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R-88-1123 - 6/3/1988RESOLUTION NO. PAY WHEREAS, the City has duly advertised for bids for the hauling of base material for Old Settlers Park at Palm Valley, and WHEREAS, S.S.T. Transport, Inc. submitted the lowest and and best bid, and WHEREAS, the Council wishes to accept the bid of S.S.T. Transport, Inc., and to authorize the execution of the necessary documents, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of S.S.T. Transport, Inc., is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with S.S.T. Transport, Inc., for the hauling of base material for Old Settlers Park at Plam Valley. RESOLVED this 3rd day of June, 1988. ATTEST: NE LAND Ci Secretary tary MIKE ROBINSON, Mayor City of Round Rock, Texas CITY OF ROUND ROCK OLD SETTLER'S PARK AT PALM VALLEY HAULING BASE, PHASE 1 ROAD CITY OF ROUND ROCK OLD SETTLER'S PARK AT PALM VALLEY HAULING BASE, PHASE 1 ROAD Section Table of Contents _Ent 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 1.0 NOTICE TO BIDDERS NOTICE TO BIDDERS RUN: 19 May 1988 23 May 1988 26 May 1988 30 May 1988 The City of Round Rock will be accepting sealed bids at City Hall, 221 East Main Street, Round Rock, Texas for the hauling of base material by 20 Yard Belly Dump Trucks from Texas Crushed Stone to job site at 3300 Palm Valley Boulevard. Bids will be received until 2:00 p.m., Thursday, June 2, 1988 at which time they will be opened and publicly read. Bids will be submitted in a sealed envelope marked: "BID FOR Phase I, Hauling Base Material for Road, Old Settler's Park at Palm Valley." Specifications are available at job site from Larry Madsen, Project Manager, 3300 Palm Valley Boulevard, Round Rock, Texas, phone number 244 -2463. The City of Round Rock reserves the right to reject any or all bids. NB -1 2.0 BID DUCUMENPS OWNER: City of Round Rock, Texas INSTRUCTIONS TO BIDDERS JOB NAME: Old Settler's Park at Palm Valley, Phase 1 Road, Hauling Base 1. The Contractor is to haul base material from Texas Crushed Stone by 20 Yard Belly Dump Trucks and dump in excavated road that is to be built. 2. The Contractor will be given 24 hour notice to haul. 3. A per ton price is required and quantities of work to be done are unit prices and are approximate only and are intended to serve as a guide in evaluating Bids. 4. It is further agreed that quantities of work to be done at unit prices may be increased or diminished as may be considered necessary in the opinion of the Project Manager to complete the work as planned and all quantities of work are to be performed at unit prices. 5. The Contractor shall assure that only material from the City approved stockpile at Texas Crushed Stone be received. A weigh ticket indicating source and weight is the liability of the Contractor. The Owner's representative will be given a weigh ticket at time of delivery. 6. Awarding of Contract will be made within 30 days after opening of the proposals and within 5 days after written notification of Award of the Contract the successful Bidder must furnish proof of Insurance, and it must be approved by the City of Round Rock. 7. A notice of 24 hours will be given to haul. The price will be good for six months from date of Contract. 8. Construction funds are being assisted by the Texas Parks & Wildlife and Contractor must comply with regulation of the Civil Rights Act of 1964. 9. Specifications are those of the City of Austin Standard Codes as adopted by the City of Round Rock. BD -1 3.0 POST BID DOCUMENTS 01 PROPOSAL BIDDING SHEET i AGREEMENT Bid Item Quantity Unit Item Description Unit Price Amount 1 7,400 Tons Hauling Base Material 1.16/T $8584.00 By 20 Yard Dump Trk, to excavated Road M and dump, per ton If proposal is accepted, the Undersigned agrees to execute the Contract and provide necessary Insurance Certification and commence work with five (5) days after written Notice to Proceed. The prices will be good for a six month period. SST TRANSPORT, INC. N P.O. BOX 12517 Address AUSTIN, TEXAS 78711 Telephone lik) ‹s-7— i- Na m of d iiir frj 1 1 BD -2 Respectfully Submitted -7/1 Autho z Signature T'8tle For: THE STATE OF TEXAS 1 COUNTY OF WILLIAMSON That this Agreement made and entered into this ,2 day of A.D., 19, by and between the CITY OF ROUND ROCK, TEXAS, B Mayor, First Party, hereinafter termed the Owner, and , of the City of„ County of ". J , State of ■a-tJ , Second Party, hereinafter termed the Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the First Party to commence and complete the construction of certain im rovemen at the prices set forth in the Contractor's Proposal dated L_n€. ki / 9 g g for certain improvements described as follows: AGREEMENT KNOW ALL MEN HY THESE PRESENTS 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 Award of Contract and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within six months. 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 Invitation to Bidders The Instructions to Bidders The Proposal and Bidding Sheets The General Conditions of Agreement The Special Conditions of Agreement PBD -1 AGREEMENT (CONTINUED) IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in the year and day first above written. ATTEST: City Secretar PBD -2 CITY OF ROUND ROCK, TEXAS, OWNER By Mayor 5 7_ 5 7 5 - 1 Contractor d Of ® .1.4- - CERTIFI ATE I SSUE DATE (MMJOD/YV) OF INSURANCE 6/3/88 ncb PRODUCER Keith Surplus Lines Agency P. 0. Box 609 Desoto, Texas 75115 (214) 224 -3503 IN -TEXAS ONLY: WATS 1-800-442- 3307 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 A LtIIER SOUTHERN COUNTY MUTUAL INSURANCE CO COMPANY B LETTER INSURED Steves South Texas Corporation SST Transport, Inc. P. O. BOX 12517 Austin, Texas 78711 COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES TIONS OF SUCH POLICIES. COMPANY LETTER C RECEIV ■ p COMPANY D - ; ' 1988 LETTER COMPANY E LETTER BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE PATE (MAINONY) PO T M/DEVTDN GATE (8855515 LIABILITY LIMITS IN THOUSANDS EA H OCCURRENCE AGGREGATE GENERAL ■ • - ■ ■ ■ III ■ • LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS EEXPLLO IION COLLAPSE HAZARD PROOUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY BODILY INJURY $ $ PROPERTY DAMAGE $ $ COMBINED $ $ PERSONAL INJURY A . AUTOMOBILE ■ ■ ■ ■ ■ 1 LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS) uL OWNED AUTOS ( R N) HIRED AUTOS NON-BWNED AUTOS GARAGE LIABILITY ___ _ ..IE H -. _._' -._. SCB 000054 - • • - • , - . . 11/01/87 L- ased t 11/01/88 m "NAMED MET INJURY PB50Rl $ C- EODt INJURY m $ PROPERTY DAMAGE $ Bt a PD COMBINED MI ' EXCESS ■UMBRELLA ■ LIABILITY FORM OTHER THAN UMBRELLA FORM INSURED" BI a PD COMBINED m $ $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY ®.. $ (EACH ACCIDENT) $ (DISEASE- POLICY LIMIT) OTHER - � DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS RECEIVED I g : : CERTIFICATE HOLDER CITY OF ROUND ROCK Attn: Mr. Larry Matheson Round Rock, Texas 78664 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F URE TO MAIL SUCH NOTICE SHALL IMPOSE NO OR LIABILITY OF ANY KIWI; PON THE COMPANY ITS AGENTS OR REPRESENTATIVES. AUTHORIZED / • ,Tam- : �Rli� e ACORD 25 (8/84) • 4 IIR /ACORD CORPORATION 1984 TYPE OF INSURANCE POLICY . NO. . ' EFFECTIVE . ..DATE .. EXPIRATION .. DATE.... . --- .LIMITS.OF.LIABILITY Workmen's Compensation . of Texas, $ Employer..s is t tty Comprehensive General Liability Includes Contractual -•---Liability- Covers Independent Contractors Owner's r Protective . _ . • • - . • - -- . • .. . . Bodily Injury $ . - •• each person $ •• each person • . . Property. Damage $' " ': each acciden• S' " aggregate Bodily Injury '$ •.. . -. each person "$ each acciden' Property Damage •$ - - - - •each acciden' aggregate .. Comprehensive . Automobile., _: ' - - Liability.-•.- . -.. Owned .. _ Vehicles - Hired Vehicles Non -owned Vehicles Includes Contractual Liability :.. .. _ — _ . . .. _ . . - ::r,•• - Bodily Injury . '$ • • -.. :. each per $ each acciden' .. Property Damage $' • .. each acciden' . . • __ 1 t Ci 1 1 1 l 1 1 1 • A l 70: City of Round Rock 214 East Main Street Round Rock, Texas 78664 .% CERTIFICATE OF INSURANCE • PBD -3 • Date: Description of Work: . • THIS IS TO CERTIFY THAT is, at the date of I this certificate, insured by this company with respect to the business opera- tions hereinafter described, for the types of insurance and in accordance with ' the provisions of the standard policies used by this company, and further here- / inafter described. Exceptions to standard policies are noted on the reverse side hereof. ' CERTIFICATE OF INSURANCE (CONTINUED) • The above policies either in the body thereof or by appropriate endorsement provide 1 that they may not be changed or cancelled by the insurer in less than ten (10) days 11 the insured has received written notice of such change or cancellation. 1 This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. 1 1 i 1 1 1 1 1 1 1 1 PBD -4 (Name of Insurer) By: Title: Address: I I I I I I I I I I I I I I I I I I I 4.0 GENERAL CONDIT IONS 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 SubSubcontractor 1.05 Written Notice 1.06 Work . 1.07 Extra Work 1.08 Working Day 1.09 Calendar Day 1.10 Substantially Completed 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 2.04 Initial Determinations 2.05 Objections 2.06 Lines and Grades 2.07 Contractor's Duty and Superintendence 2.08 Contractor's Understanding 2.09 Character of Workmen 2.10 Contractor's Buildings 2.11 Sanitation 2.12 Shop Drawings 2.13 Preliminary Approval 2.14 Defects and Their Remedies 2.15 Changes and Alterations 2.16 Inspectors 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design 3.04 Right of Entry 3.05 Collateral Contracts 3.06 Discrepancies and Omissions 3.07 Equipment, Materials and Construction Plant 3.08 Damages 3.09 Protection Against Accident to Employees and the Public z,3. 10 _Performance_and_Pa 3.11 Losses from Natural Causes 3.12 Protection of Adjoining. Property General Conditions of Agreement GC-1 $.18 Protection Against Claims of SubContracton, ate. 1.14 Protection Against Royalties or Patented Invention ▪ .16 Laws and Ordinances $16 Assignment and Subletting � 17 Indemnification .18 Insurance 3.19 Final Clean -Up (.20 Guarantee Against Defective Work . Prosecution and Progress 1 01 Time and Order of Completion .02 Extension of Time 4.03 Hindrances and Delays I . Measurement and Payment I .O1 Quantities and Measurements .02 Estimated Quantities .03 Price of Work t r 04 Partial Payments) .05 Use of Completed Portions . 06 Final Completion and Acceptance 6.07 Final Payment 1.08 Payments Withheld ▪ .09 Delayed Payments Extra Work and Claims .01 Change Orders I .02 Minor Changes .03 Extra Work .04 Time of Filing Claims 6.05 Arbitration I . Abandonment of Contract I .01 Abandonment by Contractor .02 Abandonment by Owner I . Subcontractors .01 Award of Subcontracts for Portions of the Work 8.02 Subcontractual Relations 1 .03 Payments to Subcontractors 9. Separate Contracts I .01 Owner's Right to Award Separate Contracts .02 Mutual Responsibility of Contracts .03 Cutting and Patching Under Separate Contracts i 0. Protection of Persons and Property ▪ 0.01 Safety Precautions and Programs ▪ 0.02 Safety of Persons and Property. 10.03 Location and Protection of Utilities IC•2 • • • -7 i 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 Contra.^.t 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 z any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1 1 I 1 1 1.02 Contract Documents 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. • 1.03 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 w ii, •. k materials. Materials or work described In words which so applied have a well known technics/ 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 'Pm. 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. 1 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship It! Engineer will be the Owner's representative during construction. The duties, responsibilities and 'tations 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 ner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc- 'ons to the Contractor shall be issued through the Engineer. 1 .02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of e executed work and to determine if such work generally meets the essential performance and design e atures and the technical and functional engineering requirements of the Contract Documents; provided d 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 t esponsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, rocedures, 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 hall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac. � or, 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. 1 .03 Payments for Work • The Engineer shall review Contractor's applications for payment and supporting data, determine the ount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such pproval of payment to Contractor constitutes a representation to the Owner of Engineer's professional IrC-4 g. yJ 1 a 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 repro. sentation by Engineer that Engineer has made any 'examination to determine bow or for what purpose Contractor has used the moneys paid on account of the Contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci- sion had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac- cordance with the meaning and intent of this contract, either party may file with the Engineer within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English-speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instruc- tions being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall ' be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop draw- ' GC5 logs for temporary construction or construction processes, or by other mans 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 ouch performance. Deviation by the Contractor from plena 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 Contractors 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 S500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractors 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 Contractoria such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set- ting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor- rections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsi- bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings GC-6 - M • Y 1 1 1 . 1 1 1 or schedules to result in finished improvements In conformity with the plans and spedfications, and shall not relieve the Contractor of hie duty as an independent contractor as previously set forth, E being expresuly understood and agreed that the Engineer does not assume "any duty to pus 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 et 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 fmal acceptance, and if found not in accordance with the plans and /or specifications for said work, all expense of removing, reexamination 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 oe 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 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 snake 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 prepare. Lion 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 : ,.. I 3.02 Ownership of Drawings • observing the coo& to pmgras 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 Contester their respective reports, opinions, questions, answers and clarifications concerning the plane, 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- I neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con- tractor concerning the plane, 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- I table work and the re-doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible I 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. ' 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. 1 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 I 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. 1 3.04 Right of Entry I 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. 1 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the I 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 I GC-8 ��1 • 1 1 1 1 1 1 1 1 1 1 1 i 1 1 companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions It is further agreed that It Is the intent of this contract that all work must be done and all material must be, furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of Interpretation defined under "Contract Docu• ments ",shall govern. In the event that there is still any doubt as to the meaning and Intent of any por- tion of the contract, specifications or drawings, the Engineer shall define which Is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate- rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, orris• 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 (1001 percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supply- ing labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds in the State of Texas. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal. GC•9 3.12 Losses from Natural Causes ')pleas otherwise specified, all b» or damage to the Con tractor arising out of the nature • of the work to �e done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of same, or from unusual obstructions or difficulties which may be encountered in the prosecution of he work, shall be sustained and borne by the Contractor at his own cost and expense. 9.11 Protection of Adjoining Property L e said Contractor shell 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 undertaken under this Agreement, from any damage or injury by reason of said process of construc- 'on; 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 d Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining 1 roperty, arising or growing out of the performance of the contract regardless of whether or not it is used 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. 1 .13 Protection against Claims of Sub - contractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies he Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims wing 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. L ary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the ntractor 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 B A the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold oom 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 1 ischarged, whereupon payments to the Contractor shall be resumed in full, in accordance with the i rms of this contract, but in no event shall the provisions of this sentence be construed to impose any bligation upon the Owner by either the Contractor or his Surety. 1 .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, pa evice, material or process covered by letter patent or copyright by suitable legal agreement with the tentee 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 L thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such oss when • particular design, device, material or process or the product of a particular manufacturer or �mm anufacturers 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 armless from any loss on account thereof. If the material or process specified or required by the Owner Rs an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. .I.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances ari regulations, which in any manner affect the contract or the work, and shall indemnify and save armless 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 r led for by the provisions of the Contract Documents. If the Contractor observes that the plans and ecificstions are at variance therewith, he shell 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 1C -10 t 1 I 1 3.17 Indemnification 3.18 Insurance performs any wont knowing k tabs contrary to such hwa, adinancsa, rules and regulations, and with- out such notice to the Engineer, be shall bear all cats 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. 3.18 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. 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. 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. ` GC -11 C. Property Damage Insurance with minimum limits of Is0,000 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 be 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 data of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be dis- covered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before ac- ceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis- cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer- tificate stating that the material meets the requirements specified for this project. GC-12 11..7 1 r,✓ 1 1 1 1 1 1 1 1 4. Prosecution and Progress 4.01 Time end Order of Completion • It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con. tractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence. and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of com- pletion designated in the Proposal; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid- able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com- pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and /or com- puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe- cifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approxi- mate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. GC-13 I Where payment is based on the unit price method, the Contractor agrees that be 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 quart• 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 � of p ct 1 \ k�� On or before the 1st day of each month, tI4 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 anri 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 statementfless cent of the amount_thereof; rohich 10 per cent shall be retained until final payment, and further previous payments and all further sums that may be retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may —upon written recommendation of the Engineer — pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the condi- tions stated under "Final Payment." 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed por- tions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substan- tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial comple- tion" of the structure or facility shall not excuse the Contractor from performing all of the work under- taken, whether of a minor or major nature, and thereby completing the structure or facility in accor- dance with the Contract Documents. GC -14 P... r.,vs ki ti , 1 .. a 1 1 I 1 6. Extra Work and Claims 6.01 Change Orders 6.06 Final Compistlon and Acceptance Within ten U0) days after the Contractor has given the Engineer written notice that the work Las 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. 6.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure• ments arid prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill- ment of any warranty which may be required. • 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied or other obligations hereunder not done. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (dl Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state- ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully liquidate any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform here- under. 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. 5...7.1.75 GC-15 In the event the Contractor shall refuse to execute a Change Order which bu been prepared by the - Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed . with the work u 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 Ms 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 meth„ds: 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- GC -l6 e. I 1 t ' X0 5 Arbitration inertly on a000uat of such Extra Work: than the cost to maintain and operate the same shall be Included !a tba "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered In writing by the Engineer. In ease 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. 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 (101 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 :fl the Engines, when such orders are consistent with the Contract Documents, then, and in that ease, ` L_e__re �performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and [eeeted 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 marlin. &y, equipment, tools, materials or supplies then on the job, but the same, together with any materials Mild 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 lye any rental or credit therefor (except when used in connection with Extra Work, where credit shall ■` a 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 Abe final settlement. here 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, T hen 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 I 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 I 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. L hen 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 �t sued. A complete itemized statement of the contract accounts, certified to by the Engineer as being orrect, 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 li aid statement, within fifteen (15) days after the date of such Certificate of Completion. n the event the statement of accounts shows that the cost to complete the work is less than that which would'have been the cost to the Owner had the work been completed by the Contractor under the terms f this contract; or when the Contractor and /or his Surety shall pay the balance shown to be due by hem to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the ork 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 i thin the time designated hereinabove, and there remains any machinery, equipment, tools, materials r 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 (151 days from the date of said notice the Owner may sell such machinery, equipment, ,tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public of private sale, with or without notice, as the IC -18 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 • 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 • 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. I - 8. Subcontractors - •tfl:o1 Award of - Subs oritracts -of-tne -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- ::7:. tance e by the Owner and the Engineeria _list,.of_the_names_of_ the= Subcontrac tors - proposed= for.=the , principal.po`ions of orrk . The Engineer shall promptly notify the Contractor in writing if either the I 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. - I 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- I mated, 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. I 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 I 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 I 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 J 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 i has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. -GC -19 842 Subcontractual Relations f1-20 tee work performed for the Contractor bye Subcontractor shall be pursuant to an appropriate' written meat between the Contractor and the Subcontractor (and where appropriate between Subcontr•c• j o ts and Sub-subcontractors) which shall contain provisions that: (11 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 • 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 ubcontractor shall be allowed to commence work. .03 Payments to Subcontractors he Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount irectly 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 t all also require each Subcontractor to make similar payments to his subcontractors. 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 � e after the Certificate for Payment should otherwise have been issued, for his work to the extent co- leted, less the retained percentage. he Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, ormation regarding percentages of completion certified to the Contractor on account of work done by ch Subcontractors. I eith the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any er oneys to such Subcontractor except as may otherwise be required. I . Separate Contracts 1 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 der these or similar conditions of the Contract. finder 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. 1 02 Mutual Responsibility of Contractors a ir materials and equipment and the execution of their work, and shall properly connect and coor. ate his work with theirs. s - r 1 1 1 1 1 1 1 1 1 1 1 1 1 If any part of the Contractor's work depends for proper execution or results upon the worm 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 exaction 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. 11... 7.145 GC-21 • I 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 1300,000.00 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, • separate blasting certificate w01 not be required. 2. The following public utility companies and City Department well 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 38-11201, 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. 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 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. 5.0 SPECIAL CONDITIONS 1 A CTION 01 - IN ION 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 - GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $50.00 per calendar day. 01 -05 IACATICN The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. 01 - USAGE OF WATER Contractor shall pay all costs of water used. Water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. SC -1 1 SWIGS 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arragements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILTS" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available. Costs for developing as -built drawings shall be subsidiary to other bid items. 02 -03 LANDS FOR WORE 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 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 - 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. 1 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. SC -2 SC -3 02 CIUMANTRES 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 - DEVIATIONS OCCASIONED BY uriurY 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 inprovements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 LIMFP OF FINANCIAL RESQJRCES 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. 1 t 02 -11 PAYMENT T FOR MFc ERIAIS 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 SPARING 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. SLION 03 - INSURANCE I 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: 1 I 1 1 02 CCNSTRDMION REVIEW The Owner. shall provide a project representative to- review the quality of materials and workmanship. 02-10 LIMITS DP W= AND PAYMENT It shall be the obligation of the Contractor to crnplete 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. SC -4 INDEMNITY Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions of law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach or any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, workers, material, persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Onwer, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 03 -03 Workers' Compensation Insurance. The Contractor agrees to comply with the Workers' Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 03 -04 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 03 -02 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. SC -5 Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury Property Damage 03 -05 Owner's Protective 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, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liablity coverage as described in 03 -04 above entitled "Comprehensive General Liability Insurance ". 03 -06 Comprehensive Automobile 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 Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owner, non- owned, or hired by the Contractor, in which shall specifically insure contractual liability of the Contractor assumed under the above Paragraph 03 -02 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury Property Damage $ 50,000 each accident- 03 -07 Insurance Certificate. In connection with the insurance coverage set out in sections 03 -03, 03 -04, 03 -05 and 03 -06 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given ten (10) days advance written notice before any provisions of the policies are changed or in the event said policies shall be canceled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. SC -6 $100,000 each person $300,000 each accident $ 25,000 each accident $ 50,000 aggregate $100,000 each person $300,000 each accident SECTION 04 CIVIL RIGHTS The Contractor is required to comply with regulations issued pursuant to the Civil Rights Act of 1964 with repsect to nondiscrimination in assisted programs of the Department. The following provision known as EQUAL OPPORTUNITY CLAUSE are to be incorporated verbatim in each Contract. "During the performance of this Contract, the Contractor agrees as follows: "(1) The Contractor will not discriminate agianst any employee or applicant for employment because of race, religion, color, sec, or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. "(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin. "(3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246, as amended (3CFR 169 (1974)), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The Contractor will comply with all provisions of Executive Order No. 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. SC -7 "(S) The Contractor will furnish all information and reports required by Executive Order No. 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for futher Government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be improved and remedies invoked as provided in Executive Order No. 11246, as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. SC-8 Section 05 APPLICATION FOR PROGRESS PAYMENT 05 -01 Section 5.04 Partial Payments of the General Conditions is hereby modified as follows: Contractor shall submit for payment to the Owner on or before the 25th of each month for quantities installed prior to and including the 25th of each month. SC -9