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R-82-478 - 9/23/1982
4. TEXAS City a contract with ATTEST: J ANNE LAND, City Secretary RESOLUTION NO. `71 /1'R WHEREAS, the City has duly advertised for bids for the sealcoating of certain City streets, and WHEREAS, _ , submitted the lowest and best bid, said bid being in the amount of X 53, 360 , and WHEREAS, the Council wishes to accept the bid of d i /,//�2;a q�(,CCr , and to enter into a contract for the construction of said improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the bid of A , is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the d 7 v afAt sealcoating of certain City streets. RESOLVED this 02,3 day of AO MM. £ LAY SNN, Mayor City of Round Rock, Texas 1982. , for the CITY OF ROUND ROCK STREET SEALCOATING SPECIFICATIONS AND CONTRACT DOCUMENTS SEPTEMBER, 1982 Sealed proposals addressed to the City Manager, City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, for sealcoating approximately 116,000 S.Y. of street surfaces in the City of Round Rock, as described in the Specifications, will be received until 10:00 a.m. September 21, 1982, and then publicly opened and read aloud. Instructions to Bidders, Specifications, Contract Documents, and Proposal Forms may be obtained without charge from the Director of Public Works in Round Rock City Hall. Bids must be submitted on City of Round Rock Proposal Forms and must be accompanied by an acceptable bid security equal to five percent (5 %) of the total amount bid. The successful bidder will be expected to execute the standard con- tract prepared by the City of Round Rock and to furnish performance and payment bonds, each in the amount of one - hundred percent (100 %) of the total bid. Award of the contract will be made within thirty (30) days after bid opening. Issued this the 2nd day of September, 1982. Publish September 6, 9, 13, & 16 CITY OF ROUND ROCK INVITATION TO BIDDERS Joanne Land City Secretary INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to reado hesplans, specifications, proposal, contract and bond forms carefully; site of the work; to inform themselves by their independent research, tests and investigations of the difficulties to be encountered and judge for them- selves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its comple- tion; and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, speci- fications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a cashier's check upon a National or State Bank in an amount not less than five per cent (5 %) of the total maxi- mum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Pro - posal guarantees must be submitted in the same sealed envelope with the pro- posal. Proposals submitted without check or bid bond will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the successful bidder which the City of Round Rock will hold until the successful bidder has executed the contract. Thereafter, the security of the successful bidder will be returned. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9 In case of ambiguity or lack of clearness in stating the prices in the bids, the City of Round Rock reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the Contract will be made within 30 days after opening of the pro- posals, and no bidder may withdraw his proposal within said 30 -day period of time-unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a satisfactory performance bond in the amount of one - hundred per cent (100 %) of the total contract price and a satisfactory payment bond in such amount, both duly executed by such bidder - as principal and by a corporate surety duly authorized to so act under the laws of the State of Texas and Surety. 12. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the surety bond as required shall be just cause for the annulment of the award. In case of the annul- ment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 13. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 14. The contractor shall not commence work under this contract until he has furnished certification of all insurance required and such insurance has been approved by the City of Round Rock, nor shall the Contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance required of the subcontractor has been furnished and approved. 15. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and /or material furnished. 16. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which qualified for exemption pursuant to the provisions of Article 20.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this con- tract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate com- plying with State Comptroller's ruling #95 -0.07. Any such exemption certifi- cate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effec- tive July 1, 1971. City of Round Rock, Texas 214 E. Main Street Round Rock, Texas 78664 Gentlemen: CONTRACTOR'S PROPOSAL 10:00 A.M. September 21, 1982 Pursuant to the Invitation and Instructions to Bidders for certain public works described as 1982 Street Sealcoat Program , the undersigned hereby proposes to furnish all labor, superintendence, equipment, materials, insurance and incidentals required to perform the work in accordance with the attached specifications for the following prices: Work Description and Unit Total Quantity Unit Written Unit Price Price Amount 116,000 S.Y. Complete sealcoating Operation including street surface pre- paration, asphalt application, aggregate spreading and rolling, sweeping and miscellaneous work as specificed, for the unit price of ao dollars and -F,.,:t, -s4 cents per s.y. $ A.10 5)1-- WI -'SIUD Telephone Bidder acknowledges receipt of the following addenda: #2 $$3\ The Owner will act on a contract award September 23, 1982. If this proposal is accepted, the undersigned agrees to execute a contract and furnish the necessary bonds and insurance certification on or before October 4, 1982 and to commence work within 15 days thereafter. The undersigned further agrees to complete the work in full within 45 consecutive calendar days from and after the contract award date. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Respectfully submitted, -.. ' 2. 011-ec2 Authorized Signature Cris • Title For: GO t-o WO . 4ti ls..t i » 4 .�Se -cr. Name of Firm' Q.O. Poe.[ $� s F¢EO ea�c� ►eo 7 156 2.-¢ . Address UNITED STATES FIDEL KNOW ALL MEN BY THESE PRESENTS: THAT BID BOND Gold Paving and Aggregate, Inc. BOND NUMBER o Fneder i ctsbuitg, Texas as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto City Round Rock as Obligee, in the full and just sum of Five PeAcent L. .) of ,. . tatat bid ARANTY COMPANY Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal St'seet Seatcoctting THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work it the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered September 21, 1982 (Date) Contract 11 (Revised) (1 -74) Gold Paving and A,g,gnegate, Inc. UNITED STATES FIDELITY AND My ct/ Gam, (a44.4 o -u) B. ( SEAU (SEAL) ARANTY COMPANY Attorney.in.fact GENERAL POWER OF ATTORNEY No 91758 Knots di Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint of the City of Austin its true and lawful attorney in and for the State of Tex as for the following purposes, to wit: To sign its name as surety to, and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and conforms all and whatsoever the said may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant Secretary, this 1 S t day of May , A. D. 19 81 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND, ) BALTIMORE CITY, J FS 3 (6.77) ac (Signed) CERTIFIED COPY Mercy Gil Mercy Gil State of Texas (Signed) By James D. Rector Robert G. Bruce On this 1st day of May , A. D.19 , before me personally came James D. Rector , Vice- President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G. Bruce , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said James D. Rector and Robert G. Bruce were respectively the Vice- President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice - President and Assistant Secretary, respectively, of the Company. p My commission expires the first day in July, A. D. 19. (SEAL) Margaret M. Hurst (Signed) STATE OF MARYLAND BALTIMORE CITY, J Sct. Yiee. President. Assistant Secretary. Notary Public. I, Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. Its Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 1st d o f May ,A.D.1981 (SEAL) (Signed) Charles W. Mackey, Jr. Clerk of the Superior Court of Baltimore City. COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland. and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys- in-fact. or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con. tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations. stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders. customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons. corporation, body, office. interest, municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may Inc provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, Richard Calder , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY. do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Mercy Gil of Austin, Texas , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. 1n Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Sep.ternbut 21, 1982 - - (Date) Assistant Secretory. AGREEMENT THE STATE OF TEXAS 1 COUNTY OF WILLIAMSON 1 That this Agreement made and entered into this 23 day of Seprember A.D., 19 82 , by and between the CITY OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter termed the Owner, and Gold a 'n,r.—,& Ag rePatP. Tnr of the City of Fredericksburg ourty o > State of Texas econ Party, hereinafter terme the ontrac- tor. KNOW ALL MEN BY THESE PRESENTS WITNESSETH: That for and in consideration of the payments 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 hCepriiesisetoforthtin the Contractor's Proposal dated September 21, 1982 described as follows; The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the Gene - ral ad Extra ork subsequently be and Agreement. The Contractor hereby agrees to commence work under this contract within 1S consecutive calendar days after award of contract and shall cause work to pro- gress in a manner satisfactory to the Owner. Such work shall be completed in full within 45 consecutive calendar days after award of contract. The Owner agrees to pay_the Contractor in current funds, and to make pay- ments on account, for the performance of the work in accordance with the Con - tract, at the prices set forth in the Contractor's Proposal, subject to addi- tions and deductions, all as provided in the General Conditions of the Agree- ment. The following documents, together with this Agreement, comprise the Con- tract, and they are as fully a part thereof as if herein repeated in full: The Invitation to Bidders The Special Conditions of Agreement The Instructions to Bidders The Technical Specifications The Proposal and Bidding Sheets Addenda The Performance and Payment Bonds Change Orders The General Conditions of The Plans Agreement By AGREEMENT (CONTINg91 IN WITNESS THEREOF the Parties to these presents have executed this Agreement in the year and day first above written CITY OF CK, XAS, sWNER ATTEST: Ail 7 + Secretary APPROVED AS TO ORM: a ss PERFORMANCE BOND BOND #72 0120 - 11668 - 8 2 - 8 THE STATE OF TEXAS COUNTY OF WILLIAMSON ➢ the City y o County o Gand Pavin a n d A.gne•ate Inc. P.O.Bax 842. Fnedeni-chsbun. Texas 786>'f THAT an• State of Texi_ Gi2ee�aie n Antonio as pr i nc i pa , an Uvu to Stakes FLde i t E GuaXant Com a . • ' ' authorized under the arts of the State of ex as o act as surety on bonds `er Texas 7820_ principals, are held and firmly bound unto the City of Round Rock, Texas, here - inafter called THE CITY, COUNTY OF NILLIAIr in the penal sum SONd .Na /110 ) for of Fi6ty Three Thousand filmee Hundred Sixty bind them($ ve and their the parent whereof, t e said PrinSandtassigns jointly and se heirs, administrators, executors, Successor by these presents: , w contract the Principal has entered into a certain' written contract with the act i Owner, dated the 23rd day of Se tm be 19 82 f ly a T I to to which the same extent as s hereby y referre to and made a part hereof as if copies at length herein consisting of: 1982 S.theet Seateodt Pnognam NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, if the said Prin- perform said contract and shall, in all respects, duly , and shall faithfully ob P , c Principal and fgr observe ynsaidrContract,a greedgand reovenantedabys� eoPritions and agreements in and by the repair of any and be observed a p including but not resultng titfrom defects in ia l a defects by said work hipaof,nthebPrincipal in performing idle f ry tr workmanship of the Contract rCompletion cCertificate� and alllother covenants and condittions, according to the true intent-and me a ofisaidlContract, a nd i th etPlans and Specifications hereto annexed, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article this Revise amended Article on Article to the same extent as if it were copies at length herein. S eta, for vi on recdditionstoPthe terms d of g the scontract, c or n to� the twork perry :time, alhere or rdt o farmed hall in indan, nyw iSetaffectnitssobligationoon�thisdbond ,,gandcit does hereby waiv shall a thevterms�of te contract, or the extension t fbe time, performed thereunderaddition to KNOW ALL MEN BY THESE PRESENTS IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ..... day of Septembex lg Aetne.ate I UnAted States F.Ldettt 6 Guahan,t Com any - 40 Gotd Pavin and ri ncipa By cy at TitleAtto Address P.O. Bo Address 150 East Rivensid D 501 ---TI Texas 78624 : The name and address of the Resident Agent of Surety is: Stoka 5 Seaxce A enc Inc. RivensLde By X ( Gold PavLn and A•. ice •at PAYMENT BOND BOND 072- 0120 - 11668-82-8 THE STATE OF TEXAS 1 COUNTY OF WILLIAMSON i T THA Gold Paying and Aggregate, Inc., P.O. Box 842 Fneden,i.chebui+ -' of the City o Fnedenichsb , esp e and State of T San Antonio, o. 6 G u. ,u���. and Unrte Sates Fide � � en •ari %s o Texae 78205 as authorized r hereinafter pri i s under held ads o firmly bound THE S CITY aOFiROUND ROCK, h em i f principals, are held TYd Firmly OWNER), called THE CITY, COUNTY OF WILtI1�"1SON, TEXAS Na i0� Dollars (� Fifty Three Thousand Three Hundred S� nc �pa and ureD bind themse ves, an the say e ves, and or t e heirs, administrators inis and assigns, jointly - their heirs, administrators, executors, successors a -severally, by these presents: WHEREAS, the Principal has entered into a certain written n contract with the Owner, dated the 23rd day odee . hereof as u I _, to which contract is y and to the same extent as s herebb re y referred to and made a P if copies at length herein. 1 in a ts u b c o this tractor NOW THEREFORE, THE C OFuTHIS OBLIGATION and material to him or LIGATION IS SUCH, THAT IF THE SAID Prin- i pay all tractor ctor in n the prosecution of the work provided for in said contract, cipal obligation shall be void; otherwise to remain in full force and effect; of PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions length Article 5160 of the Rev be determined in accordance with therovis of and ised Civil Statutes of Texas as amended and all liabili sa on tcl ted e said fiticle to o s the same extent as if it were copied at erg nns Surety, for value received, stipulates and agrees that no change, f tension o accompanying the time, alteration or addition to the terms of the contract, or to the work o f n formes thereunder, or affect plans, specifications or drawings same shall in anywise e affect its obligation on this bond, waive notice of any such change, extension of time, alteration or addition to performed thereunder. • the e t terms of the contract; or to the work to be p have signed and sealed IN WITNESS WHEREOF, the said Principal and Surety ha this Instrument this 23nd day of Se temben KNOW ALL MEN BY THESE PRESENTS By r a. Mercy G.i.e. Atto of - Title 150 Ea�x Rive" -de 'Mime Suite 501 Address P.U. Box 8 42 _ • �, ne duce Texan 78624 The name and address of the Resident Agent of Surety is: S.takea 6 Seaneey Agency, Inc. e lnLve, State Know di Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint of the City of - Austin its true and lawful attorney in and for the State of Texas (SEAL) STATE OF MARYLAND. BALTIMORE CITY. STATE OF MARYLAND ) BALTIMORE CITY, FS 3 (6.77) CERTIFIED COPY GENERAL POWER OF ATTORNEY No 91758 es Set. Mercy Gil Mercy Gil (Signed) State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through ns, its Board of Directors, hereby ratifies and conforms all and whatsoever the said may lawfully do in the premises by virtue of these presents. In - Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 1 S t day of May ,A. D.19 81 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) B James D. Rector Robert G. 3ruce Vice - President Assistant Secretary. On this 1st day of May , A. D. 19 , before me personally came James D. Rector , Vice - President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G. Bruce , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Janes D. Rector and Robert G. Bruce ware respectively the Vice- President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice - President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. 9, 19 82 (SEAL) (Signed) Margaret M. Hurst Notary Public. I. Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed hie name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signatnre to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 1 s t d o f May A. D. 1981 (SEAL) (Signed) Charles W. Mackey, Jr. Clerk of the Superior Court of Baltimore City. COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact. or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations. stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland. or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer. local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, Richard Calder . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY. do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Mercy Gil of Austin, Texas , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is atilt in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the llth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on S941tembeh. 23, 19 82 (Date) Assistant Secretory. :oMPArvY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE of Liability in Thousands (000) EACH OCCURRENCE AGGREGATE A GENERAL LIABILITY IA COMPREHENSIVE FORM El PREMISES—OPERATIONS 0 EXPLOSION AND COLLAPSE HAZARD © UNDERGROUND HAZARD © PRODUCTS /COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE El INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY 'l OTC 12601 9/1/83 BODILY INJURY PROPERTY DAMAGE $ 500 $ 1 $ 500 $ 100 BODILY INJURY AND PROPERTY DAMAGE COMBINED 1 $ PERSONAL INJURY $ A AUTOMOBILE LIABILITY CpI L ^J COMPREHENSIVE FORM ® OWNED HIRED IX BODILY NON-OWNED OTC 12601 9/1/83 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ 500 $ 500 PROPERTY DAMAGE INJURY AND PROPERTY DAMAGE COMBINED $ f f B EXCESS LIABILITY ® UMBRELLA FORM OTHER THAN UMBRELLA FORM n CDU 10074 72 00683825 9/1/83 9/1/83 BODILY INJUR AND PROPERTY DAMAGE COMBINED STATUTORY $ 1,000 $ 100 $ 1 , 000 te,cR ACCmery A WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER D , :Y THE POLICIES LISTED BELOW. A NAME AND DDRESS OF AGENCY STOKES & SEARCEY AGENCY INC. 150 E. RIVERSIDE D SU R,, T E F 501 AUSTIN, TEXAS 78704 PHONE 512.444 -7466 NAME AND ADDRESS OF INSURED Good Paving and Aggregate, Inc. P.U. Box 842 Fnedeniehbung, Texas 78624 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IESCRIPTION OF OPERATIONS /LOCATIONSNEH CLES PROJECT: 1982 STREET SEALCOAT PROGRAM Cancellation: Should any of the above desc bed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail - days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER' THE CITY OF ROUND ROCK 214 E. (MAIN STREET ROUND ROCK, TEXAS 78664 COMPANIES AFFORDING COVERAGES ETrER A Fidet ty 6 GuC Cavity Iltisuxance Under Ieln,rtenA Tor COMPANY E3 The Repnubeic Inb. Co. LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER SEPTEMBER 23, 1982 DATE ISSUED T K S �� / /(j /�� (AUTHORIZED REPRESENTATIVE WAYNE D. SEARCEY ;OMPANY LETTER iVPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liability in Thousands (000) OCCURRENCE AGGREGATE GENERAL LIABILITY ❑ COMPREHENSIVE FORM ❑PREMISES— OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS /COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE El BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY BODILY INJURY PROPERTY DAMAGE $ $ $ $ - BODILY INJURY AND PROPERTY DAMAGE COMBINED $ $ PERSONAL INJURY $ AUTOMOBILE LIABILITY ❑ COMPREHENSIVE FORM ❑ OWNED ❑ HIRED ❑ NON-OWNED BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCIDENT) $ $ PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM BODILY INJURY AND PROPERTY DAMAGE COMBINED $ $ WORKERS' COMPENSATION and EMPLOYERS' LIABILITY STATUTORY $ A OTHER OWNERS -& C ONTFACTORS' PROTECTIVE LIABILITY 3CC105968 9/23/82 BI $500,000 EA. OCCURREN( PD $100,000 EA.000URRENC ff1nfl nnn nrr ^ rrnTr THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND: EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. OF xorc VAME AND ADDRESS AGENCY STOKES & SEARCEY AGENCY INC. 150 E. RIVERSIDE DR., SUITE' NO. 501 AUSTIN, TEXAS 78704 PHONE 512 - 444 -7466 VAME AND ADDRESS OF INSURED HE CITY OF ROUND ROCK '.14 E. MAIN STREET tOUND ROCK, TEXAS 78664 IESCRIPTION OF OPERATIONS /LOCATIONSNEH CLES 1982 STREET SEALCOAT PROGRAM :ONTRACTOR: GOLD PAVING AND AGGREGATE, INC. NAME AND ADDRESS OF CERTIFICATE HOLDER. THE CITY OF ROUND ROCK 214 E. MAIN STREET ROUND ROCK, TEXAS 78664 COMPANIES AFFORDING COVERAGES COMPANY A UNITED STATES FIDELITY & LETTER GUARANTY COMPANY COMPANY B LETTER COMPANY ■ LETTER V COMPANY D LETTER COMPANY E LETTER L This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will endeavor to mail II days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. DATE ISSUED 10/20/82 STOK S & SEARItEY .I ENCY, INC. . •:-: WAYNE D SEARCEY GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1 1. DEFINITIONS 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods 3 and Equipment 4 2.03 Changes and Alterations 4 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 5 2.07 Licenses, Permits, and Certificates 5 2.08 Royalties and Patents 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 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 9 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 Material's 19 2.25 Sanitary Facilities 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 10 3.01 Labor, Equipment, Materials and 10 Construction Plant 10 3.02 Performance and Payment Bonds 11 3.03 Contractor's Ability to Perform 11 3.04 Superintendence and Inspection 11 3.05 Character of Employees 3.06 Contractor's Duty to Protect Persons 11 and Property 12 3.07 Safety Codes 12 3.08 Barricades 12 3.09 Minimum Wages 12 3.10 Unsuitable Work or Materials 13 3.11 No Waiver of Contractor's Obligation 13 3.12 Site Clean Up 13 3.13 Guarantee (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 15 4.04 Collateral Work 15 4.05 Right -of -Way 15 4.06 Adequacy of Design 5. SCHEDULING AND PROGRESS OF WORK 15 5.01 Order and Prosecution of the Work 16 5.02 Rate of Progress 16 5.03 Sunday, Holiday, and Night Work 16 5.04 Hindrances and Delays 17 5.05 Extensions of Time 5.06 Liquidated Damages for Failure to 17 Complete on Time 6. INDEMNITY 18 18 6.01 Contractor's Indemnity Provision 18 6.02 Workmen's Compensation Insurance . . • . 6.03 Comprehensive General Liability Insurance 18 6.04 Owner's Protective Insurance 6.05 Comprehensive Automobile Liability 19 Insurance 19 6.06 Insurance Certificate 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 21 and Materials by Owner 21 8.03 Methods of Completing the Work 22 8.04 Final Acceptance 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 2c 9.04 Monthly Estimates and Payments 24 9.05 Certificates of Completion 25 9 .06 Final Estimate and Payment 25 9.07 Notarized Affidavit 25 9.08 Release of Liability 26 9.09 Contractor's Obligation 26 9•.10 Payments Withheld 'GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS 1.01 Cale1 aY• 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 Invitation to Bidders; Instructions to Bidders; the Proposal; the Signed Athee formance and Payment Bonds;. the General Conditions of the Agreement; the Special Conditions of the Agree- ment; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract any is Dnyms complementary, and ifhcalled called for by one shall be as binding as for by all. In n case of conflict between any of the Contract Documents, priority of interpretation shall . be in the following order: Signed Agreement, Perfor- mance and Payment Bonds, Proposal, Special Conditions of the Agreement, Invitation to Bidders, Specifica tions, Plans, and General Conditions of the Agree- ment. 1.03 Contractor. "Contractor" shall mean the business or- ganization or individual named and designated in the Contract Agreement as the "Party of the SecodfPart", who has entered into this contract for the per of the work covered thereby, and its, his, r o o rtheir duly authorized agents and other legal rep e tives. 1.04 En ineer. "Engineer" shall mean the City Engineer of the City of Round Rock, Texas, or such other engineer, supervisor, or inspector who has been designated, ap- pointed, or otherwise employed or delegated algatieb Owner for this work, or their duly such agents acting within 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 icludneallo work that may be required by the Engineer n 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 the City of d ck, Texas, named and designated nated in the Ag f eeoun as "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 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 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. ay 1.12 Working Day. A "working day" 1 is deied aa daych not including Sundays or any legal holidays, weather or other conditions, not under the control of the Contractor, will permit construction of the pria- less than units the continuous between7:00ua.m. and 6:00 p.m. -2- 1.13 Written Notice. "Written notice" have been duly served if delivered individual or to a member of the f of the corporation for whom it is livered at or sent by certified or the last business address known to notice. -3- shall be deemed to in person to the irm or to an officer intended, or if de- registered mail to him who gives the 2. GENERAL. PROVISIONS 2.01 Engineer's Status and Authority. es to is mutually lyct agreed by and between the parties 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 fieanwith and intent of this Contract, either party may the Engineer within 30 days a written objection to the decision or d- irection 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 Er ineer to Modif Methods ui ment. I at any time the methods or equipment n the C tractor are found to be unsafe or inadequa te to secure the quality of the work or the rater may s se direct quired under this Contract, the Eng lofe 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 comalied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 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 n y affect the Contract or andsave harmless the t Owner r against any claim 5 ify any aim arising from the ctor his -ws the Contra and ordinances whether by seem. ployees or. his subcontractors and their .employ 2.07 Licenses, Permits and Certificates. ExCectrasfherein after stipulated, all licenses, pe etc. required for and ineoofwithstheoworkcto be performed under the provisions Documents shall be secured by the Contractor at hs own expense. In the event a building pe ke Owner a no quired such permit will be obtained by cost to the Contractor. 2.08 Ro alties 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 n orw- material furnished under this Contract; provide, app li- ever, that if any patented material, machinery, ance, or invention is clearly specified rights in use aCo o f tract, the cost of procuring borne o aus paid by legal release or indemnity shall be 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 Engineeroshallnfurnish •thefContractor Accessible. three (3) and S p ens o shim, andPthesCoontractorf shall keep one copy of - o t h to him, same f te constantly accessible on the work, with the latest revisions noted thereon. 2.10 tthatritaisltheaintentsofo further this Contractthat all work must be done and all material must be furnished in ac- cordance with any the generally di the contract documen ts, event of men ts, the priority of interpretation de fon fined under "Contract Documents" shall g overn. In the event that there ip any thedoubt Contract, or and intent of any portion of tithe 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 work other matters which can in any way raf affect t th the cworkrsa under this Contract. No `,aoraemployee of the Own - er any officer, agent er, eith er eithee or r before or after the execution Con- ob- tract, shall affect or modify any of ligations herein contained. 2.12 Contractrshallh be understood to mean s and e include l 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 shown by the Plans or reasonably implied by 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 perfor all er when rPr esenteduwith a writtentChange Order Engine signed by the Engineer. No claim for extra work of any dwl b allowed unless ordered in writing by koEnnnoe il In case any orders or instructions written, appear to the Contractor to involve extra work for which he should receive to t eiecomnpe n aion, h shall make a written such extr a ea woor. written Change Order authorizing to what does Should a difference of opinion arise as or does not constitute extra work or payment therefor and the Engineer proceed with the performance, the Contractor shall p 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 Pa mont for Epaidd theekContractoragreed that the f work to be p wk 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, 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 a2nroval 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 be 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 n local regulations and shall be properly a observation. i. TbystheaContractorshall suchcmannercand at such and maintained as nt s hall be approved by the Engineer. poi shall Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, E•ui•ment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equip- ment, machinery, supplies, and materials necessary for the prosecution and complen of thithContractswhere it is not specifically provided furnish them. The Owner shall not be held respon for the care, preservation, conservation, or p 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 equipment hjob ttall times sufficient labor, material, and adequately prosecute the work. 3.02 byrthemPartiesd toathistContract that the further agreed theContractor Y will execute separate performance and payment bonds, each in the sum of 100% of the total Contract faithful in standard forms for this purpose, guaranteeing performance of the work and the fulfillment of any guarantees required and further guaranteeing payment fur- to all persons supplying labor nishing him any equipment in the execution of the Con tract. It is agreed erformance Contract fur in effect until such p furnished d and approved by the Owner.enthbondsnshallhbe premium for the performance apaymentcbon for the included in the price bid by the work under this Contract, and nowextra payment for such bonds will be made by e The surety company or companies underwriting the per- formance and payment bonds shall be acceptable accord- ing to the latest list of companies holding c- cates of authority from the Secretary auof the to ertifi of the United States, shall be duly authorized under . the laws State of as Surety, and shall be approved -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 comPl - tion of projects of equal magnitude in the past. shall be the prerogative of the Owner to terminate the Contract as outlined "Termination tract ", if job progress indicates thattheC Contractor g 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 Contracto r innhisSarepresentative sne, and all directions given to him by 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 workeforny prolonged periods of time the Engineer may or or all work under this Contract to be stopped ntilv- the Contractor provides continuou p r o c usuper i s ion of the work. Such stoppage 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 inform - him that the work being 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 Dut to Protect Persons and Pro•ert . In the performance of this Contract, the Contractor shall. protect the public and the Owner fully by 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 consruionzcodes. All machinery, equipment, and other physical 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 ll operly 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 for work of a similar character rlin- this locality. A scale of prevailing wages is ed in the Special Conditions of these iCContract t D oc u ments. The Contractor shall pay not 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. Itistunderstoodaaand agreed that if the work or an y p r 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 withitheof specifications, the Contractor shall, 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. th a d ve rovisionowithin 72 hours a or shouldahee with fail to ad p o properly prosecute and complete direct that such be faulty work, the Engineer may done by others and that the cost of the work be de- ducted from monies due the Contractor. ineer, ector shall have no power to waive 3.11 No Waiver of Contractor's Obli ations. The ng supervisor, or iosp the obligations of this Contract for the furnishing by the ontrctr good Cworkaasoherrein described a and in fulls performing accordance with the plans and specifications. No failure or o of defective work or material inspector thedContractor on any obligation to at once tear out, m e, and d rom the e lace the same at any time out, remove, and properly p of said prior to final acceptance upon the ediscoveryr thsa the defective work or material; p reatett Engineer, supervisor, or inspector h a ll rup e o r t any of the Contractor inspect and accept c f thelEngineerc, supervisor, material has once the acceptance by on the Owner unless it can cptance shall be binding be clearly shown that such material furnished was not as represented and donmeet the specifications for the work. Any questioned the d ati Engineer taken up or removed for re- examination by prior to final acceptance, and if found not in accor dance with the specifications for said work, all ex- pense of remcVing, re- examination, and replacement shall be borne by the Contractor; otherwise the ex- pense thus incurred shall allored as "Extra Work" and shall be paid for by the 3.12 Site Clean Up. The Contractor shall not allow the site of the work to become ed trash a n waste neat ndt e derlyicl, but shall maintain and orderly condition throughout the htntordete� miner iod. The Engineer shall have the rig what is waste material or rubbish and the o r a nd d place of disposal. On or before thchcogp the, carefully work the Contractor shall, without t or , carefully clean out all pits, pipes, age stcon- duits, shall tear down and remove all temporary 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 Guar antee• During a period of 12 months from Own of after the date of the final acceptance by the work embraced by this Contract, the Contractor shall make all needed repairs arising in t d e f j ctive workmanship or materials, or both, ment of the Owner shall become necessary during such period. If within 10 days after the mailing athe notice in writing to the Contractor or his agent said Contractor shall neglect to make or tohundertakes with due diligence the aforesaid repairs, _ to xpense; provided, however, C t c however, that in caseofan emergency s exye p mergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to therContractor, and the Contractor shall pay the t 4. OW'NER'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 nd. All stakes, marks, etc. shall be carefully p rese tractor, and in case of careless destruction oreremov al by him or his employees such stakes, shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Entry_. The Owner reserves the right for lits- personnel or its agents to enter the property or tion on which the work herein contcesbeengis- constructed or installed for the purpose ar osu of co n- ing and inspecting the work or for the p uo P 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 done in accordance n with d n s t t h e plansandspecific ationsltherefor. The Contractor shall furnish all ressnabis ai san or assistance required by the Engineer, inspectors for the proper inspection and examination of the work and all parts ther T heiContract r shall regard and comply with so appointedfwhen supervisors, or inspecors c o sp consistent with the obligations of this Contract. 4.04 The Owner reserves the right to tiohat is not of work ter contract u ordotherwise. Any col- lateral by a separate work shall be prosecuted in such a m theeprohat it will not damage the Contractor nor delay _ gress of the work being accomplished under t this his Con- tract. The respective rights of and op various interests involved shall be established and coordinated by the Engineer. 4.05 Right -of -14a.. 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 of the design, suffi- be responsible for the adequacy ty of the ciency of the Contract Documents, t a safeepsaaetono of the structure and practicability completed project; provided the Contractor has com- pleh will tpprovedlmodificationse thereof, and c addi- u- said tions a ts, nd al l lte approved in writing by tiond alterations thereto app compliance the Owner. n theuContractoro u to show that he has com- plied w e upon wappPP roved said modifi requirements ationsthereofhand all a approved additions approved and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. Ithiswtse herein t is the and intent of this Contract, 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 or direc the time and manner of constructing of the work when in his opinion of danger priority to lessen the probability 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 ny carrying on any part of the work. Ifany the work prior to the start or during the progress 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, andsphe Contractor shall promptly comply with such 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.xceptnin connectinn w ith the care, maintenance, or p roE 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 ti delaythfrworany cause during the progress of any po r 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, ifCtherOwner stops the work for any other reason, by the Owner shall be entitled to reimbursement paid Y 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 adequte plant, equipment, or p 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 delaned- in the final completion of the work by any act 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 ext nsioneof time sufficient to compensate for the delay 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 delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Dame es for Failure to Com•lete 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 fortension 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 Dania es Per D am_ Less than $ 5,000.00 $ 5,001.00 to $ 15,000.0 15,001.00 to 25,000. 25,001.00 to 50,000. 50,001.00 to 100,000.00 More than 100,000.00 -17- $ 30.00 35.00 40.00 50.00 70.00 100.00 6. INDEMNITY it Provision. To protect the Indemn 6.01 Contractor's failure to perform any of Cheer from the Contractor's of the terms of this Con- the foregoing duties or any and save harm - tract, the Contractor shall indemnity and employees e decrees, and ex- f the fosse and the Owner's judgments, a out from all looses, damages, penses or costs of any nature arising of or in anyway connected with any at law or in equity brought against the Owner and the Owner's agents and employees for ro ethe death or au the h or injury to persons or for damage to property of any term or condition of this Con - p tegcaused, rua- edly caused, by any willful acts, or breach agents, servants, subcon- recce, further tract t the employees. p ee The Contractor shall tractors, or indemnify a sa Owne t and employees the Owner demandsdof sub - ents and employ ersons, or suppliers contras ag workers, material persons, or power oontrahtoes, and parts thereof, to ms, and incurred in connection machinery supplies incu with of any tools, and performed which to be performed under this Contra description, including property ed in the performance of this Contract by shall be damaged his agents, emp Y tors the Co e p , shall b tractor at the Contractor's e tors .or their employees andctotdamagesbyhall e restored to its condition prior expense. The Contractor 6.02 workesn'o Com enswithnthesWorkmen's Compensation Act of agrees to comply with a or cause to be paid and to p Y which may all the peasa of Temed, ts, protect and all compensation, medical or other benefits, become due or- payable thereunder, t and employ the Owner and then Owner agents by mpason- all indemnify from against any of accidental and of accidental inemry, disease or death sustained by subcontractor's employees. The Contractor shall ur- Contractor's nish the Owner with a certificate te from and st om m the Industria ] Accident acompliancen t the with said statute. eviencing tractors' 6.03 Comprehensive General Liabilit The Con - provide and maintain during the life of under said Contract this Contract r shall p the sai dr, a Com ha s e mnletedu and l accepted k by policy, n t said has been insurance the said policy and General Lngbcarrier approved by Owner, policy per fee issuing which specifically insures the contractual liability -18- of the Contractor assumed under Paragraph 6.01 above "Contractor's lia- cover Indepen- bilitled tor's Indemnity Provision ". policy shall repen- dentty coverage under this P limits for the Compte e Liability under sevt Contractors. L insurance coverage p y shall not policy shall not be less than the following: $100,000 each person Bodily Injury $300,000 each accident $ 25,000 each accident property Damage $ 50,000 aggYega 's Protective Insu The Contractor Contract s l Ownerr a pCethe life of this has been com- and and all maintain during an has been and Con - pleted until arc wprtedubyetheaOwner, an Owner's pleted and r which co- insures the Owner s Protective Policy to ees with the same tractor a as described Owner' and employees and the General Liability coverage Comprehensive entitled "Comprehensive General Liabil- in 6.03 above ity Insurance". Insurance. The provide and maintain during the The 6.05 Comprehensive Automobile and under said Con - Contractor shall P a and accepted by the Owner, of this Contract and until all work policy. tract has been completed Liability eted carrier approved by the Owner, Comprehensive Automobile of the work said policy and ration on or off the ww the operation site use, covering by the C non-owned, y of all motor vehicles licensed for highway contrac traC they are wned, or hired which owhes, ecifically tractor. in h shall specifically liability of the Contractor assumed under t e raph 6.01 entitled "Contractor's Indemnity teal for the Comprehen above Para. The .liability limits Provision". insurance coverage shall not sive Automobile Liability be less than the following: each person $100, Bodily Injury $300,000 each accident Damage $ 50,000 each accident property 6.06 Insurance Certificate. insur- In connection with t he 6.04, in sections 6.02, 6.03, furnish the Owner ande coverage set out shall paid with 6 c above, the Contractor s surance. iVen with a certificate verifying said in shall be 9 that the Owner ash provisions 10rdayscadvancelwritten notice 10 days of the policies are changed or in the event said poli- rovided to the Owner prior,to starting any construction work in cies shall be cancelled. This Certificate of Insu - ance shall be P connection with this Con tract. 7. TERMINATION OF CONTRACT 7.01 Richt of Owner to Terminate. If the Contractor should be guilty of substantialv u o f t cerC o n tr ac t o o e Engineer or any provision theresuch of, the Enginene a to as to the nature todanxto�herfresourc- violation, may without pYejudice any es or remedy give the Contractor wr notice 1f termination of the employment of the following such notiImmediately nd llnmr my a ui ment, tools, and ap- p he wo and eon mnderaylfinishpthe work in accordance withnthe thereon and may "Abandonment of Con - with the provisions of Section 8 tract by Contractor ", of these General Conditions. 7 Ri ht of Contractor toyublic authority or court Terminate. if work should be stopped by o hrohh no acmonthsaortiff the the Owner rshouldfor period substan t l r f i to perform erform the provisions of the Contract with regg rd with to Owner's ob�ignti°Ondays wrto t � then the Contractor may, upon the Owner, terminate this Contract and recover from the Owner payment for all completed work. the event that the Contract 7.03 shouldl be E ui meed. In reason whatsoe Owner by request for any tier, and any mal r h eqe Contractor tools and t supp t h e C r all of his equiomply• with the request within 10 the Contractor shall Comp Y receipt of such notice, the days after receipt of the notice. Should he fail to do so within 10 days after emove such equipment Owner shal have the right supplies in storage at and supplies at the expense of the Contractor and to place such equipment, tools and the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should to refuse to resume work within 10 abandon and ail -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 tg an of to complete the work, and a copy be delivered to the Contractor. 8.02 Retention of Contractor's E ui merit a aMaterialst Owner. After receiving said Contractor shall not remove from the work any tachin- ery, equipment, tools, materials, or supplies 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 rental or credit therefor excePt tion with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that ths of such and materials will ultimately reduce 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 for service of such notice, then the Owner may provide 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 tools, of such labor, machinery, equipment, ials, and supplies to said Contractor, an d the ex- pense so charged shall be deducted a or that th e Owner out of such monies as may be 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 beeenpe greater than the sum which under this Contractifc would thesamme have been pay -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 of location of the county of completion a ge maycY lettthe contract for y the comp of hew, ma substantially the same terms and of the work under provided in this Contract. conditions which are p In case of any increase to t Ownehave under the new contract as compared to been the cost eddto thesContractor, and1theeSurety shall be charged be and remain bound th any such new However contract prove the cues st to complete rove to o be less than what would have been the cost to complete under this Contract, the Contrac for or his Surety shall be credited therewith. Ieted 8.04 y shall be so notified and Final Acceptance. When the work has been coo the Contractor and his Suret a Contract Completion Certificate a s rena vided shall be issued. A comp the itemized statement at of the Contract accounts by delivered nste r being correct shall then be p wheeuan the C and a s t- the Contractor and his Surety, as the case may o tor, his Surety or the Owner, raslt by m he ed se said etate- enl sty the balance due moot t within 15 days after the date of such Contract Completion Certificate. 8.05 Dis osition of Contractor's E ui ment. In the event to com- the statement of accounts shows been plete the work is less than the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor themhto thee� showery, pay the balance ner, then all machin hy be a tools■ materials, or supplies left on t eqquu ipmentt , the site of the work shall be turned over to the on- 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- equipment s upps any machinery, tools, materials, or thenery, the work, notice thereof to- geth eres oh the t e m e of ui m gether with an itemized list of such eq ent and equipment his Suretyalt shell respective addresses Contractor addressesdesignated in this Surety at the rots -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 ch p f the y. xercise ordinary care to date of protect n oth eroherOw• sell such machinery, equipment, tool the Owner may the net sum tools, materials, or supplies and apply ct derived from such sale to the credit made atheiContracb r and his Surety. Such sale may as the O wn or elect. Thew Ownerrshalloreleasecany machin- em, Owner equipment may ay tools, materials, or supplies which remain on the work and belong to persons other than proper owners - the Contractor or his Surety to their p ro p g. 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. o Actual Quantities. Any and all estimat ed pro osal form under unit quantities ms stipulated approximate and are to be used only price items are orp the probable cost only (a) as 'a basis for th eimur p of the work and (b) for the p ose of comparing the P proposals submitted for the work. It is understood and agreed that the actual amounts of items d differ work k done and er ne an materials furnished under unit price om n from such estimated quantities and that the basis of payment for such work and materials shall be fore actual amount of such work done and the actual q uth 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 ofeworkdactually u performed and materials actually utrnpoal on other amounts estimated therefor in thwepr, that r f the Contract Documents; provided, actual quantity of any item should becomehas mucheasi- 25 percent more than or 25 p for such iams, then mated or contemplated quantity 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. Shnr vised consideration shall be determined b yr ag r euc this between the or entitled Contract as provided Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, completion of all work and the delivery of all mater- ial embraced in this Contract in full conformity with the specifications and contathe ined , the Owner agrees to pay m in the Proposal hiontract attached Thee Contractorahereby mgrs de a part pay for agrees to receive such amounts in full p wired for the furnishing all material and all labor required aforesaid and aforesaid work, for all expense incurred by edanbthe and for well and truly performing thereof in the manner and according to this Contract, the attached specifications, and requirements of the Engineer. ents. On or about the fifth 9.04 doytofy Estimates and Enym day of each month the Engineer will make an app roxi mate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall fUrfliSh to the st Engineer such detailed information nrasihn of Yt mreq u u e y to aid him as a guide in the p P n estimates. After each tuchOestimate shall have the approved by the Owner, tractor 90 pew cent of the of said menthe estimated sum on or before the 15th day o is nearnto completions that work 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. ineerinotice work Contractor has given the Eng 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 a proceed to make final measurements and to prepare estimate of the work done and materials furnish- ed under this Contract and the value thereof. The t Engineer shall certify the FinaldEstifate a n d s ub mi tf it to the Owner within five (5) Y the Contract Completion Certificate. The Owner shall pay the Contractor within 15 days from the date of the Contract Completion Certificate the . entire dub sthenEngineer the a fter r deducting n all Eamounts prepared by rovision of this to be kept and retained under any P Contract. However, it is to be specifically und - by the stood that the final payment will not be paid Owner to the Contractor under any circumstances until the Notarized Affidavit required sbyeSection 9.07 e n d title"Notarized Affidavit ", 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 ubmittttiththe Engineer a notarized affidavit in duplicate er under oath that all subcontractors, vendos, a Ch er. persons or firms who have furnished or performed or furnished materials for the work have been fully paid or satisfactorily secure. h ffi av by affidavit shall bear or be accompanied by statement, e s i g n bond the he Surety Company who provided the pe an fo the work, to the effect that said Surety Company b sents to final payment to the Contractor being 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 thereof from all claims and liability anything done or furnoffor horOreiatingot ath the pwo or for any act or neglect the wnk. son relating to or affecting -25- 9.09 Contractor's Obligation. Neither the C o n t r a c t Comple ti Certificate nor the final payment 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 segmentl The Owner account withholdor wholentry the whole or part of any payment to such extent as may be y• 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. SPECIAL - CONDITION OF THE AGREEMENT Minimum Wage Scale- Current wage rates paid for highway -heavy construction and paving in Zone 8 which includes Williamson County. -26- CITY OF ROUND ROCK SPECIFICATIONS FOR STREET SEALCOATING I SCOPE 1. General. The contractor shall furnish all labor, materials, tools, equipment fuels and a 1-incidentals necessary to accomplish the work as specified and shall do all such work as specified, except for that work to be accomplished by the owner as set forth in Section I -2 herein. 2. Work to be performed by the owner. If it is necessary to loosen dirt packed down on pavement to be sealcoated, the owner will furnish a motor grader or a loader and operator to scrape the dirt loose. The owner will patch holes in pavements prior to sealcoating; however, patching will not delay sealcoating in any way. None of the work done by the owner will relieve the contractor from responsibility for proper surface preparation prior to sealcoating. 3. Storage of materials. The contractor shall make his own arrangements for storage of equipment and materials. The owner will not receive shipments of materials for the contractor. 4. Working hours. All work under this contract shall be done between the hours of 7:00 A.M. and 7:00 P.M., Mondays through Fridays. No work shall be done on Saturdays, Sundays or legal holidays without the written consent of the Engineer. No street shall be closed off prior to 8:00 A.M. 5. Traffic control. The contractor shall furnish all barricades, traffic cones, and signs required for traffic control and detours. The contractor also shall furnish all flagmen necessary to keep traffic out of the work area. Traffic shall be kept out of the work area until rolling is completed. 6. Notification of residents. The contractor shall distribute printed notices to each house on streets to be sealcoated the day before the sealcoating is scheduled. Printed notices will be furnished by the owner. Notices shall be distributed prior to 4:00 P.M. on the day preceeding the work. 7. Measurement and Payment. Final contract price and payment will be based upon actual quantities of work installed at the unit price bid. The bid quantity shall be used for final contract price unless either party questions the accuracy thereof, in which case actual field measurements satisfactory to both parties will provide the basis for final payment. The owner will make payment in full when the work is completed and accepted. 8. Locations of work. The locations of streets to be sealcoated under this contract are listed and shown on a map appended to these specifications. II MATERIALS 1. Asphalt. Asphalt shall meet the requirements for AC -5 (Texas Highway Departme "Standard Specifications for construction of Highways, Streets and Bridges," 1972, Section 300.2), or a substitute approved by the City Engineer following contract award. 2. Aggregate. Aggregate shall be crushed stone or crushed gravel meeting the requirements for class B, Type B Grade 4( "Texas Highway Department "Standard Specifications for construction of Highways, Streets and Bridges, " 1972, Section 302.) 3. Testing. The contractor shall furnish the owner copies of certified lab- oratory reports from the refinery showing that each shipment of asphalt used in this contract meets the specifications. These reports shall be furnished at the time of delivery, and material not meeting specifications will be returned. The contractor also shall furnish the owner a copy of a test by an independent labora- tory showing the weight per cubic yard of aggregate used in work under this contract. III APPLICATIONS OF SEALCOAT 1. Surface preparation. The contractor shall be responsible for cleaning the street surfaces. All surfaces to be sealcoated shall be cleaned with power brooms, blowers, pickup brooms, hand brooms, or other approved methods so that all loose material, silt, vegetation and other objectional materials are removed. 2. Asphalt application. The spray bar shall be at the proper height above the pavement to insure even distribution of asphalt. The asphalt shall be heated to a sufficient temperature to permit flow on the pavement into a continuous even coating free of ridges. Rate of asphalt application shall be 0.26 gallons per square yard, or as directed by the Engineer. Building paper shall be used for transverse joints. All manhole and valve box covers shall be protected so they are not covered w with asphalt. Successive applications of asphalt shall not lap. 3. Aggregate spreading. Aggregate shall be spread uniformly with an approved mechanical spreader. The rate of application shall be 1 cubic yard of aggregate to 110 square yard of surface, or as directed by the Engineer. Aggregate shall be spread immediately following asphalt application. If needed, aggregate shall be dragged or raked to get an even distribution. 4. Rolling. The newly -laid gravel surface shall be rolled with 10 -ton pneu- matic rollers until the gravel is set. The rollers shall be self - propelled with smooth tires and shall move forward and backward without turning. A minimum of 10 coverages with a roller will be required. 5. Miscellaneous work. Fat spots or areas missed with gravel shall have gravel placed and rolled. Corners and areas missed with asphalt shall be coated with a hand spray, covered with gravel and rolled. Dust control shall be provided as needed at the direction fo the Engineer or his representative. All surfaces shall be swept clean and excess aggregate removed the day following final rolling. Subsequent sweeping shall be accomplished before final acceptance if deemed necessary by the Engineer. All paper or other debris from the work shall be removed by the contractor, and the work area left in a clean and neat condition. Material storage areas shall also be left in a clean and neat condition. The contractor shall be responsible for any damage to vehicles or property from airborne asphalt during the work. CITY OF ROUND ROCK SEALCOAT PROGRAM 1982 •