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R-87-1030 - 8/13/1987
CITY OF ROUND ROCK PUBLIC WORKS PROJ ECT CONSTRUCTION PLANS FOR CHANNEL IMPROVEMENTS NANCY STREET TO BOWMAN R OA D SPECIFICATIONS AND CONTRACT DOCUMENTS wog' July 28, 1987 ADDENDUM NO. 1 THE CITY OF ROUND ROCK, TEXAS CHANNEL IMPROVEMENTS -NANCY STREET TO HO1MAN ROAD Addendum No.1 to the Plans, Contract Documents and Specifications for Channel Improvements -Nancy Street to Bowman Road 1. Sealed bids as described in the Notice to Bidders will be received until 2:00 P. M., Tuesday, August 11, 1987 and then publicly opened and read. Note that this addendum merely extends by one (1) week the previously published bid opening date. 2. The Bidder shall acknowledge receipt of this addendum below and it shall become a part of the bidding documents. For the City of Round Rock Addendum No. 1 Acknowledgement LU Julie A. West P. W. Department �tL Pc - T2PcGTµG ZNC. CHANNEL IMPROVEMENTS -NANCY STREET TO BOWMAN ROAD Table of Contents Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 3.0 Post Bid Documents PBD -1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 1.0 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 214 East Main Street, Round Rock, Texas, 78664, for furnishing all labor, material and equipment and performing all work required for the construction of Channel Improvements — Nancy Street to Bowman Road will be received until August 4, 1987 at2:00 P.M. then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security, payable to the City of Round Rock Texas, equal to five percent (5 %) of the total bid amount. Plans, proposal forms, specifications, and instructions to Bidders may be obtained from the Director of Public Works, 300 South Blair, in Round Rock, Texas, for a nonrefundable charge of $10.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Pub. Dates: NB -1 JOANNE LAND City Secretary City of Round Rock 2.0 BID DOCUMENPS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the top three (3) successful bidders which the City of Round Rock will hold until the successful bidder has executed the contract. Thereafter, the security of the successful bidder will be returned. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. BD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9. In case of ambiguity or lack of clearness in stating the prices in the bids, the City of Round Rock reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract will be made within thirty (30) days after opening of the proposals, and no bidder may withdraw his proposal within said thirty (30) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a satisfactory performance bond in the amount of one - hundred percent (100%) of the total contract price and a satisfactory payment bond in such amount, both duly executed by such bidder as principal and by a corporate surety duly authorized to so act under the laws of the State of Texas and Surety. 12. If the total project amount is less than $25,000.00, the performance and payment bond requirement will be waived bvy the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the surety bond as required, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance is required of the subcontractor has been furnished and approved. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and /or material furnished. BD -2 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling 495 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. BD -3 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE and firmly bound unto the , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5%) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITONS OF THIS OBLIGATION PRINCIPAL has submitted the above construction of the work under the OF opened at the office of the OWNER on , as PRINCIPAL and , as SURETY, and held ARE SUCH, THAT whereas, said mentioned bid to the OWNER, for "SPECIFICATIONS FOR CONTSTRUCTION , for which bids are to be , 19 . NOW, THEREFORE, if the PRINCIPAL is awarded the Contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signiture, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall benull and void, otherwise,it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 . Principal Surety By: By: (Seal) (Seal) BD -4 PROPOSAL BIDDING SHEET JOB NAME: Channel Improvements -Nancy Street to Bowman Road JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas Gentlemen: Pursuant to the foregoing Notice to Contractors and instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials insurance and miscellanous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Channel Improvements -Nancy Street to Bowman Road and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: Bid Item Quantity Unit 1 1,100 S.Y. BASE BID Item Description Unit and Written Unit Price Price 6' wide concrete channel bottom, including channel bottom excavation, preparation and compaction, complete in place, per sq.yd. for ` fWE..iT1 -si)C Dollars and EIG7Ht Cents 2 1,620 L.F. Regrading, restoration and revegetation of channel banks and side slopes, complete in place, per linear foot. for F■vE- Amount BD -5 $ Z(�' $ Z8 68 0 Dollars go and S1( r"1 Cents $ 5 $ 9, 391 1 1 TOTAL BID (ITEMS 1 & 2) $ 3 54' f this proposal is accepted, the undersigned agrees to execute the I e ontract and provide necessary bonds and insurance certification as er the Instructions to Bidders and commence work within five (5) days after written notice to proceed. The undersigned further agrees to t omplete the work in full within 45 calendar days after the date of he written notice to proceed. L he' undersigned certifies that the bid prices contained in the roposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may I waive any informalities. fa c I6)41$ _ ' s �� l , � Submitted, J AIST7N I EnOY 75'76I Ad (.5 034 - 933o Telephone 1 1 1 1 1 1 1 PROPOSAL BIDDING SHEET Authorized Signature rMS ENT Title for: � u r� �avcn ra & Mt. Name of Firm BD -6 3.0 POST BID DOCUMENTS a 1• rC THE STATE OF TEXAS COUNTY OF WILLIAMSON § That s thi Agreement made A.D. , 19 $� by and between Party, hereinafter termed the of the City of AUSTIN State of TEXAS AGREEMENT The Invitation to Bidders The Instructions to Bidders The Proposal and Bidding Sheets The Performance and Payment Bonds The General Conditions of Agreement KNOW ALL MEN BY THESE PRESENTS and entered into this 13th day of CHANNEL IMPROVEMENTS NANCY STREET TO BOWMAN ROAD the CITY OF ROUND ROCK, TEXAS, its Ma Fa irst Owner, and ELLA CONTRACTING, INC. , County of TRAVIS , , Second Party, hereinafter termed the Contractor. WITHNESSETH: That for an in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the First Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated for certain improvements • described as follows; The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may_subsquently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 15 consecutive calendar days after award of contract and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full by September 15, 1987. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deduc -' tion, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: • The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Plans By AGREEMENT (CONTINUED) IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in the year and day first above written. ATTES i y Secretary • PBD -2 CITY OF ND =EXAS, OWNER By By Mayor ELLA CONTRACTING, INC. Contractor COMPLAINT NOTICE— Should any dispute arise about your premium or about a claim that you have filed, cctitact the agent or write to the company that issued the policy. If the problem is not resolved, you may also write the State Board of Insurance, Department C, 1110 San Jacinto, Austin, Texas 78786. This notice of complaint procedure is for information only and does not become a part or condition of this policy. CN -I- COMPLAINT NOTICE - EFFECTIVE SEPTEMBER 1, 1984 J ( 7 ; THE STATE OF TEXAS D COUNTY OF WILLIAMSON PERFORMANCE BOND THAT, ELLA CONTRACTING, INC. of the City of AUSTTN , Cou of TRA VIS ' , and St ate o f TEXAS as principal, and MTU- CONTINENT CASUALTY COMPANY 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, Texas, here- inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum Of THIRTY EIGHT THOUSAND, EIGHTY FOUR AND N0 /100 - Dollars ( yam 38,084.00 ) for the payment whereof, the said Principal and Surety b 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 consisting of: CHANNEL IMPROVEMENTS NANCY STREET TO BOWMAN ROAD NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workman- ship of, the ; Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then 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 said Article to the same extent as if it were copies 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 same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PBD - 3 Bond No. 65180 KNOW ALL MEN BY THESE PRESENTS PERFORMANCE BOND (CONTINUED)• IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 ELLA CONTRACTING, INC. Princi 1 Surety _' •. By By 0,. -�� `�` - �'�"-- - Title f4 R.)I1 F.,-Yj Tit1eC• Stephen Crum, Attorney - in - Fact l' 'D;tc )( .1 Address' P.O. Box. 924528- • ' ANAS - 1V - /C0 Address The name and address of the Resident Agent of Surety is: ARPEY & COMPANY LICENSE A0102432 ,OUSTON,TEXAS 772924528 ?.AS LOCAL RECORDING AGENTS MID - CONTINENT CASUALTY COMPANY •Houston, TX 77292 -4528 THE STATE OF TEXAS J J J COUNTY OF WILLIAMSON 0 THAT, By ELLA CONTRACTING,' INC. Title PE-F:S1 fhcs� 1r-11,1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS of the City of AUSTIN County of TRAVTS - and State of TEXAS aS principal, and MID - CONTINENT CASUALTY COMPANY 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 (OWNER), in the penal sum of THTRTY EIGHT THOUSAND, EIGHTY FOUR AND NO /100 -- Dollars ($ 38,084.00 ) for the payment whereof, the said Principal and Surety bond 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 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 ;o 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 same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this • day of , 19 • - ELLA CONTRACTING, INC. Princip$ Address - R:0'• eX' L &,(4 Y - P: 0. Box. 924528 MID -C Surety 'C. Crum, Atrorney -in -Fact • Houston;• TX• 99292 -4SI PIY &.COMPANY P tl Rov g9467R HOM TEXAS The name and addre' ff the Resident Agent of Surety is TL N,TEXAS 77292.4528 TEXAS LOCAL RECORDING AGENTS • LICENSE 110102432 And the execution of such inslrun,ent(s) in pursuance of these presents, shall he ns bind- ing upon the said h1ID- CONTIN('NT CASUALTY COMI'ANY, as fully and amply, to all humus and purlmsu. as if the snnm had been duly executed and acknowledged by its regularly 6(ecic.l officers at its principal office in Tulsa. Oklahoma. All authority hereby conferred hall xpire and terminate without notice on Nuttentbe4 2.S, 1 988 but this termination shall not affect liability under any bond executed prior to that date din Alamos lllerro(, The MID - CONTINENT CASUALTY COMPANY has caused these presents to be signed and its corporate sad 10 be affixed by its authorized officer this 18 at day of Novaaben . 1986. MID - CONTINENT CASUALTY COMPANY Tulsa, Oklahoma ',Cooly nil f loat by firer prearnla: That the MID.C'ON fINEN•I' CASUALTY COM- PANY, a corporation of the Stole of Oklahoma, Moving its pi incip,d office in the city of l uisa, Oklahoma. puro,.n to the following Ily -I.aw, which was adopted by she Stockholders of the said Company on Klatch 1116, 1947, In -wit• "Article IV, Section 7..... •I he. Executive Officers of the Company sh have power and a to appoint. for the and attesting hoods oast a pow Irurposer only o f e Icrtnk e and other ndings obligatory in the odor: thereof. 11 Resident ro Viec 1'resi I t, Resi- dent AsA1,111:111, A1,111:111, : ,,endings and Allnrncyr- in -15hc1 and . 4 al':� „ n iny time to In r• uc1, l Resident Vise P.estdcol, Resident As Secretary, oAl r Anrncy - Tact and revoke the power and anllnity given 1,111, Nan: of such .lpputnlces need Inc Dile..tors of Rte Company... does hereb constitute and appoint Riehand (lead, Alttlnt'a9 J. Janda, Jahn 1. Ruugal C. S(etd,c❑ Chun, VMguua J. IVLt.ty, Jim Baughman, William P. Kassab, Jx. and Sue Koh (e9 o( 110(6 ton, Texas its true and lawful attorney(s)-in-foci. to execute, seal and deliver for and on its behalf as Surely, and us its act and deed, 19 - Any and all bonds and undertakings of Suretyship (Corporate seal affixed) STATE OF OKLAHOMA COUNTY OF TULSA (ORiglnl't•8 Sfrtard) j ss. • I MID. CON'(' E T C'AfV SU AL7'}' COMPANY Ry/ f PcCJrect c(c v eVice President On this 1801 day of NOVendre.lu. , A.D., 1986 , before me, a Notary Public of the State of Oklahoma in and for Inc t County of . ('also, came the individual dIC strunICIIL ,d h he licknwledgcd t execution n the same, and, 11.1, being by me duly preceding 111111 he is the therein described and authorized officer of (Inc MID-CONTINENT INENT CASUALTY COMPANY afuretaid, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate scut and his signature as such officer were duly affixed to the said insrumcnl by the authority and direction of the said Company, and that Article IV, Section 7, of the fly -I aws of said Company. referred to in Inc t preceding instrument, is force tow in IN TESTIMONY WHEREOF, I have (hereunto set my hand and affixed my official seat at the City of "ful a, the day and year first above writ • My Commission expires Vcccmben 2, 1987 ^' chary Public x11 ( 1 K ,11 Assistant Secretary of the MID -C INENT CASUALTY C'OMI'ANY, lltrb .. by cerrfQ,.th. ,b,e above nod foregoing is o true and correct copy of the Pl i a I'n 3 d 1 cal am a RL hand cad n hero A i l Y t h , , Lrl _....??,,,a sac: rn h - to c.c.'. bonds am y e revoked sat ('nth, n d lltef,by bl't'1f iC4erlify 11,(1 the said Power of Attorney not by has not been n rcwskeJ n and is ow in fshh'1'fAn,cf, to }I•ifhkt,e IN WITNI:. \S••WAfe,Ytl;($' : "I have hereunto subscribed my name its Assistant Secretary and affixed the corporate scat of said Company at Tulsa, Ok no tl,is_____.da of K by Pa l CO(Is CAssistnnl ' cretory. 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON State of That this Agreement made A.D., 19 , by and between • Party, hereinafter termed the of the City of The Invitation to Bidders The Instructions to Bidders The Proposal and Bidding Sheets The Performance and Payment Bonds The General Conditions of Agreement AGREEMENT KNOW ALL MEN BY THESE PRESENTS and entered into this day of the CITY OF ROUND ROCK, TEXAS, its Mayor, First Owner, and , County of , Second Party, hereinafter termed the Contractor. • WITHNESSETH: That for an in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the First Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated - for certain improvements • described as follows; The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may - subsquently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 15 consecutive calendar days after award of contract and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full by September 15, 1987. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deduc -• tion, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: • PRO - 1. The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Plans 1 1 1 1 1 1 1 1 1 1 1 • • AGREEMENT (CONTINUED) ' IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in the year and day first above written. ATTEST: CITY OF ROUND ROCK, TEXAS, OWNER By B City Secretary Mayor PBD -2 Contractor By 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND THAT, 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, Texas, here- inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bond 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 consisting of: NOV THEREFORE,_THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workman- ship of, the in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then 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 said - Article to the same extent as if it were copies 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 same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PBD - 3 KNOW ALL MEN BY THESE PRESENTS 1 PERFORMANCE B(U'ID (CONTINL °ED) IC IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 II Principal Surety I By By Title • Title II Address Address' 11 II The name and address of the Resident Agent of Surety is: 1 1 PBD - 4 • 1 1 THE STATE OF TEXAS 1 1 1 1 1 I • County of of the City of and State of , as principal, and II 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 (OWNER), in the penal sum of Dollars ($ ) II for the payment whereof, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: I WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the, day of , 19 , to which contract.is II 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 same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed II this Instrument this _day of , 19 1 1 1 COUNTY OF WILLIAMSON 1 THAT, Principal By Title II, • Address • PAYMENT BOND The name and addre5,. 'f the Resident Agent of Surety is : PRn - KNOW ALL t4EN BY THESE PRESENTS Surety 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 i 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 77 Hired Vehicles Non -owned Vehicles Includes Contractual Liability • : a_..: :,: ; . -- _ • ._ . -.., " -- _- -_____ - ._ • • .•.. __ - .:: >z, ,2•- • ' • . -_. • Bodily Injury - - -, -'.,- .$ • .-.. : • each person - -- '$ each accident. _ . .. Property Damage S '. - each accident . ' . T0: City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFICATE OF INSURANCE 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. 1 1 1 1 1 PRn _ F Date: '. " • Description of Work: • 1 1 1 1 1 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. PBD -7 (Name of Insurer) By: Title: Address: MAINTENANCE BOND BOND NUMBER AMOUNT That we, KNOW ALL MEN BY THESE PRESENTS, (hereinafter called the "Principal ") as Principal, and the , a corporation duly 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 of 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, executers, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our .Pals and dated this day of ,A.D. nineteen hundred and WHEREAS, the said Principal has heretofore entered into a contract with dated , 19 , for construction of 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 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 or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. PBD - 8 Principal by Surety by 4.0 GENERAL CONDITIONS 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 SubSubcontractor 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 Contractor's 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 3.11 Losses from Natural Causes 3.12 Protection of Adjoining Property General Conditions of Agreement G - 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 1 ( 1 1 1 1 1 1 1 1 1 1 1 1 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 sub-contractor 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 and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of 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 sarve 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 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 absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such 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 equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or 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- :. Gb-6 ings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being 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. 74.75 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 full 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 in 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 All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is 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 ,yes 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 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 must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract 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 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms tor 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 from 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 Fumishers 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 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 Sub 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, 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 all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any SubSubcontractor, 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 B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of 8300,000 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. D. 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-bp 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 ser.7 -1.75 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7) 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 com- 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 -13 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 an4 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 hits 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 Rev. 74.75 1 \ :� 1 1 1 1 1 1 tl 7 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 grid 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 ur labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final 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 may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. Rev. 7.1.75 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 (15 %) 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 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 (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except 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 their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after 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 consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any 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 m 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 (10) 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 (2) 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 (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than 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 Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the G 1 64 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 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. Subcohtractors 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; (2) 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 coor- dinate his work with theirs. GC -20 1 1 1 1 1 .1 1 1 1 1 1 1: 1 1 1 1 I = - 1 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 com- plete 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. Rev. 74.75 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 $300,000.00 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 in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38- 11.201, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and /or blasting methods 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 Rer. 7 -1.75 1 1 , i 1 1 1 wI 1 1 1 1 1 1 'r • -' 1 5.0 SPECIAL CONDITIONS SECTION 01 - INFORMATION 01-01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to The City of Round Rock, 214 East Main Street, Round Rock, Texas 78664. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01-02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $50.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. 01 -06 USAGE OF WATER Contractor shall pay all costs of water used. Water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. SC - 1 01 -07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to the Contractor. SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arragements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILTS" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available. Costs for developing as -built drawings shall be subsidiary to other bid items. 02 -03 LANDS FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, rights -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -04 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services during construction. No additional payment will be made for this item. SC -2 02 -05 GUARANTEES Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship or materials for a period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine if existing improvements are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. SC -3 02 -09 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 - LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the limits of work shall be left up to the interpretation of the Engineer. 02 - 11 PAYMENT FOR MATERIALS ON HAND Owner shall pay for 90% of amount of materials on hand in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 - CONSTRUCTION STAKING The' Contractor shall provide all necessary construction staking required to successfully carry out the work included in this contract, as shown on the Plans and as described in the contract documents and technical specifications. The Contractor shall consult with the Engineer prior to construction staking in order that the Engineer may direct the Contractor in staking the location, alignment and grades of the proposed improvements. Contractor shall notify the Engineer not less than twenty -four (24) hours prior to the time of anticipated construction staking. No additional pay will be made for construction staking. SECTION 03 - INSURANCE 03 -01 Insurance policies must be obtained by the Contractor or separate endorsement obtained by his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public properties, etc. The principal types of insurance which will be necessary are: SC -4 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 3.17 in the General Conditions entitled "Indemnification ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $300,000 each person $300,000 each accident Property Damage $100,000 each accident $100,000 aggregate A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated above, and in the same amount of liability. Worker's Compensation and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. SC -5 6.0 TECHNICAL SPECIFICATIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 1 1.01 GENERAL DESCRIPTION SCOPE OF WORK The work covered by the Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of channel improvements complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS CHANNEL IMPROVEMENTS The current Standard Specifications for the City of Austin and the City of Austin Erosion & Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean The City of Round Rock. Wherever the Specifications, Rock. tens "Engineer" is used in the Austin it shall be construed to mean the City of Round ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mid, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. T.S. -1 2.01.2 BACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in the area adjacent to project facilities as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. ITEM 3 3.01 EXAMINATION AND REVIEW EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of the Contract. 3.02 NOTIFICATION The Engineer must be notified a minimum of twenty -four (24) hours in advance of beginning construction, testing, or requiring presence of Engineer or project representative. 3.03 DENSITY TESTING Any density testing deemed necessary by the Engineer shall be made by an independent laboratory at the Owner's expense. Any required "re- tests" shall be performed at the Contractor's expense. An authorized representative of the Owner shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. T.S. -2 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right - of-way but only with approval of the Engineer. 4.03 BARRICADES Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. T.S. -3 ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIAL AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "'equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. T.S. -4 orCA, i PRODUCER AIS, INC. ‘P 0. BOX 7011 HOUSTON, TX 77248 INSURED ELLA CONTRACTING, INC. P.O. Box - 16498 Austin, Texas 78761 OVERAGES I %,CERTIFICATE HOLDEN a , r '* r.` 5 r • CO TYPE OF INSURANCE LTR GENERAL LIABILITY A X COMPREHENSIVE FORM X PREMISES /OPERATIONS UIIOERGROUIID EXIBXI9(OW XcON7(BSE HRTAPE © PRODUCTSICOMPLETED OPERATIONS © CONTRACTUAL © INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE In PERSONAL INJURY AUTOMOBILE LIABILITY A ANY AUTO in ALL OWNED AUTOS (PRIV. PASS ) MI ALL OWNED AUTOS (PFlIV N ) in HIRED AUTOS III NON OWNED AUTOS ■ GARAGE LIABILITY A EXCESS LIABILITY id UMBRELLA FORM UMB800563073 OTHER THAN UMBRELLA FORM TMP 800562960 CCP400562962 WORKERS' COMPENSATION A AND WC400562959 EMPLOYERS' LIABILITY OTHER POLICY NUMBER POLICY EFfECINE DAZE (M UtOm) POLICY EXPIRATION DATE IMAUDOA'YI 03 -31 -87 03 -31 -88 03 -31 -87 03 -31 -88 03 -31 -87 03 -31 -88 03 -31 -87 03 -31 -88 Re: Channel improvements Nancy DESCRIPTION OF O /LOCATIONSNEHICLES /SPECIAL ITEMS • BODILY mum t. to Bowman Rd. LIABIL TY LIMITS IN THOUSANDS PROPERTY DAMAGE DI a PD CAMDIUED EACH OCCURRENCE $ 1,000 AGGREGATE 1,000 PERSONAL INJURY $1,000 ECOILY tleuRY {- KMIY FIR 'atom PROPERTY DAMAGE et a Po comaiNED DI a PD COMBINED STATUTORY $ 11 $ 1 , 000 $ 1,000 IOU (EACH ACCIOEIIT) $ 5UU (DISEASE POLICY LIMIT) T-1130 (DISEASE EACH EMPLOY THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CITY OF ROUND ROCK - 214 E. Main St. Round Rock, Texas 78664 CORD 266260 t .. CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL l• DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCII . • TICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY 51110 UPON THE C•- • "' ITS AGENT •- • EPRE ENTATIVES. AUTHORIZ,(=D,ET I,. r H1J 1N d1 / Y • c ISSUE DATE (MM /DOYYY) August 18, 1987 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIbN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE (,\TES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COMPANY p LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE TRANSCONTINENTAL INSURANCE COMPANY ATTEST: LAND, City Secretary RESOLUTION NO. /,39/ WHEREAS, the City has duly advertised for bids for drainage improvements to Nancy Street; and WHEREAS, CXX�Q, .1 .- 4 submitted the lowest responsible bid; and WHEREAS, the Council wishes to accept the bid of , 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 (, - 1 is hereby accepted as the lowest responsible bid, and the Mayor is authorized and directed to enter into an agreement with to Nancy Street. RESOLVED this /.1 day of , 19 77. for the drainage improvements MIKE ROBINSON, Mayor City of Round Rock, Texas THE CITY OF y e pock re PUBLIC FORKS 4. a ROUND ROCK DEPARTMENP Street Texas 78664 -3612 • BID TABULATIONS BIDS EXPENDED AND CHECKED BY: 214 East Main o Round Rock, 'Y UEU (512) 255 DATE: SHEEP OF CONPRACP Channel Improvements BIDDERS BID DATE 8/11/87 TIME 2:00 p.m. . •a.. (�CZ Co. Bid Bond? n Axe I/ . n 1. Bid Bond? !' C 7 f GGd( Bid Bond? • J l/� - ✓ 1" (j Bid Bond? �GGyG�l /�� i7 rb'� Bid Bond? ra LOCAT Round Rock City Council Chambers DESCRIPTION Nancy St. to Bowman Rd. ITEM UNIT APPROX. QUANPITY UNIT PRICE COSP UNIT PRICE COSI' UNIT PRICE COST UNIT PRICE COSP UNIT PRICE C08P 6' -Conc. Channel Bottom S.Y. ' 1,100 $ 36.. A 39 goo ',Z,, DO /i 30 � 80c i a0 �Gi .200 ' De a GPI '''' 00 4- 16,1D 0 ' 41g 6O Regrading & Restoration L.F. 1,620 IS. i, As l /4,203 5?) 4. 7.290 ' 540 ' d ( o ; �,/P) �5,�0 '`'9394 a,3.e0 DOTAL - " 5 3, 0.23 di, 090 # 74f 6A9 f3P ao'l- 4 4 1 9 / 9, DATE: { August 11, 1987 SUBJECT: Council Agenda, August 13, 1987 ITEM: 13C - Consider a resolution authorizing the Mayor to enter into a contract for the Nancy Street Drainage Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On August 11, 1987 the City opened 5 bids for the construction of a concrete channel between Nancy Street and Bowman Road in Mesa Park. Staff recommends awarding to Ella Contracting for a total price of $38,084. ECONOMIC IMPACT: This project will save money in long term channel maintenance as well as provide improved stormwater conveyance. RESOLUTION NO. WHEREAS, the City has duly advertised for bids for drainage improvements to Nancy Street; and WHEREAS, submitted the lowest and best bid; and WHEREAS, the Council wishes to accept the bid of , 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 is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with for the drainage improvements to Nancy Street. RESOLVED this day of , 1987. ATTEST: JOANNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas