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R-86-862 - 5/8/1986WHEREAS, the City has duly advertised for bids for the renovation of Cushing Dirve, and f a ��- JiLi WHEREAS, and best bid, and WHEREAS, the Council wishes to accept the bid of ( documents, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement witht((tj ia-4“15 for the renovation of Cushing Drive. RESOLVED this 8th day of May, 1986. ATTEST: difil A111 RESOLUTION NO. /60 Cbt C.Ct/u.14J73 City of Round Rock, Texas aecb submitted the lowest , and to authorize the execution of the necessary is hereby MIKE ROBINSON, Mayor Carlson &Dippel P9r49 N C O R P O R A T E D CONSULTING ENGINEERS AND PLANNERS CD- 1526 -S &D GUSHING DRIVE AND SCHOOL DAYS LANE STREET AND DRAINAGE IMPROVEMENTS 1985 G.O.B. PROGRAM CITY OF ROUND ROCK, TEXAS Owner CARLSON & DIPPEL, INC. 2499 Capital of Texas Highway Suite 204 Austin, Texas May, 1986 CD- 1526 -S &D TABLE OF CONTENTS I. Addendum II. Invitation to Bidders III. Instructions to Bidders IV. Proposal V. Subcontractor Agreement VI. Timely Return of Plans and Specifications VII. Agreement VIII. General Conditions of the Agreement IX. Special Conditions of the Agreement X. Standard Specifications Notice XI. Supplemental Specifications XII. Plans Notice CD- 1526 -S &D ADDENDUM NO. 1 CUSHING DRIVE AND SCHOOL DAYS LANE STREET AND DRAINAGE IMPROVEMENTS CITY OF ROUND ROCK, TEXAS April 30, 1986 There has been an increase in the quantity for General Earthwork and Item No. 1 will read as follows: Item Estimated Description and Unit Price of Item No. Quantity in Words 1. 19,250 SY General Earthwork, including 11,745 SY Subgrade Preparation, and 7,206 SY Asphalt Removal, complete and in place, per square yard, For Four Dollars And No Cents Unit Price in Figures Total Price $4.00 $77,000.00 I I I I I I I I I I I I I I I I I I I CD- 1526 -S &D NOTICE TO BIDDERS Sealed proposals addressed to the City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, will be received at the above mentioned address until 2:00 p.m. Tuesday, May 6, 1986, and then publicly opened and read aloud at that time and place, for construction of approximately 3,500 LF of street and drainage improvements on Cushing Drive and School Days Lane. Bids will be submitted in sealed envelopes for each contract on the Proposal furnished and marked in the upper lefthand corner, "Bid for Cushing Drive /School Days Lane, to be opened at 2:00 p.m., Tuesday, May 6, 1986." Prospective bidders may receive a copy of the bid documents from the Engineer, Carlson & Dippel, Inc., 2499 Capital of Texas Highway, Suite 204, Austin, Texas. A $50.00 deposit will be required. Plans and Specifications furnished to prospective bidders remain the property of the Engineer and shall be returned to the Engineer within five (5) working days for a full refund of the deposit. Each Proposal shall be accompanied by a Certified or Cashier's Check on a responsible bank in the State of Texas, or a Bid Bond issued by an acceptable surety company authorized to do business in the State of Texas in an amount of not less than five percent (5 %) of the total amount bid. The Contractor on this project will be required to furnish a Performance Bond and a Payment Bond in the amount of one hundred percent (100 %) of the total amount bid. No Proposal shall be withdrawn for a period of thirty (30) days after opening bids. Prequalification Requirements: The Bidder is to submit information regarding his qualifications with this bid in accordance with the instructions contained in the bid form. Minimum wage scales shall be as specified and regulated by the State of Texas and the Federal Government. The Owner reserves the right to reject any and /or all bids and to waive all formalities in bidding. The Owner also reserves the right to determine which bid is the lowest and the best, and to award the contract on this basis. The improvements shall be completed within the number of calendar days specified in the bid Proposal after Notice to Proceed from the Owner. The Owner is requesting work to begin on June 2, 1986, with completion by the end of August, 1986. City of Round Rock, Texas Owner CD- 1526 -S &D INSTRUCTIONS TO BIDDERS A. Preparation of Bids: Bids shall be submitted on the forms or form furnished by the Owner, with all spaces appropriately filled in. Bid prices shall be legibly written in ink, in both words and numerals; in case of discrepancy between words and numerals, the price written in words shall govern. Any alteration of the words or numerals must leave both the original and the corrected price clearly legible, and each such alteration must be initialed by the person signing the bids. Any proposal submitted by an individual must be signed by the Bidder or his authorized agent; a Proposal by an association of partnership must be signed by a member of authorized agent of the organization, a Proposal by a company, corporation, etc., must be signed by a properly authorized agent of official. The Bidder's business name and address must be given on all Proposals; where pertinent, properly written authorization to sign the Proposal should be submitted with that Proposal. B. Interpretation of Contract Documents and Technical Specifications, and Plans Bidders desiring further information, or further interpretation of the Contract Documents and TECHNICAL SPECIFICATIONS and PLANS must make request for such information in writing to the Engineer, prior to 48 hours before the bid opening. Answers to all such requests will he given in writing to all bidders, in addendum form, and all addenda will be bound and made a part of the Contract. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Contract Documents, TECHNICAL SPECIFICATIONS, or PLANS, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know if they have received all such addenda, complete files of which will be maintained in the office of the Engineer and in the office designated to receive the PROPOSALS. C. Conditions of Work Each bidder is expected to inform himself fully of the construction and labor conditions under which the work will be performed, and will have inspected the site and have read and be thoroughly familiar with the Contract Documents, TECHNICAL SPECIFICATIONS, and PLANS. Each bidder shall satisfy himself as the the character, quality and quantities of work to be performed and materials to be furnished. The submission of a proposal by a bidder shall be conclusive evidence that he has complied with these requirements. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. Any information given in regard to subsurface data, test borings, and similar conditions is to be considered approximate and does not relieve the bidder of the responsibility for its verification. Instructions to Bidders -1- 1 1 1 1 1 CD- 1526 -S &D D. Delivery of Proposal Each completed proposal shall be placed, together with the proposal guaranty in an envelope, sealed and clearly identified on the outside as a proposal to the Owner, projection description and name and address of the bidder. When sent by mail, the sealed proposal, marked as indicated above, should be enclosed in an additional envelope. Proposals will not be considered unless received on or before the time designated in the Invitation to Bidders. Any bidder, upon his written request, will be given permission to withdraw his proposal not later than the time set of the opening thereof. E. Proposal Guaranty Each proposal must be accompanied by a Cashier's or Certified Check, payable to the Owner, or an acceptable bid bond in the amount of not less than five percent (5 %) of the total amount bid, as a guarantee that bidder will enter into a contract and furnish the required bonds and insurance within five (5) working days after Notice of Award of contract to him. This guarantee shall be forfeited and become the property of the Owner in case the bidder neglects or refuses to enter into contract and to furnish bonds and insurance acceptable to the Owner within five (5) working days after his Proposal shall have been accepted. F. Evaluation of Bids After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposals, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities, plus any lump sum items and such other quoted amounts as may enter into the cost of the complete project, will be considered as the amount of the bids. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and to waive technicalities, to re- advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. Proposal will be considered irregular and may be rejected if they show erasures or improper alterations of words of figures, additions or deletions not called for, uninvited alternate or conditional bids, incomplete bids, or unbalanced values for any bid items. Bidders may be disqualified and their proposals set aside for any cause not in the best interest of the Owner. G. Award of the Contract The Owner reserves the right to postpone final action on Proposals for up to thirty (30) calendar days after opening, and to investigate the competence and responsibility of Bidders. Award of the contract, if made, will be to the bidder who is judged by the Instructions to Bidders -2- CD- 1526 -S &D Owner to be sufficiently responsible and competent to perform the contract to his satisfaction. An award does not become effective until the Owner issues the successful Bidder a written Notice of Award. H. Execution of Contract Within five (5) working days after the Notice of Award of the Contract has been issued, the successful bidder shall execute the Contract and furnish the Owner the following bonds and insurance: (1) A 100% Performance Bond (2) A 100% Labor & Materials Bond (3) Workmen's Compensation Insurance (4) Comprehensive General Liability Insurance (5) Property Damage Insurance (6) Automobile Liability Insurance I. Sureties No sureties will be accepted by the Owner which are in default or delinquent on any bonds, or which are interested in any litigation against the Owner. Should any surety on the contract be determined unsatisfactory at the time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. J. Commencement and Prosecution of Work The successful bidder will be required to commence work within ten (10) calendar days after the date the Notice to Proceed, and will be required to complete the work within the number of days stated in the contract beginning on the date of the Notice to Proceed. K. Statement of Bidder's Qualifications All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized and accompany the bidder's proposal. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder. 2. Permanent main office address and telephone number. 3. When organized. 4. If a corporation, where incorporated. 5. How may years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the approximate anticipated dates of completion). Instructions to Bidders -3- 1 1 1 1 CD- 1526 -S &D 7. General character of work performed by your company. 8. Have you ever failed to complete work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important project recently completed by your company (six most recent), stating the approximate costs for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement, and furnish any other pertinent information that may be required by the Owner? 17. The undersigned hereby authorizes and requests any person, firms, or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at ___________�_____ this day of , 19 State of County of of and that the answers to the fo'regofng questions and all statements therein contained are true and correct. Subscribed and sworn to before me this (Contractor) By Title My Commission Expires , 19 Instructions to Bidders -4- being duly sworn deposes and says that he is day of , 19 Notary Public CD- 1526 -S &D CUSHING DRIVE AND SCHOOL DAYS LANE STREET AND DRAINAGE IMPROVEMENTS CITY OF ROUND ROCK, TEXAS 214 East Main Round Rock, Texas 78664 Gentlemen: The undersigned, in compliance with your invitation for bids for construction of the Cushing Drive and School Days Lane, Street and Drainage Improvements, for the City of Round Rock, Texas, having examined the plans and specifications with the related documents, having carefully read same, having examined the site of the proposed project, proposes to furnish all labor, materials, supplies, and to construct the project in accordance with the Contract Documents within the time set forth and at the price stated below: Item Estimated Description and Unit Price of Item Unit Price No. Quantity in Words in Figures Total Price Street Improvements 1.* 17 7 855 -8Y General Earthwork, including 19,250 SY 11,745 SY Subgrade Preparation, and 7,206 SY Asphalt Removal, complete and in place, per per square yard, For Four Dollars And No Cents $ 4.00 $77,000.00 2. 4,240 CY 13" Compacted Flexible Base, complete and in place, per cubic yard, For Fourteen Dollars And Seventy Cents 14.70 62,328.00 3. 11,742 SY 2" Hot Mix Asphaltic Concrete, complete and in place, per square yard, For Three Dollars And Ninety Cents 4. 6,087 LF Concrete Curb and Gutter, including 12 LF Laydown Curb and Gutter, complete and in place, per linear foot, For Six Dollars And Fourteen Cents *See Addendum No. 1. PROPOSAL P -1 May 9, 1986 3.90 45,793.80 6.14 37,374.18 I 1 1 I 1 1 1 1 CD- 1526 -S &D Item Estimated Description and Unit Price of Item No. Quanti in Words 5. 30,990 SF 5' Concrete Sidewalk, complete and in place, per square foot, For One Dollars And Sixty -five Cents $ 1.65 $51,133.50 6. 435 SF Concrete Valley Gutter, complete and in place, per square foot, For Four Dollars And Fifteen Cents 4.15 1,805.25 7. 6,200 SF Concrete Driveway Approaches, complete and in place, per square foot, For Two Dollars And Sixty -five Cents 2.65 16,430.00 8. 1 EA Barricade for 40' FF Street, complete and in place, per each, For Four Hundred Dollars And No Cents 400.00 400.00 9. 228 LF Remove Existing Concrete Curb and Gutter, complete and in place, per linear foot, For Three Dollars And No Cents 3.00 684.00 10. 3,730 SF Remove Existing Concrete flat work, including valley gutters, driveways, and sidewalks, complete and in place, per square foot, For One Dollars And No Cents 1.00 3,730.00 11. Lump Sum Striping for Medians, complete and in place, per lump sum, For Fifteen Hundred Dollars And No Cents 1,500.00 1,500.00 12. 475 LF Relocate Existing Wood Fence, including removal of 560 LF from existing location, complete and in place, per linear foot, For Ten Dollars And No Cents 10.00 4,750.00 13. 200 SY Concrete Toe Wall and Retaining Wall for Sidewalk, complete and in place, per square yard, For Forty -six Dollars And No Cents 46.00 9,200.00 P -2 Unit Price in Figures Total Price t 1 1 1 1 t I 1 CD- 1526 -S &D Item Estimated Description and Unit Price of Item No. Quantity in Words Unit Price in Figures Total Price TOTAL AMOUNT BID FOR STREET IMPROVEMENTS $312,128.73 Drainage Improvements 14. 245 LF 18" RCP, Class III, complete and in place, per linear foot, For Twenty -six Dollars And No Cents $26.00 $ 6,370.00 15. 111 LF 12" RCP, Class IV, complete and in place, per linear foot, For Nineteen Dollars And No Cents 19.00 2,109.00 16. 742 LF 24" RCP, Class III, complete and in place, per linear foot, For Thirty Dollars And No Cents 30.00 22,260.00 17. 27 LF 24" RCP, Class IV, complete and in place, per linear foot, For Thirty -one Dollars And No Cents 31.00 837.00 18. 147 LF 27" RCP, Class IV, complete and in place, per linear foot, For Thirty -six Dollars And No Cents 36.00 5,292.00 19. 225 LF 30" RCP, Class III, complete and in place, per linear foot, For Thirty -seven Dollars And No Cents 37.00 8,325.00 20. 608 LF 36" RCP, Class III, complete and in place, per linear foot, For Fifty -three Dollars And No Cents 53.00 32,224.00 21. 309 LF 42" RCP, Class IV, complete and in place, per linear foot, For Sixty -five Dollars And No Cents 65.00 20,085.00 22. 225 LF 48" RCP, Class IV, complete and in place, per linear foot, For Eighty -eight , Dollars And No Cents 88.00 19,800.00 P -3 CD- 1526 -S &D Item Estimated Description and Unit Price of Item No. Quantity in Words Unit Price in Figures Total Price 23. • 25 LF 3 X 2 Precast Concrete Box Culvert, complete and in place, per linear foot, For Sixty -six Dollars And No Cents $ 66.00 $ 1,650.00 24. 25 LF 4 X 3 Precast Concrete Box Culvert, complete and in place, per linear foot, For One Hundred Dollars And No Cents 100.00 2,500.00 25. 8 EA 10' Type 1 Inlet, complete and in place, per each, For Eighteen Hundred Dollars And No Cents 1,800.00 14,400.00 26. 2 EA 15' Type 1 Inlet, complete and in place, per each, For Two Thousand Dollars And No Cents 2,000.00 4,000.00 27. 1 EA 3' x 3' Drop Inlet, 3' Deep, complete and in place, per each, For One Thousand Dollars And No Cents 1,000.00 1,000.00 28. 1 EA 5' x 5' Drop Inlet, 5' Deep, complete and in place, per each, For Two Thousand Dollars And No Cents 2,000.00 2,000.00 29. 1 EA 4' x 4' Drop Inlet, 3' Deep, complete and in place, per each, For Seventeen Hundred Dollars And No Cents 1,700.00 1,700.00 30. 2 EA 60" Diameter Storm Sewer Manhole, complete and in place, per each, For Fifteen Hundred Dollars And No Cents 1,500.00 3,000.00 31. 3 EA 72" Diameter Storm Sewer Manhole, including Raising Castings, complete and in place, per each, For Two Thousand Dollars And No Cents 2,000.00 6,000.00 P -4 CD- 1526 -S &D Item Estimated Description and Unit Price of Item No. Quantity in Words Unit Price in Figures Total Price 32. 1 EA Headwall for 4' X 3' Box Culvert, complete and in place, per each, For Fourteen Hundred Dollars And No Cents $1,400.00 $ 1,400.00 33. 1 EA Headwall for 3' X 2' Box Culvert, complete and in place, per each, For One Thousand Dollars And No Cents 1,000.00 1,000.00 34. 30 SY Remove Existing Concrete Structures, including Headwalls and Concrete Flume, complete and in place, per each, For Twenty Dollars And No Cents 20.00 600.00 TOTAL PRICE BID FOR DRAINAGE IMPROVEMENTS $156,552.00 Utility Improvements 35. 550 LF 8" PVC SDR 35, 0 -8' Deep, complete and in place, per linear foot, For Nineteen Dollars And No Cents $ 19.00 $ 10,450.00 36. 3 EA 4' Manhole, including raising castings, complete and in place, per each, For Twelve Hundred Dollars And No Cents 1,200.00 3,600.00 37. 6 EA Raise Existing Manhole Castings, complete and in place, per each, For Two Hundred Dollars And No Cents 200.00 1,200.00 38. 4 EA Raise Existing Gate Valve Castings, complete and in place, per each, For One Hundred Fifty Dollars And No Cents 150.00 600.00 39. 1 EA Relocate Existing Water Meter, complete and in place, per each, For Two Hundred Dollars And No Cents 200.00 200.00 P -5 1 1 1 1 1 CD- 1526 -S &D Item Estimated Description and Unit Price of Item in Words No. Quantity Unit Price in Figures Total Price 40. 40 LF Relocate existing 8" Water Line, including wet connections, complete and in place, per linear foot, For Thirty -five Dollars And No Cents $ 35.00 $ 1,400.00 41. 45 LF Relocate Existing 6" Water Line, including wet connections, complete and in place, per linear foot, For Thirty -four Dollars And No Cents 34.00 1,530.00 42. Lump Sum Maintenance of Temporary Erosion Control, complete and in place, per lump sum, For Twenty -five Hundred Dollars And No Cents 2,500.00 2,500.00 43. Lump Sum Permanent Erosion Control, complete and in place, per lump sum, For Six Thousand Dollars And No Cents 6,000.00 6,000.00 TOTAL PRICE BID FOR UTILITY IMPROVEMENTS $ 27,480.00 TOTAL PRICE BID FOR ALL IMPROVEMENTS $496,160.73 P -6 CD- 1526 -S &D The undersigned bidder hereby acknowledges receipt of the following addenda: #1 and such addenda are hereby made a part of this contract. The undersigned bidder agrees to complete the work on which he has bid within 90 calendar days from the date of the written order to commence work, including E e date of the work order. Enclosed with this Proposal is a Certified or Cashier's Check for 5% Dollars ($ ) or an acceptable bid bond in the sum of Vive percent (5 %) of the total bid, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Proposal is accepted by the Owner and the undersigned fails to execute the Agreement and all other necessary Contract Documents within five (5) calendar days after the date of notice to acceptance of said proposal; otherwise, said check or bid bond shall be returned to the undersigned, from the date of the bid opening. The undersigned further declares that he will provide all necessary tools, machinery and apparatus, do all of the work and furnish all the materials and supplies, and do everything required to carry out the above mentioned work covered by the Proposal for the prices set forth above. If written notice of the acceptance of this bid is mailed, telegraphed or delivered to the undersigned within thirty (30) days after the date of the opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will, within five days after the date of such notice of acceptance, execute and deliver a suitable Agreement and all other necessary Contract Documents covering the work of this Proposal. It is understood that any bid item may be either reduced or increased in quantity up to twenty -five percent (25 %) of the total quantity at the option of the Owner and the Contractor's unit bid prices shall remain the same. In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids. The Contractor shall be prepared to start work on this project immediately upon acceptance of his bid. The Contractor, recognizing the importance of this project for the Owner, and by submitting his bid, confirms that he has checked and re- checked his bid proposal, that he has considered fully the price of all materials, labor and any and all other cost items to him to complete this project, that he has examined the project site and satisfied himself regarding unclassified excavation and all other physical aspects of the project, that he has examined carefully the plans and specifications and confirms that they reflect the full intent of all aspects of the project. Respectfully submitted: P -7 BIDDER: PAT CANION EXCAVATING CO. BY: Raymond P. Canion TITLE: President MAILING ADDRESS: Box 908 Manchaca, Texas 78652 I I I 1 II CD- 1526 -S &D I I I I I I I I I I I 1' ! Listed below are the names of the subcontractors, and to what extent they will be used, if awarded this contract. I am fully aware that before this bid proposal will be taken under consideration for possible contract awarding or before any contract will be prepared, the subcontractors listed below must be approved in writing by the owner. No other subcontractor may be substituted, after this list is submitted, without prior written consent by the owner before they may be used on this job. Should the owner find any of the proposed subcontractors to be objectionable, the contractor and the owner shall arrive at a mutually agreeable substitute prior to commencing work. The subletting of any portion of the work shall not release the contractor from his obligations regarding that portion of the work and shall be considered his total responsibility. Name of Subcontractor What Extent Used Bidder /Contractor: By: Title: Owner: Engineer: SUBCONTRACTOR. AGREEMENT 1 1 1 1 CD- 1526 -S &D STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT THIS AGREEMENT, made and entered into this 9th day of May A.D. 1986, by and between The City of Round Rock, Texas CUSHING DRIVE AND SCHOOL DAYS LANE STREET AND DRAINAGE IMPROVEMENTS A -1 acting through Mike Robinson, Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Pat Canion Excavating Co. of the City of Manchaca , County of Hays , and State of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the PARTY of the First Part (OWNER), and under the conditions expressed in the Bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: and all extra work in connection therewith, under the terms as stated in the "General Conditions of the Agreement ", and at his (or their) own proper cost and expense to CD- 1526 -S &D furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the "Proposal" attached hereto, and in accordance with the Plans, which includes all maps, plats, blue prints and other drawings and printed explanatory matter thereof, and the Specifications therefor, as prepared by: CARLSON & DIPPEL, INC. 2499 Capital of Texas Highway Suite 204 Austin, Texas 78746 herein entitled the ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR'S written "Proposal ", the "Special Conditions of the Agreement ", the "General Conditions of the Agreement ", the "Performance and Payment Bonds" (where required) hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire , contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and to substantially complete same within 90 calendar days after the date of the written notice to commence work. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the "Proposal" submitted therefore, subject to additions and deductions, as provided in the "General Conditions of the Agreement ", and to make payments on account thereof as provided therein. P -2 CD- 1526 -S &D IN WITNESS WHEREOF, the Parties to these presents have executed this "Agreement" in the year and day first written above. ATTEST: i nne Land C y Secretary RE OMMENDED BY CARLSON : PPE ,I NC. Date: „3 8` A -3 THE CITY OF ROUND ROCK, TEXAS Party of the First Part (OWNER) Mi a Ro inson, Mayor PAT CANION EXCAVATING CO. Party of the Second Part (CONTRACTOR) R.ymond P. Canion, President CD- 1526 -S &D GENERAL CONDITIONS MSP TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. Definition of Terms Page 1.01 Owner, Contractor and Engineer G -1 1.02 Contract Documents G-1 1.03 Sub - Contractor G -1 1.04 Written Notice G-1 1.05 Work G -1 1.06 Extra Work G-1 1.07 Working Day G -2 1.08 Calendar Day G 1.09 Substantially Completed G -2 2. Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship G -2 2.02 Professional Inspection by Engineer G -2 2.03 Payments for Work G -2 2.04 Initial Determinations G -2 2.05 Objections G -3 2.06 Lines and Grades G -3 2.07 Contractor's Duty and Superintendence G -3 2.08 Contractor's Understanding G -4 2.09 Character of Workmen G -4 2.10 Contractor's Buildings G -4 2.11 Sanitation G-4 2.12 Shop Drawings G -4 2.13 Preliminary Approval G -5 2.14 Defects and Their Remedies G -5 2.15 Changes and Alterations G -5 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible. G -6 3.02 Ownership of Drawings G -6 3.03 Adequacy of Design G -6 3.04 Right of Entry G -6 3.05 Collateral Contracts G -6 3.06 Discrepancies and Omissions G -6 3.07 Equipment, Materials and Construction Plant G -6 3.08 Damages G -6 3.09 Protection Against Accident to Employees and the Public G-7 3.10 Performance and Payment Bonds G 3.11 Losses from Natural Causes G-7 3.12 Protection of Adjoining Property G - 7 TC -1 MSP 3.13 Protection Against Claims of Sub - Contractors, Etc. . .G -8 3.14 Protection Against Royalties or Patented Invention. . G -8 3.15 Laws and Ordinances G -8 3.16 Assignment and Subletting G -8 3.17 Indemnification G -9 3.18 Contractors Liability Insurance G 3.18.1 Certificate of Insurance G -9 4. Prosecution and Progress 4.01 Time and Order of Completion G -10 4.02 Extension of Time G -10 4.03 Hindrances and Delays G -10 5. Measurement and Payment 5.01 Quantities and Measurements G -10 5.02 Estimated Quantities G -10 5.03 Price of Work G -11 5.04 Partial Payment G -11 5.05 Use of Completed Portions G -11 5.06 Final Completion and Acceptance G -12 5.07 Final Payment G -12 5.08 Payments Withheld G -12 5.09 Delayed Payments G -12 6. Extra Work and Claims 6.01 Change Orders G -13 6.02 Minor Changes G -13 6.03 Extra Work and Claims G -13 6.04 Time of Filing Claims G -14 6.05 Arbitration G -14 7. Abandonment of Contract 7.01 Abandonment by Contractor G -15 7.02 Abandonment by Owner G -16 TC -2 1 1 1 1 1 1 1 1 1 1 1 MSP GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Document, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of the Agreement. 1.03 SUB - CONTRACTOR. The term Sub - Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes ma terial worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, service, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be of good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and Alterations ", herein. G -1 MSP 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER- ENGINEER RELATIONSHIP. The ENGINEER will be the OWNER'S representative during construction. The duties, responsibilities, and limitations of authority of the ENGINEER as the OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting any of the work. 2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRACTOR constitutes a representation to the OWNER of ENGINEER'S professional judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to CONTRACTOR shall not be deemed as a representation by ENGINEER that ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used the moneys paid on account of the Contract price. 2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents and the ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGINEER fail to make such decision within a reasonable time, appeal to arbitration may be taken as if his decision had been rendered against the party appealing. G -2 MSP 2.05 OBJECTIONS. In the event the ENGINEER renders'any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the ENGINEER within thirty days his written objection to the decision, and by such action reserve the right to submit the question so raised to arbitration hereinafter provided. 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the CONTRACTOR'S expense. 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications, and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the ENGINEER, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including, but without limitation, G -3 MSP the propriety of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives, whether called to the CONTRACTOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. 2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. 2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or setting drawings and schedules required for the work of the various trades, and the ENGINEER SHALL PASS UPON THEM WITH REASONABLE PROMPTNESS MAKING DESIRED CORRECTIONS. The CONTRACTOR shall make any corrections required by the ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the G -4 MSP propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.13 PRELIMINARY APPROVAL. .,The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including, but without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the ENGINEER, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re- examination and replacement shall be borne by the CONTRACTOR; otherwise, the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract. 2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under "Extra Work ". In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. G -5 MSP 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. 3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or locations on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work, thereby causing loss the the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the G-6 I 1 1 1 1 1 1 MSP course of the work by the act of negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificated of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included on the CONTRACTOR'S proposal. 3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. G -7 MSP 3.13 PROTECTION AGAINST CLAIMS OF SUB - CONTRACTORS, LABORERS, MATERIAL MEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the lawful demands of Sub - contractors, laborers, workmen, mechanics, material men and furnishers of machinery'and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature herein above designated, have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either the CONTRACTOR or his Surety. 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer is specified or required by the OWNER; provided, however, if choice of alternate design, device, material or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without notice to the ENGINEER, he shall bear all cost arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature G -8 MSP of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. 3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless the OWNER and the ENGINEER and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and (2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (1) Workmen's compensation claims, disability benefits and other similar employee benefit acts; (2) Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; (3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual bodily injury liability coverages; and (4) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen day's prior written notice has been given to the OWNER. G -9 MSP The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all Sub - contractors. 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that the conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the ENGINEER; provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing of the cause of such delay. 4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where to work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgement of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5. MEASUREMENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and /or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimated, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimated the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for G-10 MSP payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any indifferences which may be found between the quantities of work actually done, the material furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) percent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. ' Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work ". 5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 PARTIAL PAYMENTS. On or before the 1st of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month. The engineer shall prepare and review said estimate and deliver to the Owner by the 5th of each month. The OWNER shall then pay the CONTRACTOR on the 10th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may determine. G -11 MSP The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non - acceptance. 5.07 FINAL PAYMENT. This item of the "General Conditions of the Agreement" is to read as follows: Final Payment, less any previous payments made to the Contractor, and less any penalties, will be made when all work covered under this Contract is complete, has been approved by the Engineer, has been accepted in writing by the City of Austin, and the Contractor has submitted to the Engineer proof of payment of all materials used on this project. 5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR of the sum named in any partial or final statement, when payment is due, then the OWNER shall pay to the CONTRACTOR, in addition to the sum, shown as due by such statement, interest thereon at the rate of six (6) percent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments," until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless such payments are withheld in accordance with the provisions of "Payments Withheld." G -12 MSP 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change, In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. I 6.02 MINOR CHANGES. The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or I alteration authorized by the ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writing shall advise the OWNER of his request to the I ENGINEER for a written Hold Order and that the work involved may result in an increase in the Contract Price. I Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis for compensation to the CONTRACTOR ' for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: I Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the I Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then I the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on I machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, I Old Age Benefits and other payroll taxes, and, a ratable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any I law or ordinance, or directed by the OWNER, or by them agreed to. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or I OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the G -13 MSP prices for the use of machinery and equipment shall be determined by using one hundred (100) percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable, the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15) percent of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter; otherwise, there shall be three: one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the party fail to choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter. Should de either herd party refuse writing, the neglect to supply the arbiters with any papers or arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under this contract shall be a condition precedent to any right or legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. G -14 NSF The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in ease the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7.01.1 The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and /or his Surety shall pay the amount of such excess to the OWNER, or 7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of of, the work, may let the contract'for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract, the CONTRACTOR and /or his Surety shall be credited therewith. G -15 MSP When the work shall have been completed the CONTRACTOR and his Surety, shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and /or his Surety, or the. OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and /or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR and /or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and /or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that after actual written notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the work, and belong to the persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail to refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due to the CONTRACTOR, under the terms of this Agreement. G-16 CD- 1526 -S &D SPECIAL CONDITIONS OF THE AGREEMENT In all cases of "Special Conditions of the Agreement" conflict with the "General Conditions of the Agreement ", these special conditions will govern. DEFINITION OF TERMS This item shall be as set out in the "General Conditions of the Agreement ", except that the term "Engineer" is understood to mean the Engineer for the Owner, and /or the City of Round Rock, which provides resident inspection of the work to be completed under this contract, as applicable. LIQUIDATED DAMAGES FOR DELAY The Owner may withhold permanently from the Contractor's total compensation for the work under this Contract, the sum of Five Hundred Dollars ($500.00) per day for every calendar day beyond the specified number of calendar days agreed upon for the completion of the work herein specified and contracted for. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to: (a) Any preferency, priority, or allocation order duly issued by the Government; (b) Unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and severe weather; (c) Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. TIME AND ORDER OF COMPLETION This item shall be as set out in the "General Conditions of the Agreement ", except as follows: The Contractor further agrees that he will commence work within ten (10) calendar days of date written notice to do so shall have been given to the Contractor, and will progress therewith so that the work shall be completed within 90 calendar days after the date of the written notice to commence work. By the term "completed" is meant that all the work included in this contract is finished, has been approved by the Engineer, and has been accepted, by written letter, for maintenance by the City of Round Rock. RRSCA -1 CD- 1526 -S &D MEASUREMENT AND PAYMENT Partial Payment: This item of the "General Conditions of the Agreement" is to read as follows: The Contractor shall prepare and deliver to the Engineer a statement showing as completely as practicable the total value of the work done by the Contractor up to the time payment requests are due to the Owner. The statement shall not include the value of any materials delivered to the site unless such a request is granted by the Owner in writing prior to submitting a statement. Request for payment delivered to the Engineer by the 1st of the month shall be paid by the 15th of the same month. The Owner shall pay the Contractor the total amount of the Contractor's statement less ten percent (10 %) of the amount thereof, which ten percent (10 %) shall be retained until final payment, and further less all previous payments, and further less all further sums that may be retained by the Owner under the terms of the Agreement. Contractor shall attach a legally notarized "Affidavit of Account" form to each pay request submitted. Copies of this affidavit are available upon request from the Engineer. Partial payments made by the Owner to the Contractor are monies advanced solely for the purpose of assisting the Contractor to expedite the progress of the construction and in no way constitute acceptance or approval of any work. All completed work covered by such partial payment shall remain the property of the Contractor and he shall be responsible for the care and protection cf all materials and work upon which the payments have been made. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and in place, and to the satisfaction of the Owner in all details. Final Payment: This item of the "General Conditions of the Agreement" is to read as follows: Final Payment, less any previous payments made to the Contractor, and less any penalties, will be made when all work covered under this Contract is complete, has been approved by the Engineer, has been accepted in writing by the City of Round Rock, and the Contractor has submitted to the Engineer proof of payment of all materials used on this project. PERMITS The Contractor for this project shall be responsible for obtaining all construction permits required to complete the construction of that portion of the project covered by this contract. RRSCA -2 CD- 1526 -S &D EXISTING UTILITIES The locations of existing utilities shown on the plans are approximate, only. Failure of an existing utility to be shown on the plans does not release the Contractor from all liability incurred due to damage or disruption of service. SEQUENCE OF CONSTRUCTION The sequence of construction of this project is to be as follows: 1. Contractor is requested to begin work on June 2, 1986. 2. Street right -of -way clearing, grubbing, cleaning up, removal of existing facilities, and location of existing underground facilities. 3. Subgrading streets, embankments, ditches, dikes, and disposal of excess excavation materials. 4. Blasting for all installations, as required, installation of sanitary sewer within Cusing Drive right -of -way (minimum required under this phase), and relocation of existing water lines in Cushing Drive. 5. Drainage installation in Cushing Drive and School Days Lane and completion of sanitary sewer in School Days Lane. 6. Final subgrading, placing of curbs and gutters and street pavement, and all other items necessary to complete this project. The owner is requesting substantial completion on or before August 29, 1986. This is to avoid construction activities on Cushing Drive during regular school hours because an elementary school is located at mid -block with no other access in or out. The Engineer may elect at any time to change the above order of construction and the Contractor shall be required to conform to such changes. CONSTRUCTION STAKING Unless specified elsewhere, the cut sheets will be provided by the Owner. Construction staking will be paid by the Owner to the Engineer. The Contractor shall provide the Engineer a minimum of forty -eight (48) hours notice for construction staking. Four copies of cut sheets and one copy of field book shall be issued to the Public Works Department. PROTECTION OF STAKES, MARKS, ETC.: All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Engineer at the Contractor's expense before the Contractor's estimates on the work complete will be cleared for payment. RRSCA -3 CD- 1526 -S &D PROTECTION OF PROPERTY AND RIGHT -OF -WAY The Contractor shall work diligently and continuously in regard to the existing typographic features of the adjacent properties. Care shall be taken so that destruction of private property shall be minimal if at all. All existing topographic features destroyed or disrupted by the Contractor which are not covered by specific bid items shall be replace at the Contractor's expense. CONTINUANCE OF THE COURSE OF THE WORK UNDER THIS CONTRACT The Contractor hereby agrees that he shall work diligently and continuously toward the completion of this contract and shall not remove the labor force or equipment required for this project site to work on any other project until all the work included in the contract is complete and accepted in writing by the City of Round Rock. POSSIBLE CHANGES BY THE CITY OF ROUND ROCK The City of Round Rock may require certain changes, deletions, or additions, not now known to Owner or the City of Round Rock during the construction of this project. Before the City will accept the final construction of this project, the Contractor shall comply with these changes under the terms of this contract; compensation for such work shall be in accordance with unit bid items for similar work of this contract, or be negotiated price on lump sum items and items not covered by the Proposal. All changes, deletions, or additions required by the City shall be promptly brought to the attention of the Engineer for the Owner and approval of said Engineer shall be obtained by the Contractor prior to comurencing work on any such changes; otherwise, Owner shall not be obligated to pay for such work. SUBLETTING OF CONTRACT The Contractor on this project shall not sublet the work to be done under this contract or any portion thereof without the expressed written consent of the Owner. The Contract shall submit to the Cwner a list of all subcontractors to be used on this project prior to commencing work. Should the Owner find any of the proposed subcontractors to be objectionable, the Contractor and the Owner shall arrive at a mutally agreeable substitute prior to commencing work. The subletting of any portion of the work shall not release the Contractor from his obligations regarding that portion of the work and shall be considered to have done the work. MAINTENANCE BOND Per City of Round Rock Ordinance, a two -year (2) maintenance bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the P.I. of the subgrade is above 25. All other construction will require only a one (1) year maintenance bond in accordance with City specifications. RRSCA -4 CD- 1526 -S &D EXCAVATION All excavation shall be unclassified. All excess excavation shall be disposed of as directed by the Owner or his Engineer. Any excess excavation which is not disposed of on the site shall become the property of the Contractor, who shall then be responsible for the disposal of said excavation. INSPECTION This project will be subject to periodic inspection by Carlson & Dippel's Engineer to confirm that the construction practices and materials are in compliance with the City standards of construction and specifications. The Owner shall also provide an Inspector to review the quality of materials and workmanship. CONTRACT CHANGES The Contractor shall not make any changes to the Contract Quantities without written authorization from the Owner. Any field changes in quantities, type of materials to be used or any item not covered under the signed contract must be submitted to the Owner for approval. Any change from the original Contract, not approved in writing by the Owner, installed by the Contractor in the field will be done at his expense. If engineering review of the unauthorized field change proves to be in error, then the Contractor shall remove said field change at his expense. CROSSING UTILITIES Every attempt has been made to locate existing utility lines. However, prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense; however, where such is not the case, the Contractor will cause such work to be done at his own expense. "AS- BUILT" DRAWINGS The contractor shall mark all changes and revisions on all of his copies of the working drawings. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall deliver this correctly marked set of drawings to the Engineer. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who, without delay will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. RRSCA -5 CD- 1526 -S &D LIMIT OF FINANCIAL RESOURCES It shall be understood by all that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per Change Order. COORDINATION WITH UTILITY COMPANIES The Contractor shall be responsible for contacting the appropriate utility company when working in the vicinity of its facilities to ensure safety and guard against damage. The following are names and phone numbers for the various companies: 1. Lone Star Gas - Transmission Lines: (512) 244 -3652 Kenneth Brown - Distribution Lines: 2. Southwestern Bell Telephone: 3. Texas Power & Light Company: 4. City of Round Rock (water & sewer): (512) 244 -3652 Charlie Henson, Records & Engineering (512) 870 -5202 Bob Starke (512) 255 -3666 Leslie Davis 5. Round Rock Cable TV (512) 255 -1185 Frank Fontana (512) 255 -3612 Hank Morris, Inspector Jim Muse, Director of Public Works LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Cwner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bid. Any question arising as to the limits of work shall be left to the interpretation of the Engineer. RRSCA -6 CD- 1526 -S &D COPIES OF PLANS AND SPECIFICATIONS The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor three (3) sets of conforming Contract Documents, Technical Specifications, and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. UTILITY SERVICES FOR CONSTRUCTION AND TESTING The Contractor will be responsible for providing his own utility services during construction and testing. No additional payment will be made for this time. BLASTING When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly flammable materials, shall conform to Federal, State, and Local Laws and Ordinances. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300,000 for each contract, at least twenty -four (24) hours prior to using explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The Contractor shall notify the City of Round Rock on every occasion at least twenty -four (24) hours prior to the use of explosives. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineer. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the Inspector, the permit, or by safe blasting practices. 5. The Engineer or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 6. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. (The Contractor is fully responsible for all claims resulting from his blasting operation.) RRSCA -7 CD- 1526 -S &D All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. RRSCA -8 CD- 1526 -S &D STANDARD SPECIFICATION NOTICE The current City of Austin Standard Construction Specifications for Public Works and Water and Wastewater Construction and the City of Austin Drainage Criteria Manual are incorporated into this project by reference and they shall be applied to this project except as modified in specifications and on the plans. Wherever the term "City of Austin" is used in the Austin specifications, it shall be construed to mean the City of Round Rock. The materials and construction methods used to construct this Project shall conform to the current Standard Specifications for Public Works and Water and Wastewater Construction of the City of Austin and all modifications noted herein and on the plans. These specifications will be included as part of the Contract for this work. Each prospective bidder should be familiar with all the provisions of these specifications which are enclosed in this Contract. These Standard Specifications are on file in the office of the Engineer and may be inspected at the request of each prospective bidder. MODIFICATIONS: STREET, DRAINAGE AND UTILITY CONSTRUCTION 1. Subgrade density tests are required prior to depositing base material. 2. Base density and thickness tests are required prior to application of prime coat. 3. All testing shall be made by an independent laboratory at the Owner's expense. An authorized representative of the Owner shall be present when such tests are made. The number of individual tests required shall be determined by the City Engineer or his authorized representative. All retests shall be made at the contractors expense. 4. Pavement surface shall be Type "0" hot -mix, hot -lay asphaltic concrete with a minimum asphalt content of 5 %. 5. Backfill behind curbs shall be compacted to obtain a minimum of 95% of maximum density. Material used for curb backfill shall be primarily granular (clay material with P.I. greater than 35 are prohibited) and free from stones larger than 11" in their greatest dimension. A 3" layer of sandy loam topsoil shall be placed on the backfill up to finish grade. 6. Water mains shall be PVC; Ductile Iron, cement lined Class 50; or asbestos cement pipe, Class 200. The type, size, and class of pipe shall be shown on plans. 7. PVC Pipe used for water mains shall conform to AWWA C -900. 8. Gate valves shall be Mueller Iron -body gate valve with ends as shown on plans. 9. Water line service material shall be Type "K" copper tubing or 250 PSI polybutylene. 10. Density of backfill for utility trenches under pavement shall be tested, by an independent laboratory. The first test will be paid for by the Owner, and an authorized representative of the Owner shall be present when such tests are made. All retests shall be paid for by the Contractor. Specifications -1- CD-1526-S&D II. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required and furnish all equipment and material for same in accordance with Item 10 above. 12. Sterilization of mains shall be done under the supervision of the City and the Contractor shall perform such sterilization and furnish all material and equipment for same. The City will be responsible for bacteriological tests. 13. Wastewater pipe shall be PVC SDR 35. 14. The type and size of pipe shall be shown on the plans. 15. The type of manhole shall be shown on the plans. All references to payment for work contained in the Standard Specifications for Public Works and Water and Wastewater Projects for which there is not a corresponding pay item in the Proposal, as included in this Contract, will be considered as incidental to other items of the Contract, and no separate payment will be made. For information purposes only the pay items and corresponding applicable specification as denoted in the Standard Specifications for Public Works and Water and Wastewater Projects are listed below. Any omission of applicable specifications in the below list will not relieve the Contractor of the responsibility of abiding by the City specifications or additional compensation. Pay Item No. Applicable City of Austin Specification 1 Reference Supplemental Specification "Earthwork" 2 #210 - Flexible Base 3 #340 - Hot Mix Asphaltic Concrete Pavement 4 #430A, 43IA - Concrete Curb & Gutter 5 #432 - Concrete Sidewalk 6 036 - Concrete Valley Gutter 7 #433 - Concrete Driveways 8 #710 - Barricade 9,10,34 #104-A,B,C - Removal of Concrete 11 Reference Supplemental Specification "Striping - Street" 12 Reference Supplemental Specification "Wood Fence" 13,25-29,32,33 #510 - Miscellaneous Structures & Appurtenances 14-22 #501-A - Precast Concrete Pipe 23,24 #520 - Concrete Box Culvert 30,31 #510 - Miscellaneous Structures & Appurtenances and Supplemental Specification "Raising Castings" 35 VIIA-7.1 - Pipe 36 VIIA-7.2 - Manholes and Supplemental Specification "Raising Castings" 37,38 Reference Supplemental Specification "Raising Castings" 39 Reference Supplemental Specifications "Relocate Water Meter" 40,41 Supplemental Specification "Relocate Existing Meter Lines" 42,43 Reference Supplemental Specifications "Erosion Control" Specifications -2- I CD- 1526 -S &D SUPPLEMENTAL SPECIFICATIONS Item 1 - Earthwork A. Scope This section covers the construction procedures for Earthwork. B. General The work covered by this item shall consist of preparing right -of -way, clearing and grubbing, excavation, embankment, subgrade preparation, removal of existing asphalt pavement and base material, and removal of existing driveway culvert pipes. The contractor will be responsible for compacting, shaping, and finishing of all earthwork on the entire length of the street and approaches in accordance with specification requirements herein outlined and in conformity with the required lines, grades, and typical cross- sections shown on the plans or directed by the Engineer. C. Specifications All street excavation shall be performed as specified herein and shall conform to the established alignment, grades, and cross - sections. The Contractor will be required to set blue -tops for the subgrades on centerlines at quarter points and curb lines at intervals not exceeding 50 feet. Suitable excavated materials shall be utilized, insofar as practicable in constructing required embankments. Unsuitable excavated materials or excavation in excess of that needed for construction shall be known as "Waste" and shall become the property of the Contractor and it shall become his sole responsibility to dispose of this material off the site, unless otherwise directed by the Owner. D. Basis of Payment This item will be paid for at the contract unit price bid for "earthwork ", which price will be full compensation for all work herein specified, and the furnishing of all materials, equipment, tools, labor, superintendence, and all other incidentals necessary to complete the work. Estimated quantity will be figured to be the entire length of the street, right -of -way to right -of -way. Item 11- Striping - Street A. Scope This section covers the requirements for striping the street as shown on the Plans. B. General The contract unit price will be considered full compensation for furnishing all materials, labor, superintendence, hauling, and all other incidental labor and materials necessary to complete item in place. Specifications -3- CD- 1526 -S &D C. Specifications Materials and procedure 'will be in accordance with the "1980 Texas Manual of Uniform Traffic Control Devices ". All paint shall be reflectorized. D. Basis of Payment This item to be paid for at the contract price per lump sum. Item 12 - Wood Fence A. Scope This section covers the requirements for relocation of existing wood fence. B. General The contract unit price will be considered full compensation for furnishing all materials, labor, superintendence, hauling, and all other incidental labor and materials necessary to complete item in place. C. Specifications The existing wood fence, approximately 560 LF, shall be removed from its present location and relocated along the property Tine. 475 LF of fence will be needed for relocation. The condition of the existing fence is good. It shall be used whenever and wherever possible for the relocated fence. Any new materials shall conform to the shape, size, and type of the existing wood fence. D. Basis of Payment This item shall be paid for at the contract price per linear foot of relocated fence. Items 23, 24 - Precast Concrete Box Culvert A. Scope This section covers the requirements for construction and precast concrete box culvert as called out in the plans. B. General The contract unit price will be considered full compensati all materials, labor, superintendence, hauling, and all labor and materials necessary to complete the item in excavation, reinforcing steel, concrete, joint material, manufacturing. Specifications -4- installation of a on for furnishing other incidental place, including backfilling, and CD- 1526 -S &D C. Specifications The precast concrete box culvert shall be a direct traffic type (0 -2' cover) with characteristics similar to "Texas SDHPT 1980 Standard Specifications Item No. 462). If any conflicts exist with the City of Round Rock specifications, the condition that is more restrictive shall prevail. D. Basis of Payment This item to be paid for at the contract price bid per linear foot. Items 37 & 3B - Raising Castings A. Scope This section will cover the requirements for the raising of manhole castings and /or valve castings. B. Specifications The contractor will be required to comply with the City of Austin Technical Specifications for water projects. C. Basis of Payment This item will be paid for at the contract unit price bid for "Raising Valve Castings" and /or "Raising Manhole Castings ", which price will be full compensation for furnishing all materials, equipment, tools, labor, superintendence, and all other incidentals necessary to complete the item. Item 39 - Relocate Water Meter A. Scope This section covers the requirements for relocating existing water meters. B. General The contract unit price will be considered full compensation fcr furnishing all materials, labor, superintendence, hauling, and all other incidental labor and materials necessary to complete the item in place. C. Specifications Materials shall be in accordance with existing City of Round Rock specifications and the construction plans. The existing water meters shall be moved from their present position to a point one foot away from the new sidewalks. The existing materials shall be used if possible. The previous meter location shall have a new piece of water service line spliced into place. Specifications -5- CD- 1526 -S &D D. Basis of Payment This item to be paid for at the contract price per each. Items 40,41 - Relocate Water Line A. Scope This section covers the requirements for relocating existing water lines. B. General The contract unit price will be considered full compenation for furnishing all materials, labor, superintendence, hauling, and all other incidental labor and materials necessary to complete the item in place, including wet connections and cutting existing pipe. C. Specifications Materials shall be in accordance with existing City of Round Rock specifications and the construction plans. The existing water lines shall be moved from their present position to avoid conflict with new drainage structures. Water line shall be placed ten feet (10') from new structure and shall tie back into existing line with forty -five degree (45 °) fittings as needed. Materials to be used shall be consistent with the type line that exists. D. Basis of Payment This item to be paid for at the contract price per linear foot. Items 42, 43 - Erosion Control A. Scope This section covers the requirements for erosion and sedimentation control. B. General The contract unit price will be considered full compensation for furnishing all materials, labor, superintendence, hauling, and all other incidental labor and materials necessary to complete the item in place. C. Specifications The materials shall be in accordance with the plans and the City of Round Rock Code of Ordinances on erosion and sedimentation control. The procedures to follow are as shown on the plans. Specifications -6- CD- 1526 -S &D Tree protection shall be included with "Maintenance of Temporary Erosion Control ". Any conflicts between the plans and the City of Round Rock Code of Ordinances shall be governed by the Code of Ordinances. D. Basis of Payment This item to be paid for at the contract price per lump sum. Specifications -7- CD- 1526 -S &D PLANS NOTICE The plans for the work, covered by this contract are under separate cover, but they are considered as attached and are a part of this contract. Also, the City of Round Rock Standard Details for Installation of Water and Wastewater, and for Public Works Construction, including all appurtenances, and all other details referred to in the Contract Documents are considered to be part of the Plans and are a part of this contract. INSURANCE FROM (hereinafter called the Principal), as Principal, and CONTINENTAL CASUALTY COMPANY, CHICAGO, ILLINOIS, (hereinafter called the Surety), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, 214 EAST MAIN, ROUND ROCK, TEXAS 78664 (hereinafter called the Obligee), in the amount of FOUR HUNDRED NINETY SIX THOUSAND ONE HUNDRED SIXTY AND 73/100 DOLLARS (S 496,160.73 for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9TH day of MAY 19 86 to CUSHING DRIVE AND SCHOOL DAYS LANE, which contract is hereby referrred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Princigal and Surety have signed and sealed this instrument this 9TH day of MAY 19 8 1- 23271 -A Continental Casualty Company CNA Plaza Chicago. Illinois 60685 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 (McGREGOR ACT — PUBLIC WORKS) (Penalty of this Bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS, That PAT CAN I ON EXCAVATING CO., P, 0. Box 908, MANCHACA, TEXAS 78652 STREET AND DRAINAGE IMPROVEMENTS ( )ra i l AiLAA , 14-4 BOND No. 9284744 LCASU• TY P ANY - w /NSURANC£FROM CI 1- 23272 -A Continental Casualty Company CNA Plaza Chicago, Illinois 60685 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 (McGREGOR ACT — PUBLIC WORKS) (Penalty of this Bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS, That PAT CAN I ON EXCAVATING Co., P. 0, BOX 908, MANCHACA, TEXAS 78652 (hereinafter called the Principal), as Principal, and CONTINENTAL CASUALTY COMPANY, CHICAGO, ILLINOIS, (hereinafter called the Surety), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, 214 EAST MAIN, ROUND ROCK, TEXAS 78664 (hereinafter called the Obligee), in the amount of FOUR HUNDRED NINETY SIX THOUSAND ONE HUNDRED SIXTY AND 73/100 DOLLARS (6 496,160,73 for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 9TH day of MAY 19 86 to COSHING DRIVE AND SCHOOL DAYS LANE, STREET AND DRAINAGE IMPROVEMENTS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Princip ll and Surety have signed and sealed this instrument this MAY 19 28 }Li ,A,ern 2z 6 BOND No, 9284744 9TH day of Contin'IBntal Casualty Company rwrURAASC CNA A N I L L I N O I S C O R P O R A T I O N POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY - IN - FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Wayne D. Searcey, Julie Molinare, Mercy Gil, Donna Bubak, Individua of Austin, Texas Its true and lawful Attorney -In -fact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory Instruments of similar nature — In Unlimited Amounts — and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -In -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys - - fact, subject to the limitations set forth In their respective certificates of authority, Shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 13th day of March 19 86 State of Illinois 1 - County of Cook {- ss On this -13th day of March 19 86 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview State of Illinois; that he is a Vice - President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 1 M. C. Vonnahme , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I Ave hereunto subscribed my name and affixed the seal of the said Company this 9TH day of M Y 19 00 CERTIFICATE CONTINENTAL CASUALTY COMPANY J, E, Purtell Vice President. Leslie A, Smith Notary Public. My Commission Expires November 12, 1986 M. C, Vo base Assistant Secretary. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY MOVE GATE INVAONYY) POLICY E(PIAATION DATE (MMI06'YYT LIABILITY LIMITS IN THOUSANDS !,Sac .'-5 '' EACH OCCURRENCE $ AGGREGATE $ �sta. t� - A :k GENERAL X LIABILITY COMPRESENSNE FORM PREMISES/OPERATONS UNDERGROUND EXS.OSION.R.=LUPSE. HAZARD OTC 039149869 6/30/85 6/30/86 BODILY INJURY $ PROPERTY DAMAGE PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY BI E PD COMBINED $ 1000 $ $ 1000 �~'•• • PERSONAL INJURY _ -� $ T Y� A AUTOMOBILE x X X © ■ ■ ■ LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASS) All OWNED AUTOS (Pfl PATMSS) HIRED AUTOS NON AUTOS GARAGE LIABILITY OTC 039149880 6/30/86 6/30/86 &IDLY $ 500 » q Mu )) $ 1000 $ 250 PROPERTY DAMAGE BI d PD COMBINED $ B EXCESS © LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM LIMB 1015235 6/30/85 6/30/86..&A, E0 $ 2000 $ 2000 ^ A A WORKERS' CCOMMPENSATION EMPLOYERS' LIABILITY 72 02665859 6/30/85 6/30/86 STATUTORY '3{ &l n 1 \1 A NT) $ 100 (EACH ACCIDE �".. $ ( DISEASE - POLICY LIMIT) inn ?s^ " ;--; $ 1 ((DISEASE - EACH EMPLOYEE) OTHER tf'. sCO RAGES x INSURED F- PAT CANION EXCAVATING CO. P. 0. Box 908 MANCHACA, TEXAS 78652 am- A USF &G LETTER Y C COMPANY LETTER COMPANY E LETTER ICO PRODUCER STOKES & SEARCEY AGENCY, INC. z 2520 I.H. 35 SOUTH, SUITE 200 AUSTIN, TEXAS 78704 PHONE: 512-444-7466 THE CITY OF ROUND ROCK 214 EAST MAIN ROUND ROCK, TEXAS 78664 • elOFINSU THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 CONDI- TIONS OF SUCH POLICIES. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRA'TNN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL J DAYS WRITTEN NOTIC TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT I RE TO MAIL SUCH % MS _1 IMPOSE NOOBUGAT•': LIABILITY OF AN U ON THE COMPA ,T ITS A. TS OR REPRESENTATIV CANCELLATION DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS - - - - k PROJECT: CUSHING DRIVE AND SCHOOL DAYS LANE, STREET AND DRAINAGE IMPROVEMENTS R WAYNt COMPANIES AFFORDING COVERAGE