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R-86-910 - 8/28/1986ATTEST: J NNE LAND, City Secretary RESOLUTION NO. 9/0/e WHEREAS, the City has duly advertised for bids for French Drains on Stratford Drive; and WHEREAS, CNde,__ Uf(P_11 , submitted the lowest and best bid; and WHEREAS, the Council wishes to accept the bid tl of (i .'1 /(lW , and to authorize the execution of the necessary documents; Now Therefore BE IT RESOLVED BY THE / COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of t) SiAlt,CGO , is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement for French Drains on Stratford Drive. RESOLVED this 28th day of August, 1986. 74 /la-, MIKE ROBINSON, Mayor City of Round Rock, Texas PROJECT: Stratford Dr. French Drains BID OPINING: August 19, 1986 • CITY OF ROUND ROCK, TEXAS win' TABULATION OF BIDS Anthony Bros. Const. Co. Psencik Const. Co. Welcon Services, Inc. ITEM NJ. EST. QUANT. DESCRIPTION UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL j UNIT PRICE TOTAL 1 750 LF Perforated Pipe $33.00 $24,750.00 $32.40 $24,300.00 $12,43 $9,322.50 2 25 SY 10" cement stab.base 10.00 250.00 36.80 920.0C 24.12 603.00 • 3 15 SY 11" HMPC 4.00 60.00 47.50 712.50 22.00 330.00 4 200 SF Concrete Fillet 7.75 1,550.00 10.70 2,140.00 4.40 880.00 5 390 SF Concrete Driveway 8.00 3,120.00 4.45 1,735.50 3.16 *1,232.40 Bid Bond or Cashiers Check Yes Yes Yes Grand Total $29,730.00 , $29,808.00 $12,367.90** I,Alvin L.Wille, certify that this bid tab is correct. /J/f 12€1 %it 1/ 86 * Corrected Extension ** Corrected Tbtal . 1 Public Works Dept. date City of Round Rock CITY OF ROUND ROCK, TEXAS 1986 INSTALLATION FRENCH DRAINS STRATFORD DRIVE 5.0 TAPLE OF CONTENTS NOT 1 CE TO F3 1 D DER E NOPICE 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., August. 19, 1986 , and then publicly opened and read aloud at that time and place, for construction of French Drains, involving approximately 750 feet of perferated PVC, some concrete and related work. Bids will be submitted in sealed envelopes for each contract on the Proposal furnished and marked in the upper lefthand corner, "Bid for _ Stratford Drive French Drain, to be opened at 2:00 p.m., Tuesday, August 19, 1986 . Prospective bidders may receive a copy of the bid documents from the _ p,bl,, wort Building at ?00 South Blair St Round Rock, Texas. A $ _0_ deposit will be required. Plans and Specifications furnished to prospective bidders remain the property of owner and shall be returned to the owner within five (5) working days for a Lull 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 nob loss 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 o zha1,1 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. Publish Dates: Aug. 4, 1986 • Aug. 7, 1986 Aug. 11, 1986 Aix;. 14, 1986 City of Round Rock Owner • 1 N ST RUCT 1 ONS . 1 - 0 o 1 DDERS I■SIRUCITON TO BIDDERS 1. Proposal Forms All bidders shall use only the proposal form furnished by the City of Round Rock which will state the location and description of the proposed work, approximate quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked, and the time in which the work is to be completed. The proposal form will also contain any special conditions of agreement or special provisions. 2. Estimates of Quantities The quantities listed in the proposal form shall be considered as approximate and will be used for camparison of proposals. Payment to the contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the contract, and it is understood that the quantities may be increased or decreased as provided in the General Conditions of Agreement without in any way invalidating the unit bid prices. 3. Plans, Specifications and Site(s) of Work Before submitting a proposal, the bidder shall examine carefully the proposal, plans, specifications, special conditions of agreement, special provisions, contract forms and site(s) of the proposed work. He shall satisfy himself as to 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 oueplied 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. 4. Preparation of Proposal The bidder must submit his proposal on the form furnished by the City of Round Rock. The blank spaces for each item in the proposal form shall be correctly filled in, by writing in words and numerals, in ink. The bidder must submit a price for each item in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern. The proposal shall be executed with ink in the complete and correct name of the individual, firm or corporation making the proposal and signed by the person or persons authorized to bind the individual, firm or corporation. The bidder shall properly acknowledge all addenda in the spaces provided therefor on the proposal form. The unit bid prices shall not include sales tax on materials, supplies, equipment used or consumed in the performance of the contract. The City of Round Rock will furnish the contractor with a tax exemption certificate to be issued to his retailer in lieu of the tax. Persons desiring further information or interpretation of the plans or specifications must make a written request for such information to the engineer prior to forth -eight (48) hours before the time set for the opening of proposals. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the plans, specifications and contract documents wil be made by addendum only and a copy of each addendum will be mailed or delivered to each person to whom a set of such documents has been furnished. The City will not be responsible for any other interpretations of the plans, specifications or contract documents. 5. Rejection of Proposals Proposals containing any omission, alteration of form, additions or conditions not called for, incomplete bids or proposals otherwise regular which are not accompanied by acceptable proposal guaranty will be considered irregular and may be rejected. In any case of ambiguity or lack of clarity in stating the prices in the proposal, the City of Round Rock reserves the right to consider the most advantageous construction thereof, or to reject the proposal. Unreasonable or unbalanced unit bid prices will be cause to reject any proposal. 6. Proposal guaranty Each proposal must be accompanied by a Cashier's or Certified Check payable to the City of Round Rock, 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 bonds on the forms provided within ten (10) days after notice of award of contract to him. 7. 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 City of Round Rock, project 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 Notice to Contractors. 8. Withdrawal of Proposals Any bidder, upon his written request, will be given permission to withdraw his proposal not later than the time set for the opening thereof. 9. Disqualification of Bidders The following are some of the causes which may be considered as sufficient for the disqualification of a bidder and the rejection of his proposal: More than one proposal for the same work from an individual, firm, partnership or corporation. Evidence of collusion amoung bidders. Poor performance in the execution of work under previous contracts. For being in arrears on existing contracts, in litigation with the City, or having defaulted on a previous contract. 10. Consideration of Proposals For the purpose of award, after the proposals are opened and read, the summation of the products of the approximate quantities shown in the proposal by the unit bid prices will be considered the amount of the bid. The summations will then be compared and the results made available to the public. The City of Round Rock reserves the right to reject any and all proposals and waive technicalities as may be considered to be in the best interest of the City. If required, a bidder shall submit a properly executed contractor's qualification statement within 10 days after bids are opened on a form to be provided by the City of Round Rock. 11. Submission of Post bid Information Upon request by the Engineer, the selected bidder shall within seven days thereafter submit the following: (1) A designation of the work to be performed by the bidder with his own forces. (2) A list of names of the Subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the work as may be designated in the bidding documents or, if no portions are so designated, the names of the Subcontractors proposed for stated portions of the work. The bidder will be required to establish to the satisfaction of the Engineer and the City the reliability and responsibility of the proposed subcontractors to furnish and perform such portions of the work. Prior to the award of the Contract, the Engineer will notify the bidder in writing if either the City or the 12. Award of Contract Engineer, after due investigation, has reasonable and substantial objection to any person or organization, the bidder may, at his option, withdraw his bid without forfeiture of bid security, notwithstanding anything to the contrary contained herein. If the bidder submits an acceptable substitute with an increase in his bid price to cover the difference in cost occasioned by such substitution, the City may, at its discretion, accept the increased bid price or may disqualify the bidder Subcontractors and other persons and organizations proposed by the bidder and accepted by the City and the Engineer must be used on the work for which they were proposed and accepted and shall not be changed except with the written approval of the City and the Engineer. Only one contract will be awarded for all of the work called for in the plans and specifications. The award of the contract, if awarded, will be to the lowest responsible bidder meeting the requirements of the City of Round Rock and will be made within thirty (30) days after opening of the proposal, except by mutual agreement between the parties or as specified by special provision. 13. Return of Proposal Guaranties The propoe 1 guaranties accompanying the proposals may be retained until the contract is awarded and the successful bidder executes the contract and furnished the required bonds, after which they will be returned to the bidders. 14. Execution of Contract and Bonds The contract will include the Notice to Contractors, Instructions to Bidders, Proposal, General Conditions of Agreement, Special conditions of Agreement, Special Provisions, Specifications, Plans and any addenda issued. The general form of the contract and the General Conditions of Agreement are on file in the office of the Director of Engineering and may be inspected at that office. Within ten (10) days after award of the contract, the successful bidder shall execute the contract and furnish the City of Round Rock with performance bond and payment bond each in the full amount of the contract price, executed by a surety company acceptable to the City of Round Rock. The bonds are to be furnished as a guarantee of the faithful performance of the work and for the protection of the claimants for labor and material. 15. Approval of Contract The contract will be approved and signed by the City Manager under authority of the City Council. The contract will not be binding upon the City until it has been executed by the City and delivered to the contractor. 16. Failure to Execute Contract and Bonds Should the bidder to whom the contract is awarded refuse or neglect to execute the contract and furnish the required bonds within ten (10) days after notice of award of the contract, at the option of the Engineer the bidder's proposal guaranty shall became the property of the City of Round Rock, not as a penalty, but as liquidated damages or the City may pursue any other action allowed by law. 17. Beginning of Work The contractor shall commence work on a date to be specified in a written work order issued by the City of Round Rock and shall substantially complete the work within the number of days stated in the contract. 18. Wage Rates The attention of the bidder is directed to the fact that the contractor must pay not less than the rates legally specified by the Minimum Wage Scale: Specified and regulated by the State of Texas and the Federal Government. Jack Harzke City Manager Round Rock, Texas LI Proposal To The City of Round Rock Date A !Ri ST 1 q , 19 p Dear Sir: The undersigned, in compliance with your i_ivitation for bids for construction of Stratford Drive French Drains (Contract Number ) (C.I.P. Project Number 86 i) for - the City of Round Rock, Texas, having examined the _plans specifications and bidding documents, the sit of the proposed work, and being familiar with all of the conditions surrounding 'construction of the proposed project; proposes to furnish all labor, material and equipment and perform all work required for construction of the pro in accordance with the plans, specifications and Contract Documents - for the following prices: Did Item Qv-n;S; Unit Ilam Dcscrigtlon ar.a'. +rlltnn Un;t Prfco Unit Pirko r Amount . - 1 750 IF Perforated Pipe $ 12 ✓ 3 ___ $ C i , .2.Q ,! n Complete in place per foot for Tjupt uF dollars and FO PrY - ' T H cents 7s SL 10" rammnt ¢tnhi 1 7Pd $ 2H, 12 $ 6.o3,O(, flPV4h1P ha SP re-Tm ln1'P in IllnrP per cq y9 for Ti a ;pAr Fr-v 1 IZ dollars 1U)1~I_UP cents and ____I_ 15 Sy. 1 4" HIM1C $X22 ■ Oo $ 3 3n r D O np P 1 dace Per cc3 y l for T,Jrl dTY- T wn dollars and JQ cents 4 200 SF Remove & replace $ } 4. 4 40 $ 830,oc concrete fillet canplete in place per sc.ft. for rot k dollars FOgri cents and "i90 _55, Concrete Driveway $ 3,16 $i,9, _ complete in place per sq. ft. for T}'HE E dollars 6iicra cents and $ $ for dollars cents and TotalAmountBid Io2.,..foq,Qn Proposal Enclosed with this proposal is a (Cashier's or Certified Check payable to the City of Round Rock) (Bid Bond) in the amount_ of e=,') , r irHr P4 AND FiirL? J (Dollars) ($4,1Z.;() ). It is agreed that in the event this proposal is accepted by the City of Round Rock and the undersigned bidder fails to execute a Contract and furnish performance and payment bonds within ten (10) days after notice of award of contract to him, the proposal guaranty shall become the property of the City of Round Rock, as liquidated damages for delay and inconvenience; otherwise, said check or bond shall be returned to the bidder after the successful bidder has executed a contract and furnished the required bonds. The undersigned bidder also agrees to camience work within ten (10) days after written notice to do so and to substantially complete the work on which he has bid within 30 04MtirAMO2 (calendar) days. The undersigned acknowledges receipt of the following addenda: Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Se re //a e �ry, i Contractor is a Co ration (AJELCn )NC ntractor Pfe F_S I i RA! T Title �07?> l�dl ST 0111 S7(Pl Address ' 79 —Mg Southwlest National Bank P.O. -Box 3136, Austin, Taos 78764 -3136 REMITTER PAY TO THE ORDER OF Welcon Services MEMBER FDIC City of Round Rock***. - PAY I:: XACTLYW CASHIER'S CHECK NOTICE: The purchase of an indemnity bond will be required before this check will be replaced or refunded in the event R is lost, misplaced, or stolen. DATE AUG. 19 85 of 1- ) $618.50 * ** 80-0085 1149 e030460 i 1490885 2f: 0000m002 70 I Di 1 i and all extra work in connection therewith, under the terms W3 stated in the General Conditions of _ Agreement; and at his, (or their) own proper coat and expense to furriah all 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 General Condition. of Agreement, and in ac- cordance with the Plana: which includes all maps, plats, blue prints and other drawings and printed or I written explanatory .matter thereof, and'. the Specifications therefor, as prepared or approved by herein entitled the Engineer, each of which hoe been identified by the endorsement of the Contractor and the Engineer ' thereon, together with the Contractor's written Proposal, the General Condition of Agreement, and the Construction Sonde hereto attached all of which aro made a part here :f and collectively evidence and conetituto the entire contract. The Contractor hereby agrees to commence work within ten (10) days aft or the date written notice to do so shall have been given to him, and to.eubetant[ally complete same wi'hin : 30 xtwotkingt (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 tLe contract in accor- dance with the Proposed ,aubmitted therefor, subject to addition and deduction, as provided in the General Condition of Agreement, and to make payments on account thereof as provided therein: In Witness .Wher'eof,The parties to these presenta.have executed'. this Agreement in the year and day settee. 1 STATE OF TEXAS. COUNTY OF WIl L msoN _ THIS {AGREEMENT; made and entered into this • ' ' day of _ 19 ' a e - by and between The (9 tat of Rrn,nrl urs:-k V acting through thereunto, dub authorized eo to do, Party of the Piret Pert; hereinafter termed Owner, and of the City of , County of. and State of , , Party of the Second Part, hereinafter termed Contractor. Witneseoth:.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 said Party of the Firat Part (Owner) to commence. and complete the construction of certain improve - ments descd6ed as follows : - Frenr•h`nra na at ctral nri v arty of e u , i Part (Contractor) Notary or City Clerk r ■ n Scdatary, if Contractor is . Corporation --- �,(�L�� STATE OF' TEXAS COUNTY OF Know All Men By These Presents The of the City of County of and State of P authorized under the laws of the State of Texas to act as surety on bonds for principals. are held and firmly bound unto � , (Owner) in the penal sum of " Dollars f i _ v:�/ ,) for the payment whereof, the said Principal and Surety bind themselves. and their heirs, admiaietratore executors, suc- cessoors and assigns, jointly and severally, by these presents:; r %v Whereas, the Principal bas entered into a certain written contract with the Owner, 'datd t heme to which contract is hereby referred to and made a part hereof as fully, and to the extent as if eoplee at length herein. kF. F Now, Therefore, The Condition of Tide Obligation i:e Such, that if the said Principal shell fai y p - form said Contract and shall in all respects duly and faithfully observe and perform all and singulsr the covenants, conditions and agreements in and by said contract agreed and. covenanted by the Principedto • r be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect: pj'= y Provided, However, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied length harem Surety, for value received, stipulates and agrees that no change, extensioa of time, alteration or addition to the tense of the contract, or to the work performed thereunder or the plans, specifications, or draw- ings accompanying the same, shall in anywise effect its obligation on this bon and it does hereby waive notice of any such change, extension of time, alteration or addition to the tes of the con tra ct, or to the work to be performed thereunder. 1. In Witness Whereof, the said Principal and Su have signed sad sealed -, day of 19 • . B Title Address The name and address of the Resident Agent of Surety Note: A copy of the Surety Agent's "Pow d Ammar meet in 1 1 THE STATE OF TEXAS 1 1 1 1 1 1 1 1 1 1 COUNTY OF WILLIAMSON T +IAT, PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS of the City of County of and State of . as principal, and authorized under the laws of the State of Texas to act as surety on bonds for - -- -- - -_ principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (0WNER), in the penal sum of ($ for the payment whereof, the said Principal and SSu themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract .is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin- cipal shall pay all claimants supplying labor and material to him or a subcon- tractor 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 and all liabilities on this bond shall be determined in accordance with the provisions of and said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications or drawings accompanying the shall anywise affect its exxtensionn bond, it alteration does 1 the terms of the contract, or to the work to be performed thereunder. ' IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 19 ... ......... .... Principal Surety By ' Title 'Address 'The nao- anct 'r rir � 2f the Resdont Cert o of Insurance crora • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI N ONLY AND CONFERS NO RIGHTS UPON THE cERtIFICAts ititifR T I AT .. N A . 5 . .RLT 5 . R F.R. . H P• 1 I It - . W: NAME AND ADDRESS OF AGENCY Schutze'Insurance Agency, Inc. P.O. Box 3547 Austin, Texas 78764 - - - - COMPANIES AFFORDING COVERAGES COMPANY /� LETTER A Penn American Insurance Co. COMPANY p B LETTER National County Mutual NAME AND ADDRESS OF INSURED Welcon Services, Inc. 8500 Bluff Springs•Rd. Austin, Texas 78744 - _ A COMPANY ■ - LETTER V c°M D COMPANY LETT This is to certify that policies of Insurance listed below have been issued to the Insured named above and are in force at this time. Notwithstanding any requirement, term or conrFFir of any contract or other document with respect to which this certificate may be issued o may pertain, the insurance afforded by the policies described herein is subject to all 11- terms. exclusions and conditions of such policies. COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE Limits of Liability in Thousands 000) FACH OCCURRCNCE Arr,Plr•.rl A GENERAL LIABILITY © COMPREHENSIVE FORM ® PREMISES — OPERATIONS ❑ EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD ❑ PRODUCTS /COMPLETED OPERATIONS HAZARD © CONTRACTUAL INSURANCE LN BRDAMAGE OAD FORM PROPERTY I ® I � J INDEPENDENT CONTRACTORS L1(I PERSONAL INJURY X Com.rhensive General GL31927 Liability_coverage 6 -6 -87 BODILY INJURY PROPERI DAMAGE 5 E 5 A 50011 Y 153055 0511 p001501vOwM01,I COMBINED T 500 E 500 PFRFONAI IN llmv 3 AUTOMOBILE LIABILITY IL Basic ❑XXX➢4Q1X.YXXX FORM OWNED HIRED NON -OWNED EG85281 6- 6-87 BODI (EACH PTRSOrI) FACT{ Ac Jan C, T 250 E 500 �� F (ror's PRUPF.RTVDAF +,AGL 8 250 BODILY INJURY AND PROPER,/ DAMAGE COMPINEO T EXCESS LIABILITY El UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM RODII Y INJI TRY 5ND PROPERTY Dn05') COMBINED WORKERS' COMPENSATION and EMPLOYERS' LIABILITY SEPERATE CERTIFICATE BEING ISSUED STA] iyroNy - , - .- :i5 s ,. OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES nnra.Ta+' . _.� -� Grading Contractor f Cancellation: Should any of the above des�Cibed policies be cancelled before the expiration date thereof, the issuing corn- 1 pany will endeavor to mail U_ days written notice to the below named certificate holder. but failure re mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Round Rock 214 E. Main Round Rock, Texas 78664 9 -11 -86 jh DATE IssueD • C c7, S Q_ AUTIIORIZED REPRESENNTATM Schutze Insurance Agency. Inc. ACORD 25 11.791 TYPE OF INSURANCE POLICY NO. EFFECTIVE DATE EXPIRATION DATE LIMITS OF LIABILITY Workmen's Compensation Statutory, State of Texas, $ Employer's Liability Comprehensive General Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Bodily Injury $ each person $ each person Property Damage $ each accident $ aggregate Bodily Injury $ each person $ each accident Property Damage $ each accident $ aggregate Comprehensive Automobile Liability Owned Vehicles Hired Vehicles Non -owned Vehicles Includes Contractual Liability Bodily Injury $ each person $ each accident Property Damage $ each accident 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TO: City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFICATE OF INSURANCE Date: Description of Work: THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respect to the business opera- tions hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further here- inafter described. Exceptions to standard policies are noted on the reverse side hereof. CERTIFICATE OF INSURANCE (CONTINUED) The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. (Name of Insurer) By: Title: Address: 1 1 MAINTENANCE BOND 1 BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, ' (hereinafter called the "Principal.") as Principal, and the , a corporation duly I organized under the laws of the State of , and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto ' THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum cf dollars ' ($ ),for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, success and assigns, jointly and severally, firmly by these 1 presents. Sealed with our :Pals and dated this day of ,A.D. nineteen hundred and I WHEREAS, the said Principal has heretofore entered into a contract with dated , 19 , for construction of t WHEREAS, the said Principal is required to guarantee the construction of street improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of t year(S) from the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(S) from the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS ar shall pay aver, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said ' Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. 1 Principal 1 by 1 Surety by 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Sub -Contractor 1.04 Sub-Subcontractor 1.05 Written Notice 1.06 Work 1.07 Extra Work 1.08 Working Day 1.09 Calendar Day 1.10 Substantially Completed 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 2.04 Initial Determinations 2.05 Objections 2.06 Lines and Grades 2.07 Contractors Duty and Superintendence 2.08 Contractor's Understanding 2.09 Character of Workmen 2.10 Contractor's Buildings 2.11 Sanitation 2.12 Shop Drawings 2.13 Preliminary Approval 2.14 Defects and Their Remedies 2.15 Changes and Alterations 2.16 Inspectors 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design 3.04 Right of Entry 3.05 Collateral Contracts 3.06 Discrepancies and Omissions 3.07 Equipment, Materials and Construction Plant 3.08 Damages 3.09 Protection Against Accident to Employees and the Public 3.10 Performance and Payment Bonds 9.11 Losses from Natural Causes 3.12 Protection of Adjoining. Property General Conditions of Agreement GC -1 3.13 Protection Against Claims of Sub - Contractors, etc. 3.14 Protection Against Royalties or Patented Invention 3.15 Laws and Ordinances 3.16 Assignment and Subletting 3.17 Indemnification 3.18 Insurance 3.19 Final Clean -Up 3.20 Guarantee Against Defective Work 4. Prosecution and Progress 4.01 Time and Order of Completion 4.02 Extension of Time 4.03 Hindrances and Delays 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities 5.03 Price of Work 5.04 Partial Payments 5.05 Use of Completed Portions 5.06 Final Completion and Acceptance 5.07 Final Payment 5.08 Payments Withheld 5.09 Delayed Payments 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contracts 9.03 Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities GC -2 _ j 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1) 1 1 1 P) 1 1 1 1) 1 1 1 1 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 mascu- line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi- neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu- ments shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof incorporated in any 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 Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 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 material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor The term Sub-Subcontractor means one who has a direct or indirect contract with a subcontractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.05 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. 1.06 Work The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin- tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new ann satisfactory ship and as to materials and quality good The Contractor shall, if required, rY GC-3 materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" 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. 1.08 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. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or oc- cupancy or the facility is in condition to serve its intended purpose, but still may require minor miscel- laneous 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 as 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 instruc- tions 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 Contrac- tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review 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 GC-4 1 1 1 1 )' 1 1 1 1 1 1 )' 1 .,1 1 1 1 1 1 1 1) 1 1 1 ) 1 1 1 1) 1 1 1 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 repre- sentation 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, which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci- sion had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac- cordance 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 may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer 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 English- speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his ebsence 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 mariner 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 instruc- tions being to define with specificity 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 egtipment, 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 Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop draw- GC -5 ings for temporary construction or construction processes, or by other means or method, is agretd by the Contractor to be for the purpose of observing the extent and nature of work completed or being per. formed, 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 com• pleted construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall in no way relieve 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. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing -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 ob- servation, 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 set. ting 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 cor- rections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. 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 responsi• bility 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 GC-6 Rev 1 • 1.75 1 •1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 e . 1 1 1 1 1 1 1 1 -) 1 1 1 1) 1 1 1 or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela- tion 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 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 plans and /or specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in hill accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the 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 it, prepara- tion for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of GC -7 observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contrator their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu- tion of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi- neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con- tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or estop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep- table work and the re -doing of such work. 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 con- stantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings AU 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 there. fore 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 location 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. The Owner will attempt to coordinate the collateral work of utility GC-8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 li 1 1 1 p) 1 1 1 1 1 1 l e 1 1 companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 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 roust 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 Docu- ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por- tion 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 mate- rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis- sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 3.10 Perf ormance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor the execute separate performance and payment bonds, each in the sum of one hundred (100) percent 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 supply- ing 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 certificates of authority t:om the Secretary of the Treasury of the United States and shall be licensed to write such bonds in the State of Texas. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal. GC -9 3.12 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done. or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.11 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 construc- tion; 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 regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection against Claims of Sub - contractors, Laborers, Materialmen 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, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis- sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may 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 letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy- right 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 or manufacturers is specified or required by the Onwer; 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, ordi- nances, 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 neces- sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor GC -10 1 .1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1. 1 1 1 1� 1 1 . 1 1 °) 1 1 1 1 ) 1 1 1 0 1 1 performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with- out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling. and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this con- tract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agree- ment. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec- tive officers, agents and employees, from and against all damages, claims, losses, demands, suits, judg- ments and costs, including reasonable attorneys' 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 to any person including Contractor's employees and any Subcontractor's employees and any Sub-Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property /other than the work itself) and the property of any Subcontractor or Sub - Subcontractor including the loss of use resulting therefrom; and, (2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any SubSubcontractor, 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 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 sole cause of the injury or damage. In any and ail claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor. any Sub-Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli- gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry inurance as follows for the duration of this contract. A. Statutory Workmen's Compensation 8. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -11 C. Property Damage Insurance with minimum limits of $50.000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. 11 Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require sub- contractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all re- quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac- tor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All in- surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca- tion and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. - 3.19 Final Clean - up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be dis- covered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before ac- ceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel. expansion joint materials, concrete pipe. cement, mis- cellaneous steel. cast iron materials. etc.. the Contractor will be required to furnish a manufacturer's cer- tificate stating that the material meets the requirements specified for this project. GC -12 Rev 7-1-75 1 • 1 1 1 1 1 1 91 1 1 1 ti 1 1 • )1 J , 1 1 Ill 1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 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 Con- tractor 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 com- pletion designated in the Proposal; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 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 of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid• able 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 com- pensate 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 the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and /or corn. puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe- cifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approxi- mate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. GC•I3 Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal: provided, however, that in case the actual quan- tity of any major item should become as much as 20% more than, or 20% less than the estimated or con- templated 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) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material em- braced 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 day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The state- ment shall also include the value of all sound materials delivered on the job site and to be included in the work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 10th day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent 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 condi- tions 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 por- tions 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. The Contractor shall notify the Engineer when. in the Contractor's opinion. the contract is "substan- tially 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 comple- tion" of the structure or facility shall not excuse the Contractor from performing all of the work under -. taken, whether of a minor or major nature. and thereby completing the structure or facility in accor- dance with the Contract Documents. GC -14 w. 1..75 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4, 1 1 1 1 1 1 1 1 1 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 in accordance with the Contract Documents, the Engi- neer 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 Con. tractor or to advise the Contractor in writing of the reason for non• acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure• ments arid prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill- ment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied or other obligations hereunder not done. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) Damage to 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 Gelayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state- ment, 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 6% 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. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform here- under. • 6. Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner deletions or revisions to the work; such changes the Engineer for execution by the Owner and the for any change in contract price, as hereinafter tune which may result from the change. Fe r. may, at any time or from time to time. o-der additions. will be authorized by Change Order to be prepared by Contractor. The Change Order shall set forth the basis set forth for Extra Work, and any change in contract GC•15 In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in- crease in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the 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 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, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta- tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any 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 avail- able to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, 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 incor- porated in the Written Extra Work Order. The fifteen (154 per cent 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 pri. GC -16 1 el 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 ' marily 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 pro- ' vided under Method (CI. 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 t date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 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 other party fail to choose ' an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the 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 questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be ' filed in court to carry it into effect. 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 then 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. 1 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 writ- ten notification from the Owner, or the Engineer. or if the Contractor fails to comply with the orders of ' GC-17 the Engineer, when such orders are , onsistent 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 machin- ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work. may be held for use on the work by the Owner or the Surety on the performance bond. or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6. 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (101 days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery', equipment. tools. materials and supplies to said Con- tractor, 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 (21 The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound there- for. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and /or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so noti- fied 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 Con- tractor and /or his Surety, or the Owner as the case may be. shall pay the balance due as reflected by said statement, within fifteen (151 days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract; or when the Contractor and /or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and /or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and or his- Surety fail to pay the amount due the Owner within the time designated hereinabove. and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof. together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract. provided, however. that actual written notice given in any manner will satisfy this condition. After mailing. or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owr.er to exercise ordinary care'to protect such property. After fifteen (151 days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the GC -18 01 1 1 1 1 1 1 1 1 • I 1 1 1 16 1 1 1 1 ' 1 1 1 1 1 1 14 1 1 Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety. to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work. and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. 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 a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8,01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract. shall furnish to the Engineer in writing for accep- tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub- contractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig- nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection, • If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub- mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the. Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. GC -19 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac- tors and Sub-subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (21 require that such work be performed in accordance with the requirements of the Contract Docu- ments; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent com• pleted, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, "The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coon dinate his work with theirs. GC-20 1 1 • ' 1 1 10 1 1 1 1 1 1 I•) 1 1 1 1 1 1 0 1 1 If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to coin. pieta his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein, whether in storage or or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pave- ments, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules. regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. W. 7.,.75 GC -21 All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the amount of 5300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explo- sives. If Blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater. Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap- proval of other materials is obtained m writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38. 11.201, of the City Code. 6. The Director ofEngineering or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully re- sponsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contrac- tor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig- nated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder. which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -22 Rev. 7415 1 • 1 1 1 1 1 1 1 fbi 1 1 1 ) 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 :!:1]1 ‘-:•; :!::j.)17:.1-.f T! j. 1:1 1 T 11 'Ail !EV L. ED