect the Contract or the work and shall indemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his em- ployees or his subcontractors and their employees. 2.07 Licenses, Permits and Certificates. Except as herein- after stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is re- quired such permit will be obtained by the Owner at no cost to the Contractor. 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented inven- tion used by him in connection with the work done or material furnished under this Contract; provided, how- ever, that if any patented material, machinery, appli- ance, or invention is clearly specified in this Con- tract, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Kee•in• of Plans and S•ecifications Accessible. The Engineer shall furnish the Contractor with three (3) sets of executed Plans and Specifications without ex- pense to him, and the Contractor shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 2.10 Discrepancies and Omissions. 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 ac- cordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation de- fined 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, Specifica- tions or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examina- tion, satisfied himself as to the nature and location -5- of the work, the conformation of the ground, the char- acter, quality and quantity of the materials to be en- countered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversa- tion with any officer, agent, or employee of the Own- er, either before or after the execution of this Con- tract, shall affect or modify any of the terms or ob- ligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifica- tions and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. 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, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should e difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compen- sation to be paid the Contractor for performing extra work shall be determined by one or more of the follow- ing methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or -6- Method "C " - If neither Method "A " or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15 %. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, crafts- men, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges neces- sarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expens- es; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional pre- miums for construction bonds, workmen's compensation, public liability and property damage, and other insur- ance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs " shall be kept and may also speci- fy in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equip- ment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superinten- dence. 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Owner, nor shall he assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to -7- become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully re- sponsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon writ- ten notice from the Owner. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any sub- contractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not com- pleted in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to -8- the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Con- tract Documents. 2.21 Completed Work. The Contractor shall maintain contin- uous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign ele- ments. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamina- tion of such materials that must be maintained and in- corporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utili- ties. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belong- ing to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not he entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be main- tained in a manner satisfactory to the Engineer. -9- 2.25 Sanitary Facilities. Necessary sanitary toilet facil- ities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equip- ment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protec- tion of any material, tools, or machinery on any part of the work until it is finally completed and accept- ed. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or fur- nishing him any equipment in the execution of the Con- tract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the per- formance and payment bonds shall be acceptable accord- ing to the latest list of companies holding certifi- cates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. -10- 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment in- ventory and records showing the satisfactory comple- tion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 "Termination of Con- tract", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a compe- tent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superinten- dent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervi- sion of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to em- ploy only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub -stan- dard character by reason of carelessness, incompe- tence, or inexperience on the part of the workers the installation of such work shall be immediately sus- pended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking rea- sonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in anyway connected with the performance of this Con- tract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the per- formance of this Contract unless necessary to its per- formance, and in that event the Contractor shall pro- vide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be nondeleg- able, and the Contractor's compliance with the speci- fic recommendations and requirements of the Owner as to the means of warning shall not excuse the Contrac- tor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, and Muni- cipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America ex- cept where incompatible with Federal, State, or Muni- cipal laws or regulations. 3.08 Barricades. When barricades are used to satisfy safety requirements, such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established pre- vailing wage scale for work of a similar character in this locality. A scale of prevailing wages is includ- ed in the Special Conditions of these Contract Docu- ments. The Contractor shall pay not less than the general prevailing wages shown on said scale and shall keep accurate wages records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice thereof from the Contracting Officer, -12-- forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be de- ducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or inspector shall have no 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, supervisor, or inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however that the Engineer, supervisor, or inspector shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been ac- cepted by the Engineer, supervisor, or inspector such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet the specifications for the 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 accor- dance with the specifications for said work, all ex- pense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the ex- pense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 Site Clean Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction per- iod. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or con- duits, shall tear down and remove all temporary struc- tures built by him, shall remove all rubbish of every -13- kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of 12 months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judg- ment of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contrac- tor's expense; provided, however, that in case of an emergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever neces- sary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Con- tractor, and in case of careless destruction or remov- al by him or his employees such stakes, marks, etc. shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or loca- tion on which the work herein contracted are being constructed or installed for the purpose of supervis- ing and inspecting the work or for the purpose of con- structing or installing such collateral work as the Owner may desire. 4.03 Owner's Inspectors. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervi- sors, or inspectors as the said Owner may deem neces- sary to inspect the material furnished and the work -14- done under this Contract, to see that the said mater- ial is furnished, and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and in- structions of the Engineer, supervisors, or inspectors so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to pro- vide all labor and material essential to the comple- tion of work that is not included in this Contract either by a separate contract or otherwise. Any col- lateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the pro- gress of the work being accomplished under this Con- tract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 Right -of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. 4.06 Adequacy of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, suffi- ciency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has com- plied with the requirements of the said Contract Docu- ments, all approved modifications thereof, and addi- tions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has com- plied with the said requirements of the Contract Docu- ments, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. 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 sea- sons in such order of precedence and in such manner as shall be most conducive to economy of construction; -15- provided however, that the order and time of prosecu- tion shall be such that the work shall be substantial- ly completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the ele- ments or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engi- neer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to in- crease or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Con- tractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday, and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engi- neer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not com- plying with the plans and specifications or the intent thereof, the Contractor shall have no claim for dam- ages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judg- ment of the Engineer occurred as a result of the work stoppage. -16- Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or per- sonnel, or where the Engineer determines that unrea- sonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspend- ed until he shall have provided adequate plant, equip- ment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neg- lect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as deter- mined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of 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 con- tracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanent- ly from the Contractor's total compensation, not as a penalty but as liquidated damages, the sum per day given in the following schedule: Amount of Liquidated Amount of Contract Damages Per Day Less than $ 5,000.00 $ 30.00 $ 5,001.00 to $ 15,000.00 35.00 15,001.00 to 25,000.00 40.00 25,001.00 to 50,000.00 50.00 50,001.00 to 100,000.00 70.00 100,001.00 to 500,000.00 200.00 500,001.00 to 1,000,000.00 300.00 1,000,001.00 to 2,000,000.00 400.00 2,000,001.00 to 5,000,000.00 500.00 -17- 6. INDEMNITY 6.01 Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Con- tract, the Contractor shall indemnity and save harm- less the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, and ex- penses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or alleg- edly caused, by any willful acts, negligence, nui- sance, or breach of any term or condition of this Con- tract by the Contractor, his agents, servants, subcon- tractors, or employees. The Contractor shall further- more indemnify and save harmless the Owner and the Owner's agents and employees from all demands of sub- contractors, workers, material persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontrac- tors or their employees and subcontractors shall be restored to its condition prior to damage by the Con- tractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employ- ees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall fur- nish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcon- tractors' compliance with said statute. 6.03 Comprehensive General Liability Insurance. The Con- tractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Com- prehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability -18- of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The lia- bility coverage under this policy shall cover Indepen- dent Contractors. Liability limits for the Comprehen- sive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been com- pleted and accepted by the Owner, an Owner's and Con- tractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liabil- ity Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Con- tract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whe- ther they are owned, non- owned, or hired by the Con- tractor, in which shall specifically insure contrac- tual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehen- sive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 each accident 6.06 Insurance Certificate. In connection with the insur- ance coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given 10 days advance written notice before any provisions -19- of the policies are changed or in the event said poli- cies shall be cancelled. This Certificate of Insur- ance shall be provided to the Owner prior to starting any construction work in connection with this Con- tract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resourc- es or remedy give the Contractor written notice of termination of the employment of the Contractor 10 days subsequent to such notice. Immediately following such date the Owner may take possession of the site of the work and all material, equipment, tools, and ap- pliances thereon and may finish the work in accordance with the provisions of Section 8 "Abandonment of Con- tract by Contractor ", of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substan- tially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon 10 days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within 10 days after receipt of the notice. Should he fail to do so within 10 days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to refuse to resume work within 10 -20- days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as hav- ing abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the per- formance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connec- tion with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settle- ment. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for com- pletion hereinbefore provided within 10 days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of work- ers and use such machinery, equipment, tools, mat- erials, and supplies as said Owner may deem neces- sary to complete the work and charge the expense of such labor, machinery, equipment, tools, mater- ials, and supplies to said Contractor, and the ex- pense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contrac- tor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Con- tractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same -21- had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after 14 days notice published two or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contrac- tor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter pro- vided 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 Contrac- tor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said state- ment within 15 days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to com- plete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machin- ery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Con- tractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there re- mains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof to- gether 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 -22- Contract; provided, however, that actual written notice given in any manner will satisfy this condi- tion. After mailing or other giving of such notice such property shall be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After 15 days from the date of said notice the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either pub- lic or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise spe- cifically provided. 9.02 Estimated vs. Actual Quantities. Any and all estimat- ed quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quan- tity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as 25 percent more than or 25 percent less than the esti- mated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of -23- the work above or below 25 percent of the estimated quantity prior to initiating work or furnishing mater- ials for the overrun or underrun quantities. Such re- vised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03Pay�ment. In consideration of the furnishing of all the e necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all mater- ial embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, 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 Contract, the attached specifications, and requirements of the Engineer. 9.04 Monthly Estimates and Payments. On or about the fifth day of each month the Engineer will make an approxi- mate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Con- tractor 90 percent of the amount of such estimated sum on or before the 15th day of said month. It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommen- dation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accor- dance with the plans, specifications and Contract. If -24- so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final accep- tance of the work covered under this Contract. 9.06 Final Estimate and Payment. After the Contract Com- pletion Certificate has been issued the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnish- ed under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. The Owner shall pay the Contractor within 15 days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically under- stood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required by Section 9.07 en- titled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payments shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake, it is agreed that all estimates, when approved by the Owner, shall be conclusive evidence of the work done and materials furnished. 9.07 Notarized Affidavit. Before final payment for the work by the Owner the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company con- sents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contrac- tor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any per- son relating to or affecting the work. -25- 9.09 Contractor's Obligation. Neither the Contract Comple- tion Certificate nor the final payment nor any provi- sion in the Contract Documents shall relieve the Con- tractor of the obligation for fulfillment of any war- ranty which may be required in the Contract Docu- ments. 9.10 Payments Withheld. The Owner may, on account of sub- sequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments proper- ly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. -26- SPECIAL CONDITIONS OF AGREEMENT PRIORITY OF INTERPRETATION Refer to General Conditions of Agreement, Page 1, Paragraph 1.02 - Contract Documents. ENGINEER AND OWNER DEFINED The plans and contract documents for this project have been prepared by Haynie & Kallman, Inc., as the ENGINEER. The OWNER is The City of Round Rock, Texas. INSPECTION The construction of this project is subject to the inspection and acceptance of Haynie & Kallman, Inc., Consulting Engi- neers and the City of Round Rock, Texas. PERMITS Development Permits applicable to this project, if required, have been secured by the Owner and the number and date are shown on the plans and cover of these specifications. The Contractor will be required to secure any additional permits necessary for work on or off the Owner's property at no addi- tional cost to the Owner. CONSTRUCTION STAKING SUB - SURFACE EXPLORATION SPECIAL CONDITIONS OF AGREEMENT The Engineer will provide stakes for alignment and grade for the purposes of construction of this project. Property Line Stakes - The Contractor shall be responsible for preserving or replacing all of the existing pin and marker stakes. Replacement of Stakes - Construction stakes or property pins and markers that have been destroyed shall be replaced by a qualified Registered Public Surveyor or Professional Engineer at the Contractor's expense before final payment. It is not represented that plans show all existing sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures though attempts were made to show existing items based on available records S -1 and visual observations. Determine location of these instal- lations in the way of construction by referring to available records, consulting appropriate municipal department and utility owners, and by making necessary exploration and exca- vations. The Contractor shall repair at his expense and assume all responsibility for any utilities or structures damaged by Contractor on this Project. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on plans, present obstructions to grade and alignment, immediately notify the Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Neither Owner nor Engineer will be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. PROTECTION AND REPLACEMENT OF PROPERTY Where necessary to take down fences, signs, or other obstruc- tions, replace in their original or better condition and re- store damaged property including pavement or make satisfac- tory restitution, at no cost to the Owner. LIQUIDATED DAMAGES Upon execution of the contract by the Owner, it shall become an obligation of the Contractor to complete all work in this contract within the number of calendar days specified in the Proposal, the reckoning of such time shall start from the date of the Notice to Proceed. The parties hereto agree that time is of the essence on this contract, and the pecuniary damages which would be suffered by the Owner if the Contractor should not complete all work included in the contract within the number of calendar days in which he agrees to complete such work, are in their nature difficult of ascertainment, and it is therefore expressly agreed, as a part of other considerations of the contract, that the Contractor shall pay to the Owner, or allow the Owner to deduct from the final payment otherwise payable to the Contractor, a sum equal to one hundred dollars ($100.00) per day for each and every calendar day beyond the agreed number which the Contractor shall require for the completion of all work included in the contract. It being expressly understood that the above named sum per day is suffered or sustained by the Owner in the event that said work S -2 is not completed within the agreed time. It is understood that the said sum shall be considered as liquidated damages and shall in no sense be considered as a penalty against the Contractor. No extra compensation shall be made to the Con- tractor for completing his work in less time than indicated in his bid proposal. Any requests for time extension shall be made in writing by the Contractor to the Engineer, and the Engineer shall upon its receipt determine if the delay is valid, not through any fault of the Contractor, and make recommendations to the Owner for his consideration of the acceptance of the time extension. FINAL COMPLETION AND ACCEPTANCE It is understood and agreed that the Engineer and the Owner shall not be required to issue a Certificate of Completion until and unless all work for this project is made acceptable to the City of Round Rock. TESTING OF MATERIALS Testing of all materials to be incorporated into the project will be made as directed by the Inspector at the expense of the Contractor. The testing laboratory will be designated by the Contractor and approved by the Engineer and all materials must meet the specification requirements. Tests will be re- viewed and approved by the Inspector at each stage of con- struction prior to proceeding to the next construction stage. FINAL CLEAN -UP The Contractor shall leave the construction site and adjacent areas in the same condition and to the same grade provided him upon the inauguration of this project. Excavated mater- ials become the responsibility of the Contractor for disposal at no additional cost to the Owner. COPIES OF PLANS AND SPECIFICATIONS The Contractor will be supplied with three (3) sets of Plans and Specifications for this project. Additional sets may be obtained from the Engineer at commercial reproduction rates plus 15% for handling. "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings. Upon completion of the S -3 project and prior to final acceptance and payment, the Con- tractor shall deliver this correctly marked set of drawings to the Engineer. GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a period of one (1) year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. STRUCTURAL BACKFILL Item 401 of the Technical Specifications is hereby amended to exclude select borrow. The Contractor may at his option use either crushed limestone base compacted in 6" lifts to 95% proctor density, or cement stabilized sand. LIMITS OF REMOVAL OF EXISTING RIP RAP Payment for Item 2 (or B -2), Removal of Existing Rip Rap, shall be for the quantity indicated in the Proposal. There will be no separate pay for concrete removed beyond the limits shown on the Plan. S -4 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS CITY OF AUSTIN SPECIFICATIONS ADOPTED BY REFERENCE UNDER SEPARATE DOCUMENT The current City of Austin "Standard Specifications for Public Works Construction" and "Water & Wastewater Construc- tion Specifications" are incorporated into this project by reference 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 Specifica- tions, it shall be construed to mean the City of Round Rock. Following is an index of the specification items from the "Standard Specifications for Public Works Construction" that apply specifically to this project: 132 Embankment 210 Flexible Base (Crushed Stone) 230 Rolling (Flat Wheel) 232 Rolling (Pneumatic Tire) 234 Rolling (Tamping) 236 Rolling (Proof) 360 Concrete Pavement 401 Structural Excavation and Backfill 403 Concrete for Structures 405 Concrete Admixtures 406 Reinforced Steel 407 Welded Wire Fabric 408 Expansion Joint Materials 409 Membrane Curing 410 Concrete Structures 710 Detour Markers, Signs and Barricades