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R-88-1193 - 11/10/1988WHEREAS, the City of Round Rock, Texas has duly advertised for bids to construct a street known as "Park Lane "; and street; Now Therefore, with ATTEST: C34RESPARK2 RESOLUTION NO. //3L. WHEREAS, _� /. i /i�tIL ._ ��_i submitted the lowest and best bid; and A WHEREAS, the City Council wishes to accept the bid of 4,r}, NE LAND, City Secretary and to authorize the construction of said BE IT RESOLVED BY THE COCJUN/CI_L OF THE CCITY OF ROUND ROCK, TEXAS, That the bid of c &GL/ e ! ,/,�.('�,lh/, accepted as the lowest and best bid and the Mayor is hereby authorized and directed to execute on behalf of the City a contract contract being attached hereto and incorporated herein. RESOLVED this /D day of November, 1988. to construct said street, said MIKE ROBINSON, Mayor City of Round Rock, Texas is hereby PROJECT: EAST FLORENCE STREET AND DRAINAGE IMPROVEMENTS OWNER: CITY OF ROUND ROCK DATE: NOVEMBER 1, 1988 ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BIDDER * ELLA CONTRACTING TABULATION OF BIDS UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE 1. STREET EXCAVATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $2.66 $17,367.14 $0.96 36,267.84 $3.00 $19,587.00 $2.00 $13,058.00 2. 808882DE PREPARATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $0.35 $2,285.15 $0.50 $3,264.50 $1.00 $6,529.00 $0.75 $4,896.75 3. 10 "COMPACTED FLEXIBLE EASE COMPLETE IN PLACE PER SQUARE YARD 6529 $3.20 $20,892.80 $4.10 $26,768.90 ESPEY, HUSTON & ASSOCIATES, INC. EH &A JOE NO. 10443 * PARKER AND ROGERS * HUNTER INDUSTRIES * BRATH, INC. $3.00 $19,587.00 TOTAL $4.40 $28,727.60 4. 2" HOT MIXED ASPHALTIC CONCRETE, COMPLETE IN PLACE PER SQUARE YARD 4906 $3.47 $17,023.82 $3.45 $16,925.70 $3.25 $15,944.50 $3.00 $14,718.00 5. `CONCRETE CATCH CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT .1730 $3.75 $6,487.50 $4.65 $8,044.50 $4.00 $6,920.00 $4.25 $7,352.50 G. CONCRETE SPILL CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT FOR 2043 $3.75 $7,661.25 $4.65 $9,499.95 $4.00 $8,172.00 34.25 $8,682.75 7. CONCRETE LAY DOWN CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT 630 $4.25 $2,677.50 $5.00 $3,150.00 $4.00 $2,520.00 $4.00 $2,520.00 8. CONCRETE CURB CUT AND SPLASH PAD, COMPLETE IN PLACE PER EACH 2 $225.00 $450.00 $200.00 $400.00 $400.00 $800.00 $400.00 $800.00 9. PERMANENT STRIPING, MARKING, REFLECTORIZED TRAFFIC MARKERS AND BUTTONS COMPLETE IN PLACE PER LUMP SUM 1 $1,750.00 $1,750.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 51,500.00 $1,500.00 10. PERMANENT EROSION CONTROLS, COMPLETE IN PLACE PER LUMP SUM 1 $1,800.00 31,800.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 PAGE 1 ---------------- 11. SILT FENCE FOR TEMPORARY EROSION CONTROL, COMPLETE IN PLACE PER LINERR FOOT 1300 $1.35 $1,755.00 $1.25 $1,625.00 $1.00 12. TREE PROTECTION CONSTRUCTION BARRIER FENCE COMPLETE IN PLACE PER EACH 46 $21.75 $1,000.50 $30.00 $1,380.00 $50.00 TOTAL BASE BID PRICE $81,150.66 ALTERNATE BID BIDDER * ELLA CONTRACTING ALTERNATE BID PRICE $61,880.12 $81,326.39 _ - PARKER AND ROGERS $40,806.24 PAGE 2 * HUNTER INDUSTRIES $1,300.00 $2,300.00 $89, 659. 50 $2. 50 $117.00 BRATH, INC. $3,250.00 $5,382.00 $92,387.60 UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNIT/PRICE TOTAL * 1. STREET EXCAVATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $5.23 $34,146.67 $0.96 $6,267.84 $3.00 $19,587.00 $2.00 $13,058.00 2. SUBGRRDE PREPARATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $0.35 32,285.15 $0.50 $3,264.50 $1.00 $6,529.00 $0.75 $4,896.75 3. 10" COMPACTED FLEXIBLE BASE, COMPLETE IN PLRCE PER SQUARE YARD 6529 33.20 320,892.80 $4.10 $26,768.90 $3.00 $19,587.00 $4.40 $28,727.60 4. PERMANENT EROSION CONTROLS, COMPLETE IN PLACE PER LUMP SUM 1 $1,800.00 $1,800.00 $1,500.00 $1,500.00 $3,000.00 33,000.00 $1,500.00 $1,500.00 5. SILT FENCE FOR TEMPORARY EROSION CONTROL, COMPLETE IN PLRCE PER LINERR FOOT 1300 31.35 $1,755.00 $1.25 $1,625.00 $1.00 $1,300.00 $2.50 $3,250.00 G. TREE PROTECTION CONSTRUCTION BARRIER FENCE, COMPLETE IN PLACE PER EACH 46 321.75 $1,000.50 $30.00 31,380.00 450.00 32,300.00 $117.00 45,382.00 352,303.00 $56, 814. 35 BIDDER * AUSTIN ENGINEERING * CHASCO CONTRACTING * CAPITAL EXCAVATION CO. * COFFEE EQUIPMENT UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNIT/PRICE TOTAL 1. STREET EXCAVATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $2.50 $16,322.50 $3.20 $20,892.80 $4.50 $29,380.50 $3.30 $21,545.70 E. SUBGRRDE PREPARATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $1.00 $6,529.00 $0.90 $5,876.10 $0.75 $4,896.75 $0.90 $5,876.10 3. 10"COMPACTED FLEXIBLE BASE COMPLETE IN PLACE PER SQUARE YARD 6529 $4.50 $29,380.50 $4.20 $27,421.80 $4.20 $27,421.80 $4.00 $26,116.00 ---------- 4. 2" HOT MIXED ASPHALTIC CONCRETE, COMPLETE IN PLACE PER SQUARE YARD 4906 $3.60 $17,661.60 $3.45 $16,925.70 $3.35 316,435.10 $3.75 $18,397.50 5. CONCRETE CATCH CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT 1730 $4.65 $8,044.50 $4.20 $7,266.00 $4.25 87,352.50 $5.50 $9,515.00 6. CONCRETE SPILL CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT FOR 2043 $4.65 $9,499.95 $4.20 $8,580.60 $4.25 $8,682.75 $5.50 $11,236.50 7. CONCRETE LAY DOWN CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT 630 $4.65 $2,929.50 $4.00 $2,520.00 $4.50 $2,835.00 $5.50 $3,465.00 ---------- B. CONCRETE CURB CUT AND SPLASH PAD, COMPLETE IN PLACE PER EACH 2 $300.00 $600.00 $338.00 $676.00 $550.00 $1,100.00 $200.00 $400.00 9. PERMANENT STRIPING, MARKING, REFLECTORIZED TRAFFIC MARKERS AND BUTTONS COMPLETE IN PLACE PER LUMP SUM 1 $1,200.00 $1,200.00 $1,520.00 $1,520.00 $1,260.00 31,260.00 $4,500.00 $4,500.00 10. PERMANENT EROSION CONTROLS, COMPLETE IN PLACE PER LUMP SUM 1 31,000.00 $1,000.00 $3,200.00 $3,200.00 $2,700.00 32,700.00 $2,500.00 $2,500.00 ..... PAGE 3 11. SILT FENCE FOR TEMPORARY EROSION CONTROL, COMPLETE IN PLACE PER LINEAR FOOT 1300 $1.35 $1,755.00 $2.00 $2,600.00 $1.20 12. TREE PROTECTION CONSTRUCTION BARRIER FENCE COMPLETE IN PLACE PER EACH 46 $50.00 $2,300.00 $48.00 $2,208.00 $55.00 TOTAL BASE BID PRICE $97,222.55 ALTERNATE BID $99,687.00 $1,560.00 $ $106,154.40 BIDDER * AUSTIN ENGINEERING * CHASCO CONTRACTING * CHASCO CONTRACTING * COFFEE EQUIPMENT UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL 1. STREET EXCAVATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $2.50 $16,322.50 $3.20 $20,892.80 $4.50 $29,380.50 $3.35 $21,872.15 2. SUBGRADE PREPARATION, COMPLETE IN PLACE PER SQUARE YARD '6529 $1.00 $6,529.00 $1.00 16,529.00 10.75 $4,896.75 10" COMPACTED FLEXIBLE BASE, COMPLETE IN PLACE PER SQUARE YARD 6529 $4.50 129,380.50 $4.30 $28,074.70 $4.20 $27,421.80 ALTERNATE BID PRICE $57,287.00 $63,504.50 PAGE 4 $1.75 $100.00 $2,275.00 $4,600.00 3110,426.80 * 30. 90 $5,876.10 $4.20 327,421.80 4. PERMANENT EROSION CONTROLS, COMPLETE IN PLACE PER LUMP SUM 1 $1,000.00 $1,000.00 $3,200.00 $3,200.00 $3,300.00 $3,300.00 $3,500.00 $3,500.00 5. SILT FENCE FOR TEMPORARY EROSION CONTROL, COMPLETE IN PLACE PER LINEAR FOOT 1300 $1.35 $1,755.00 $2.00 $2,600.00 $1.20 $1,560.00 $2.00 $2,600.00 TREE PROTECTION CONSTRUCTION BARRIER FENCE, COMPLETE IN PLACE PER EACH 46 $50.00 $2,300.00 $48.00 32 ,208.00 $55.00 $2,530.00 $150.00 $6,900.00 369, 089. 05 368, 170. 05 BIDDER ° AUSTIN PAVING CO. * * * * ~ UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNIT/PRICE TOTAL I. STREET EXCAVATION, COMPLETE IN PLACE PER SQUARE YARD 6529 *a.uo $16,975.40 *w'o* $0.00 $xnv w^ov *«vo wznn __- - __'~~~-~~~~~~.~~_�~-~~~_ --~~~--_---_-~___.-__ c. ouoonooc PREPARATION, COMPLETE IN PLACE PER SQUARE YARD 6529 $1.00 v6 $0.00 $0.00 $0.00 *n.w $0.00 $0.00 ~-_ _-_ _~ - _.~~~~~ ~_____-~ 3. 10^oom"ocrso FLEXIBLE BASE COMPLETE IN PLACE PER SQUARE YARD uouy *a.nn *as.^r*.w *v.on *v.w pv.w $0.00 po.ov *o.on _.._..~~~ 4. 2^ HOT MIXED ASPHALTIC CONCRETE, COMPLETE IN PLACE PER SQUARE YARD 4906 $^.^v v19.624.00 *v.vv $0.00 $0.00 $0.00 *o.w $0.00 __-~___ 5. 'CONCRETE CATCH CURB AND surrcn, COMPLETE IN PLACE PER LINEAR FOOT , 1730 **.on $6,920.00 *o.nn *n.w $0.00 $v."o $".vv *^.^o G. CONCRETE SPILL CURB AND GUTTER, COMPLETE IN PLACE PER LINEAR FOOT FOR 2043 p+.vo $v./rc.wo $0.00 *v.00 *v.vo $0.00 $0.00 *o.*o ~~ -~~_ __ - .. _�~~~.~-.~~ 7. CONCRETE Lo, DOWN CURD AND surrcn, COMPLETE IN PLACE PER LINEAR FOOT 630 *4.50 *2,335.00 *o.ov *o.^o *o.vo *o.on $0.00 $0.00 '_~~.~~~~~.~~~~.~.~~~._~.~~.~~.~~~._..~~.~~~~~.~~~~~.~_-___~~~~~~~~~~__ O. CONCRETE CURB CUT AND SPLASH poo, COMPLETE IN PLACE PER EACH 2 *e50.00 $500.00 $v'vo *v.nv $0.00 *v.ov $0.00 $o.^^ y. PERMANENT STRIPING, mnnxzwo, nsrLs rop,zso TRAFFIC MARKERS AND BUTTONS COMPLETE IN PLACE PER Lump sun I $1.200.00 *1,200.00 *v'oo *w.vn v*.00 °v�ov $0.00 50. 00 ^~_ ~~.~~~.~ ~ ~~~~ - -_- - 10. PERMANENT EROSION CONTROLS, COMPLETE IN PLACE PER LUMP GUM I $5,500.00 *u.00v.w *o.w $0.00 *o.00 $o.o^ $0.00 *o.^n PAGE 5 11. SILT FENCE FOR TEMPORARY EROSION CONTROL, COMPLETE IN ",ACE PER LINEAR FOOT 1300 *1.35 v1,755.00 ,w.vn 10.00 10.00 v*.on 10.00 10.00 - ,'. TREE PROTECTION CONSTRUCTION BARRIER FENCE COMPLETE IN PLACE PER EACH +s **z.nn *1.976.00 $0.00 $0.00 *o.nn $v.^o $0.00 *o.vv TITAL BASE BID PRICE *111.162.40 ALTERNATE DID ^0.w $0.00 BIDDER " AUSTIN PAVING CO. ��----•,•,_ -•_ - -•-•-_•--- UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNIT/PRICE TOTAL UNznrnzCE TOTAL _...=.====__.______,==.===.._____=== . `. STREET EXCAVATION, COMPLETE IN PLACE PER SQUARE YARD '6529 ^2.60 116.975.+0 *0.00 $0.00 $0.00 $0.00 $0.00 $0.00 --,...,,,,,,„-..,====,,,,,,,,--,====,-,..-,-,------ --_--~�.. ... oUBoRADE pREPAnmzow. COMPLETE IN nLncE PER SQUARE YARD aouo */.on $6,529.00 *o.vv *v.vv *o.vo $0.00 $0.00 $0.00 3. 10" COMPACTED FLEXIBLE BASE, oommzrE IN PLACE PER SQUARE ,nn 6529 16.00 r39.174.00 w0.00 $0.00 $".vn *o.vo $0.00 $0.00 .~.~- -~~.~~=~~~~~~,~~~~~~~..__ -~ 4. PERMANENT EROSION CONTROLS, COMPLETE IN PLACE PER LUMP SUM 1 $5,000.00 *n.o^v.nn *o.vv $0.00 $0.00 $0.00 *^.^o $v.^o ,..~...~.~...~^~~..~..~..~.. ~~~~~~~,...-..~.......~~~.~~..~.~..~.~~..~~..-.-~..~....~.,..........~.. �. SILT F00 003 TENporlrlm( 6006100 600rr3oL, COMPLETE IN PLACE 020 LIN600 FOOT 1300 $1.35 $1,753.00 $0.00 *v.ov $0.00 $0.00 $0.00 10.00 TREE PROTECTION mps,nuc,zon oonxzcn rcncc, COMPLETE IN PLACE PER EACH 46 $+3.00 1407e.00 $0.00 $0.00 *o.no ,w.00 $w.*o $0.00 ALTERNATE BID PRICE $71,411.+0 PAGE 6 $0.00 $0.00 DATE: November 8, 1988 • SUBJECT: Council Agenda, November 10, 1988 ITEM: 12I. Consider a resolution authorizing the Mayor to enter into a contract for the construction of "Park Lane." STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Staff recommends award to Ella Contracting for $81,150.66. ECONOMIC IMPACT: We received 9 bids for this project. We feel that they are competative and the contractor has good references. e ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants II�3R 1 1 1 1 1 1 1 1 1 1 1 . 1 1 1 1 1 1 1 1 e h ESPEY, HUSTON & ASSOCIATES, INC. Engineering & Environmental Consultants Document No. 880675 EH &A Job No. 10443 EAST FLORENCE STREET AND DRAINAGE IMPROVEMENTS Prepared for: City of Round Rock 221 E Main Street Round Rock, Texas 78664 Prepared by: Espey, Huston & Associates, Inc. P.O. Box 519 Austin, Texas 78767 October 1988 ANY DISPUTE ARISING OUT OF THESE CONTRACT DOCUMENTS MAY BE SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS AMENDED. THE ARBITRATION PROCEDURES ARE SET FORTH IN THE GENERAL AND SUPPLEMENTARY CONDITIONS. 916 Capital of Texas Highway South • P.O. Box 519 • Austin, Texas 78767 • (512) 327.6840 • Telex 1561212 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS Table of Contents TC Invitation to Bid IB-1 Bid Schedule B-1 Agreement A -1 Performance Bond PB-1 Payment Bond PB-3 General Conditions of Agreement GC -1 Supplementary Conditions (Modifications) 00800 -1 Addenda 00900 -1 DIVISION 1 GENERAL REQUIREMENTS 01000 -1 Measurement and Payment 01025 -1 Regulatory Requirements 01060 -1 Reference Standards 01090 -1 Temporary Construction Facilities and Utilities 01510 -1 Protection of Work, Property and Persons 01540 -1 Traffic Regulation 01570 -1 EXHIBITS "A" Affidavit of Account "B" Railroad Protective Liability Form TC PAGE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ESPEY, HUSTON & ASSOCIATES, INC. 916 Capital of Texas Highway South P.O. Box 519 Austin, Texas 78767 (512) 327 -6840 INVITATION TO BID East Florence Street and Drainage Improvements Project No. 10443 October, 1988 You are invited to bid on the East Florence Street and Drainage Improvements project. This project includes, but is not limited to, the construction of approximately 2,000 linear feet of roadway. All bids must be on an itemized unit basis. Project to be substantially completed within 60 calendar days from date of The Notice to Proceed. The City Manager, City of Round Rock will receive bids for East Florence Street and Drainage Improvements until 2:00 p.m., Tuesday, November 1, 1988, at the Municipal Building, 221 East Main Street, Round Rock, Texas. Bids received after this time will not be accepted. All interested parties are invited to attend. Bids will be opened publicly and read aloud immediately after specified closing time. Drawings and Specifications may be examined without charge at the Engineer's office at 916 Capital of Texas Highway South, Austin, Texas 78767. Copies of the above documents may be obtained at the office of the Engineer in accordance with the Instructions to Bidders upon receipt of a non - refundable charge of $40.00. Bid security in the amount of five percent (5%) must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to waive irregularities and to reject bid. IB -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS TO BIDDERS East Florence Street and Drainage Improvements Project No. 10443 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned to them in the General Conditions. The term "bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. Copies of Bidding Documents Z.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement of Invitation to Bid may be obtained from Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders To demonstrate qualifications to perform the Work, the low Bidders must submit written evidence, such as financial data, previous experience, present commitments and other such data as called for in the Statement of Bidder's Qualifications contained herein. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 4. Examination of Contract Documents and Site 4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar IB -2 with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.1.1 Bidders shall not enter any portion of the site within private property unless accompanied by a representative of the OWNER. Bidders shall notify the OWNER at least two business days prior to the date that the Bidder wishes to visit the site within private property. The OWNER shall coordinate the site visit and shall accompany the Bidder at the site. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non - technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Engineer to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions. IB -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical. conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda. 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 52 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. B3-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. Bid Security. 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within five days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the ninety -first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. Contract Time. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. Substitute or 'Or Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.72 and 6.7.3 of the General Conditions and may be supplemented in the General Requirements. IB -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10. Subcontractors, Suppliers and Others. 10.1 The low Bidders shall submit a tabulation of subcontractors on the form provided, in addition to other data as follows: 10.2 A Statement of Bidder's Qualifications with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization shall be submitted along with the Bid. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may, before the Notice of Award is given, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the General Conditions. 10.3 In contracts where the Contract Price is on the basis of Cost- of -the- Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the Work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with Owner's written consent. 10.4 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. Bid Form. 11.1 The Bid Form is included with the Bidding Documents. 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. IB-6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11.3 Bids by corporations must be executed in the corporate name by the president or vice -president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assitant secretary. The corporation address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 1Z. Submission of Bids. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13. Modification and Withdrawal of Bids. 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 If, within twenty -four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. IB -7 PRODUCER • AIS, INC. P.O. Box 7011 Houston, Texas 77248 A M E N D E D INSURED_ - ELLA CONTRACTING, INC. P.O. Box 16498 Austin, 'Texas 78761 COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE CERTIFICATE HOLDER ACORD 25 -S (1 85) CERTIFICATE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE [OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE COMPLETED OPtRATI TO gr - ■ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER 30798 XCU Coverage Provided See Attached NS BUA 000562962 1I11.7: WC 400562959 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER CNA LLOYDS COMPANY LETTER TRANSPORTATION INSURANCE CO. COMPANY `. LETTER TRANSCONTINENTAL INSURANCE CO. COMPANY D LETTER COMPANY E LETTER POLICY n EFFECTIVE DATE (MMIDDIYY) 03 -31 -88 03 -31 -88 03 -31 -88 03 -31 -88 CANCELLATION POLICY EXPIRATION DATE (MM/DDTYY) 03 -31 -89 03 -31 -89 IxII11� 03 -31 -89 ALL LIMITS IN THOUSANDS 111 PRODUCTS- COMPIOPS AGGREGATE PERSONAL & ADVERTISING I.N„URY EACH OCCURRENCE FIRE DAMAG )ANY ONE FIRE) ® •' 11 BODILY INJURY PER PE RSON BODILY (PEN ACCIDENT PROPER' DAMAGE ISSUE DATE (MM!DD/YV) $ $ DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS RE: EH & A Job No. 10443 , *Waiver of Subrogation is included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. $ 2,000 $ 2,000 $ 1 000 $ 50 $ 11 (EACH ACCIDENT) $ 11 (DISEASE-POLICY LIMIT) $ 11 (DISEASE-EACH EMPLOYEE) City of Round Rock c/o Espey Huston & Associates, Inc. P. 0. Box 519 Austin, TX 78767 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL MOWER aR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE IIR1ACORD CORPORATION 1985 "xcu" X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. r C1�e �� COVERAGES 1 CERTIFICATE HOLDER CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL - LI I ABILITY CLAIMS MADE I �r I OCCURRENGE DWNEAS 8 CONTRACTORS PROTECTNE COMPLETED OPtRATI El as B. TO Ell I ANY AUTO ALL OWNED ED SCHEDULED AUTOS HIRED AUTOS NCNDWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM NS 800 31798 XCU Coverage Provided See Attached UMB 80056 CANCELLATION GEI,SRAL AGGREGATE PPCCUCTS.C3 DP.OPS ._GDESAT. S 2,000 PERSONAL 0 ADVER•ISINS N._PV $ 2 000 S 1,000 50 MEDICAL EYPE5SE IA.NY 0 %5 , ERS;N. EACH 00550 :NH FIRE DAMAGE IAA ONE z;E.. OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES /RESTRICTIONS /SPECIAL ITEMS RE: EH & A Job No. 10443 *Waiver of Subrogation is included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. $ $ SEA AC0IDE,' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL BAJEAXiSal TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. TAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY., ITS AGENTS OR REPPESENTATIVES. AUTHORIZED REPRESENTATIVE WWI WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY BUA 000562962 WC 400562959 City of Round Rock c/o Espey Huston & Associates, Inc. P. 0. Box 519 Austin, TX 78767 POLICY EFFECTIVE DATE (051D0/YY) 03 -31 -88 03 -31 -88 03 -31 -88 03 -31 -88 POLICY EXP:PATION DATE (1101000) 03 -31 -89 03 -31 -89 03 -31 -89 CAL BODILY 105555 PER 515501) BODILY 15590.'/ ACC PRCPE5 D A1.1AGE $ III or °RODUCER INSURED AIS, INC. P.O. Box 7011 Houston, Texas 77248 A M E N D E D COMPANY LETTER ELLA CONTRACTING, INC. P.O. Box 16498 Austin, Texas 78761 ISSUE DATE (ML IDDTY) _1.0.°-8' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER COMPANY `. LETTER COMPAN D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE CNA LLOYDS TRANSPORTATION INSURANCE CO. TRANSCONTINENTAL INSURANCE CO. "XCU" X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. PRODUCER AIS, INC. P.O. Box 7011 Houston, Texas 77248 INSURED ELLA CONTRACTING, INC. P.O. Box 16498 Austin, Texas 78761 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER WC 400562959 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 03 -31 -88 COMPANIES AFFORDING COVERAGE CNA LLOYDS COMPANY LETTER B TRANSPORTATION INSURANCE CO. LETTER C TRANSCONTINENTAL INSURANCE CO. COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE DATE IMMIDO/YY) POLICY EXPIRATION DATE IMM /DOMO ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS WOE [0 OCCURRENCE OWNER'S 8 CON'TSACTORS PROTECTIVE TO ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM U ACORD 258(71/85I. L ' :11 1 9: 03 -31 -88 XCU Coverage Provided See Attached 03 -31 -89 BUA 000562962 UMB 80056 1 03 -31 -88 03 -31 -89 0 -31 -:: CANCELLATION GENERAL AGGREGATE ARODUCTS- CCdP/OPS AGGREGATE '$ 2,000 5555DNAL a AD LYSY 5 ' 5 $ 2,000 EACH 05055a5NCE $ 1 000 PPE DA'1AG. LV,Y ONE F. $ 50 MEDICAL;%PEV5E (MD! ONE '05.5CN AGSA_G•TE $ EACH OCCuAREVCE City of Round Rock c/o Espey Huston & Associates, Inc. P. 0. Box 519 Austin, TX 78767 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE u THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL I1GO 8R TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AWACORD CQIiPORATION IU$ 03 -31 -89 STATUTORY $ 100 DESCRIPTION OF OPERATIONS/ LOCATIONSSVEH )CLES /RESTRICT)ONSSSPECIAL ITEMS RE: EH & A Job No. 10443 *Waiver of Subrogation is included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. ISSUE DATE IMM /DD,5Y) t--CH ACC':C55 5 IO'SEA55- POLICY AIM! 105EA5E ?ACR [ IP'_.Y'E "XCU" X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. COVERAGES CERTIFICATE HOLDER 1 -' AcORD 26$ (t1?a5 ■ -:. CERTIFICATE OF INSURANCE 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CC TYPE OF INSURANCE LTA POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMICDNY) DATE (MMIDDM') ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLANS MADE X IOCURPENCE OWNER'S A, CONTRACTORS PROTECTIVE COMPLETED OPERATI al TO '•'' ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY ILI ■ OTHER THAN UMBRELLA FORM NS 810 36798 03 -31 -88 XCU Coverage Provided See Attached 03 -31 -89 GENERA- A3G EGA E PRODUCTS AGoRS °ASE PERSONAL 5 ACVER EACH OCCUR.,ENCE FIRE CAMAG (AV, ONE FRET MEDICA: EXPENSE (ANY ONE F RSON; $ 1 000 BUA 000562962 03 -31 -88 03 -31 -89 UMB 80156 03 -31 -8 OTHER WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC 400562959 03 -31 -88 03 -31 -89 STATUTORY $ $ 900 $ 100 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES /RESTRICTIONS /SPECIAL ITEMS RE: EH & A Job No. 10443 *Waiver of Subrogation is included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. ICSEPSE.POLIC LIMm IC'SEASE -EACH E'P _OYEE; CANCELLATION CBl BOOI'.6 INJL'RY IPER PERSON BODILY NJURY TAI OE PROPERTY 05556E $ $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL :9XlitiLVIR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPPETENTSTIVES. AUTHORIZED REPRESENTATIVE City of Round Rock c/o Espey Huston & Associates, Inc. P. 0. Box 519 Austin, TX 78767 EMI $ 2,000 5 2 000 $ $ 50 1 ® IR/ACOHD awisOunmiget, I PRODUCER INSURED. AIS, INC. P.O. Box 7011 Houston, Texas 77248 A M E N D E D ELLA CONTRACTING, INC. P.O. Box 16498 Austin, 'Texas 78761 ISSUE DATE (MMIDON THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANY A LETTER COMPANY E LETTER COM C LETTER PANY COA LETTE R COMPANY E LETTER COMPANIES AFFORDING COVERAGE CNA LLOYDS TRANSPORTATION INSURANCE CO. TRANSCONTINENTAL INSURANCE CO. , ° xcu" X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. COVERAGES CERTIFICATE OF INSURANCE ISSUE DATE (MM /DD/YY) CO LTR THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDOUY) POLICY EXPIRATION DATE (MIADDAT ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE v IOCCL'RRENCE OWKER & CONTRACTORS PROTECTIVE COMPLETED OPtRAT TO ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM L P :11 0798 XCU Coverage Provided See Attached NS BUA 000562962 UMB 8005 CERTIFICATE HOLDER CANCELLATION City of Round Rock c/o Espey Huston & Associates, Inc. P. 0. Box 519 Austin, TX 78767 03 -31 -88 03 -31 -89 03 -31 -88 GENERAL AGGREGATE PRCOUCTS- COMPTOPS Aw - =Ea E $ 2,000 PERSONA. & AULEA'-SAG N.,.;PY EACH CCCURPENCE ARE DAMAGE (ANY ONE 1R., $ 50 MEDICAL EXPENSE (ANT ONE =ERE%; $ 1 000 $ 2 000 CSL $ RDOILY HUM' (PER PERSON) $ IN RY ASCDENT, $ PROPERTY CAMAGE 500 EACH OCCURRENCE °..GREGA'E OTHER WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC 400562959 03 -31 -88 03 -31 -89 $ $ 500 $ Ion DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES /RESTRICTIONS /SPECIAL ITEMS RE: EH & A Job No. 10443 *Waiver of Subrogation is included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. I_ADH ACCIDENT) ,DISEASE -POL CV 04.:0) ID'.SEASE•EACH EMP -CYEEI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY WILL 150E MR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE 00 OBLIGATION OR LIABILITY OF ANY KING UPON THE COMPANY. ITS AGENTS OR REPRESENT AT;'JES. AUTHORIZED REPRESENTATIVE -n: AcORO 254 (11 /B6) 03 -31 -88 03 -31 -80 R1I111M IIFV/450110101 ., PRODUCER INSURED AIS, INC. P.O. Box 7011 Houston, Texas 77248 A M E N D E D ELLA CONTRACTING, INC. P.O. Box 16498 Austin, 'Texas 78761 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY LETTER COMPANIES AFFORDING COVERAGE CNA LLOYDS TRANSPORTATION INSURANCE CO. TRANSCONTINENTAL INSURANCE CO. e "xcu° X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. CERTIFICATE OF INSURANCE INSURED CNA LLOYDS COMPANY LETTER B TRANSPORTATION INSURANCE CO. ISSUE DATE (MMIDD/YYJ PRODUCER AIS, INC. P.O. Box 7011 Houston, Texas 77248 A M E N D E D ELLA CONTRACTING, INC. P.O. Box 16498 Austin, Texas 78761 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER AK LETTER C TRANSCONTINENTAL INSURANCE CO. COMPANY LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE COVERAGES CO LTR A THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. TYPE OF INSURANCE GENERAL LIABILITY LTP 800530798 COMMERCIAL GENERAL LIABILITY CLANSMADE YY OCCURRENCE XCU Coverage Provided OWNERS a CONTRACTORS PROTECTIVE See Attached COMPLETED OPERATIINS POLICY NUMBER POLICY EFFECTIVE DATE (MM/DO/YY) 03 -31 -88 POLICY EXPIRATION DATE (MIA /DO/YYI 03 -31 -89 ALL LIMITS IN THOUSANDS GENERAL AGGREGATE PROOCCTS COMP /ORS AOGP_FGETE PERSONAL R ADVEA EAC- OCCURRENCE FIRE DAMAGE (ANY O.E FiPE, MEDICAL EXPENSE (RNY ONE PERSON; $ 1,000 $ 2,000 EXCESS LIABILITY OTHER OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY BUA 000562962 UMB :115 WC 400562959 03 -31 -88 03 -31 -89 $ $ 500 $ 100 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES /RESTRICTIONS /SPECIAL ITEMS RE: EH & A Job No. 10443 _ *Waiver of Subrogation is included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. (EACH ACCIDENT; ,.,C, 5EGSE•POLICY LIM;T) (DISEASE -EACH SMPLCAES'. I TO *� =1 ■ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS II HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 03 -31 -88 03 -31 -89 03 -31 -88 BODILY INJURY (PER PERSON( B0%5 I NJURY PER ACC DENT PRGPERT OHMAGE 50 1I1 $ $ $ s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BETORE THE EX PIRATION GATE THEREOF, THE ISSUING COMPANY WILL BYXiEEX5R TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO 07S!(;ATION 05 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPFESESO N rI ✓E5. AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER CANCELLATION City of Round Rock c/o Espey Huston & Associates, Inc. P. 0. Box 519 Austin, TX 78767 ACORD 25-S {4N05) $ 2000 $ 1 000 "XCU" X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES, TYPE OF INSURANCE POLICY NUMBER ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE I v IDCCURRENCE OWNERS & CONTRACTORSS -- P COMPLETED OPERATI � TO ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM 1� t7 XCU Coverage Provided See Attached NS 8005 S 98 BUA 000562962 - UMB :01 . 0 POLICY EFFECTIVE DATE (MM /DD/S 03 -31 -88 03 -31 -88 03 -31 -:8 03 -31 -88 CANCELLATION POLICY EXPIRATION DADE IMMIDDIAO 03 -31 -89 03 -31 -89 GENERAL AGGREGATE PRODLCTS.COMP,CPS AGGREGATE $ 2 ,000 PERSONAL 6 AD ERT'.5'N'Gi EACH OCCJRPENCE FIRE DAMAGE (ANN ONE RRE MEDICAL EXPENSE MCC,' 0.T = E9S0N) $ 2 000 S 1 000 DDE BOO I. NJ PER PERSO PROPERTY DAMAG III En IMAM $ 50 $ $ EACH OCCURRENCE AGGPEG. ?E $ OTHER WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC 400562959 03 -31 -89 $ $ $ 500 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES /RESTRICTIONS /SPECIAL ITEMS RE: EH & A Job No. 10443 *Waiver of Subrogation is included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. !EACH A :C:CEN'; 1C SEASE•POL.CV LIMO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE.ORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL K')F]L7fAR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBL'CATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE COVERAGES CO LTR CERTIFICATE HOLDER City of Round Rock c/o Espey Huston & Associates, P. 0. Box 519 Austin, TX 78767 Inc. :,IeoRO 2',801/115) • . , ®'HRlACam oonnoRATlowi PRODUCER INSURED AIS, INC. P.O. Box 7011 Houston, Texas A M E N D E D 77248 ELLA CONTRACTING, INC. P.O. Box 16498 Austin, Texas 78761 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY LETTER COMPANY LETTER COMPANY `. LETTER COMPANY D LETTER COMPANY LETTER COMPANIES AFFORDING COVERAGE , SSUE DATE (MM,'DD/YY) CNA LLOYDS TRANSPORTATION INSURANCE CO. TRANSCONTINENTAL INSURANCE CO. "XCU" X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 14. Opening of Bids. Bids will be opened and (unless obviously non - responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders within seven days after the date of Bid opening. 15. Bids to Remain Subject to Acceptance. The apparent successful bid and the next two lowest bids will remain subject to acceptance for ninety days after the day of the Bid opening. All other bids will be released and the Bid security returned within seven days. Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid or any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to asist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisifaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety days after the day of the Bid opening. 17. Contract Security. Paragraph 5.1 of the General Conditions and the Supplementary conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 18. Signing of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 5 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. Sales and Use Taxes. Owner is exempt from certain State and Local Sales Taxes on materials and equipment to be incorporated in the work. Said taxes shall not be included in the Contract price. 20. Retainage. Provisions concerning retainage and Contractors' rights to deposit securities in lieu of retainage are set forth in the Agreement. IB -9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STATEMENT OF BIDDER'S QUALIFICATIONS (Not required prior to bid opening.) All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder. 2. Permanent main office address number. 3. When organized. MBE ffi -10 WBE and telephone 4. If corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? Years. 6. Contracts on hand (or scheduled to begin within 180 days): (Provide a schedule of these, showing name and address of Owner, Engineer, Architect, amount of each contract, manpower and equipment, and the approximate anticipated dates of completion.) 7. Classification of work performed by your company in which you request prequalification by the City as a Prime Contractor by your experience record in: Airport Buildings _ Airport Construction _ Bridges Building Remodeling Buildings _ Drainage Electric, Overhead _ Electric, Underground Parks Power Plants, New Power Plants, Retrofit Streets Subdivision Electric _ Swimming Pools Wastewater Plants _ Wastewater Storage and Pumping _ Water Plants Water and Wastewater Distr. & Collection Water Storage and Pumping _ Multiple T.B.M. Tunneling over 10,000 L.F. Other (specify) 8. Have you completed all contracts awarded to you? _yes no. If no, submit details. 1 1 1 1 1 1 1 1 1 1 1 1 1 9. Has your firm ever been awarded a bonus for early completion of work? _yes _no. If yes, give details. 10. Have you ever defaulted on a contract? _ If so, where and why? 11. Is your firm presently engaged in litigation with any City? _yes no. If yes, submit description and state case number, style of case and court in which pending or in which judgment was entered. 12. Has your firm ever been assessed Liquidated Damages on any project? yes _no. If yes, submit details. 13. Attach a list of the more important projects recently completed by your company (six most recent), stating the approximate cost for each and the month and year completed. Attach name and address and phone number of the person to contact for each project. 14. Attach a list of your manpower, major equipment available for this contract, and schedule of construction. 15. List experience in construction work similar in importance to this project. Attach name, address and phone number of person to contact from each project. 16. Explain relations with public on past City projects. 17. Attach a copy of the OSHA Form 200, "Log and Summary of Occupational Injuries and Illness" covering all entries for the current year and the past 24 months together with the yearly average work force data using the City Work Force Report, Section 00126. 18. Attach statements of background and experience of the principal members of your organization, including the officers, resident Superintendent /Engineer /Architect and names of other firms the principals are seeking prequalification or are prequalified with the City of Round Rock. 19. Is your firm bondable? 11 Yes No. With whom? What limits? $ II 20. Bank Credit available: $ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 21. Submit a copy of your most recent detailed financial statement submitted to a bank for credit, and a current detailed financial statement together with other pertinent information as required by the City of Round Rock. 22. Submit a list of those subcontractors you plan to use on this project. 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City of Round Rock in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at STATE OF COUNTY OF , 19 this day of (Contractor) By Title being duly sworn deposes and says that he is of and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this My Commission Expires , 19 LB day of , 19 (Notary Public) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROJECT IDENTIFICATION: East Florence Street and Drainage Improvements CONTRACT IDENTIFICATION AND NUMBER: 10443 THIS BID IS SUBMITTED TO: 1. Mayor and City Council The City of Round Rock 221 East Main Street Round Rock, Texas 78664 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Docu- ments. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for ninety (90) days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Docu- ments within five (5) days following its prsentation. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date 10/28/88 Number ONE (receipt of all of which is hereby acknowledged and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders) ; (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such indepen- dent investigations as BIDDER deems necessary; B -1 a 1 1 1 1 1 1 1 1 1 1 1 1 a 1 1 1 1 1 (c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corpora- tion to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other BIDDER or over OWNER; and 4. BIDDER will complete the Work for the following price(s). (a) UNIT PRICES AS INDICATED IN BID SCHEDULE. 5. BIDDER agrees that the Work will be substantially completed within 60 calendar days from the date of the Notice to Proceed and completed within 90 calendar days after the date when the Contract Time commences to run. BIDDER accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work on time. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of (Cashier's or Certified Check or Bid Bond). (b) A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. a. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. B -2 a 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 If BIDDER is: An Individual By doing business as Business address: Phone No. A Partnership By Business address: Phone No. A Corporation By By (Individual's Name) (Firm Name) (General Partner) (Corporation Name) (State of Incorporation) (Name of Person Authorized to Sign) (Title) B -3 (SEAL) (SEAL) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (Corporate Seal) Attest Business address: Phone No. A Joint Venture By By (Secretary) (Name) (Address) (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) B-4 t 1 1 1 1 1 9. 10. 11. 12. 1 1 1 1 1 1 1 1 1 ITEM DESCRIPTION ELLA CONTRACTING, INC. List of 2. 2" H.M.A.C. 9. Pavement Marking Traffic Signs Hydromulch Silt Fence Tree Protection AUSTIN DIVISION P. 0. Box 16498 AUSTIN, TEXAS 78761 (512) 834 -9330 EAST FLORENCE STREET AND DRAINAGE IMPROVEMENTS Proposed Subcontractors SUBCONTRACTOR Austin Paving Company Centex Striping Campbell Light and Barricade Allgreen Hydromulch Cheverere Contracting Cheverere Contracting B 5 SIGNED V TITLE v iL 'iti JE_. 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 Mayor and City Council City of Round Rock Z21 E Main Street Round Rock, Texas 78664 c/o Espey, Huston & Associates, Inc. 916 Capital of Texas Highway South P.O. Box 519 Austin, Texas 78767 Dear Sir: BID SCHEDULE October, 1988 The undersigned, in compliance with your invitation for bids for con- struction of East Florence Street and Drainage Improvements, having examined the plans, specifications and bidding documents, the site of the proposed work, and being familiar with all of the conditions surrounding construction of the proposed project; proposes to furnish all labor, materials and equipment and perform all work required for construction of the project in accordance with the plans, specifications and contract documents for the following prices: �r - MP O— — IR +c IN I r MS s OS WO N. ra el BASE BID No. 1. 2. Estimated Quantity 6,529 SY Street excavation, complete in place per $ 2.66 $ 17, 367.14 square yard for Two Dollars Sixty -six Cents Three Dollars Twenty Cents BID SCHEDULE Written Price and Description 6,529 SY Subgrade preparation, complete in place per square yard for No Dollars Thirty -five Cents 3. 6,529 SY 10" compacted flexible base, complete in place per square yard for Unit Total Price Price 0.35 2,285.15 3.20 20,892.80 i ON 411111 I i— r MI Ma IN MP I- i NIB 111111 Ow Mk Ile BASE BID No. 5. Estimated Quantity BID SCHEDULE Written Price and Description 4. 4,906 SY 2" Hot Mixed Asphaltic Concrete, complete $ 3.47 $ 17,023.82 in place per square yard for Three Dollars Forty -seven Cents 1,730 LF Concrete catch curb and gutter, complete in place per linear foot for Three Dollars Seventy-five Cents 6. 2,043 LF Concrete spill curb and gutter, complete in place per linear foot for Three Dollars Seventy -five Cents Unit Total Price Price 3.75 6,487.50 3.75 7,661.25 MI ea M ! - - - -- W -- MI I I BASE BID N o. Estimated Quantity Four Dollars Twenty -five Cents BID SCHEDULE Written Price and Description 7. 630 LF Concrete lay down curb and gutter, $ 4.25 $ 2,677.50 complete in place per linear foot for 8. 2 EA Concrete curb cut and splash pad complete in place per each for Two Hundred and Twenty -five Dollars No Cents 9. 1 LS Permanent striping, marking, reflectorized 1,750.00 1,750.00 traffic markers and buttons complete in place per lump sum for One Thousand, Eight Hundred Dollars No Cents 10. 1 LS Permanent Erosion Controls, complete in place per lump sum for Dollars Cents Unit Total Price Price 225.00 450.00 1,800.00 1,800.00 - --- r s MS - t Mr OM s r s W MO M. .r - BASE BID No. 11. 12. Estimated Quantity One Dollars Thirty -five Cents Twenty -one Dollars Seventy -five Cents BID SCHEDULE Written Price and Description 1,300 LF Silt Fence for temporary erosion $ 1.35 $ 1,755.00 control, complete in place per linear foot for 46 EA Tree Protection construction barrier fence, complete in place per each for TOTAL STREET AND DRAINAGE IMPROVEMENTS BASE BID 81,150.66 (In case of discrepancy between Bid Price in words and figures above, Price in words shall govern.) Unit Total Price Price 21.75 1,000.50 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ANY DISPUTE ARISING OUT OF THESE CONTRACT DOCUMENTS MAY BE SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS AMENDED. THE ARBITRATION PROCEDURES ARE SET FORTH IN THE GENERAL AND SUPPLEMENTARY CONDITIONS. THIS AGREEMENT is dated as of the i day of in the year 19 SI by and between the City of Round Rock THE STATE OF TEXAS COUNTY OF WILLIAMSON Article 1. WORK Article 2. ENGINEER AGREEMENT KNOW ALL MEN BY THESE PRESENTS: A -1 City of Round Rock (hereinafter called OWNER) and Ella Contracting, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project includes, but is not limited to, the construction of approximately 2,000 linear feet of road improvements. The Project has been designed by: Espey, Huston & Associates, Inc., Austin, Texas. 1 1 who is hereinafter called ENGINEER and who will assume all duties and respon- sibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substantially completed within 60 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 90 calendar days after the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 1Z of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until and Work is substantially complete. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: See Attached Bid Schedule. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment m accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress pay- ments will be on the basis of the progress of the Work measured by the A -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Article 6. INTEREST schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion progress payments will be in an amount equal to: 90% of the Work completed unless otherwise stated in Division 1 General Requirements, Section 01025 Measurement and Payment, and 90% of materials not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 90% of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of ten percent (10 %) per year, provided, however, that in no event shall the interest due be at a rate higher than the maximum rate allowed by law at the place of the project. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifica- tions and which have been identified in the Supplementary Conditions. 7.3 CONTRACTOR has made or caused to be made examinations, investiga- tions and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the A -3 1 1 1 1 l 1 1 1 1 1 performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Docu- ments and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.6 Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: 8.1 This Agreement (pages A -1 to A -6, inclusive). 8.2 Exhibits to this Agreement: Bid Schedule, Exhibit "A" and Exhibit "B ". 8.3 Performance and other Bonds. 8.4 Notice of Award. 8.5 General Conditions (pages GC -i to GC -53, inclusive). 8.6 Supplementary Conditions. 8.7 Specifications either attached or referenced. 8.8 Drawings, consisting of a cover sheet and sheets with each sheet bearing the general title as stated in Article 1 of this Agreement. 8.9 Addenda numbers 0 to 1, inclusive). 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12 Any Modification, including Change Orders, duly delivered after execu- tion of Agreement. A-4 1 1 1 1 1 1 1 1 i 1 1 1 i 1 1 1 1 There are no Contract Documents other than those listed above in this Article S. The Contract Documents may not be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all convenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR shall notify the City of Round Rock Public Works Department within 10 days after accepting new contracts as either sub or general contractor, along with a list of manpower and equipment to be moved from this project, if any. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. A -5 1 1 1 1 1 1 1 1 1 19 BY Attest This Agreement will be effective on City of Round Rock OWNER (CORPORATE SEAL) 221 East Main Street Round Rock, Texas 78664 (If OWNER is a public body attach evidence of authority to sign and resolution or other document authorizing execution of Agreement.) A -6 ELLAr ca,- T -- CF 'C Tr_ \C CONTRACTOR License No. (Po EAL) Attest L� Address for giving notices Address for giving notices P a -C X Stl^� -a-K, Agent for service of process PRODUCER CODE AIS, INC. P. 0. Box 7011 Houston, TX SUB.CODE INSURED Ella Contracting, Inc. P. 0. Box 16498 Austin, TX 78761 AMENDED THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER ; POLICY EFFECTIVE' POLICY EXPIRATION ALL LIMITS IN TNOUSAN. LTA DATE (MM /DDIYY) DATE IMM /DD /TY) t .. GENERAL LIABILITY *, GENERAL AGGREGATE S 1000 .. ix j COMMERCIAL GENERAL LIABILITY LTP800530798 03 -31 -89 03 -31 -90 ' PRODUCTS-COMP/OPS AGGREGATE $2000 A ', CLAIMS MADE( OCCUR) OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X ; HIRED AUTOS )( f NON -OWNED AUTOS I GARAGE LIABILITY * BUA000562962 - EXCESS LIABILITY _ x__Umbrella 0MB800563073 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION ' * I C400562959 AND EMPLOYERS' LIABILITY OTHER Re: EH 0 A Job No. 10443 CITY OF ROUND ROCK c/o E6pey Hu ton 0 Aehociata,I P.O. Box 519 Auhn, Texas 78767 ISSUE DATE (MMID', - 4a.hch`_30, -Y989 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE LETTERNY CNA Lloyds LETTER Transportation Insurance Company LETTERNYC Transcontinental Insurance Company COMPANY D LETTER COMPANY E LETTER 03 -31 -89 b3 -31 -90 0;3 -31 -89 03 -31 -89 wY ¢3 -31 -90 03 -31 -90 AUTHORIZED REPRESENTATIVE PERSONAL & ADVERTISING INJURY $2000 EACH OCCURRENCE FIRE DAMAGE (Any one lire) S ,50 MEDICAL EXPENSE (Any one person) S 5 COMBINED SIM T LE $ 500 BODILY INJURY $ (Per person). BODILY INJURY $ (Per accident) PROPERTY DAMAGE OCCURRENCE. ( I DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS $1000 AGGREGATE 1 ,000 $ 1, 000 STATUTORY $ 100 (EACH ACCIDENT) - $ 500 (DISEASE — POLICY LIMIT) 100 (DISEASE —EACH EMPLOYE * Waivers o6 Subnogat.%an Ls inc.Puded in bavon. o6 CeAti6icate Ho.Eden and Engineen, Ebpey Hu.a.on o A66oc%ateb, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AXIYl 7(X714 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. "XCD" X - Property Damage caused from explosion. C - Property Damage caused by collapse resulting from excavation work. U - Property Damage caused to underground utilities or any other equipment beneath the surface caused by excavation. STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND Bond No. 29 0120 - 10498 - 88 - 3 KNOW ALL MEN BY THESE PRESENTS: That ELLA CONTRACTING, INC. of the City of AUSTIN County of TRAVIS , and State of TEXAS as principal, and UNITED STATES FIDELITY & GUARANTY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF ROUND ROCK, TEXAS (Owner), in the penal sum of EIGHTY -ONE THOUSAND, ONE HUNDRED FIFTY AND 66/100 Dollars ($ 81,150.66 for the payment whereof, the said Principal and Surety bind 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 EAST FLORENCE STREET AND DRAINAGE IMPROVEMENTS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." *Not applicable for federal work. See "The Miller Act," 40 U.S.C.S270. Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -1 "COMPLAINT NOTICE:" SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE THE COMPANY THAT ISSUED THE BOND. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE, DEPT. C., 1110 SAN JACINTO, AUSTIN, TEXAS 78786. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS BOND. 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 performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 . ELLA CONTRACTING, INC. By PILE. .1 1 P.O. Box 16498 Title Address Austin, Texas 78761 Houston, Texas 77292 - 4528 The name and address of the Resident Agent of Surety is: Texas Local Recording Agents, License No. 0102432 PB - Z UNITED STATES FIDELITY & GUARANTY COMPANY Surety Andrew J. Janda Attorney -in -Fact Title P.O. Box 924528 Address Tarpey & Company, P.O. Box 924528, Houston, Texas 77292 -4528 STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND Bond No. 29 - 0120 - 10498 - 88 - 3 KNOW ALL MEN BY THESE PRESENTS: That ELLA CONTRACTING, INC. of the City of AUSTIN County of TRAVIS , and State of TEXAS as principal, and UNITED STATES FIDELITY & GUARANTY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto (Owner), in the penal sum of EIGHTY - ONE THOUSAND, ONE HUNDRED FIFTY AND 66/100 Dollars ($ 81,150.66 ) for the pay- ment whereof, the said Principal and Surety bind 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 EAST FLORENCE STREET AND DRAINAGE IMPROVEMENTS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE. PB -3 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 performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 . ELLA CONTRACTING, INC. P.O. Box 16498 P J I Title Address Austin, Texas 78761 The name and address of the Resident Agent of Surety is: Texas Local Recording Agents, License No. 0102432 PB - 4 UNITED STATES FIDELITY & GUARANTY COMPANY Surety Andrew J. Janda Attorney -in -Fact Title P.O. Box 924528 Address Houston, Texas 77292 -4528 Tarpey & Company, P.O. Box 924528, Houston, Texas 77292 -4528 Knew all Men by those Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under she laws of the State of Maryland, and having its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint Andrew J. Janda of the City of Houston . State el Texas Its erne and lawful attorney in and for the State of Texas fax the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds. and to respectively de and perform any and all ems and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, • certified copy of which is hereto annexed and made a parr of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through zee, its Board of Direness. hereby ratifies and confirms all and whatsoever the said may lawfully do in the premises by vlatus of these Timms. fn Wingate Whereof', the slid UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be raced with Re corporste seal, deb attested by the signatures of its Yke•Pndd rat and Assistant Secretary, dab 30th day of September , A. D. 1977 UNITED SPATES FIDELITY AND GUARANTY COMPANY. (Signed) gr Charles W. Boone (SEAL) STATE OF MARYLAND. 1 BALTIMORE CITY, m. On this 30th day of September A. D. 19 77, before me personally came Charles. W. Boone , Vice•Pretident of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Michael B. Casey , Assistant Secretary of said Company, with both of whom I apt personally acquainted, who being by me severally duly sworn, mid that they, the said Ch a r e a W. Boone and Mic13ae1 B. Casey were respectively the Vice•President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal axed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order m V ce-Preddent and Amistaut Secretary, respectively, of the Company. (SEAL) My commission expires the fins day in July, A. D. 19 78 STATE OF MARYLAND 1 Set BALTIMORE CITY. I. Robert H. House , clerk of the Superior Court of Beltimora City, whirls Court is • Csurt of Record. and hss a seaL do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and wbo has thereto subenibd. his name, was at the time of w doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oohs and take acknowkdgmeats, or proof of deeds to be recorded therein I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the •ignaturs to be his genuine signature. In Testinsony Whereof', I hereto set ray hand and affix the seal of the Superior Court of Baltimore City. the same being a Court of Record, this 30th day of September , A. D. 19 77 (SEAL) (Signed) Robert H. Boise F8 3 (s -0r) CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 88174 Andrew J. Janda (StgnSd) Vier- President Michael B. Casey dasisrane sar..amy. (Signed) Margaret M. Hurst Weary Public. Clerk of the Superior Court of Bahimore City. That Whereas, it is necessary for the efeetual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and is its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion'of Canada and in the Colony of Newfoundland. There /ore, be it Resolved, that this Company do, and it hereby does, authority and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of perans holding positions of public or private trust, guaranteeing the performances of contract. other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys- in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, order, canons, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whassover, conditioned for the doing or not doing of anything or any conditions which may be provided for in any each bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, Michael P. Hammond , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY. do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to of Houston. Texas authorising and empowering him to sign bonds es therein set forth, which power of attorney has never been revoked and is mill in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, an the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting, In Testimony Whereof, 1 have hereunto net my hand and the wad of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) COPY OF RESOLUTION Andrew J. Janda existent Secretory. COVERAGES CERTIFICATE OF INSURANCE ISSUE DATE (MM /DD/YY) CO LTR THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER TIONS OF SUCH POLICES IN, THE $IIA,PNGE.9, P E POREE { M N,I$ S Tb Ecz L Q F Fi„ THE TERMS, EXCLUSIONS, AND CONDI- X OTHER TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY CLAIMS MADE OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE OMPIFTEn OPERATION ONTRAOTIIAI I TARTI T EXCESS LIABILITY UMBRELLA OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Y Re: EH & A Job No. 10443 POLICY NUMBER TP 800530798 UA 000562962 MB 800563073 C 400562959 POLICY EFFECTIVE DATE (MMIDOM') 3 -31 -88 3 -31 -88 3 -31 -88 3 -31 -88 POLICY EXPIRATION DATE (MM/DD/YY) 3 -31 -89 3 -31 -89 3 -31 -89 3 -31 -89 GENERAL AGGREGATE PRODUCTS- COMP /OPS AGGREGATE PERSONAL & ADVERTISING 'INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) CSL 100111 INJURY TER PERSON( $ BODILY (P NE5RY ACCIDENT) PROPERTY DAMAGE STATUTORY $ no $ 500 $ inn ALL LIMITS IN THOUSANDS $ 500 $ $ $ EACH GccuBBErvcE 1,000 $ $ AGGREGATE $ 1,000 (EACH ACCIDENT) (DISEASE POLICY LIMIT) (DISEASE.EACH EMPLOYEE) DESCRIPTION OF OPERATIONS( LOCATIONS )VEHICLESIRESTRICTIONSISPECIAL ITEMS Via Ver of Subrogati on 1s included in favor of Certificate Holder and Engineer, Espey Huston & Associates, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL flifiretee&R MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER CITY OF ROUND ROCK c/o ESPEY HUSTON & ASSOCIATES,INC P.O. Box 519 Austin, Texas 78767 ACORD 25 -S (11/85) CANCELLATION MME 1= IIR /ACORD CORPORATION 1985 PRODUCER INSURED AIS, INC. P.O. Box 7011 Houston, Texas 77248 ELLA CONTRACTING, INC. P.O. Box 16498 Austin, Texas 78761 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ETTER A CNA LLOYDS COMPANY LETTER B TRANSPORTATION INSURANCE C.O. COMPANY LETTER C TRANSCONTINENTAL INSIIRANCF CO COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE TYPE OP INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINSUR. PROPERTY CAUSES OF LOSS BASIC ;BROAD. :SPEC. GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 'OCCUR. OWNER'S S CONTRACTORS PROT. x Railroad Protective Liability RETRO DATE FOR CLAIMS MADE: i BEI®RALA GREGE1E $ 6,000 IPIroD.— colw,arsAGm*s&TE $ N/A B ADVTSNG. INJURY $ N/A EACH OCCURRENCE $ 2,000 FIRE DAMAGE (Any one fire) ..... $. N/A MED. MED. EXPENSE (Any one person) - $ N/A AUTOMOBILE ' LIABILITY NON/OWNED ,HIRED GARAGE ALL VEHICLES SCHEDULED VEHICLES CSL $ 51 PERSIACCID $ PD MED. ' PAY ' PIP UM AUTO PHYSICAL DAMAGE COLLISION DED. OTC DELL ALL VEHICLES SCHEDULED VEHICLES ACV STATED AMOUNT S OTHER EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH AGGREGATE SELF- INSURED RETENTION OCCURRENCE WORKER'S COMPENSATION AND EMPLOYERS LIABILITY STATUTORY (EACH ACCIDENT) (DISEASE- POLICY LIMIT) (DISEASE-EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS /OTHER COVERAGES Designated Contractor: Ella Contracting, Inc. Job Designation: Drainage & Street Improvements; E. Florence, St., City of Round Rock, TX; Project No. 10443 NAME & ANDRESS ACDRI) 7 LOSS PAYEE LOAN 11 ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE � / AIS, INC. At ItI1® 11 -23 -88 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM PRODUCE ER AIS, INC. P. 0. Box 7011 Houston, TX 77248 CODE SUB -CODE INSURED Union Pacific Railroad Company 1416 Dodge Street Omaha, NE 68179 COMPANY BINDER NO. ISSUE DATE (MM/DD(YY) Transcontinental Insurance Co. EFFECTIVE - EXPIRATION DATE TIME DATE TIME 1 1 -23 -88 12:01 x AM 11-23-89 x rot AA PM .,..... NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED I COMPANY PER EXPIRING POLICY NO: DESCRIPTION OF OPERATIONS/VEHICLES /PROPERTY (Including Location) ACOAO 768 (2128) CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance Is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder Is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sus- tained therefrom. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' 1 1 1 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 r TABLE OF CONTENTS OF GENERAL CONDMONS Article Number Title Page 1 DEFINITIONS GC -1 2 PRELIMINARY MATTERS GC-4 CONTRACT DOCUMENTS: GC -6 INTENT AND REUSE 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; GC -8 REFERENCE POINTS 5 BONDS AND INSURANCE GC -11 6 CONTRACTOR'S RESPONSIBILITIES GC -16 7 OTHER WORK GC -25 8 OWNER'S RESPONSIBILITIES GC -26 9 ENGINEER'S STATUS DURING CONSTRUCTION GC -27 10 CHANGES IN THE WORK GC -30 11 CHANGE OF CONTRACT PRICE GC -32 12 CHANGE OF CONTRACT TIME GC -38 13 WARRANTY AND GUARANTEE; TESTS AND GC -38 INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION GC-42 15 SUSPENSION OF WORK AND TERMINATION GC-48 16 ARBITRATION GC -51 17 MISCELLANEOUS GC -52 GC -i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEX TO GENERAL CONDITIONS Acceptance of Insurance 5.13 Access to the Work 13.2 Addenda -- definition of (see definition of Specifications) 1 Agreement— definition of 1 All Risk Insurance 5.6 Application for Payment — definition of 1 Application for Payment, Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment — review of 14.4 thru 14.7 Arbitration 16 Availability of Lands 4.1 Award— Notice of— defined 1 Before Starting Construction 2.5 thru 2.7 Bid - definition of 1 Bonds and Insurance —in general 5 Bonds — definition of 1 Bonds, Delivery of Z.1, 5.1 Bonds, Performance and Other 5.1, 5.2 Cash Allowances 11.10 Change Order — Definition of 1 Changes in the Work 10 Claims, Waiver of —on Final Payment 14.16 Clarifications and Interpretations 9.3 Cleaning 6.17 Completion 14 Completion, Substantial 14.8, 14.9 Conference — Pre - Construction 2.8 Construction Machinery, Equipment, etc. 6.4 Continuing Work 6.29 Contract Documents — definition of 1 Contract Documents — intent and reuse 3 Contract Documents - -reuse of 3.5 Contract Price, Change of 11 Contract Price — definition 1 Contract Time, Change of 12 Contract Time — Commencement of 2.3 Contract Time — definition of 1 GC-ii Article or Paragraph Number 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEX (Continued) Contractor — definition of 1 Contractor May Stop Work or Terminate 15.5 Contractor's Continuing Obligation 14.15 Contractor's Duty to Report Discrepancy in Documents 2.5, 3.2 Contractor's Fee —Costs Plus 11.6 Contractor's Liability Insurance 5.3 Contractor's Responsibilities —in general 6 Contractor's Warranty of Title 14.3 Contractual Liability Insurance 5.4 Copies of Documents 2.2 Correction or Removal of Defective Work 13.11 Correction Period, One Year 13.12 Correction, Removal or Acceptance of Defective 13.11 thru 13.14 Work —in general Cost of Work 11.4, 11.5 Costs, Supplemental 11.4.5 Effective date of Agreement — definition of 1 Emergencies 6.22 Engineer -- definition of 1 Engineer's— Notice Work is Acceptable 14.3 Engineer's Responsibilities, Limitations on 9.11 thru 9.14 Engineer's Status During Construction —in general 9 Engineer's— Recommendation of Payment 14.4, 14.13 Equipment, Labor, Materials and 6.3 thru 6.6 Equivalent Materials and Equipment 6.7 Article or Paragraph Number Day — definition of 1 Defective Work, Acceptance of 13.13 Defective Work, Correction or Removal of 13.11 Defective — definition of 1 Defective Work —in general 13 Defective Work, Rejecting 9.4 Definitions 1 Delivery of Bonds 2.1 Disagreements, Decisions by Engineer 9.9, 9.10 Documents, Copies of 2.2 Documents, Record 6.19 Documents, Reuse 3.5 Drawings— definition of 1 GC-iii INDEX (Continued) Article or Paragraph Number Fee, Contractor's -Costs Plus 11.6 Field Order - definition of 1 Field Order - issued by Engineer 10.2 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment, Recommendation of 14.13, 14.14 Final Payment and Acceptance 14.13 General Requirements- definition of General Provisions Giving Notice Guarantee of Work -by Contractor Notice, Giving of Notice of Award -definition of Notice of Acceptability of Project GC-iv 1 17.3, 17.4 17.1 13.1 Indemnification 630 thru 6.32 Inspection, Final 14.11 Inspection, Tests and 13.3 thru 13.7 Insurance, Bonds and -in general 5 Insurance- Certificates of 2.7 and 5 Insurance, Contractor's Liability 53 Insurance, Contractual Liability 5.4 Insurance, Owner's Liability 5.5 Insurance, Property 5.6 thru 5.12 Intent of Contract Documents 3.1 thru 3.4, 9.12 Interpretations and Clarifications 9.3 Investigations of Physical Conditions 4.2 Labor, Materials and Equipment 6.3 thru 6.6 Laws and Regulations 6.14 Liability Insurance- Contractor's 53 Liability Insurance- Owner's 5.5 Limitations on Engineer's Responsibilities 9.11 Materials and Equipment - furnished by Contractor 6.3 Materials or Equipment - Equivalent 6.7 Miscellaneous Provisions 17 Modification -- definition of 1 17.1 1 14.13 INDEX (Continued) Notice to Proceed - definition of 1 Notice to Proceed - giving of 2.3 "Or- Equal" items 6.7 Other Contractors 7 Overtime Work - prohibition of 6.3 Owner-definition of 1 Owner May Correct Defective Work 13.14 Owner May Stop Work 13.10 Owner May Suspend Work, Terminate 15.1 thru 15.4 Owner's Duty to Execute Change Orders 11.8 Owner's Liability Insurance 5.5 Owner's Representative- Engineer to serve as 9.1 Owner's Responsibilities -in general 8 Owner's Separate Representative at Site 9.8 Partial Utilization 14.10 Partial Utilization - Property Insurance 5.14 Patent Fees and Royalties 6.12 Payments to Contractor -in general 14 Payments, Recommendation of 14.4 thru 14.7.5 Pre - construction Conference 2.8 Performance, and other Bonds 5.1 thru 5.2 Permits 6.13 Physical Conditions - Investigations and Reports 4.2 Physical Conditions, Unforeseen 4.3 Preconstruction Conference 2.8 Preliminary Matters 2 Premises, Use of 6.16, 6.17, 6.18 Price - Change of Contract 11 Price- Contract - definition of 1 Progress Payment, Applications for 14.2 Progress Schedule 2.6, 14.1 Project - definition of 1 Project Representative, Resident -- definition of 1 Project Representation- Provision for 9.8 Project, Starting 2.4 Property Insurance 5.6 thru 5.12 Property Insurance - Receipt and Application of Proceeds 5.11, 5.12 Property Insurance- Partial Utilization 5.14 Protection, Safety and 6.20 thru 6.21 GC-v Article or Paragraph Number 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEX (Continued) Recommendation of Payment 14.4, 14.13 Record Documents 6.19 Reference Points 4.4 Regulations, Laws and 6.14 Rejecting Defective Work 9.4 Remedies Not Exclusive 17.5 Removal or Correction of Defective Work 13.11 Resident Project Representative-definition of 1 Resident Project Representative - provision for 9.8 Responsibilities, Contractor's 6 Responsibilities, Owner's 8 Reuse of Documents 3.5 Royalties, Patent Fees and 6.13 Safety and Protection 6.20 thru 6.21 Samples 6.23 Schedule of Shop Drawing Submissions 2.6, 14.1 Schedule of Values 2.6, 14.1 Shop Drawings and Samples 6.23 thru 6.29 Shop Drawings -- definition of 1 Site, Visits to -by Engineer 9.2 Specifications-definition of 1 Starting Construction, Before 2.5 thru 2.9 Starting the Project 2.4 Stopping Work -by Contractor 15.5 Stopping Work -by Owner 13.10 Subcontractor - definition of 1 Subcontractors -in general 6.8 thru 6.11 Substantial Completion - certification of 14.8 Substantial Completion- definition of 1 Subsurface Conditions 4.2, 4.3 Supplemental Costs 11.4.5 Surety - consent to payment 14.12, 14.14 Surety - notice of changes 10.5 Surety - qualification of 5.1, 5.2 Suspending Work, by Owner 15.1 Suspension of Work and Termination -in general 15 Superintendent- Contractor's 6.2 Supervision and Superintendence 6.1, 6.2 GC-vi Article or Paragraph Number 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Uncovering Work Unit Prices Unit Prices— Adjustment of Use of Premises INDEX (Concluded) Values, Schedule of 14.1 Visits to Site —by Engineer 9.2 GC-vii Article or Paragraph Number Taxes — Payment by Contractor 6.15 Termination —by Contractor 15.5 Termination - -by Owner 15.2 thru 15.4 Termination, Suspension of Work and —in general 15 Tests and Inspections 13.3 thru 13.7 Time, Change of Contract 12 Time, Computation of 17.2 Time, Contract — definition of 1 13.8, 13.9 11.3.1 11.9 6.16, 6.17, 6.18 Waiver of Claims —on Final Payment 14.16 Waiver of Rights by Insured Parties 5.10 Warranty and Guarantee —by Contractor 13.1 Warranty of Title, Contractor's 14.3 Work, Access to 13.2 Work by Others —in general 7 Work, Cost of 11.4, 11.5 Work Continuing During Disputes 6.29 Work — definition of 1 Work, Neglected by Contractor 13.14 Work, Stopping by Contractor 15.5 Work, Stopping by Owner 15.1 thru 15.4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS ARTICLE 1-- DEFINLTIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement —The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment —The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds —Bid, performance and payment bonds and other instruments of security. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price —The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time —The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. Day —A day is defined as a calendar day in which weather or other conditions not under the control of the CONTRACTOR will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. Defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the pro- tection thereof has been assumed by OWNER at Substantial Completion in accord- ance with paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement- -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER —The person, firm or corporation named as such in the Agreement. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements— Sections of Division 1 of the Specifications. Laws and Regulations; Laws or Regulations —Laws, rules, regulations, ordinances, codes and /or orders. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents. OWNER —The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. GC -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Partial Utilization— Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative —The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings —All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Conditions. Supplier—A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities —All pipelines, conduits, ducts, cables, wire, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. GC -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Unit Price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work - related aspects of the Contract Documents. Delivery of Bonds: ARTICLE 2-- PRELIMINARY MATTERS 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless other- wise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commence of Contract Time; Notice to Proceed: 2.3 The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the one hundred twentieth day after the GC-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5 Before undertaking each part of the Work, CONTRACTOR shall care- fully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifica- tion from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRAC- TOR had actual knowledge thereof or should reasonably have known thereof. 2.6 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1 an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2 a preliminary schedule of Shop Drawing submissions; and 2.6.3 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 2.7 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5 .7. GC -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Preconstruction Conference: 2.8 Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9 At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to ENGINER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGI- NEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. Intent: ARTICLE 3-- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well -known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the GC -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 time of opening of Bids (or, on the Effective Dateof the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1 a formal Written Amendment, 3.4.2 a Change Order (pursuant to paragraph 10.4), or 3.4.3 a Work Directive Change (pursuant to paragraph 10.1). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.1 a Field Order (pursuant to paragraph 9.5), 3.5.2 ENGINEER's approval of a Shop Drawing or sample (pursuant to para- graphs 6.26 and 6.27), or GC -7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.5.3 ENGINEER'S written interpretation or clarification (pursuant to para- graph 9.4). Reuse of Documents: 3.6 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project withoug written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. Availability of Lands: ARTICLE 4-- AVAILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights -of -way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1 Explorations and Reports. Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. GC -8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.2.2 Existing Structures. Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facil- ities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the tech- nical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 4.2.3 Report of Differing Conditions. If CONTRACTOR believes that: 4.2.3.1 any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2 any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 4.2.4 ENGINEER's Review. ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5 Possible Document Change. If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6 Possible Price and Time Adjustments. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles 11 and 12. GC -9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Physical Conditions -- Underground Facilities. 4.3.1 Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplemen- tary Conditions: 4.3.1.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, 4.3.1.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Under- ground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners for such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20) and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2 Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4 OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying GC -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. Performance and Other Bonds: ARTICLE 5- -BONDS AND INSURANCE 5.1 CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 52 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: 5.3 CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish the Work, or by anyone for whose acts any of them may be liable: 5.3.1 Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; GC -11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.3.2 Claims for damages because of bodily injury, sickness or disease, or death of CONTRACTOR's employees; 5.3.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4 Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with para- graph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4 The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obliga- tions under paragraphs 6.30 and 6.31. GC -12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Owner's Liability Insurance: 5.5 OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6 Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the hill insurable value thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work, all of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall included damages, loss and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals). If not covered under the "all risk" insurance or otherwise provided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7 OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Condi- tions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8 All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 5.9 OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any GC -13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1 OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, ENGINEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcontract between CONTRACTOR and a Subcontractor will contain similar waiver pro- visions by the Subcontractor in favor of OWNER, CONTRACTOR, ENGINEER, ENGINEER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2 OWNER and CONTRACTOR intend that any policies provided in re- sponse to paragraphs 5.6 ands 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER'S consultant, OWNER will obtain the same, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12 Any insured loss under the policies of insurance required by para- graphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement GC -14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 is reachfd, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interests shall object in writing within fifteen days after the occurrence of loss to OWNER'S exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of such duties. Acceptance of Insurance: 5.14 If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CON- TRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization— Property Insurance: 5.15 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. GC -15 Supervision and Superintendence: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be respon- sible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The super- intendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: ARTICLE 6-- CONTRACTOR'S RESPONSIBILITIES 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start -up and completion of the Work. 6.5 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CON- TRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise GC -16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 provided in the Contract Documents; but no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or perform- ance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph Z.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items: 6.7.1 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGI- NEER to determine that the material or equipment proposed is equi- valent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of materials and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGI- NEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the appli- cation and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such GC -17 Z . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGI- NEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in para- graph 6.7.1 as applied by ENGINEER and as may be supplemented in the General Requirements. 6.7.3 ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGINEER will be the sole judge of accept- ability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special per- formance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRAC- TOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against who OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcon- tractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2 If the Supplementary Conditions require the identity of certain Subcon- tractors, Suppliers or other persons or organization (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and GC -18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or ENGI- NEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization as identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CON - TRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcon- tractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CON- TRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance GC -19 1 1 1 1 1 1 1 1 1 1 1 a 1 1 1 1 1 1 of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13 Unless otherwise provided in the Supplementary Conditions, CON- TRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the timeof opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2 If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice therof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. GC -20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Taxes: 6.15 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shaII not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the permises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. GC -Z1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 Record Documents: 6.19 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 620 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1 all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 620.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused., directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is GC -22 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRAC- TOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies: 6.22 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph Z.9), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRAC- TOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information as required. 6.24 CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. GC -23 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6.25.1 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified per- formance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but ENGINEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27 ENGINEER's review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by para- graph 6.25.2 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsi- bility for having complied with the provisions of paragraph 6.25.1. 6.28 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGINEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be GC -24 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30 To the fullest extent permitted by Laws and Regulations, CONTRAC- TOR shall indemnify and hold harmless OWNER and ENGINEER and their consult- ants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work 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 or arises by or is imposed by Laws and Regulations regardless of the negligence of such party. 6.31 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcon- tractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmens' compensation acts, disability benefit acts or other employee benefit acts. 6.32 The obligations of CONTRACTOR Under paragraph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs of specifications. Related Work at Site: ARTICLE 7- -OTHER WORK 7.1 OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract GC -25 1 1 1 1 1 1 r 1 1 t 1 1 1 1 1 1 1 Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.2 CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibiliies of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other consultants. 7.3 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4 If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8-- OWNER'S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. GC -26 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration. 8.3 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4 OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in para- graphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5 OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6 OWNER is obligated to execute Change Orders as indicated in para- graph 10.4. 8.7 OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER'S right to terminate services of CONTRACTOR under certain circumstances. Visits to Site: ARTICLE 9-- ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or GC -27 1 1 1 1 1 1 i 1 1 1 1 1 1 1 i continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limita- tions of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4 ENGINEER will issue with reasonable promptness such written clarifi- cations or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise( as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpreta- tion justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents whicn do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6 ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special GC -28 1 1 l 1 1 1 1 1 1 1 1 1 1 1 1 inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29, inclusive. 9.8 In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9 In connection with ENGINEER's responsibilities in respect of Applica- tions for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10 ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER'S written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12 When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in GC-29 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 such capacity. The rendering of a decision by ENGINEER pursuant to para- graphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14 Whenever in the Contract Documents the terms as ordered ", as directed ", "as required ", "as allowed ", "as approved" or terms of like effect or import are used, or the adjectives "reasonable ", "suitable ", "acceptable ", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRAC- TOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16 ENGINEER will not be responsible for the acts or omissions of CON- TRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 1O -- CHANGES IN THE WORK 10.1 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be GC -30 1 1 1 1 1 M 1 1 1 1 1 1 1 1 performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 11 or Article 12. 10.3 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.Z2 and except in the case of uncovering Work as provided in paragraph 13.9. 10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.4.1 changes in the Work which are ordered by OWNER pursuant to para- graph 10.1 are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties; 10.4.2 changes in the Contract Price or Contract Time which are agreed to by the parties; and 10.4.3 changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. GC -31 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE 11-- CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive). 11.3.2 By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with para- graph 11.6.2.1). 11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 11.6 and 11.7). Cost of the Work: 11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except GC -32 1 r 1 1 1 1 1 1 1 1 1 1 1 1 as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5. 11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employ- ees not employed full time on the Work shall be apportioned on the basis of their time spend on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement bene- fits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Sup- pliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then deter- mine, with the advice of Engineer, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. GC -33 1 1 1 1 1 1 1 1 1 11.4.5 Supplemental costs including the following: 11.4.5.1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accord- ance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4 Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6 Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accord- ance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR'S Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. GC -34 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11.4.5.7 11.4.5.8 The cost of utilities, fuel and sanitary facilities at the site. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9 Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5 The term Cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, ac- countants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 - -all of which are to be con- sidered administrative costs covered by the CONTRACTOR's Fee. 11.5.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. GC -35 1 1 1� 1 1 1 1 1 v 1 r 1 1 1 1 1 1 1 CONTRACTOR's Fee: 11.6 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2 a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the CON - TRACTOR's Fee shall be fifteen percent; 11.6.2.2 for costs incurred under paragraph 11.4.3, the CONTRACTOR'S Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CON- TRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent; 11.6.2.3 no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.4 the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CON - TRACTOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5 when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7 Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGI- NEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees that: GC -36 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11.8.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) or materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2 CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be corre- spondingly adjusted. Unit Price Work: 11.9.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR will be made by ENGINEER in accordance with para- graph 9.10. 11.9.2 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect tc any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. GC -37 ARTICLE 12 -- CHANGE OF CONTRACT TIME 12.1 The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the require- ments of this paragraph 12.1. 12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected or accepted as provided in this Article 13. GC -38 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Access to Work: 13.2 ENGINEER and ENGINEER'S representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRAC- TOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CON - TRACTOR's purchase thereof for the incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified)• 13.5 All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organiza- tions acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. GC -39 13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for obser- vation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and conse- quential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 1Z. Owner May Stop the Work: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11 If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. One Year Correction Period: 13.12 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been GC-40 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professions) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER'S evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employ- ees such access to the site as may be necessary to enable OWNER to exercise the GC-41 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 rights and remedies under this paragraph. AU direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. Schedule of Values: ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2 At least twenty days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens ") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. GC-42 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACTOR's Warranty of Title: 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment with ENGINEER'S recommendation, the amount recommended will (subject to the pro- visions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5 ENGINEER's recommendation of any payment requested in an Applica- tion for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER'S on -site observations of the Work in progress as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER'S knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6 ENGINEER's recommendation of final payment will constitute an addi- tional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such GC-43 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 representations to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence of the results of subse- quent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2 the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4 of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CON - TRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set -off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days GC-44 execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10 Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER without significant interference with CON - TRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing, giving the reasons therefor. If ENGINEER considers that part of the Work to be substan- tially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. GC-45 14.10.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CON- TRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of para- graph 5.15 in respect of property insurance. Final Inspection: 14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12 After CONTRACTOR has completed all such corrections to the satis- faction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record docu- ments (as provided in paragraph 6.19) and other documents - -all as required by the Contract Documents, and after ENGINEER has indicated that the Work is accept- able (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or GC-46 waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, materials and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construc- tion and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation - -all as required by the Contract Docu- ments, ENGINEER is satisfied that the Work has been completed and CONTRAC- TOR's other obligations under the Contract Documents have been fulfilled, ENGI- NEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. Thereupon, ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retaining stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. GC-47 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contractors Continuing Obligation: 14.15 CONTRACTOR's obligation to perform and complete the work in ac- cordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correc- tion of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obliga- tion to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waive of Claim: 14.16 The making and acceptance of final payment will constitute: 14.16.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. Owner May Suspend Work: ARTICLE 15-- SUSPENSION OF WORK AND TERMINATION 15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRAC- TOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12. GC-48 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Owner May Terminate: 15.2 Upon the occurrence of any one of more of the following events: 15.2.1 if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3 if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5 if CONTRACTOR admits in writing an inability to pay its debts as they become due; 15.2.6 if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under para- graph Z.9 as revised from time to time); 15.2.7 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9 if CONTRACTOR otherwise violates in any substantial way any provi- sions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take GC-49 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 possession of the Work and all of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CON- TRACTOR then existing of which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CON- TRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CON- TRACTOR any sum finally determined to be due, the CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in GC -50 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16-- ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by artibration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specific- ally enforceable under the prevailing law of any court having jurisdiction. 16.2 No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accord- ance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty-clay or ten -day period specified in paragraph 16.2, as applicable, and in all such cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 16.4 No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any person or entity GC -51 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (including ENGINEER, ENGINEER'S agents, employees or consultants) who is not a party to this contract unless: 16.4.1 the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 16.4.2 such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3 the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. § 510, 11). Giving Notice: ARTICLE 17-- MISCELLANEOUS 17.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given 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 or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2 A calendar day of twenty -four hours measured from midnight to the next midnight shall constitute a day. GC -52 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 General: 17.3 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or other for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guaranteees made inthe Contract Documents will survive final payment and termination or completion of the Agreement. GC -53 1 1 1 1 1 1 1 1 1 1 e 1 1 1 1 1 1 1 SECTION 00800 - SUPPLEMENTARY CONDITIONS GENERAL: The provisions of this section of the specifications shall govern in the event of any conflict between them and the "General Conditions of Agreement." COPIES OF DOCUMENT: ARTICLE 2 -- PRELIMINARY MATTERS 2.2 Section 2.2, Copies of Documents, of the General Conditions is hereby modified as follows. Four (4) sets of Contract Documents shall be furnished to the CONTRACTOR, at no charge, for construction purposes. Additional copies may be obtained at cost of reproduction upon request. Cut sheets and one copy of field notes will be furnished to the proper inspection division of the City of Round Rock if required. ARTICLE 4 -- AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS AVAILABILITY OF LANDS: 4.1 Section 4.1, Availability of Lands, of the General Conditions, is hereby modified to include the following. The OWNER will provide rights -of -way for the purpose of construction without cost to the CONTRACTOR. It shall be the responsibility of the CONTRACTOR, prior to the initiation of construction on easements through private property, to inform the property owner of his intent to begin construction. Before beginning construction in areas of public dedication, the CONTRACTOR shall inform the agency having jurisdiction in the area forty -eight (48) hours prior to initiation of the work. PHYSICAL CONDITIONS: 4.2.1 Paragraph 4.2.1, Explorations and Reports, of the General Conditions is hereby modified to include the following: Explorations and Reports utilized by ENGINEER in preparation of Contract Documents are not to be construed as being a part of the Contract Documents. Such reports are presented as Information Available To Bidders and it is the Bidder's responsibility to inquire of ENGINEER if additional information is available, to make arrangements to review same prior to bidding and make his own determinations as to all physical conditions. 00800 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXISTING STRUCTURES: 4.2.2 Paragraph 4.2.2, Existing Structures, of the General Conditions is hereby modified as follows. The plans show the locations of all known surface and subsurface structures. However, the OWNER and ENGINEER assume no responsi- bility for failure to show any or all of these structures on the plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the buhding of special work, provisions for which are not made in the Contract Documents, in which case the provisions in these specifications for extra work shall apply. REFERENCE POINTS: 4.4 The OWNER will establish line and grade one time only. CONTRACTOR shall report to ENGINEER whenever any reference point established by the ENGINEER is lost or destroyed or requires relocation for any reason. ENGINEER shall re- establish such points and the OWNER shall deduct from monies due to the CONTRACTOR the expense of re- establishing the reference points. ENGINEER shall have the authority to stop all work and withhold approval of payment to the CONTRACTOR at any time reference points have been destroyed or adequate control is not in existence on the site. The decision of the ENGINEER is final. PERFORMANCE AND OTHER BONDS: ARTICLE 5 -- BONDS AND INSURANCE 5.1 Section 5.1 Performance and Other Bonds of the General Conditions is hereby amended to include the following: After completion of the work but prior to final payment and acceptance CONTRACTOR will submit a maintenance bond to the City of Round Rock for 10% of the final contract amount. CONTRACTOR'S LIABILITY INSURANCE: 5.3 Section 5.3 Contractor's Liability Insurance of the General Conditions is hereby amended to include the following: a) CONTRACTOR shall purchase and maintain Insurance as required by Missouri Pacific Railroad Company and as set for in Exhibit "B" - RAILROAD PROTECTIVE LIABILITY FORM, attached to and made a part of these Supplemental Conditions. 00800 -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 b) In addition, the limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 5.3.1 and 5.3.2, Workers' Compensation, etc. under paragraphs 5.3.1 and 5.3.2 of the General Conditions: (1) State: Statutory (2) Applicable Federal (e.g., Longshoreman's):Statutory (3) Employer's Liability: $100,000 5.3.3, 5.3.4, 5.3.5 and 5.3.6, Comprehensive General Liability (under paragrah 5.3.3 through 5.3.6 of the General Conditions): (1) Bodily Injury (including completed operations and products liability) : $500,000 Each Occurrence $500,000 Annual Aggregate Property Damage: $250,000 $250,000 (2) Property Damage liability insurance will provide Explosion, Collapse and Underground coverages. (3) Personal Injury, with employment exclusion deleted $300,000 Annual Aggregate 5.3.7 Comprehensive Automobile Liability: Bodily Injury: $250,000 $500,000 Each Occurence Annual Aggregate Each Person Each Occurence Property Damage: $250,000 Each Occurence 5.3.8 (1) Umbrella liability coverage of at least $1,000,000. (2) CONTRACTOR's general liability carrier shall issue a separate Protective Liability Policy covering OWNER and ENGINEER providing coverage for not less than the amounts stated above. 00800 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.4 CONTRACTUAL LIABILITY INSURANCE: The Contractual Liability required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts: MATERIAL STORAGE: USED MATERIALS: USE OF PREMISES: 5.4.1 Bodily Injury: $500,000 5.42 Property Damage: $250,000 Each Occurence $500,000 Annual Aggregate ARTICLE 6 -- CONTRACTOR'S RESPONSIBILITIES 6.16 Section 6.16, Use of Premises, of the General Conditions, is hereby modified to include the following. The CONTRACTOR's attention is directed to the limits of work space as obtained by the OWNER and as shown on the plans. The CONTRACTOR shall restrict his operations within the limits of the work space. He shall be responsible for all damages to trees, crops, grasses, etc. which occur as a result of his operations outside such limits. Should the CONTRACTOR require additional work space for access, he shall make arrangements with the owners of such property for such work space at no cost to the OWNER. Each Occurence 6.3 Section 6.3, Labor, Materials and Equipment, of the General Conditions is hereby modified to include the following. Materials and equipment delivered to the site of the work in advance of their use shall be stored so as to cause the least inconvenience and in a manner satisfactory to the ENGINEER. Materials and equipment stored for extended periods shall be protected from weather conditions in a manner satisfactory to the ENGINEER. 6.5 Section 6.5, Labor Materials and Equipment, of the General Conditions is hereby modified to include the following. No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in any permanent structure without written consent of the ENGINEER. The CONTRAC- TOR shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished, and new - appearing condition. 00800 -4 1 1 • 1 DISPOSAL OF WASTE MATERIALS: 6.17 Section 6.17, Use of Premises of the General Conditions is hereby modified as follows. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of excavated earth in excess of that required for backfilling, waste materials, rubbish and other debris resulting from the Work, in conformance with the Contract Documents. All such excess or waste materials, rubbish and other debris shall, unless otherwise specified in the Contract Documents, become the property of CONTRAC- TOR to be removed from the premises at CONTRACTOR'S expense in conformance with all applicable governmental regulations, Contract Documents and to the satisfaction of ENGINEER. CONTRACTOR shall indemnify OWNER and ENGINEER against any and all claims arising as a result of the CONTRACTOR's disposition of any excess or waste materials, rubbish or other debris resulting from the Work. PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED: 6.20 Section 6.20, Safety and Protection, of the General Conditions, is hereby modified to include the following. In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until ordered to do so by the ENGINEER. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The CONTRACTOR shall be responsible for the protection of all existing utilities or improvements crossed by or adjacent to his construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRAC- TOR shall replace or repair immediately the utilities, service lines or improvements with the same type of original material and construction, or better, at his own cost and expense. USE OF EXPLOSIVES: 6.20 Section 6.20, Safety and Protection, of the General Conditions is hereby modified to include the following. Use of explosives shall conform to all regulations of local government in force at the time of blasting. 00800 -5 t 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 Should the contractor elect to use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The OWNER and ENGINEER shall not be held liable for damages done by the CON- TRACTOR in the use of explosives. In addition, the Contractor will be compelled under the contract to provide, through a reputable soils engineering firm professing expertise in this engineering discipline, a monitoring of all blasting as it pertains to all surrounding existing structures, wells, or utilities; and show evidence of same prior to the execution of this Contract. The CONTRACTOR shall notify the proper representatives of any public service corporation, any company, or any individual not less than eight (8) hours in advance of the use of explosives which might endanger or damage their or his property along or adjacent to the work. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places be plainly marked "DANGEROUS EXPLOSIVES," and shall be under the care of a competent watchman at all times. ARTICLE 13 — WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK INSPECTION: 13.4 Section 13.4, Testing and Inspections, of the General Conditions is hereby modified as follows. The City of Round Rock Inspectors will inspect this project. The OWNER will pay inspection and testing fees required by the City of Round Rock. The CONTRACTOR will pay for all retesting. ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULE OF VALUES: 14.1 Section 14.1, Schedule of Values, of the General Conditions is hereby modified as follows. Unit Prices, as defined in the Bid Schedule, will serve as the basis for progress payments. APPLICATION FOR PROGRESS PAYMENT: 14.2 Section 14.2, Application for Progress Payment of the General Condi- tions is hereby modified as follows. CONTRACTOR shall submit for payment to the ENGINEER on or before the 25th of each month for quantities installed prior to and including the 25th of each month. 00800 -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARBITRATION: CONTRACTOR will submit along with his monthly Application for Payment an affidavit stating that all previous payments to him under the Contract have been applied by him to discharge in full all of his obligations with the work covered by all prior applications for payments. The CONTRACTOR will furnish this affidavit conforming to Exhibit "A" attached to and made a part of these Supplemental Conditions. ARTICLE 16 — ARBITRATION 16.1 Paragraph 16.1 of the General Conditions shall be modified to include the following: PROVISIONS OF THIS AGREEMENT ARE SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, V.A.C.S., ART. 224 TO 238 -6 00800 -7 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00900 - ADDENDA ADDENDUM NO. 1 PROJECT: East Florence street and drainage Improvements DATE: October 28, 11988 This addendum forms a part of the contract and clarifies, corrects or modifies the original Bid Document dated October, 1988. The instructions to bidders Section 10.1 shall read as follows: The bidders shall submit a list of subcontractors that will be used for this project. Section 10.2 will be modified to read the following: If Owner or Engineer after due investigation has reasonable objec- tion to any proposed subcontractor, supplier, other person or organization, either may, before the notice of award is given, request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. 00900 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 DIVISION 1 GENERAL REQUIREMENTS 01000 -1 1 1 1 t 1 1 1 0 1 1 1 1 1 1 1 PART 1 GENERAL BID QUANTITIES: 1.1 Bid Quantities are for Bidding Purposes Only: Final payment will be made only for work performed and accepted. The Contract shall verify quantities before ordering materials. Unless stated otherwise in the contract documents, it is understood that all payments made are for finished work and include all labor, tools, materials, constructing and completing the item on which payment is made. LETTER OF ACCEPTANCE: 1.2 Letter of Acceptance. The Contractor shall submit a letter of accep- tance from the City of Round Rock before requesting final payment. PART 2 SITE PREPARATION STREET EXCAVATION: SECTION 01025 MEASUREMENT AND PAYMENT 2.1 Street Excavation will be paid for at the square yard contract price, which price shall be considered full compensation for clearing and grubbing of the right-of-way, for rough cutting of streets to subgrade, from one & one half (131) foot behind the curb to one & one half (154) foot behind the opposite curb, placing of all excess spoils from street and utility excavation as shown on the plans and /or as directed by the Owner and /or his Engineer, furnish all equipment necessary to complete item including labor, superintendence, and other incidentals necessary thereto. SUBGRADE PREPARATION: 2.2 Subgrade preparation will be paid for at the unit contract price per square yard, for the final grading of the right-of-way to include furnishing all materials necessary to bring subgrade from one and one half (1%) foot behind curb and gutter or ribbon curb on each side of the street to limits indicated on the plans and as staked on the ground, necessary equipment, labor, and superintendence to complete such work. FLEXIBLE BASE: 2.3 Flexible Base will be paid for at the unit contract price per square yard, at thickness specified, complete in place as calculated from one and one half (1%) 01025 -1 1 1 1 1 1 1 1' 1 1 1 1 1 1 1 1 foot behind the curb to one and one half (1%) foot behind the opposite curb and by the horiziontal length of the street which price shall be full compensation for furnishing all materials, laying, superintendance, hauling, installing base and all other items necessary or incidental thereto. 2.4 Permanent erosion controls will be paid for at the lump sum contract price which shall be considered full compensation for furnishing and placing all materials and incidentals necessary to complete the work. TEMPORARY EROSION CONTROLS: 2.5 Temporary erosion controls (silt fencing) will be paid for per linear foot which shall be considered full compensation for furnishing and placing all materials and incidentals necessary to complete the work. TREE PROTECTION: 2.6 Tree Protection will be paid for at the unit contract price per each, complete in place, which price shall be full compensation for furnishing all materials, labor and all other items necessary or incidental thereto. PART 5 PAVING AND SURFACING HOT MIX ASPHALTIC CONCRETE PAVING: 5.11 Hot Mix Asphaltic Concrete Paving will be paid for at the unit contract price per square yard, complete and in place as calculated from the lip of the gutter to the lip of the opposite gutter, and by the horizontal length of the street, which price shall be full compensation for furnishing all materials, laying, superintendence, hauling and all other items necessary or incidental thereto. CONCRETE CURB OR CONCRETE CURB AND GUTTER: 5.21 Concrete Curb or Concrete Curb and Gutter will be paid for at the unit contract price per linear foot, which price shall be considered full compensation for furnishing and placing reinforcing steel, dowels, expansion joint material, curing material, backfilling and for all other materials, manipulations, labor, tools, equipment and incidentals necessary to complete the work. 01025 -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 6 CONCRETE STRUCTURES CONCRETE CURB CUT AND SPLASH PAD: 6.1 Concrete Curb Cut and Splash Pad will be paid for at the unit contract price per each, complete in place, which price shall be considered full compensation for furnishing and placing all fill material, reinforcing steel, dowels, backfilling and for all other materials, labor and incidentals necessary to complete the work. PART 7 SITE IMPROVEMENT PERMANENT TRAFFIC CONTROL DEVICES: 7.1 Permanent Traffic Control Devices will be paid for at the contract unit price per lump sum which will be considered full compensation for furnishing all labor, tools, equipment, striping, signage, paint, buttons and any incidentals necessary to complete the work as specified. END SECTION 01025 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1, SECTION 01060 - REGULATORY REQUIREMENTS PART 1 - GENERAL 1.01 CITY OF ROUND ROCK It is the intention of these Contract Documents to describe and provide for work and materials which conform to all applicable parts of The Code of the City of Round Rock and which shall be acceptable for connection to and inclusion in the Street and Drainage system of the City of Round Rock. The CONTRACTOR shall install street and drainage improvements in accordance with City of Austin Standard Specifications for Public Works as adopted by the City of Round Rock. 1.02 OTHER REGULATIONS 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 against any claim arising from the violation of any such laws and ordinances, whether by the CONTRACTOR or his employees. 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. 1.03 CONFLICTING REQUIREMENTS A. The CONTRACTOR shall be familiar with all regulations applicable to the work and materials specified in the Contract Documents. The CONTRACTOR shall at all times be responsible for conducting the work in conformance with all applicable regulations. B. In case of conflicting requirements the CONTRACTOR shall immedi- ately notify the ENGINEER which will take prompt action in conform- ance with the Contract Documents. 1.04 PERMITS, LICENSES, AND FEES Except where otherwise noted or specified, the CONTRATOR shall file all applications or notices, pay all fees, deposits or other charges, and procure all inspections, meters, permits, licenses, etc., which are required or customary for normal and lawful prosecution of the work. END OF SECTION 01060 -1 1 l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01090 - REFERENCE STANDARDS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Applicability of Reference Standards. B. Provision of Reference Standards at site. C. Acronyms used in Contract Documents for Reference Standards. Source of Reference Standards. 1.02 RELATED REQUIREMENTS A. Document 00700 - General Conditions: Reference Standards. 1.03 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable code.. B. The date of the standard is that in effect as of the Bid date, or date of Owner - Contractor Agreement when there are no bids, except when a specific date is specified. C. When required by individual Specifications section, obtain copy of standard. Maintain copy at jobsite during submittals, planning, and progress of specific work, until Substantial Completion. 1.04 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute Box 19150 Reford Station Detroit, MI 48219 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 01090 -1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 IE 1 1 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 400 North Michigan Avenue Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ASTM American Society for Testing and Materials 1916 Race Street Phildelphia, PA 19103 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 AWS American Welding Society 550 LeJeune Road Miami, FL 33135 COA City of Austin Standard Specifications for Public Works 301 West 2nd Street Austin, Texas 78701 COA City of Austin Standard Construction Specifications of Water and Wastewater Department 500 West 1st Street Austin, Texas 78701 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 01090 -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1050 15th Street, N.W. Washington, DC 20005 FS Federal Specification General Services Administration Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, DC 20407 NEMA National Electrical Manufacturers' Association Z101 L Street, N.W. Washington, DC 20037 NFPA National Fire Protection Association Battery March Park Quincy, MA 02269 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, 1L 60606 THD Texas State Department of Highways and Public Transportation Texas Standard Specifications Dewitt C. Greer State Highway Bldg. llth and Brazos Austin, TX 78701 TWC /TDH Texas Water Commission Texas Dept. of Health P. O. Box 13087, Capitol Station Austin, Tx. 78711 END OF SECTION 01090-3 SECTION 01510 - TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES PART 1 - GENERAL 1.01 TEMPORARY UTILITIES Unless otherwise provided in the Contract Documents the CONTRAC- TOR shall at his own expense arrange and provide for all utilities necessary to conduct the work including testing in conformance with the Contract Documents. 1.02 TEMPORARY SANITATION FACILITIES The CONTRACTOR shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by the ENGINEER shall be put into imme- diate force and effect by the CONTRACTOR. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CON- TRACTOR in such a manner and at such point as will be acceptable to the ENGINEER, and their use shall be strictly enforced by the CON- TRACTOR. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City of Round Rock shall be strictly complied with. END OF SECTION 01510 -1 SECTION 01540 - PROTECTION OF WORK, PROPERTY AND PERSONS PART 1 - GENERAL LOl DESCRIPTIONS A. The CONTRACTOR shall exercise every precaution necessary to protect the work, and at his own expense shall immediately repair, rebuild, or otherwise restore any injury or damage to the work, whether arising from the execution or non - execution of the CONTRACTOR's duties, or from action by the natural elements, or from any cause whatsoever. The CONTRCTOR's responsibility for protection and maintenance of the work shall not cease until the project has been accepted by the City of Round Rock. B. Where the work is carried on in or adjacent to any street, alley, or public place, the CONTRACTOR shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The CONTRACTOR shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. C. The CONTRACTOR will be held responsible for all injury or damage to the work or the public due to failure of barricades, signs, fences, lights, or watchment to protect them. Whenever evidence is found of such damage to the work, the ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at the CONTRACTOR'S own expense. The CONTRACTOR's responsibility for the maintenance of barricades, signs, fences, and lights, and for providing watchmen shall not cease until the project has been completed and accepted in accord with the Contract Documents. D. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 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 designated in writing by the CONTRACTOR to the OWNER and the ENGINEER. 01540 -1 E. The CONTRACTOR shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: 1. all employees on the work and all other persons who may be affected thereby; 2. all the work and all materials and equipment to be incorporated therein, whether in storage or 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, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. F. 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 dam age. END OF SECTION 01540 -2 SECTION 01570 - TRAFFIC REGULATION PART 1 - GENERAL 1.01 DESCRIPTION A. The CONTRACTOR shall make adequate provisions to allow reasonable vehicular and pedestrian traffic, including the use of driveways, to proceed safely with minimum inconvenience except during actual construction operations such as trenching or pipe laying. Such provision may include temporary fill and /or bridging, temporary surfacing with gravel, stone or paving, or such other means as the ENGINEER may approve. B. Sidewalks must not be obstructed except by special permission of the ENGINEER. Access to private dwellings and to commercial establishments must be provided at all times. C. If diversion of traffic is approved by the ENGINEER at any location, the CONTRACTOR shall make arrangements satisfactory to the ENGINEER for the diversion and the schedule of operations, and shall at his own expense provide and maintain all roadways, bridges or other facilities necessary for such diversion of traffic. At least three working days prior to the beginning of such traffic diversion, the CONTRACTOR shall notify the Police Department, Fire Department, Texas State Department of Highways and Public Transportation, and the owners or agents of all property likely to be affected by the diversion. The same parties shall be notified when normal traffic flow is restored. D. All traffic regulation shall be conducted in accord with these Contract Documents and the laws and ordinances of any agency having jurisdiction. END OF SECTION 01570 -1 STATE OF TEXAS COUNTY OF EXHIBIT "A" AFFIDAVIT OF ACCOUNT FOR MONTHLY AND FINAL PAYNENT(S) I, , being duly sworn, state that I am the , of (Company) hereinafter referred to as "Company," whose business address is , and that I am familiar with all matters involved in the work performed by Company on the project known as: , located in County, Texas. Total contract amount, including all changes $ Total amount received by Company to date $ Balance still to be paid (including retainage) $ We owe the following sums to those who have supplied us with labor and materials. If "None," so state: NAME AMOUNT You are authorized to withhold these amounts from monies due us until we submit proof of payment of these debts. Other than as above stated, Company has paid in full all those who have supplied labor or materials for work performed at the above location. Company will defend and save and all other parties having any interest in the 'PROJECT" harmless against any and all claims and liens of any supplier of labor or materials for our work at the above location. Other than as agreed above, Company will do no work and make no claims for any work except on further written order as approved by the BOARD OF DIRECTORS Company Officer Title Date , 1987 Subscribed and sworn to before me, a Notary Public of the State of Texas, County of , this day of , 1987. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i June 30, 1967. EXHIBIT B For attachment to Lease, Audit No. 1248 -60 STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES RAILROAD PROTECTIVE LIABILITY FORM Including Instructions for Preparation of Policies by Companies June 30, 1967. STAIMARD PROVISIONS FOi C1'£.9AL LIABILIT° POLICIES Railroad Protective Liability For CEEE.RAL .ii!TRUCTIONS Page 1 1. Standard Language This form is expressed in standa=rd language which may not be =ended. and no part of which =ay be omitted except (a) as indicated. by these instructions or (b) as indicated in reference notes shown bel=ow referring to specific por- tions of the for=, or (c) by an endorsement which states an anent t=ent cr exclusion of soma provision of the form in accordance with the provisions of a manual rule, the fora of which en=dorsement has been approved, if required, by the suoervisth authority of the state in which the policy is issued.. 2. Optional Sequence an Arrangement The several parts of the form, viz. "Insuring Agreements," "Exclusion," "Coalitions and "Declarations" may appear in the policy in such sequence as the co try ray elect and the sequence and arrangement of the several pro- visions of those parts ore also optional with the company. 3. Descriptive Eea3lnes-- Ia_ntifying or Inlexing Designations The iescriptive heaiings of the parts of the form (as quoted above) and of the major insuring agreements ( "Bodily Injury Liability," "Property Dam- age Liability," etc.) are standard expressions which may not be amended or omitted, but all other identifying or indexing designations (such as "Cove -hoe A," "Defense, Settlement, Supplementary Pa-,r ents," "Cancelation," etc.), i::cl•_ing literal or numerical designs: '.ohs or paragraphs or phrases, say be =ended or omitted at the economy's option. When such identifying cr tndexing designations, used for the purpose of reference in the text of the far= or e: y endorsement fora applicable thereto, are e_•-ended or omitted, _escriptive designations shall be substituted therefor. 4 Additional Coverages or Companies, Explanatory or Connective Ler.rioge When po1.cies are issued to proviie insurance in this fora to with irsursate covering other risks, the addition of necessary explanatory or connective language which toes not amend the expression of this for= is per- missible ani the introtoy ,:age cf the "inswing Agreements" which provides for the issuance of a policy by two conies may be used and, if necessary, pasaph_ -asei to mer=it such policies to be issued by more than two companies. 5. Dec1a_rationa -- Includi=ng Other Risks . A common set of declarations may be used in those eases where policies in this _or= are issuei with policies covering other risks. 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 ,1 1 1 1 June 30, 196 Page Z. *6. Installment Premium Payment Policies written to provide for payment of p:cmium in installments m an ilia provide for lapse or suspension of the policy upon default of payment *Dot applicable in Texas 7. Addition Of Coverage by Endorsement When insuring agreements and other provisions relating to any particular a this policy by entorsement, such additional ansu of jt must be are sae ei to thi owed s taniart language relating to the in rurtiet]sr aule ras s s a treteb the east be subs- in appet to al' standard provisions applicable to that class ss to by the expressions of the endorsement or of the policy Y or of both taken together. 8. Definition of " and "Approved S`� age" or " standard language" when used in these "Stale-art. � endorsements either prescribet or approve 'by insurance supervising d authority of the state in which policy forms and er: o- emeats are approved. reserioe.. In those states where super - rovev or ? eies, ties do mot have the authority to approve or prescribe po . - -Tieing or a the terms mean the or ant eniorsem nts 'forms s a a nd eriorsemeats, adapted. by the companies for use in such states. 9. Premium Statement be an?x1 by am statement with respect to payment of rr ea. ne say me of premium, l endorsement mt c to do necessary provision turn of premium ion with respect to ant payment dividend * under payment of °' Boma_ premium . the policy. and Participating Stock 10. Special Conditions for !4ituals, Reciprocals, Companies When the policy is issued by a sutual compaey, a re�proc e a sppll- participating atoct company having spe a when aappli -d cable or a parea ership or policyholders, such provis e by to its mesh authority of the state in which the policy is issue — if s the approval is r e Qyired, may be insert in the policy. �,�h � s *See General Instractton 10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 June 30, 1967. REFERENCE NOTES 1— matter in brackets may be included, omitted or amended at the option of the company. 2 —The effective hour and date of the policy may be typed or printed in this space. 3 —:. statement may be _.—_ that a definite notation may be mate in the premium column to show that a particular coverage is not afforded. h —Nats: of company may be shown. 5 —The capacity of the person countersigning nay be stated. 6—Additional declarations of this type, ca1l:ng for general information or information regarding installment payment of premium, may be uses at the option of the company. 7 —The name and location of the company are to be state!. The type of the ermaany an the wort used throughout the policy suitably to desig- nate the company are to be stated. 9 —The language of this paragraph is optional with the company. Page 3. OM MI r MO MI s s IN — MO M MO OE M NM r G MI MI BLANK IIBIEIN1TY COMPANY KAIIR IN,UUntC E COMPANY F Nell oad Protective Liability Policy Mo. ill L 44 4 r 0. 0 0.. 0 Y DECLARATIONS �� UNION PACIFIC RAILROAD COMPANY 02(0 - Item 1. Named Insured Douglas Nebraska 68179 a'� Address 1416 Dodge c Street Omaha State • e. Street Town or City 1 County .. Ho. Item 2. Polley Period$ From Bee Reference No 2) t 12:01 A.N., standard time of the designated job site as 'feted herein. The lneuren a afforded 1e only with respect to such of the following coverages es are eted Item 3. [In Item °J by 'pacific premium charge or chargeu. The limit of the company policy tensing such coverage or coverages shall be as t stated herein, subject to all the terms of this reference thereto. Coverages A Bodily Injury Liability B Property Damage Liability 6 C and phyitcal Damage to Property Limits of Liability $2,000,000.00 per occurrence combined single limit $6,000,000.00 aggregate item 1. Name and Address of Contractor performed Item 5. Were and Addreee of Ouvernmontel Authority for whom the work by the contractor is being pe .0 0 m a NMI NM MI MR • s r - -- i I IN M 1 r I in s Item 6. Premium Beni action of the Job Bite and Rases Deccrl tlon of Work Contract Coot Rental Cost I f Policy Period more than one years Premium is paynbles On effective date of Policy $ F ate and Place of Issue Countersigned A. Renewal of Policy number. B. The named insured is a corporation. ( L 1 , et Advance Rates Promiume overapu A Coverages B& C Coverage A Coverages B& C Per $100 of Cost Per $100 of Rental Cost let Anniversary.$ 2nd Anniversary $ 1 by C. Endorsement serial numbers. D. Rating plan or premium discount. (See Reference Note 5) ' 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 July 13, 1967. BLANK INDEMNITY COMPANY (For policy issued by one company) insurance company, herein called the company) ( 1 (A Agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the state- ments in the declarations made by the name insured and subject to all of the terms of this policy: (For policy issued by two companies) BLANK INDEMNITY COMPANY and BLANK INSURANCE COMPANY insurance company, herein called the company) (Each a Severally agree with the insured, named i the declarationsiuiadelaapar upon hereof, in consideration cf the payment f the statements in the •. eclarations made by the named insured and subject to all of the terms oi this policy, provided the Blank Indemnity Company and no shall be the insurer with respect to coverage other the insurer with respect to other and the Blank Insurance Company and coverage no other: INSURING AGREEMENTS • 1. Coverace A - Bodil' Iniury Liability To pay on behalf of the insured all sums which the insured shall be- come legally obligated to pay as damages because of bodily injury, sickness, or disease, including death at any time resulting therefrom, hereina a called "bodily injury," either (1) sustained by any person acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 of the Declarations, or (2) the sustained at the designated job site by te c c to r erianyseeployee in f contractor, or by any employee of the governmental Item 5 of the Declarations, or by any designated employee of the insured, whether or not arising out of such acts or omissions. Coverace_ B - Property Damace Liability To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of physical injury to or destruction of prof'rtY, including loss of use of any property due to such injury or destruction, hereinafter called "property damage" arising out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 of the declarations. 7 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 June 30, 1967. Page 7. Coverage C - Physical Damane to Property To pay for direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment, or motive power equipment, bereinafter called loss, arising out of acts or omissions at the designated job site which are related to or are in connection with the work described in Item 6 'of the declarations; provided such property is owed by tba named insured or is Leased or entrusted to the named insured under a lease or trust agreement. II. Definitions ( (a) Inscred - The unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting vithie the scope of his duties as such. Contractor - The word "contractor" oesn4 the contractor designated in IteaT4 of the declarations and includes all subcontractors of sail contr rector but shall not include the mated insured. Deal -ate_ e- mleyee cf the insured - The words "denigrated erplcyte of the insured" =en: mop supervisory employee of the insured at the job site, any eo L yee of the insured while operating, attached to or engaged on vork trains or other railroad equipment at the job site vhich are assigned delusively to the contractor, or agy employee of the insured not within (1) or (2) who is specifically loaned or assigned to the work of the contractor for prevention of accidents or protection of property, the cost of whose services is borne specifically by the contractor or by govern =ata1 authority. Contract - The word "contract" means any contract or ag_eemeot to carry a person or property for a consideration or any lease, trust or interchange contract or mgreterent respecting =rive power, roll- ing stock or mechanical construction equipment. ( 2) (3) 4 III. Defense, Settle gent. Srnolenentery Payments With respect to such irs rune.- as is afforded by this policy under coverages A and 8, the company shat?: defend soy suit against the insured alleging such bodily injury or property damage and seeking damages vhich are payable under the terms of this policy, even if soy of the allegations of the suit are groundless, false or fraudulent, but the cocgany may =Ike such investigation and settlement of any claim or suit as it deems expedient; (b) pay, in addition to the applicable limits of liability: (1) all expenses incurred by the expiry, all costs taxed ag^_inst the immured in any such suit and all interest on the entire 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 June 30, 1967. Page 8. (f) a ununt of any judgment therein which accrues after entry of the judg~.cnt and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; (2) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, but without obligation to apply for or furnish any such bonds; (3) expenses incurred by the insured for such iaaediate medical and surgical relief. to others as she'. be iterative at the tins of the occurrence; • (4) all reasonable expenses, other than loss of ea- rungs, incurred by the insured at the company's request. I4, Folier Period. Territor. This policy applies only to occurrences and losses during the pcl_'cy period and within the 'United States of America, its terri tories or possessions, or Canada. EXCLUSIO`:S This policy does not apply: (a) to liability assumed by the insured under any contract or agreement except a contract as defined herein; (b) to bodily injury or property dab -age caused intention= y by or at the direction of the insured; (c) to bodily injury, property damage or loss which occurs after • notification to the named insured of the acceptance of the work by the goveranental authority, other than bodily injury, property damage or loss reeulting from the existence or removal of tools, un nstalled equipment and abandoned or ua.red materials; (d) under coverages A (1), 3 and C, to bodily injury, property damage or loss, the sole proximate cause of which is an act or omission of any insured other than acts or omissions of any designated employee of any insured; (e) under Coverage A, to any obligation for which the insured or any carrier as his insurer•nay be held liable under any workmen's compensation, unelopmeat compensation or disability benefits law, or under any si law; provided gnat the Federal Employers' Liability Act, D. S. Code (1946) Title 45, Sections 51-60, as amended, shall for the purposes of this insurance be deemed not to be any si__lar law; under coverage 3, to injury to or destruction of property (i) owned by the named insured or (ii) .eased or entrusted to the maned insured under a lease or trust agreement. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 September 29, 1967. Page 9. (g) 1. Under any Liability Coverage, to injury, sickness, disease, death or destruction (a) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any Medical Payments Coverage, or under any Supplementary - Payments provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous prop ties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 3. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, trans- ported or disposed of by or on behalf of an insured; cr (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction. maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 September 29, 1967. Page 10. 4. As used in this exclusion: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material ", "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component. solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination therec - or more than 250 grams of uranium 235. (d) any structure, basin, excavation, premises or place prepare= or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material; With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forns of radioactive contamination of property. (h) under Coverage C, to less due to nuclear reaction. nuclear radiation or radioactive contamination, or to any act or condition incident to any of the foregoing. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1` 1 June 30, 1967. Page 11. CO??OITIG IS The conditions, except conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, apply to all coverages. Conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 apply only to the coverage noted thereunder.)t. 1. Premium The premium bases and rates for the hazards described in the declarations are stated therein. Premium bases and rates for hazards not so described are those applicable in accordance with the manuals in use by the company. The term "contract cost" weans the total cost of all work described in Item 6 of the declarations. The ten "rental cost" means the total cost to the contractor for rental of work trains or other railroad equipment, including the remuneration of all employees of the insured mile operating, attached to or engaged thereon. The advance premium stated in the declarations is an estimated premium only. Upon termination of this policy the earned preolum shall be computed in accordance with the company's rules, rates, rating plans, premiums and .._.tom,: m premiu:s applicable to this insUr arce. If the earned premium thus commuted exceeds the estimated adrante premium paid, the company shall look to the contractor specified in the declarations for any such excess; if less, the company shall return to the said contractor the unearned portion paid. In no event payment of premium be an obligation of the nand insured. 2. Ir._,ection The named insured shall rake availaL,.a to the company records of information relating to the subject matter of this insurance. The company shall be permitted to inspect all operations in correction with the work described in Item 6 of the declarations. 3. Limits of Liability The lilt of bodily injury liability stated in the Coverage A declarations as applicable to "each person" is the ,t —ytt of the company's liabil ity for all damages, including damages for care and loss of services, arising out of bodily injury sustained by one person as the result of any one occurrence• the limit of such liability stated in the declarations as applicable to "each occurrence" is, aublect to the above provision respecting each person, the total limit of the company's liability for all such damage arising out c: bodily injury sustained by two or more persons as the result of any one occurrence. 4. Limits of Liabilit The limit of liability under coverages 8 and C stated Coverages 3 and C in the declarations as applicable to "each occurrence" is the total limit of the com liability for all damages and all loss under coverages 3 and C combined arising out of physical injury to, destruction or loss of all property of one or more persons or organizations, including the loss of use of any property due to such in .lury cr destruction under coverage 5, as the result of any one occurrence. Subject to the above provision respecting "each occurrence," the 1. :t of liability under coverages 3 and C stated in the declRration as "aggregate" is the total licit of the company's liability lity for all damages and all loss under coverages 3 and C combined arising out of physical injury to, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 June 30, 1967. destriction of loss of property, including the loss of uee of any property due to c injury or destruction under Coverage E. Under Coverage C, the limit of the company's liability for loss shall not exceed the actual cash value of the property, or if the loss is of a cart thereof the actual each value of such part, at time of lose, nor what it would then cost to repair or replace the property or such part thereof with other of like kind and quality. 5. Severability of Interests The term "the insured" is used severally and Coverages A and E not collectively, but the inclusion herein of more than one insured shall not operate to incree-e the limits of the company's liability. 6. rctice In the event of an occurrence or loss, written notice contain- ing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the tiro, place and circumstances thereof, and the r..^os and addresses of the inured and of available wit- nesses, shall be given by or for the insured to the company* or any of its authorised starts as soon as practicable. If claim is made or suit is brou:h.t a_ inst the insured, he shall immediately forward to the ecxpany every demand, notice, summons or other process received by his or his representative. 7. Assistance and Cooperation of the Insured The insured shall cooperate Coverages A and E with the company and, upon the ea_pany's rean_st, attend hearings and trials and assist in making settlements, securing and Wiring evidence, obtaining the attendance of wit- nesses and in the conduct of suits. The insured shall not, ex:ept at his on cost, :olu_:tarily make any pa; -eat, assume any obligation or incur any expense ether than for such 'mediate medical and surgical relief to others as shall be imperative at the time of accident. 8. Action Arai.st Comesny No action shall lie against the ce a unless, Coverages A and E as a condition precedent thereto, the insured shall have fug complied with all the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by jud cnt against the insured after actual `rial or by written agreement of the insured, the elair.:a^` ar^ "e company. Any person or organization or the legal representative thereof who has secured such judd..ent or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to loin the company as a party to any action against the insured to determine the insured's liability. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of it, obligations hereunder. Coverage C No action shall lie against the company unless, as a con- dition precedent thereto, there shall have been full compliance with all the terms on this policy nor until thirty days after proof of loss is filed and the ancunt of loss is determined as provided in this policy. 9. insured's Cities in Event of tors m the event of loss the insured Coverage C Page 1: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 June 30, 1967. (a) protect the pre7serty, ♦nether or nc: the Loss is covered by this policy, and any further lose due to the insured': failure to pro- tect shall not be recoverable under this policy; reasonable expenses incurred in affording such protection shall be deemed incurred at the oe-pany's request; (b) file with the company, as soon as practicable after loss, his sworn proof of loss in such form and including such information as the company may reasonably require and shall, upon the com- pen;•'s request, exiibit the damaged property. 10. Aoaraisal If the insured and the company fail to agree as to the Coverage C amount of loss, either may, within 60 days after the proof of loss is filed, demand an appraisal of the loss. In such event the insured and the company shall etch select 'a ee=.petent appraiser, and the appraisers shall select a'campetent and disintbrested umpire. The apprais- ers shall state separately the actual cash value and the amount of loss and failing to agree shall submit their ditferzacss to the umpire. An awz.rd in writing of any two shall determine the amount of loss. The insured and the company mall each pay his chosen appraiser and shall boa: equally the other expenses of the appraisal and umpire. The company shall net be held to have waived any of its rights by any act relating to appraisal. 11. Pa —=nt of Loss The cosnary may pay for the loss in money but there Coverage C shall be no abandonment of the damaged property to the company. 12. ro Penef_t to 3ailee Tho incurence afforded by thi: policy shell not Coverage C enure directly or indirectly to the benefit of any carrier or bailee, other than the named insured, liable for loss to the property. 13. Subrogation In the event of any payment under this policy, the com- pany shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice sech rights. 1L. Atalicetien of insurance The insurance afforded by this policy is prL a.7y insurance. 15. Three Tear Policy A policy retried of tree years is comprised of three coneecutiae annual periods. Computation and adjust art of earned premium shall be made at the end of each annual period. Aggregate limits of liability as stated in this policy shall apply separately to each annual period. • 16. Changes Notics to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in art part of this policy or estop the company from asserting any right under the terms of thin pe =er; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policyt si by (here insert titles of authorises a:apany officials or representatives); provided, however changes say be made in the written portion of the declaration by (hare insert titles Page 1;