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R-88-1190 - 11/10/1988WHEREAS, the City of Round Rock, Texas has duly advertised for bids to construct certain drainage improvements in the Hunter's Ridge Channel; and WHEREAS, Chasco, Inc., submitted the lowest and best bid; and WHEREAS, the City Council wishes to accept the bid of Chasco, Inc. and to authorize the above - described improvements; Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Chasco, Inc. is hereby accepted as the lowest and best bid and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Chasco, Inc. to construct certain drainage improvements in Hunter's Ridge Channel, a copy of said contract being attached hereto and incorporated herein for all purposes. ATTEST: Z// RESOLVED this i7) — day of November, 1988. E LAND, City Secretary C34RESHUNTE RESOLUTION NO". //9/_ MIKE ROBINSON, Mayor City of Round Rock, Texas CON/rimer Bunters Ridge Channel linnrovemerks BIDDERS . DID DATE 10-25-88 TIME 200 1.8. CHASCO CONTRACTING Bid Bond Yes LOMAS CONSTRUCTION Bid Bond Yes MIRANDA CONST. CO. & COPPEDG• CONST. CO. Bid Bond-Cashiers Chock AUSTIN PAVING - Bid Bond Yes - 11CM CONSTRucTI08 COMPANY' Bid Borld-Cashiers Check LOCATION City Hall DESCPIPTICN UN/'F PRICE COST UNIT PRICE ' COST uNr1 PRICE COST UNIT PRICE COST ITEM UNIT APPROX. QUANTITY UNIT PRICE cos — 8'x6" Concrete Channel Bottcrn SF . 11057 1.70 18,796.90 2.76 $30,517..32 3.50 $38,699.50 ' 2.60 $28,748.20 2.75 $30,406.75 Crushed Stone stab. coarse SF 16315 .70 . . 11,420.50 .91 14,846.65 .75 12,236.25 1.30 21,209.50 .40 6,526.00 21,000.00 lean a .. ' .:. ' - -' 7000.00 7,000.00 6400.00 6,400.00 6500.00 6,500.00 8000.00 8,000.00 . 21000,00 & - Restoration Revegetation 1 5500.00 5,509.00 5330.00 5,330.00 3500.00 3,500.00 3700.00 3,700.00 6200.00 — 6,200.00 ese Rnove existing concret 4 200.00 .800.00 125.00 500.00 250.00 1,000.00 500.00 2,000.00 200.00 800.00 — TOTAL BID AMOUNT 543,517.40 $57,593.97 $61,935.75 563,657.70 _ 64,932.75 _ __ . _ . __ _ .. ________ _ ■___ ._ . crry OF ROUND HOCK mimic 3W1 p•AHrmENr 221 E main Street Round Rock, Texas 70664 (512) 255 111 TAIRD Al' RIC III 1) 1:5fl'ENDF3) AND (31ECK 4Z ----- SHEET O 3 COW R1,Cr 1weLers Ri-dg.: Channel. Improvements - -_ -_ BIDDEILS ULU Ulil'E 1.0 -25-88 T1MF. 110 P.M DAYCO CONSTRUCTION Bid Bond Yes I3AY MAINTENANCE Bid Bond Yes TRANSOM CONCRETE Bid Bond- Cashiers Check PARKER & RODGERS CONSTRUCTION Bid Bond Yes AUSTIN ENGINEERING B6,1 Bond Yes UNTT PRICE COST 3.30 $36,488.10 LCCA ICN City Hall DESCRIPTION ITEM UNIT APPROX. QUANrTTY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 8'x6•• Concrete Channel Bottan SF 11057 - 2.25 $24,878.25 3.50 $38,699.50 2.8e $ 31,623.02 3.50 $38,699.50 bed Stone coarse SF 16315 .44 7,178.60 1.50 24,472.50 .53 8,646.95 1.25 20,393.75 1.20 19,578.00 stab. 1 32691.52 32,691.52 3000.00 3;000.00 28335.05 28,335.05 7500.00 7,500.0014000'.00 14,000.00 L. Roe • tation LS 1 4000.00 4,000.00 2500.00 2,500.00 2475.00 2,475.00 6500.00 6,500.00 3000.00 3,000.00 st ration remove concrete EA 4 137.50 550.00 250.00 1,000.00 150.00 600.00 300.00 - 1,200.00 750.00 3,000.00 existing ' TOTAL BID AMOUNT l $69,298,37 $69,672.00 $71,680.02 $74,293.25 $76,066.10 Adjusted tenon checking - - -- - - -- - the submit .ed proposal. '1'111: r fl'1" (11' I((XIN1) ((1 - (1 1 1411;1;1 Ill:( AI (( NI' 721 East Main Street Round Rock, Texas 70GG4 (5121 255 -3612 Il ID TABULA"' ICN_'; . .. ... ....... 111UI; 1 XII)3)F711 - (111`( 811 1(5 Aun I1. 1 land I?MI'E: 10i267 -- - - - - -- `il l f :l 1r 2 OF 3 1,1, ,, .., ■•,,,,- 1511) LATE lo :, -.P1( Tim: - . .:!:00 P.M. CAPITAL EXCAVATION Bid Bond Yes ELLA CONTRACTING, INC. Bid Bond Yes J.C. EVANS CONSTRUCTION Bid Bond Yes _____._ LCCATICN City Hall DESCRIPTION ITEM utirr APPROX. UNIT QUANTITY PRICE COST UNIT PRICE cosr UNIT PRICE COST UN IT PRICE COST UNIT PRICE COST Channel Boum SF 11057 2.10 $23,219.70 2.83 $31,291.31 3.60 $39,805.20 8' x6 Concrete SP 16315 1.95 . 31,814.25 1.46 23,819.90 1.90 30,998.30 hed Stone stab. course LS 1 16400.0' 16,400.00 16490.00 16,490.00 31000.00 31,000.00 estoration & Reve tation - emove exist concrete LS EA 10300.0' 10,300.00 1 4 450.01 1,800.00 12070.00 12,070.00 500.00 2,000.00 7000.00 7,000.00 1250.00 5,000.00 TOTAL BID AMOUNT $83,533.95 $85 671.2 113 803.70 Adjusted u n checking ------.— the sultnit - proposal. I • — I111 rI OF WI WI') 10111 1 P/1111 NI' 7 ,;.; 721 East Main Street Round Rock, Texas 70664 b 'oofo (512) 255-3612 BIDDERS 11115 I)I l); ExriNi1-11)i■iii) Ann 10/20/3ti SI WIT - 3 OP 3 DATE: November 8, 1988 SUBJECT: Council Agenda, November 10, 1988 ITEM: 12C. Consider a resolution authorizing the Mayor to enter into a contract for the Hunter's Ridge Channel Improvements. STAFF RESOURCE PERSON: Jim Nuse /Danny Halden STAFF RECOMMENDATION: Staff recommends to accept the bid of Chasco Construction for $43,517.40. ECONOMIC IMPACT: This project will provide better maintenance of the Hunters Ridge Channel, therefore, it will provide better conveyance through the property. There were 13 bidders on this project which was designed in- house. CITY OF ROUND ROCK PUBLIC WORKS PROJ ECT CONSTRUCTION PLANS FOR HUNTERS RIDGE CHANNEL IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS CITY OF ROUND ROCK PUBLIC WORKS PROJ ECT CONSTRUCTION PLANS FOR HUNTERS RIDGE CHANNEL IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS HUNTERS RIDGE CHANNEL IMPROVEMENTS TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD-1 3.0 Post Bid Documents PB D-1 4.0 General Conditions G C -1 5.0 Sperial Conditions SC -1 6.0 Technical Specifications TS-1 7.0 Basis of Measurement MP -1 and Payment Pub. Dates: October 09, 1988 October 16, 1988 October 23, 1988 NOTICE TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas, 78664, for furnishing all labor, material and equipment and performing all work required for the construction of HUNTERS RIDGE CHANNEL IMPROVEMENTS (Project involves construction of approximately 1300 linear feet of concrete channel bottom including miscellaneous clearing and grading) will be received until Tuesday, October 25, 1988 at 2:00 P.M. then publicly opened and read aloud. No hir"c may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security, payable to the City of Round Rock, Texas, equal to five percent (5%) of the total hid amount. Plans, proposal forms, specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 300 South Blair, in Round Rock, Texas, beginning Wednesday, October 12, 1988, for a nonrefundable charge of $10.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. JOANNE LAND City Secretary City of Round Rock NB-1 INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a cashier's check upon a National or State bank in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the top three (3) successful bidders which the City of Round Rock will hold until the successful bidder has executed the contract. Thereafter, the security of the successful bidder will be returned. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. BD -1 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) p r i c e s submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within thirty (30) days after opening of the proposals, and no bidder may withdraw his proposal within said thirty (30) day period of time unless a prior award is made. 11. within ten (10) days after written notification of award of the contract, the successful bidder must furnish a satisfactory performance bond in the amount of one - hundred percent (100%) of the total contract price and a satisfactory payment bond in such amount, both duly executed by such bidder as principal and by a corporate surety duly authorized to so act under the laws of the State of Texas and Surety. 12. If the total project amount is less than $25,000.00, the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the surety bond as required, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and /or material furnished. BD -2 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or, consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling 495 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. BD -3 and firmly bound unto the BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE , as PRINCIPAL and , as SURETY, and held , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF , for which bids are to be opened at the office of the OWNER on , 19 NOW, THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a resonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 . Principal BY: (Seal) BD-4 Surety By: (Seal) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROPOSAL BIDDING SHEET JOB NAME: Hunters Ridge Channel Improvements J00 LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas Gentlemen: Pursuant to the foregoing Notice to Contractors and Instruction; to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials insurance and miscellanous items, to complete all the wor'; on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction' of Hunters Ridge Channel Improvements and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: =id Item Quantity Unit 1. 11,057 S.F. 2. 16,315 S.F. EASE BID Item Description and Written Unit Price 8' wide, 6" thick concrete channel bottom, including associated channel excavation, complete in place, per Square Foot. for ©NE Dollars qqc and6:0,k,s1Nr'? Cents 5 J . S �Pi796, Crushed stone stabilizing course, including associated excavation, complete in place, per Square Foot. for ZE1zp Dollars 'TO Sc and SEVENTY Cents $ 5 10 - 40, BD -5 Unit Price Amount 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bid Item Description Item Quantity Unit and Written Unit Price 3. 1 4. 1 5. 4 L.S. Ea. Restoration and Revegetation of all disturbed and exposed areas, complete in place, per Lump Sum. Removal of existing concrete rip -rap, including extension to proposed concrete channel bottom, complete in place, per. Each. for. TWh 141.)i-1025D TOTAL BASE BID (Items 1,2,3,4 & 5) BD -6 Unit Price Amount Clearing, grubbing, grading and compacting of storage area and channel bottom, extending from new concrete channel bottom to existing side slopes, complete in place, per Lump Sum. for SEVEN J IO(3e,ANt? Dollars and L g,i2o Cents s 7000. S 7000. for rivE. T4ou5AND FIVE Nu4DzEo Dollars and Lc - Cents S 550o.`"' S 55GO. Dollars and z. .yao Cents $ ZOO. $ en°, s 4-3, 517. °— 1 1 1 1 1 Respectfully Submitted, 1 1 rH�,;r,;� CONIPACTINC� Name of Firm 1 1 1 1 1 1 1 1 1 If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within five (5) days after written notice to proceed. The undersigned further agrees to complete the work in full within 60 calendar days after the date of the written notice to proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Address 2Z?S/Z7 — Jl/,?' / 144 - DCG7 Title for: Telephone BD -7 ,'0 gel u /0'7 Secretary, if Contra.dtor is a Corportaton 1 1 INFORMATION REOUIRED OF BIDDER (Shall be submitted prior to award of contract. Failure to submit prior to award of contract shall be cause for rejections of bid.). The bidder is required to supply the : toiiowing information. Additional sheets may be attached if necessary. ' (1) Name (2) Address (3) Phone Number (4) Type of Firm: ( ) Individual, ( ) Partnership, ( ) Corporation (5) Corporation organized under the laws of the State of 1 (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation. 1 1 (7) Number of years experience I (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner: 1 $ $ 1 $ (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in excess of one -half (1/2) of one (1%) percent of the total bid price and indicate what part of the work will be done by each subcontractor: 1 1 1 1 BD -8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (10) Payment of taxes, in the State of Yes No (11) List all jobs you performed in which a trench failure injury occurred: (12) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Above information is accurate and correct to the best of my knowledge. Signature For: BD -9 Date: Title 3.0 POST BID DOCUMENPS THE STATE OF TEXAS COUNTY OF WILLIAMSON ) KNOW ALL MEN BY THESE PRESENTS That this Agreement made and entered into this /gr day of AaU_. , A.D., 19 SS , by and between the CITY OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter h a termed the Owner, and Csco of the City of £oJ 1 q ,e , County of cJ: //' a »..c.,n , State of j e.,ca5 , Second Party, hereinafter termed the Contractor. WITHNESSETH: That for an in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the First Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated for certain improvements described as follows: d un-1- ss iet;(1 �wnProJeiA The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsquently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 5 consecutive calendar days after the date of the Notice to Proceed given to the Contractor and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within 60 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: The Notice to B1ddPrs The Instructions to Bidders The Proposal and Bidding Sheets The Performance and Payment Bonds The Certificate of Insurance The General Conditions of Agreement PBD-1 The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Plans The Basis of Measurement and Payment 1 1 AGREEMENT- continued 1 Agreement in the year and day first above written. ATTEST: IN WITNESS WHEREOF the Parties to these presents have executed this CITY OF ROUND ROCK, TEXAS, OWNER 1 1 ' y Secretary 1 1 1 By: 64 / //t/ e6/64f7 1 1 1 1 1 1 1 1 PBD -2 1 By: 7/4/4 d-144-- Mayor Contractor 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON 0 PERFORMANCE BOND . THAT, Chaaco ContAr cti.nq Inc. of the City of Round Rock , County of wiiliamAon , and State of Toxaa , as principal, and Secu Lty National Inau/Lance Co. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock, Texas, here- inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum of Foray- these .thouaand five hundred aeventeen 40 /100Dollars ($ 43.517.40 ) for the payment whereof, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein consisting of: Conathue %on PP_ana Sot Hun Ridge Channge2 Imptouementa NOW THEREFORE,. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workman- ship of, the ; Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. • Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tine, alteration or addition to the terms of the contract, or to the work to be performed thereunder. pan_ 1 KNOW ALL MEN BY THESE PRESENTS 1 1 1 1 1 1 _ 1 1 1 1 1 PERFORMANCE BCTh D (CONTINUED) IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of November. , 19 88 Chaaco Cont/ta.cti.nq Inc: Security National In.aurance Co. ' Surety Princlppal By Title lS /IJ�N� Address P.O. Box 1057 " The name and address of the Resident Agent of Surety is: N1 t the and Fexguson Inz va.nce Agency, Inc. 143 East AuatLn Giddings, Texas 78942 By ilobv t J. N Title Afitoxneu- .in -fac Address P.U. Box 655028 Round Rock, Texas. 78680 Dc.t2a4; Texas 75265 -5028 1 1 1 1 1 1 1 1 1 . 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT, Chaaco Confi/utctLng Ine. of the City of Round Rock County of w.i.P,P_.i.amaon and State of Texan as principal, and Seewt ty NatConat Inawucnee Co. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of Fonty tivz.ee thouaand fi.Lve hundred aeventeen 40/100ollars ($43,517.40 ) for the payment whereof, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract.is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin- cipal shall pay all claimants supplying labor and material to him or a subcon- tractor in the of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of and said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 17tlday of November 19 '88 Chaaco Principe Address P 1057 By Title Round Rock, Texas 78680 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS Suret `Robeht J. N.:se . A.ttorneu -.cn- tract •P:O. 8oz •655028 Da@.tas; 'Texan • 75265-5028.-- The name ° ^ - 4 1res_ of the Resident Agent of Surety is N.itache 8 Ferguson Irw. Agency, Inc. 14 East Aus.tcn Giddings, Texas 78942 TYPE OF INSURANCE POLICY NO . EFFECTIVE . ..DATE. .. EXPIRATION .. DATE.... . .LIMITS.OF.LIABILITY Worfanen's Statutory,. State of Compensation WC6949 2 2 Texas, $ ; Employer's Liability Comprehensive GenenaL Aggkega.te- $1,001 General CLA300827 2 -28 -88 • 2 -28 -89 PWtad /Comp.Ops Ag?noaate Liability $1,001 Includes Peuonat 8 Advmaing In _ Contra .. $ 50( - - Liability Each Occwucence $ 50( Fine Damage $ 5( Covers Med c t Expense $ ! Independent Contractors Owner's Protective CLA300827 11 -17 -88 11 -17 -89 Each.Occwucence $ 50 GenelwI Aggh.egctte $1,00 Comprehensive Bodily Injury . Automobile ,_ .. ,�,,.. • $ .:.. each person _iability . Owned __ _ , $ each accident Vehicles TBA100217 __ - 28 - 88 2 2 -.8 Property Damage Hired Vehicles - $ each accident Non -owned - Vehicles Bodi,ey Injwsy 8 Pnopenty Includes - $500CSL ' Contractual . Damage Liability 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TO: City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFICATE OF INSURANCE Date: NovP.mbeic 17. ' 1988 Description of Work: Huvste R.Ldq'e Channe,2. Impicovementa THIS IS TO CERTIFY THAT Cha Contvcacting Inc. . ' is, at the date of this certificate, insured by this company with respect to the business opera- tions hereinafter described, for the types of 'insurance and in accordance with the provisions of the standard policies used by this company, and further here- inafter described. Exceptions to standard policies are noted on the reverse side hereof. wLy 1( i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CERTIFICATE OF INSURANCE (CONTINUED) The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or 'policies indicated by this certificate. pRn _ 7 NoAthwesteh.n Naona.Y Inbwcance Co. (Name of Insurer) By: Title: Agent Address:Wtische 8 Fvcqu.aon Inv. Agencylnc 143 Eaat Auvfi.Ln Gydd iogv, Texc4 78942 MAINTENANCE BOND BOND NU MBER AMOUNT $43.517.40 That we, Chaaco Contrtacti.ng Inc. KNOW ALL MEN BY THESE PRESENTS, (hereinafter called the "Principal") as Principal, and the Secun i ty Not onae Imo. Co. , a corporation duly organized under the laws of the State of Texca , and duly licensed to transact business in the State of Texan (hereinafter called the "Surety'), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of forty- .theee Thousand Aive hundred aeventeen 40/100 dollars ($ 43, 517.40 ),for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 17.th day of Novembeh. ,A.D. nineteen hundred and 88 WHEREAS, the said Principal has heretofore entered into a contract with d=am , 19 , for construction of WHEREAS, the said Principal is required to guarantee the construction of street improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of one y fr the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of one year(S) from the date of aceeptance'of the pro ct above described, by owner THE CITY OF ROUND ROCK, TEXAS or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or defame of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Cha4co Con-ttacti.ng Inc. rrincipal PBD - 8 Secuni.ty Nati.ona2 Inzunance Co. Suret Y Robert J. N she, attoxney -in -ba KNOW ALL MEN BY THESE PRESENTS: That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporotion and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint ROBERT J. NITSCHE, DAVID FERGUSON OR VIOLET FROSCH - GIDDINGS, TEXAS its true and lawful Attorney(s) -in -Foci, with full authority to execute on its behalf Fidelity and surety bonds or undertakings and other documents of o similar character issued in the course of its business, and to bind the respective compony thereby, in amounts or penalties not exceeding the sum of ONE MILLION AND NO /100 Dollars (8 1,000,000.00 ) EXCEPT NO AUTHORITY IS GRANTED FOR: 1. Bid or proposal bonds where estimated contract price exceeds the amount stared herein. 2. Open Penairy bonds. 3. Bonds where Attorney(s) -in -Foot, appear os a parry at interesr. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested These presents this 8TH day of MARCH � TheTrinity 'Companies Dallas. Texas 75201 // LIMITED POWER OF ATTORNEY J UD�� FAGAN, CAE ARY - VICE PRES. - JAMES G. AUTHORITY FOR POWER OF ATTORNEY CERTIFICATION OF POWER ATTORNEY ERT, PRESIDENT That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Directors on the 1st day of March, 1976 and of which the following is a true, full, and complete cony: "RESOLVED, That the President, any Vice - President, ar any Secretary of each of these Companies be and rhey are hereby authorized and empowered to make, e and deliver in behalf of these Companies unto such person persons or per in x g within the United States of America, as they may select, its Power of Attorney constituting and appointing each such person its Attorney -in -Fact, with full power and author- ity to make, execute and deliver, for It, in its name nd in its behalf, a surety, any particular bond or undertaking that may be required in the specified a territory, under such limitations and restrictions, both as to nature of soon bonds or ,jndertak ing and as to limits of liability to be undertaken by these Companies, as said Officers rnoy deem proper, the nature of such bonds o n. ertakincs c e limits of liability r which such Powers of Attorney may be restricted, to be in each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys -in -Foot and Officers of the Companies, inciuding Assisrant Secr, tari es, whether or not the Secretory is absent, be and are hereby a zed and empowered ra rri fy or verify copies of the By -Laws of these Companies as I. as any resolution of the Directors, having to do with th execution of bonds, r e cogni contracts of indemnity, and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys -in- Fact. RESOLVED, That the signature of any of Ae persons described in the foregoing resolution may be fac- simile signatures as fixed or reproduced by any Form of typing, printing, stamping or other reFroducrion of the names of the persons hereinabove authorized." I, Juidrh E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto; are true and correct and are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Facsimile seal of each Corporation 1988 e -3090 REV. 3 -02 4.0 GENERAL CONDITIONS • - 1 Contents 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Sub - Contractor 1.04 Sub-Subcontractor 1.05 Written Notice 1.06 Work 1.07 Extra Work 1.08 Working Day 1.09 Calendar Day 1.10 Substantially Completed 2. Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 2.04 Initial Determinations 2.05 Objections 2.06 Lines and Grades 2.07 Contractor's Duty and Superintendence 2.08 Contractor's Understanding 2.09 Character of Workmen 2.10 Contractor's Buildings 2.11 Sanitation 2.12 Shop Drawings 2.13 Preliminary Approval - 2.14 Defects and Their Remedies 2.15 Changes and Alterations 2.16 Inspectors 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design 3.04 Right of Entry 3.05 Collateral Contracts 3.06 Discrepancies and Omissions 3.07 Equipment, Materials and Construction Plant 3.08 Damages 3.09 Protection Against Accident to Employees and the Public 3.10 Performance and Payment Bonds 3.11 Losses from Natural Causes 3.12 Protection of Adjoining. Property General Conditions of Agreement GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.13 Protection Against Claims of Sub - Contractors, etc. 3.14 Protection Against Royalties or Patented Invention 3.15 Laws and Ordinances 3.16 Assignment and Subletting 3.17 Indemnification 3.18 Insurance 3.19 Final Clean -Up 320 Guarantee Against Defective Work 4. Prosecution and Progress 4.01 Time and Order of Completion 4.02 Extension of Time 4.03 Hindrances and Delays 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities 5.03 Price of Work 5.04 Partial Payments 5.05 Use of Completed Portions 5.06 Final Completion and Acceptance 5.07 Final Payment 5.08 Payments Withheld 5.09 Delayed Payments 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work 8.02 Suboantractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contracts 9.03 Cutting and Patching Under Separate Contracts 10. Protection of Persons and Properly 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities GC-2 General Conditions of Agreement 1. Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and mascu• line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi- neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu- ments shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required). General Conditions of the Agreement. Construction Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The 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 any). Proposal, Special Conditions of Agreement, Notice to Contractors. Technical Specifications. Plans, and General Conditions of Agreement. 1.03 Sub - contractor The term Sub- Contractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor The term Sub - Subcontractor means one who has a direct or indirect contract with a subcontractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.05 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.06 Work The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin- tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of GC-3 materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or oc- cupancy or the facility is in condition to s.;rve its intended purpose, but still may require minor miscel- laneous work and adjustment. 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc- tions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on•site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac- tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such approval of payment to Contractor constitutes .a representation to the Owner of Engineer's professional GC-4 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 rep r� sentation by Engineer that Engineer has made any examination to determine how or for what purpo Contractor has used the moneys paid on account of the Contract price. 2.04 Initial Determinations 2.07 Contractor's Duty and Superintendence 1 1 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 t� Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable tim 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 ag cordance with the meaning and intent of this contract, either party may file with the Engineer withi 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 sus 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 an grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in ca of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 1 The Contractor shall give adequate attention to the faithful prosecution and completion of this contras and shall keep on the work, during. its progress, a competent English - speaking superintendent and an }� 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 thi 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 obtain 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 o 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 nonuse, 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 -' GCS 1 ings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being per- formed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the com- pleted construction work will conform thereto. and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs. plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination. satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workmen The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any man or men on the work are, irf his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set- ting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any eer- 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 schedule 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 or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela• tion to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the 1 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 I properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished. and in event the material has been once accepted by the, Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to t final acceptance, and if found not in adcordance with the plans and /or specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: provided' that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the' Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of ' written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations 1 The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price,•if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara- tion for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of GC -7 1 1 1 1 1 1 1 1 1 observing the work in progress and reporting back to the Engineer on the extent, nature. manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contrator their respective reports. opinions, questions, answers and clarifications concerning the plans, specifications and work but shall be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu- tion of the work and its conformity with the plans and specifications but shall never be, in whole or part. responsible for, charged with. nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's _ employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi- neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con- tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or estop the Owner or Engineer from requiring that all work be fully and properly performed including. if necessary, removal of defective or otherwise unaccep- table work and the redoing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the Contractor shall keep one copy of the same con- stantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is there- fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility GCB companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Docu• ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por- tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate- rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis- sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, Ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms 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 hun any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds in the State of Texas. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal. , GC -9 3.12 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.11 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construc• tion; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection against Claims of Sub - contractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis- sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner. the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and 'shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy- right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by the Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal. State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws. ordi- nances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces• sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor GC -10 performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with- out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer. and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this con- tract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agree- ment. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec- tive officers, agents and employees, from and against all damages, claims, losses, demands suits, judg- ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employers and any Sub-Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor or Sub-Subcontractor including the loss of use resulting therefrom; and, (2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Sub-Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys. Change Orders, designs or specifications. or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub-Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli- gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry inurance as follows for the duration of this contract. A. Statutory Workmen's Compensation B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of 5300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -11 C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned; non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage rninimum.limits of $50,000 for each occurrence. Contractor shall require sub- contractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all re- quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac- tor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance 'to be cancelled nor permit any insurance to lapse. All in- surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10). days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca- tion and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and - discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be dis- covered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before ac- ceptance will be made by the Owner. The testing laboratory will be designated by the Owner. AU 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. G C•12 w . r.,.n 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con•' tractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of corn- ' 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 1 1 1 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 tom•, 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 1 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 he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quan- tity of any major item should become as much as 20% more than, or 20% Less than the estimated or con- templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has • total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material em- braced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The state- ment shall also include the value of all sound materials delivered on the job site and to be included in the work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 2Pthday of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may -upon written recommendation of the Engineer— pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the condi- tions stated under "Final Payment." 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed por- tions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when. in the Contractor's opinion, the contract is "substan- tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial comple- tion" of the structure or facility shall not excuse the Contractor from performing all of the work under- taken, whether of a minor or major nature, and thereby completing the structure or facility in accor- dance with the Contract Documents. GC -14 a... 7.1.73 1 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been, completed. or substantially completed, the Engineer and the Owner shall inspect the work and within said time. if the work be found to be completed in accordance with the Contract Documents, the Engi- neer shall issue to the Owner and the Contractor 1•_is Certificate of Completion, and thereupon it shall be the duty of the Owner within ten (10) days to issue a Certificate of Acceptance of the work to the Con- tractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment 1 Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure- ments and prepare final statement for the value of all work performed and materials furnished under the' terms of the Agreement and shall certify same to the Owner who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill- ment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part ' of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied or other obligations hereunder not done. {b) Claims filed or reasonable evidence indicating probable filing of claims. ' (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. • (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts ' withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state -' ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6%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. 1 6. Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, ' deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract -, time which may result from the change. Rev . 7.1.75 GC -15 . 1 In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against' the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in- crease in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methwds: 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 W&Ac, 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 for in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made avail- able to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incor- porated in the Written Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained pri- GC -16 1 manly on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." 1 No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written , request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance. the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro- vided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. ' 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the ' Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Arbitration 1 All questions of dispute under this Agreement shall be submitted to arbitration at the request of either , party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the ' contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 1 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ- ' ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of GC -17 1 the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any machin• ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten 110) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Con- tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is leas than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and /or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound there. for. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and /or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so noti- fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con- tractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would' have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract: or when the Contractor and /or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies Left on the site of the work ahall be turned over to the Contractor and /or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and /or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen 115) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the GC -18 Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety. to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used). the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep- tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub- contractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig. rated. with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub- mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. -GC-29 1 1 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate' written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac- tors and Sub.subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Docu- ments; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party. in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed.to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. - If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the' Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent com- pleted, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done' by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, "The Contractor" m the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coor- dinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent' discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work. except as to defects which may develop in the other separate, contractor's work after the'execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration. if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on' account of any damage alleged to have been so sustained, the Owner Shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts • The Contractor shall be responsible for any cutting, fitting and patching that may be required to com- plete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, end shall provide all reasonable protection to prevent damage, injury, or loss to: (11 all employees on the work and all other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein, whether in storage or or .off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks. pave- ments, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. Rev. 7 -7 -75 GC -21 1 1 1 1 1 1 1 1 1 1 1 1 1 All Blasting, including methods of storing and handling explosives and highly inflammable materials. shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the amount of 5300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explo- sives. If Blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3, Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap- proval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38.11.201, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully re- sponsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contrac- tor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them. or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig. nated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC- w.. 7.1 -rs 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 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 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 the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES 01 -05 LOCATION 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 COMPLLIL 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 $100.00 per calendar day. The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excesive waste is occurring during construction. SC -1 1 01 -07 PAY ESTIMA[ES 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. 1 SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UPILTTIES 1 Prior to commencing construction, it shall be the Contractor's responsibility to make arragements with the 1 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 1 The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project ' and prior to final acceptance and payment, the contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants ' or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available. Costs for developing as -built drawings shall be subsidiary to other bid items. 02 -03 LANDS FOR WORK ' Owner provides, as indicated on Drawings, land upon which work is to be done, rights - of-way for access to same and such other lands which are designated for use of Contractor. ' Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -04 UTILITY SERVICES FOR CCNSTRUCTICN ' The Contractor will be responsible for providing his own utility services during construction. No additional payment will be made for this item. 1 1 SC -2 1 1 02 -05 GUARANTEES 1 Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship or materials for a ' period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction which develop during ' specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with ' reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02-06 DEVIATIONS OCCASIONED BY UTILITY 9PRUCPURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine if existing improvements are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will ' make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays ' due to changes made by owners of privately owned utilities which hinder progress of the work. ' 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State ' of Texas and the Federal Government. 02 -08 LIMIT OF FINANCIAL RESOURCES ' The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no ' claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to snit any work from this contract. Unit prices for all items previously ' approved in this contract shall be used to delete or add work per change order. ' SC -3 1 1 1 1 1 1 1 1 1 02 -11 PAYMENT FOR MATERIALS ON HAND Owner shall pay for 90% of amount of materials on hand in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -12 CONSTRUCTION STAKING The Contractor shall provide all necessary construction staking required to successfully carry out the work included in this contract, as shown on the Plans and as described in the contract documents and technical specifications. The Contractor shall consult with the Engineer prior to construction staking in order that the Engineer may direct the Contractor in staking the location, alignment and grades of the proposed improvements. Contractor shall notify the Engineer not less than twenty -four (24) hours prior to the time of anticipated construction staking. No additional pay will be made for construction staking. 'SECTION 03 - INSURANCE 03 -01 Insurance policies mast 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 1 1 1 1 02 -09 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -10 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the limits of work shall be left up to the interpretation of the Engineer. SC -4 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 3.17 in the General Conditions entitled "Indemnification ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $300,000 each person $300,000 each accident Property Damage $100,000 each accident $100,000 aggregate A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated above, and in the same amount of liability. Worker's Compensation and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. SC -5 6.0 TECHNICAL SPECIFICATIONS IT&M 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of channel improvements cuiplete in accordance with the Plans, and subject to the terns and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parenthesis adjacent to captions is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock, Texas. ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. TS -1 1 ' 2.01.2 BACKWORK The Contractor shall coordinate his-operations in such a manner ' as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in the area adjacent to project facilities as may be necessary to leave the area in a ' neat and satisfactory condition approved by the Engineer. ITEM 3 EXAMIN1 ICN AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of the Contract. 3.02 NOPIFICIfTION The Engineer must be notified a minimum of twenty -four (24) hours in advance of beginning construction, testing, or requiring presence of Engineer or project representative. 3.03 DENSITY TESTING Any density testing deemed necessary by the Engineer shall be made by an independent laboratory at the Owner's expense. Any required "re- tests" shall be performed at the Contractor's expense. An authorized representative of the Owner shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. 1 1 1 1 1 T.S. -2 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right- of-way but only with approval of the Engineer. 4.03 BARRICADES Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. T.S. -3 ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. ITEM 6 RESTORATION, REVEGETATION, AND EROSION CONTROL MEASURES (Series 600) This item shall govern the furnishing, placing, maintaing and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for all disturbed areas and in accordance with the Plans. All temporary erosion control measures including hay bales, rock berms, fabric fence and brush piles shall be erected at the locations as required, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of disturbed area and spoil sites seeding in accordance with the Plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. TS -4 When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance with the Plans. The bid price per lung sum shall include all excavation, materials, shaping, hauling, maintenance, removal at carpletion of project, disposal of surplus materials, hydromulching or seeding and clean up. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. ITEM 7 CONCRETE STRUCTURES AND MISCELLANEOUS CONCRETE (Series 400) This item shall govern furnishing, forming, placing, curing and finishing of concrete including all necessary structural exavation for the placement of structures or foundation courses. TS -5 ITEM 8 CLEARING AND GRUBBING (ITEM 102) T.S. - 6 Buming materials at the site shall conform to Section 00140, "General Conditions of Agreement ". T.S. - 7 Item No. 102 Clearing and Grubbing 102.1 Description This item shall consist of removing and disposing of all trees, stumps, brush, roots, shrubs, vegetation, logs, rubbish and other objectionable material. 102.2 Construction Methods Prior to commencing this work, all erosion control and tree protection measures required shall be in place and all utilities located and protected as set forth in Section 00140, "General Conditions of.Agreement ". Areas within the construction limits or as indi- cated shall be cleared of all trees, stumps, brush, etc., as defined above; except trees or shrubs indicated for preservation which shall be carefully trimmed as directed, conforming to Item No. 610, "Tree and Shrub Trimming and Preservation" and shall be protected from scarring, barking or other injuries during construction operations. Exposed ends of pruned limbs or scarred bark shall be pruned, trimmed and treated with an approved asphaltic material within 24 hours of the pruning or injury. Construction equipment shall not be operated within the drip line of trees, unless indicated. Construction materials shall not be stockpiled under the canopies of trees. No excavation or embankment shall be placed within the drip line of trees until tree wells are constructed. Within the construction limits or areas indicated, all obstructions, stumps, roots, vegetation, abandoned structures, rubbish and objectionable material shall be removed to the following depths: 1. In areas to receive 6 inches or more embankment, a minimum of 12 inches below natural ground. 2. In areas to receive embankment less than 6 Inches and areas to be excavated, 18 inches below the lower elevation of the embankment, structure or excavation. 3. All other areas, 12 inches below natural ground. Holes remaining after removal of all obstructions, objectionable material, trees, stumps, etc., shall be backfilled with select em- bankment material and tamped. All cleared and grubbed material shall be disposed of in a manner satisfactory to the Engineer. Unless otherwise provided, all materials as described above shall become the property of the Contractor and removed from the site and disposed of at a permit- ted disposal site. ITEM 9 REMOVING CONCRETE (ITEM 104) T.S. -8 Item No. 104 Removing Concrete 104.1 Description This item shall consist of breaking up, removing and satisfactorily disposing of existing concrete, as classified, at locations indi- cated or as directed by the Engineer. 104.2 Classification Existing concrete, when removed under this section, will be classified as follows: 1. Concrete Curb will include curb, curb and gutter and combinations thereof. 2. Concrete Slabs will include, but not be limited to. patio slabs, porch slabs, concrete riprap and concrete pavement. 3. Sidewalks and Driveways will include concrete sidewalks and driveways. 4. Concrete Walls will include all walls regardless of height and wall footings. 5. Concrete Steps will include all steps and combinations of walls and steps. 6. Abandoned Foundations will include abandoned Electric Department foundations. 7. Miscellaneous Concrete shall include but not be limited to manholes, inlets, junction boxes and headwalls. 104.3 Materials (1) Mortar Mortar shall conform to mortar in Ilem No. 510, "Pipe". 104.4 Construction Methods Prior to commencing this work, all erosion control and tree protection measures required shall be in place and all utilities located and protected as set forth in Section 00140, "General Conditions of Agreement ". The existing concrete shall be broken up, removed to conform to Item No. 101, "Preparing Right of Way" and disposed of by the Contractor and deposited at a permitted disposal site. Where only a portion of the existing concrete is to be removed and that remaining will continue to serve in its purpose, care shall be exercised to avoid damage to that portion to remain In place. The existing concrete shall be cut to the neat lines when indi- cated or as established by the Engineer, by sawing with an appropriate type circular concrete saw to a minimum depth of Yz inch. Any reinforcing steel encountered shall be cut off 1 inch inside of concrete sawed line. Any existing concrete which is damaged or destroyed beyond the neat lines so established shall be replaced at the Contractor's expense. Remaining concrete shall be mortared to protect the reinforcing steel and provide a neat clean appearance. Where reinforcement is encountered in the removed portions of structures to be modified, a minimum of 1 foot of steel length shall be cleaned of all old concrete and left in place to tie Into the new construction where applicable. All unsuitable material shall be removed and replaced with approved material. All foundations, walls or other objectionable material shall be removed to a minimum depth 0118 inches below all structures and 12 Inches below areas to be vegetated. T.S. - 9 7.0 BASIS OF MEASUREMENT AND PAYMENT BASIS OF MEASUREMENT AND PAYMENT CHANNEL IMPROVEMENTS Item 1 CONCRETE CHANNEL BOTTOM This item will be measured at the depths and widths specified by the square foot of surface area. The work performed as prescribed by this item will be paid for at the unit price bid per square foot for "Concrete Channel Bottom" which price shall be full compensation for excavation, preparation of subgrade, and for furnishing and placing all materials, reinforcing steel, joints, expansion joint materials and for any other materials, manipulations, labor, tools, equipment, finishing, curing and incidentals necessary to canplete the work. Item 2 CRUSHED STONE STABILIZING COURSE This item will be measured at depths specified for the area indicated, per square foot. The work performed as prescribed by this item will be paid for at the unit price bid per square foot for "Crushed Stone Stabilizing Course" which price shall be full compensation for excavation, preparation of subgrade, and for furnishing, hauling, and placing of materials and for any other materials, manipulations, labor, tools, equipment and incidentals necessary to complete the work. Item 3 CLEARING, GRUBBING, GRADING, AND COMPACTING This item will be measured at the limits specified per lump sum. The work performed as prescribed by this item will be paid for at the unit price bid per lump sum for "Clearing, Grubbing, Grading and Compacting" which price shall be full compensation for the work specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. Item 4 RESTORATION AND REVEGETATION This item will be measured at the limits specified per lump sum. The work performed as prescribed by this item will be paid for at the unit price bid per lump sum for "Restoration and Revegetation" which price shall be full compensation for the work specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. MP -1 Item 5 REMOVAL AND EXTENSION OF CONCRETE RIP -RAP This item will be measured at the limits specified per each. The work performed as prescribed by this item will be paid for at the unit price bid per each for "Removal of Existing Concrete Rip -Rap, including Extension" which price shall be full compensation for the work specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to carplete the work. Item 6 CONCRETE TOE WALLS This item will not be measured and when called for on the plans, shall be considered subsidiary to "Concrete Channel Bottom ". No separate pay will be made for this item. Item 7 TEMPORARY EROSION CONTROL MEASURES This item will not be measured and when called for on the plans, shall be of the type and length indicated and shall be considered subsidiary to "Restoration and Revegetation ". No separate pay will be made for this item. MP-2