R-88-1110 - 4/28/1988ATTEST:
V CRRRESCORMS
l > �7 C
RESOLUTION NO. 8/0/C
WHEREAS, the City has duly advertised for bids for corrective
measures for inflow and infiltration problems, and
WHEREAS, e C / 4...,L A/-AL/
and best bid, and
i
Oi.//__._il/
submitted the lowest
WHEREAS, the Council wishes to accept the bid of
, and to authorize corrective measures
for inflow and infiltration problems, 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 execute on behalf of the City a contract with
for said improvements.
RESOLVED THIS V day of April, 1988.
NE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE CITY OF
J �v crock 4 PUBLIC WORKS
a
ROUND ROCK
DEPARTMENT
Street
Texas 78664
-3612
BID TABULATIONS
BIDS EXTENDED AND CHECKED
BY: DLH
ii East Main
... —= y Round Rock,
ND E� (512) 255
DATE: 4/5/88
SHEET 1 OF 1
CONTRACT 1987 C.I.P. I/I CORRECTION MEASURES
BIDDERS
BID DATE 4 - 5 - 88 TIME 2:00 p.m.
McCullough Rehab
Contractors, Inc.
Bid Bond? Yes
Addendum 1
Acknowledged? No
III Services
Bid Bond? Yes
Addendum 1
Acknowledged? Yes
Instituform Gulf
South, Inc.
Bid Bond? Yes
Addendum 1
Acknowledged? Yes
VACATION 221 EAST MAIN STREET
DESCRIPTION CONTRACT 2
ITEM
UNIT
APPROX.
QUANTITY
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
Clean Lines
L.F.
1500
2.50
3,750.00
2.60
3,900.00
3.85
5,775.00
TV Lines
L.F.
1500
1.00
1,500.00
1.40
2,100.00
2.45
3,675.00
Air Test Joints
Ea.
250
15.00
3,750.00
18.50
4,625.00
14.15
3,537.50
Grout Joints
Ea.
250
7.00
1,750.00
45.50
11,375.00
47.70
11,925.00
Total Bid
10,750.00
22,000.00
24,912.50
DATA: April 25, 1988
SUBJECT: Council Agenda, April 28, 1988
ITEM: 9C. Consider a resolution authorizing the Mayor to enter
into an agreement for the Inflow and Infiltration Project.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: In order to reduce infiltration into the City's
wastewater collection system, the Public Works staff prepared
plans and contract documents to repair several items which could
not be repaired by City crews. These deficiencies were
identified by the I &I study performed last summer. These
improvements will correct about 250 gpm of infiltration at a
,_ cost of $10,750.00. The payback for these improvements are
approximately 1.5 years.
Please refer to the enclosed bid tabulation.
Staff recommends acceptance.
CITY OF
ROUND ROCK
PUBLIC WORKS
PROJ ECT
1987 CIP
INFLOW /INFILTRATION
CORRECTION MEASURES
CONTRACT 2
SPECIFICATIONS AND
CONTRACT DOCUMENTS
...Vyr 4
Mayor
• Mike Robinson
' Mayor Pro-tem
Trudy L. Lee
Council Members
Mike Heiligenstein
Glenn T. King
Pete Correa
Ronnie Jean
Charles Culpepper
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
id?
Addendum No.1 to the Plans, Contract Documents and Specifications
for 1987 Infiltration /Inflow Correction Measures - Contract 2.
1. Sealed bids as described in the Notice to Bidders will be
received until 2:00 P. M., Tuesday, April 5, 1988 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:
Danny Bolden, P. E.
Public Works Department
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512 - 255 -3612
March 24, 1988
ADDENDUM NO. 1
THE CITY OF ROUND ROCK, TEXAS
INFILTRATION/INFLOW CORRECPION MEASURES — CON2RAC2 2
Bidder Name and Signature
1987 C.I.P. INFILTRATION /INFLOW CORRECTION MEASURES
CONTRACT NO. 2
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
7.0 Special Provisions SP -1
1.0 NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals addressed to the City Manager,
City of Round Rock, 221 East Main Street, Round Rock,
Texas 78664, for furnishing all labor, material and
equipment and performing all work required for the
project titled 1987 C.I.P. Infiltration /Inflow
Correction Measures - Contract 2 will be received until
March 29, 1988 at 2:00 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 fifteen dollars ($15.00) 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 informalitites 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:
3/14/88
3/21/88
3/28/88
NB -1
JOANNE LAND
City Secretary
City of Round Rock
1
1
2.0 BID DOCUMENTS
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
I
' 9. In case of ambiguity or lack of clarity in the statement of
prices in the bids, the City of Round Rock reserves the
right to consider the most favorable analysis thereof, or to
I reject the bid. Unreasonable (or unbalanced) p r i c e s
submitted in a bid may result in rejection of such bid or
other bids.
' 10. Award of the contract, if awarded, will be made within
thirty (30) days after opening of the proposals, and no
I 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
I 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
I 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.
I 12. If the total project amount is less than $25,000.00, the
performance and payment bond requirement will be waived by
I the City of Round Rock. Payment will be made following
completion of the work.
I 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
I 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.
I 15. The Contractor shall not commence work under this contract
until he has furnished certification of all insurance
I 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
I insurance that is required of the subcontractor has been
furnished and approved.
16. Any quantities given in any ,portion of the contract
I
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
I 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
#95 - 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
KNOW ALL MEN BY THESE PRESENTS, THAT WE
and firmly bound unto the
BID BOND
, 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
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
, 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 .
1
1
1
1
Gentlemen:
1
1
1
1
PROPOSAL BIDDING SHEET
JOB NAME: 1987 C.I.P. Infiltration /Inflow Correction Measures -
Contract 2
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
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 1987
C.I.P. Infiltration /Inflow Correction Measures - Contract 2 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:
1 1,500 L.F.
BASE BID
Bid Item Description
Item Quantity Unit and Written Unit Price
Clean existing waste-
water line, including
temporary bypass
measures if necessary,
complete in place, per
linear foot.
for 7
Dollars SO e
and p/ p17 Cents $ a $,3750
2 1,500 L.F. Closed- circuit television
inspection of cleaned
wastewater line, including
video recording and including
temporary bypass measures
if necessary, complete in
place, per linear foot.
for Ode
Dollars " pe
and �O Cents $ / $ /504,"
BD -5
Unit
Price Amount
Bid Item Description
Item Quantity Unit and Written Unit Price
3 250 Ea.
Respectfully ssubmiitt d,
1)
Authorized Signature
P/2 FS , 'd e �✓�
Title for:
Y1 Cu I lough /Pe/)'
Name of fi
m (dNf/ZRe4o' , ZA/c
Internal air test of
joints and /or C- cracks,
including temporary
bypass measures if
necessary, complete in
place, per each.
for Fi FTSSW
Dollars
and Ait) Cents
Unit
Price Amount
a
$3750
4 250 Ea. Internal grouting and air
test of joints and /or
C- cracks until passage of
air test including all
catalysts, root inhibitors
or any other additives where
applicable and including
temporary bypass measures
if necessary, complete in
place, per each.
for SE iE ry
Dollars 0 co
and /14 Cents $ 5L
dd
TOTAL BID (Items 1, 2, 3 & 4) $ /Q YSa
If this proposal is accepted, the undersigned agrees to execute the
contract and provide necessary bonds and insurance certification as
per the Instructions to Bidders and commence work within five (5) days
after written notice to proceed. The undersigned further agrees to
complete the work in full within 45 calendar days after the date of
the written notice to proceed.
The undersigned certifies that the bid prices contained in the
proposal have been carefully checked and are submitted as correct and
final. The owner reserves the right to reject any or all bids and may
waive any informalities.
BD -6
/fah /5i owN s tv,' v(
S//de // L4- 74 f(a /
Address
.s04 -- 6 - �C�B�
Telephone
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
The Notice to Bidders
The Instructions to Bidders
The Proposal and Bidding Sheets
The Performance & Payment Bonds
The Certificate of Insirance
The General Conditions
of Agreement
AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS
PBD -1
That this Agreement made and entered into this o - day of
A.D., 19 e$ , by and between the CITY OF ROUND ROCK, TEXAS, s
Mayor, First Party, hereinafter termed the Owner, and M �C. lCo , �
c--1-1) es see. of the City of S1; f1e.lI ,County of st .Ta . w a�, , State of
a a. , Second Party, hereinafter termed Contractor.
W.CTNESSEPH: That for and in consideration of the payments and
agreements hereinafter mentioned to be made and performed by said First
Party (Owner), the said Second Party (Contractor) hereby agrees with the
First Party to commence and complete the construction of certain
improvements at the prices set forth in the Contractor's Proposal dated
4'or certain improvements described as follows:
1987 Rio - A' /l-ra o.a rre.cd(o,4 /1eas C.. dra` L
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 subsequently be entered by
the above named parties to this Agreement.
The Contractor hereby agrees to commence work under this
contract within 5 consecutive calendar days after the data in the Notice
to Proceed given to the Contractor and shall cause work to progress in a
manner satisfactory to the Owner. Such work shall be completed in full
within 30 calendar days after the date of the written Notice to Proceed.
Time is of the essence to this contract.
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 deductions, 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
The Special Provisions
Addenda
Change Orders
The Plans
I
I
I
I
I
I
I
AGREEMENT ( CONTINUED)
IN WITNESS WHEREOF the Parties to these presents have executed this Agreement
in the year and day first above written.
ATTES
By 41 /I JAI /L .L /L&
y ecretary
PBD -2
CITY OF ROUND ROCK, TEXAS, OWNER
By lit
Mayor
&Cc. / /o 61/L ( 6 N�ri9 E71a,2s, -TM
Contractor
C /A-2 ENC. F /f It/ 'PR 5S .
I
I
STATE OF TEXAS G
COUNTY OF WILLIAMSON
PERFORMANCE BOND
non ,
KNOW ALL MEN BY THESE PRESENTS
THAT, Mc C( 00G+I- f - hB Cow +2Hc -fors Sb'C. of the
City of LL , County of $ Yq,�///, and State of Lo s/44/4
as principal, and FIREMAN'S FUND INSURANCE 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 pr WILLIAMSON, TEXAS (Owner), in the penal sum
of -re IV T}}0u01ND EVEN Hon/DR "r FtPT'/ Dollars ($/0 for
the payment whereof, the said Principal and Sure y bond themselves, and their
heirs, administrators, executors, successors and assigns jointly and severally,
by these presents:
I
I w,
Ivy CIp INFr' LT2AtioIfHF /o&J aove.p /le4-5NeEs ( 2A-cf- Z
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
II 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
I 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. •
1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities
on this bond shall be 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 additionzto
the terms of the contract, or to the work to be performed thereunder.
J
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:
k( : IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this day of , 19_
mo_G -0111 o 4 J}-► 3 ON7Lf 4 - L4/C FIREMAN'S FUND INSURANCE COMPANY
Principal Q J Suret
B ""' d i By
Title 1 E � r J i' Tit1@ ATt"ORNEY - IN - F I--
S I
Address 2fo '6 Rocs) NSW J c h 2D I - 1
I S I I' D ELL L K}- '"? 4 / ),(4)‘ Fk k5Z()@ - - •
' I The name and address of the Resident Agent of Surety is:
11 j4
• ti _ � J. OD FS
PERFORMANCE BOND (CONTINUED)
PRO -4
I
I
Ii
`J y THE STATE OF TEXAS 1
•
. IN WITNESS WHEREOF, the said Principal and
this Instrument this ' day of
PAYMENT BOND
I r C Cp / jo(Jr y 1 ids �I�T{2l�lG I OY� file
Principa n
BY 42 . C1-. 0. :
Title 1�E '" '
Address 11Z U ROWNSuJ, '1-c • rk7
S� i 9e11��►� • loc •
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIAMSON II
THAT, McCuilouG.1 RE++aa I. / .eON4.A- c.Tors SNC,
of the City o f S . /'06LL
County of -,7 - 7 - 1-1- M /11 Prig v • and State of Loci/3;61/44
as principal, and FIREMAN'S FUND INSURANCE 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
TEN T11.vusAND SF_VEIV HedND2ED PIET Dollars ($ /D75C) °l )
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:
11 WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of ' , 19 , to which contract.is
111 1 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
II 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. -
•
Surety have signed and sealed
, 19 . • • •
: FIREMAN'S' FUND INSURANCE' COMfl4N1
S ety
. •
The name and addran, of the Resident Agent of Surety is
.c of 1-)t Z9 ii Co Ise r,S�.tGp %TM)V 1TXa
GENERAL
POWER or
ATTORNEY FIREMAN'S FUND INSURANCE COMPANY
•
KNOW ALL MEN nY THESE F'RFSEhTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and esisnng under the .
laws of the State of California. and having its principal office in the City and County of San Francisco. in said State.fus made. commuted anJ appointed,
and does by then presents make. constitute and appoint
G. E. THORNTON,.JAMES F. HARWELL, WADE P. THORNTON, E. F. RILEY, DAN L. JOSLIN, IRHA ESTES,
• CHIP CAMPBELL, FORD H05BY and DAVID STEGALL • •
NASHVILLE TN Jointly or severally
ha true and lawful Attomeyt4ln•Fact, with full power and authority hereby conferred in its name, place and stead, to r te euit. teal. ackrowtedgr and
deliver any and all bonds,, ° undertakings, recogniunccs or other written obligations in the oatute thereof
arsd to nd the orporation thereby s fully ad n to the same cat a if such bo were si g ned by the President, seated with the corporate seal of the
Corporation and C duly rammed by its a Secretary hereby ratifying rro and confirming alt that th e cud Attorneytsyin•Faet may do in the gwrmncs.
nit power of attorney is granted pursuant to Article V1 Section 30 and 31 of Bylaws of FIREMAN'S FUND INSURANCE COMPANY now in full
force and effect. • •
"Ankk VIII. Appointment Ind Authority Au6nnlxrrrtariu, and Attortrn .io.Part and Agents to arm' LepI Process andMal r Appanners.
Section 10, Appointment. The Chairman of the Board of Directors, the President. any Vice•Prntdent or any other person outlwrired by the Board of
Director', the Chai man of the Board of Directors', the President or any Vice•President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys•In•Faet to represent and act for and on behalf of the Corporation and Assiut to accept legal peoeets and male appearances for and on
behalf of the Corporation.
Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attntncys•imFact and Agents shall be as prescribed in the Instrument
evidencing their appointment, and any such appointment entail authority granted thereby may be retiled at any' lime by the Board of Dttector■ of by
any personempon akesuchappointment."
Thk power of attorney is signed and 'stied under and by the authority of the following Resolution adopted by the Board of Dueetors of FIREMAN'S
FUND INSURANCE COMPANY at a meeting duly called and held on the 13th day of July. 1966. and said Resolution bas nor been amended or
repealed:
"RESOLVED, that the signature of any Vice•President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be alfised or printed on any power of attorney. on any revocation of am power of attorney, or on any centhate rcfat,ne thereto, by
fataimile, and any power of attorney. lush revocation of any power of attorney. or cenifuite bearing such facsimile signature or faesimik teal shall be
valid and binding upon the Corporation.
IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to he signed by hi Vioe•President.
•and it' corporate sari to be hereunto affixed this 30 day. of • Ha rch 19 87
F1REMaN'S FUND INSURANCE COMPANY
rak
STATE OF CALIFORNIA
comm. OF 14ARIH
On thit 30th day of March ' 19 87 bere m
foe personally came RI chard Will lams
to me kno•n, who, being by me duly atom, did depose and sty: that he is \'tcc•Presdent of FIRE\I AN'S FL•ND IASUR A\CE COMPANY, the Cot.
potation described in and which executed ihr abuse instrument; that he loons the seal of said Corporation: that the seal attuned to the said Instrument
is 'itch corporate seal; that h was to affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by the order.
IN WITNESS WHEREOF, I have hereunto set my tund and affixed my official seal, the day and year herein first abase w 'hi m .
aMroomitralatanttnn Iall t n n,s In man
OFFICIAL SEAL
SUSIE K. GILBERT
WOToY PUNIC • Cui sou*a
Pees pat Ott.: elu: (m•ggy
Par ta.aa,ktiou t.a w,. n, nu
n,oaaatt0.1.1. M iimuu IaaaaM*aa.aaan1 aa0a
STATE of cA1SFOIWIA
I t
COUNrT OF MARDI f r• •
•
I. the undersigned, Resident Militant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been resoled: and furthermore 'that Article \'ill,
Sections 30 and 31 of the By.lant of the Corporation, and the Resolutton of the Board of Directors, set forth in the Pore of Attorney, are now in
force.
Signed and sealed at the County of harin. Elated the day of
By
CERTIFICATE
s,,, nise.ai
, 19
TYPE OF
INSURANCE
POLICY
. NO. - •
EFFECTIVE
• ..DATE. ..
• EXPIRATION _
... DATE.... .
.LIMITS.OF.LIABILITY
Workmen's
'
•
Statutdry,•State of
Compensation
5106767881
6 -1 -88
6-1-89
Texas, $ibb•,bbb• •
. • .
• Employer•! Liability
Comprehensive
Bodily Injury .
General
6 -1 -88
6 -1 -89
'$ • • •- each person
•$ each person •
Liability
1CG10899536C
• Includes
.. • • .
•
• • Contractual
.. --°
'
•
--Liability
•
. , • . •
'
Covers
Property Damage
': :•:
Independent
-
$' each accident.
' Contractors
.
•
$• aggregate •
•
COMBINED SINGLE LIMIT
Owner's #
Bodily Injury• .
•$•1;oOc.,00Qach
Protective '.-
person
••$•r,000,0 (each accident
•
Property Damage
• $ • i .nrio nnU'ach accident
.
'$•i:00000caggregate
Comprehensive
.•: °. _...
-=••
- t- �.:
: .
• 6 ••; -- .1 - 1e..:':.
• $': • • ..each person
Liability•.•;.~..
Owned
Vehicles •
1SJ$8, 7828
...
_.••• • _
••• • •
1
`1 ,
..
•$ each accident`
:, . ••••
Property Damage
Hired
•-•. each accident
Vehicles •
Non-owned
COMBINED SINGLE LIMIT
•vehicles
-
$I,000•,000•EACH ACCIDENT
Includes
•
Contractual
• _
. •
Liability
----- •_
TO: City of Round Rock
214 East Main Street
Round Rock, Texas 78664
CERTIFICATE OF INSURANCE
Date: "June *e 9,'19$8 • • •
Description of Work:1987 :C.I.P. INFILTERATION/
INFLOW CORRECTION MEASURES, CONTRACT 2
THIS IS TO CERTIFY THAT McCullough Rehab Contractors is, at the date of
this certificate, insured by this company with respect to the business opera-
tions hereinafter described, for the types of insurance and in accordance with
the provisions of the standard policies used by this company, and further here -
inafter described. Exceptions to standard policies are noted on the reverse -
side hereof. • •
•
nn
is
The above policies either in the body thereof or by, appropriate endorsement provide
1 that they may not be changed or cancelled by the insurer in less than ten (10) days
after the insured has received written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively amends, extends,•
or alters the coverage afforded by policy or policies indicated by this certificate.
'I
a
I
I
I
1
I
I..'.
I
lik
CERTIFICATE OF INSURANCE (CONTINUED)
PBD -7
TATES FIDELI _ & GUARANTY CO.
UNITED
Nam -A
By:
Title:
AUTHORIZED REPRESENTATIVE
Address: R.O. 80% •24630
NASHVILLE, TENNESSEE 37202
O CERTIFICATE OF INSURANCE 00702
ISSUE DATE /OD/YY)
,INNIMMI•
PRODUCER
❑
THORNTON & HARWELL AGENCY INC.
P 0 BOX 24630
NASHVILLE TN 37202
OA/10 /RR
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
U S F & G INSIIRANCF CO
COMPA
LETTER R •
INSURED
MCCULLOUGH REHAB.
CONTRACTORS, INC..
1126 BROWNSWITCH
SLIDELL, LA 70461
- -
COMPANY
LETTER C
COMPANY n •
LETTER
COMPANY E
LETTER
KIP /4:1•THX- `$'aCESI{ -
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. - -
CO R TYPE OF INSURANCE
POLICY NUMBER
DATE MOONY)
POLICY EXPIRATION
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY -
1C0108995360
06/01/88
06/01/89
GENERAL AGGREGATE
$ A A A
NI
�■
COMMERCIAL GENERAL LIABILITY
II
CLAMS MADE f V (OCCURRENCE
PRODUCTS- COMPIOPS AGGREGATE
A 8 A
PERSONAL S. ADVERTISING INJURY
A A A
®
.
OWNER'S & CONTRACTORS PROTECTIVE
EACH OCCURRENCE -
�$
CiIR�T�TA A
FIRE DAMAGE (ANY ONE FIRE)
MEDICAL EXPENSE (AN? ONE PERSON)
$
AUTOMOBILE
F
F
F
ir
-
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-0WNED AUTOS
GARAGE LIABILITY
1AB 108837828
'
06/01/88
.
-
06/01/89
GEL
$ 1 000
BODILY
(PER INJURY ERSON)
$
Pi
jkCADDEENTI
$
PROPERTY
DAMAGE
$
EXCESS
LIABILITY
OTHER THAN UMBRELLA FORM
EACH
OC CURREN CE
$
A GGREGATE
$
-
5106767881
06/01/88
06/01/89
STATUTORY I
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
$ 1 on (EA H ACCIDENT)
$ SAO (DISEASE POLICY LIMIT)
$ 100 (DISEASE EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS
1987 C.I.P. INFILTERATIN /INFLOW CORRECTION MEASURES, CONTRACT 2
HOLDER ' ' CANCELLATION
CERTIFICATE ?; i3
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
j PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF ROUND ROCK LEFT, BUT FAILURE MAIL SUCH OTIC LL IMPOSE NO OBLIGATION OR
214 E. MAIN STREET
LIABILITY OF ANY D UP THE C. P AGENTS OR REPRESENTATIVES.
ROUND ROCK, TX 78664
AUTHORIZED REPR
- AO
ACORD 25.S (11/85) _ - .. %' IIR /ACORO CORPORATION 1985 •
TYPE OF
INSURANCE
POLICY
NO
.
EFFECTIVE
. . -DATE. ..
EXPIRATION
... DATE.... .
.LIMITS.OF. LIABILITY '
Workmen's
Compensation
Statutory, State of '
Texas, $
.Employer'-s Liability
•
Comprehensive
General
Liability
Includes
Contractual
-----Liability •
Covers
Independent
Contractors
Owner's •
Protective .
•
•
•
.
.
• --
- .
.
•
.
.
Bodily. Injury
$ - - -• each person
$ .. each person •
-
Property. Damage
$"': each accident
$ aggregate '
Bodily Injury
'$ • -- - -. each person
' $ each accident
Property Damage
•$ • • . . ..each accident
.$ aggregate
Comprehensive
Automobile ; . _
Liability•.••n -.
Owned
Vehicles
Hired
Vehicles
Non -owned
.Vehicles
Includes
Contractual
Liability
_
""
__...
.
-
•
.. .. .._ .
._.
_ ...>:me•.
- • .
.
Bodily Injury ,= • - :::••-
' $ • _ . • - •'each person •-
•$ - each accident.
- --
•
-
Property Damage
$. .... "each accident
.
.
- _"
I
TO: City of Round Rock
214 East Main Street
Round Rock, Texas 78664
CERTIFICATE OF INSURANCE
Date:
Description of Work:
THIS IS TO CERTIFY THAT is, at the date of
this certificate, insured by this company with respect to the business opera-
tions hereinafter described, for the types of insurance and in accordance with -
the provisions of the standard policies used by this company, and further here-
inafter described. Exceptions to standard policies are noted on the reverse •
side hereof.
pen - ti
CERTIFICATE OF INSURANCE (CONTINUED)
The above policies either in the body thereof or by appropriate endorsement provide
that they may not be changed or cancelled by the insurer in less than ten (10) days
after the insured has received written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively amends, extends,
or alters the coverage afforded by policy or policies indicated by this certificate.
PBD - 7
(Name of Insurer)
By:
Title:
Address:
1
1
1
1
l_I
BOND NUMBER AMOUNT
That we,
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
(hereinafter called the "Principal ")
as Principal, and the , a corporation duly
organized under the laws of the State of , and duly licensed
to transact business in the State of (hereinafter called the
"Surety'), as Surety, are held and firmly bound unto
THE CITY OF ROUND ROCK, TEXAS
(hereinafter called the "Obligee"),
in the sum of dollars
($ ),for the payment of which sum well and truly to be made,
we, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these
presents.
Sealed with our and dated this
nineteen hundred and
WHEREAS, the said Principal has heretofore entered into a contract with
dated , 19 , for construction of
day of ,A.D.
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
U /Ms
Pri eg roc— / A/C—
by �� G- -.:OA — S •
Surety
by
4.0 GENERAL CONDITIONS
1
1
I)
1
1
1 .
1
1
1
1
1
1
1,
1'
1
Contents
1. Definition of Terms
1.01 Owner, Contractor and Engineer
1.02 Contract Documents
1.03 Sub-Contractor
1.04 Sub-Subcontractor
1.05 Written Notice
1.06 Work
1.07 Extra Work
1.08 Working Day
1.09 Calendar Day
1.10 Substantially Completed
2. Responsibilities of the Engineer and the Contractor
2.01 Owner-Engineer Relationship
2.02 Professional Inspection by Engineer
2.03 Payments for Work
2.04 Initial Determinations
2.05 Objections
2.06 Lines and Grades
2.07 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
GC-1
3.13 Protection Against Claims of Sub - Contractors, etc.
3.14 Protection Against Royalties or Patented Invention
3.15 Laws and Ordinances
3.16 Assignment and Subletting
3.17 Indemnification
3.18 Insurance
3.19 Final Clean -Up
3.20 Guarantee Against Defective Work
4. Prosecution and Progress
4.01 Time and Order of Completion
4.02 Extension of Time
4.03 Hindrances and Delays
5. Measurement and Payment
5.01 Quantities and Measurements
5.02 Estimated Quantities
5.03 Price of Work
5.04 Partial Payments
5.05 Use of Completed Portions
5.06 Final Completion and Acceptance
5.07 Final Payment
5.08 Payments Withheld
5.09 Delayed Payments
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Arbitration
7. Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
8.02 Subcontractual Relations
8.03 Payments to Subcontractors
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contracts
9.03 Cutting and Patching Under Separate Contracts
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
GC - 2
1
F
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 serve its intended purpose, but still may require minor miscel-
laneous work and adjustment.
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties, responsibilities and
limitations of authority of the Engineer as the Owner's representative during construction are as set
forth in the Contract Documents and shall not be extended or limited without written consent of the
Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc-
tions to the Contractor shall be issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of
the executed work and to determine if such work generally meets the essential performance and design
features and the technical and functional engineering requirements of the Contract Documents; provided
and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way
responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality,
procedures, programs, safety precautions or lack of same incident thereto or in connection therewith.
Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer
shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac-
tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or
any other person, firm or corporation performing or attempting to perform any of the work.
2.03 Payments for Work
The Engineer shall review Contractor's applications for payment and supporting data, determine the
amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such
approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional
GC
.
1
1
1
1
(1
1
1
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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 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-
:- cd-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 5500.00 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,
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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 reexamination, by the Engineer, prior to
fatal 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
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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
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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 or 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.
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3.12 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to
be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of
the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of
the work, shall be sustained and borne by the Contractor at his own cost and expense.
3.11 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining property or properties
in any way encountered, which might be injured or seriously affected by any process of construction to
be undertaken under this Agreement, from any damage or injury by reason of said process of construc-
tion; and. he shall be liable for any and all claims for such damage on account of his failure to fully
protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner
and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining
property, arising or growing out of the performance of the contract regardless of whether or not it is
caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of
any kind arising solely out of the existence or character of the work.
3.13 Protection against Claims of Sub - contractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims
growing out of the lawful demands of sub - contractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis-
sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the
Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option
of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully
discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the
terms of this contract, but in no event shall the provisions of this sentence be construed to impose any
obligation upon the Owner by either the Contractor or his Surety.
3.14 Protection against Royalties or Patented Invention
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design,
device. material or process covered by letter patent or copyright by suitable legal agreement with the
patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy-
right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account
thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the product of a particular manufacturer or
manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner
harmless from any loss on account thereof. If the material or process specified or required by the Owner
is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such
information to the Owner.
3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances
and regulations, which in any manner affect the contract or the work, and shall indemnify and save
harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordi-
nances, and regulations whether by the Contractor or his employees, except where such violations are
called for by the provisions of the Contract Documents. If the Contractor observes that the plans and
specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces•
sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor
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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-Subcontractor, anyone directly or indirectly employed by any one of them or anyone
for whose acts any of them may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer,
his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys.
Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys, Change
Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the
Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury
or damage.
In any and all claims against the Owner or the Engineer or any of their agents or employees by any
employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli-
gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub.
Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit
acts.
3.18 Insurance
The Contractor shall carry inurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation
B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for
each occurrence including like coverage for acts and omissions of Subcontractors and
contractual liability coverage.
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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 -up
Upon the completion of the work and before acceptance and final payment will be made, the Contractor
shall clean and remove from the site of the work, surplus and discarded materials, temporary structures
and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal
to that which originally existed. Surplus and waste materials removed from the site of the work shall be
disposed of at locations satisfactory to the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris as above
provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and
the reasonable cost thereof shall be deducted from the final payment.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in conformance with the
plans and specifications included in this contract for a period of one year from the date of acceptance of the
project. Said warranty binds the contractor to correct any work that does not conform with such plans and
specifications or any defects in workmanship or materials furnished under this contract which may be dis-
covered within the said one year period. The Contractor shall at his own expense correct such defect within
thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to
the condition called for in the contract documents and plans and specifications. Should the Contractor fail
or iefuse 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.
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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.
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Where payment is based on the unit price method, the Contractor agrees that he will make no claim for
damages, anticipated profits or otherwise on account of any differences which may be found between the
quantities of work actually done, the material actually furnished under this contract and the estimated
quantities contemplated and contained in the proposal; provided, however, that in case the actual quan-
tity of any major item should become as much as 20% more than, or 20% less than the estimated or con-
templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled
to a revised consideration upon the portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a
total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of
the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, otherwise by the terms
of this Agreement, as provided under "Extra Work."
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and the completion
of all work by the Contractor, and on the completion of all work and on the delivery of all material em-
braced in this Contract in full conformity with the specifications and stipulations herein contained, the
Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been
made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense incurred by him, and for well
and truly performing the same and the whole thereof in the manner and according to this Agreement.
5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing
the total value of the work performed up to and including the 25th day of the preceding month. The state-
ment shall also include the value of all sound materials delivered on the job site and to be included in the
work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the
Engineer is acceptable. The Engineer shall examine and approve or modify and. approve such statement.
The Owner shall then pay the Contractor on or before the 10th day of the current month the total
amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be
retained until final payment, and further less all previous payments and all further sums that may be
retained by the Owner under the terms of this Agreement. It is understood, however, that in case the
whole work be near to completion and some unexpected and unusual delay occurs due to no fault or
neglect on the part of the Contractor, the Owner may —upon written recommendation of the Engineer —
pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at
the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the
Contractor shall receive payment of the balance due him under the contract subject only to the condi-
tions stated under "Final Payment."
5.05 Use of Completed Portions
The Owner shall have the right to take possession of and use any completed or partially completed por-
tions of the work, notwithstanding the time for completing the entire work or such portions may not
have expired but such taking possession and use shall not be deemed an acceptance of any work not
completed in accordance with the Contract Documents. If such prior use increases the cost of or delays
the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as
the Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substan.
tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in
writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished
work and will add thereto such items as the Contractor has failed to include. The "substantial comple-
tion" of the structure or facility shall not excuse the Contractor from performing all of the work under-
taken, whether of a minor or major nature, and thereby completing the structure or facility in accor-
dance with the Contract Documents.
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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 acid prepare final statement for the value of all work performed and materials furnished under the
terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or
before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance
due the Contractor under the terms of this contract; and said payment shall become due in any event
upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill-
ment of any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part
of any certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied or other obligations hereunder not done.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the Contractor to make payments properly to subcontractors or for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount.
(f) Reasonable indication that the work will not be completed within the contract time.
When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the
Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts
withheld because of them.
5.09 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 %u 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.
ser. 7445
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 (8)
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-
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madly 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 in connection with Extra Work, where credit shall
be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in
the final settlement.
Where there is no performance bond provided or in case the Surety should fail to commence compliance
with the notice for completion hereinbefore provided for, within ten (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 lave 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
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Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which
remain on the work, and belong to persons other than the Contractor or his Surety, to their proper
owners. The books on all operations provided herein shall be opened to the Contractor and his Surety.
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with
said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment,
and all materials on the site of work that have not been included in payments to the Contractor and
have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total
amount earned by the Contractor, which estimate shall include the value of all work actually completed
by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of
all partially completed work at a fair and equitable price, and the amount of all Extra Work performed
at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the whole work to completion and which
cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be
retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall
pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor
the balance shown by said final statement as due the Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor,
as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep-
tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the
principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the
Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such
list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub-
contractor on the list shall constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization (including those
who are to furnish materials or equipment fabricated to a special design) proposed for portions of the
work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig-
nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by
the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or
person or organization against whom he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub-
mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions
to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be
increased or decreased by the difference in cost occasioned by such substitution and an appropriate
change order shall be issued; however, no increase in the Contract amount shall be allowed for any such
substitution unless the Contractor has acted promptly and responsively in submitting for acceptance
any list or lists of names as required by the Contract Documents or the Instructions to Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization
previously accepted by them, the Contract amount shall be increased or decreased by the difference in
cost occasioned by such change and an appropriate Change Order shall be issued.
The Contractor shall not make any substitution for any Subcontractor or person or organization who
has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner
and the Engineer.
'GC -19
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate'written
agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac-
tors and Sub - subcontractors) which shall contain provisions that:
(1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to
the work to be performed under the subcontract so that the subcontracting thereof will not
prejudice such rights;
(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.
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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.
Rer. 7.1.75
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
Re,. 7.1.75
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5.0 SPECIAL CONDITIONS
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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
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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
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.
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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 - 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 -BOUTS" 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.
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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 - 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.
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02 -09 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review
the quality of materials and workmanship.
02 - 10 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 -12 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:
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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.
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6.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 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 internal
grouting and air tests complete in accordance with the
Plans, and subject to the terms and conditions of the
Contract Documents.
1.01.1 PRODUCTS
The chemical grout to be utilized for this product is as
follows:
1. AV -100 Chemical Grout as manufactured by Avanti
International, Inc. or;
2. Approved equal.
The chemical root inhibitor to be utilized for this project
is as follows:
1. Noresac 50W as manufactured by Avanti International,
Inc. or;
2. Approved equal
Grout gel time, root inhibitor concentration in the grout
mixture and any special additives to the grout mix along
with their respective concentrations shall be determined
by the Contractor and the Engineer prior to any
construction. No separate payment will be made for the
addition of catalysts, root inhibiors or any other additives
to the grout mix.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
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 term "Engineer" is used in the Austin
Specifirations, it shall be construed to mean the City of
Round Rock.
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1.02.1 EXECUTION
Prior to grouting -
The Contractor shall meet with the City Engineer or his
designated representative prior to commencement of any
work on each of the line segments, as shown in the pans,
so that he is clear of the actual location of each line
segment in the field.
The Contractor shall coordinate efforts and work required
to temporarily provide bypass of sewage in order to
properly execute the video and repair work. The
Contractor shall discuss the proposed method of bypass
with the City Engineer or his designated representative
prior to start-up. No separate payment will be made for
temporary bypass measures that are necessary to perform
the work included in this contract.
The segment of line to be precm re grouted shall be
cleaned before the repair operation begins. This shall be
accomplished with, but not limited to, a high water
pressure hose. All debris, grease, residuals, rocks, roots,
etc., are to be removed from the segment of line to be
grouted. Manholes which are upstream and downstream and
define the segment of line scheduled for pressure grouting
shall be left in a cleaned state after the line cleaning
operation. Debris shall not be allowed to accumulate in
the manholes.
After the segment of line has been cleaned, a permanent
video record shall be made of the cleaned segment of
pipe. The video record shall be in the form of a VHS video
cassette tape. The video record ita.1F shall be free of
defects, shall be clear and shall be of a high quality that
is conducive to sound and accurate engineering analyses,
conclusions and recommendations. The video record shall
have recorded on it the date, time, location, start point,
Contractor, Owner, size of pipe, type of pipe, finish point,
finish time. The video shall become the property of the
Owner and shall be shown to a designated city
representative prior to the repair operations. The City
Engineer or his designated representative shall determine
if the video record is or is not accepthhle. The
Contractor shall reperform the video record, at his sole
expense, for any video record deemed unacceptahla
Pressure grouting -
The intent of the pressure grout is to stop
infiltration/inflow at pipe joints and/or locations of
circumferential cracks (C- cracks). As such, no grouting of
any pipe joint and /or C -crack that could cause the
propagation of a longitudinal crack to occur is permitted.
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It is the Contractor's responsibility for determining
whether a joint or C -crack can be successfully grouted
and pressure tested without causing a crack to develop
longitudinally.
The Contractor will assume the liability of the subsequent
repair of any section of pipe that is damaged from the
grouting operation or any related activity.
The grouting operation shall be accomplished with a
complete unit capable of video recording the position of
the grouting unit and performing an air test on the joint
and/or C- crack. The video record of the section of line
that has been grouted and air tested will become the
property of the Owner.
A pressure gauge shall be mounted where the camera
operator can view the gauge and observe the repair
operation simultaneously. The gauge will be calibrated to
read a maximum of five (5) p.s.i.g. with increments of
two-tenths (240).
Air test -
The air test shall determine whether a joint and/or
C -crack is in need of repair. The air test acts as the
acceptance of whether a joint and /or C -crack has been
successfully grouted. Air pressure shall be applied as
f000ws:
1. Apply air pressure on the joint or C -crack until the
test pressure of 4 p.s.i.g. is reached.
2. Allow the temperature and pressure to stabilize for a
period of one (1) minute. Then either increase or decrease
the pressure to 4 p.s.i.g.
3. At 4 p.s.i.g. the time shall be noted.
If the time for the air pressure to decrease from 4 p.s.i.g.
to 3 p.s.i.g. is greater than 15 seconds, the pipe joint or
C -crack shall be presumed to be free from defects. If the
time is less than 15 seconds, the joint and/or C -crack
shall then be pressure grouted and retested according to
steps 1, 2 and 3 above. This process shall be repeated
until the grouted joint and/or C -crack passes the air test.
Root Inhibitor -
All joints and/or cracks that have been invaded by roots
shall be sealed with a pressure grout mix containing
dichlobeniL Use of dichlobenil shall be governed by the
manufacturer's recommendations.
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ITEM 2
1 2.01
1 2.01.1
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If there is evidence that root growth is heavy and well
developed, the contractor shall make a recommendation to
the Engineer stating whether or not the joint and /or
C -crack can be successfully grouted. Joints arxl/or
C- cracks that cannot be successfully grouted because of
extensive root intrusion shall be pretreated with a solution
containing vapam and dichlobenil in accordance with
manufacturer's directions.
All joints and /or C- cracks requiring pretreatment shall be
paid for per each at the same unit price of Item 4 of the
bid proposal However, the Contractor shall not be
responsihle for grouting joints acid /or C- cracks that
require pretreatment because of extensive root intrusion.
Accurate locations of pretreatment shall be documented
by the Contractor and such documentation shall be
provided to the Owner so that the Owner knows the
locations which he must grout after allowing sufficient
time for the pretreatment
The Contractor shall not add solutions containing vapam
to any grout solution.
CONTROL OF WORK
CLEAN -UP
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, mud, excess earth or
debris which constitutes a nuisance or danger to the
p,hlic 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, shag be immediately removed.
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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 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined
and reviewed by the Engineer, representatives of all
governmental entities which have juri: rlirtion, 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 g 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 repsentative sentative 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.
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the
Engineer.
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4.02 PROTECTION OF TREES, PLANTS, AND SHRUBS
The Contractor shall take necessary precautions to
perserve all existing trees, plants and shurbs. Where it is
justifdcable and necessary, the Contractor may remove
trees and plants for construction right -of -way but only
with the 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 propety corner monuments if
disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make
arrangement for the disposal of surPlnc 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.
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 determied and judged by the Engineer in his
sole discretion.
5.02 MATERIAL AND WORKMANSHIP
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No matPria1 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 matprial9 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 of judgement of the Engineer. Unless otherwise
specified, all matPriAlc 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 mater al, 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 prod
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7.0 SPECIAL PROVISIONS
Special Provision to Technical Specifications
Item 1.01.1, "Products"
By execution of the Agreement the Contractor warrants that he is
experienced in the usage of acrylamide grout and that he fully
understands the potential dangers from improper use of acrylamide
grout, any chemicals, catalysts, root growth inhibitors and any
other additives associated with the grouting operation. By
execution of the Agreement, the Contractor further warrants that
he shall follow all procedures and operating practices, and take
all safety precautions as recommended by the acrylamide grout
manufacturer. The Contractor shall also certify compliance with
the respective acrylamide grout manufacturer's safety program not
unlike the "Safe Operating Practices Program" for which all buyers
from Avanti International must certify compliance. Finally, the
Contractor shall require the same warranties and certifications
outlined above from any subcontractor who is contracted with to
perform or assist in the grouting operation.
Special Provision to Technical Specifications
Item 1.02.1, "Execution"
The Contractor shall comply with all applicable regulations of
the United States Occupational Safety and Health Administration
while carrying out the construction associated with this
contract. The Contractor shall certify that any personnel using
acrylamide grout or potentially exposed to the hazards of
acrylamide grout, whether under his employ or under the employ of
any subcontractor, have been informed of the toxicity of
acrylamide grout and any of its components and understand the
potential dangers from improper use thereof. The Contractor shall
also certify that all personnel performing or associated with the
grouting operation, whether under his employ or under the employ
of any subcontractor, have been instructed in the proper
precautions and procedures for storing, handling and using
acrylamide grout, and any of its components, and any other
additives.
The Contractor shall require all personnel who are using
acrylamide grout or are potentially exposed to the hazards of
acrylamide grout, whether under his employ or under the employ of
any subcontractor, to wear equipment necessary to protect against
bodily injury or harm. Safety equipment shall be as recommended
by the respective acrylamide grout manufacturer. Standard safety
equipment shall include but not be limited to : waterproof coat
and pants, rubber gloves, rubber boots or rubber overshoes,
safety glasses or goggles and respirators approved by the U.S.
Bureau of Mines for protection against toxic dusts and vapors in
confined or poorly ventilated places. All safety equipment shall
be maintained in such a manner that it properly serves its
intended purpose at all times.
The Contractor shall comply with all recommendations of the
respective acrylamide grout manufacturer regarding: Facilities and
methods required to isolate, cover and clean hazardous material
spills whether on equipment or in the storage, handling and
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working areas; Disposal of spilled or unwanted hazardous
materials; Proper techniques for storing, handling and using
combustible materials; Proper fire extinguishers necessary in
areas where combustible materials are stored, handled or used;
Warning signs that demonstrate a person is having a reaction to
or may become overexposed to a hazardous material; And, immediate
measure to be taken, including first aid, in the event any
personnel fail to wear safety equipment in areas containing
hazardous materials, exhibit signs of exposure to hazardous
materials or cane in contact with hazardous materials.
The Contractor shall provide adequate first aid facilities in all
areas where hazardous materials are stored, handled or used. These
first aid facilities shall be as recommended by the respective
acrylamide grout manufacturer and shall be maintained in such a
manner that they properly serve their intended purpose at all
times.
The Contractor shall perform the grouting operation in such a
manner that at all times protects the general public from hazards
or harms. The Contractor shall exercise extreme caution when
working in areas where the possibility exists that people or
animals could come in contact with hazardous materials.
Unauthorized persons or personnel shall not be allowed in areas
where hazardous materials are stored, handled or used unless they
are provided with adequate protection, safety equipment and
instruction. The Contractor shall make provisions so that
inspectors or Owner's representatives are allowed to observe the
grouting operation in a safe and adequate manner to insure the
work is being carried out in conformance with the plans and
specifications. The Contractor shall provide inspectors or
Owner's representatives proper and adequate safety equipment if
necessary to protect these persons while observing the grouting
operation.
The Contractor shall take adequate precautions to insure that
contamination of any water used for a potable water system,
whether privately or publicly owned, will not occur. The
Contractor shall hold the Owner, the Owner's representatives and
the Engineer harmless from any claim made for contamination of
any water used for a potable water system or made for any
injuries or damages sustained by any employee, individuals,
groups, governmental entities, business corporations or any other
person or organization resulting from the execution of the work
associated with this contract.
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