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R-89-1216 - 1/12/1989RESOLUTION NO. //c/ WHEREAS, the City of Round Rock has duly advertised for bids to construct certain wastewater system improvements at Old Settlers Park at Palm Valley, and WHEREAS, Bay Maintenance has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Bay Maintenance and to authorize the above - described improvements, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Bay Maintenance is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Bay Maintenance to construct certain wastewater system improvements at Old Settlers Park at Palm Valley, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of January, 1989. ATTEST: 41 1441A14/2 AS of 1 J01- NE LAND, City Secretary C37RESBAYMA MIKE ROBINSON, Mayor City of Round Rock, Texas OLD SETTLERS PARK GRAVITY WASTEWATER 12 -19 -88 Bid Item Quantity Unit DescriEtion 7. 1 Each 4'Drop Manhole 8. 5 V.F. _Extra Depth . Manhole 9- 3754 L.F. Trench Safety 10. 1 L.S. Erosion Control 11. 12. 1. 2011 L.F. 6" PVC 0'8' 2 888 L.F. 6" PVC 8' -10' 3. 473 L.F. 6" PVC 10' -12' 4. 172 L.F. 6" PVC 12' -14' 5. 310 L.F. 4" PVC 0' -8' 6. 8 Each 4'Standard Manhole 1 Each 6" C1eanouc 1 Each 4" Cleanou:. TOTALS 8.00 16,088. 9.00 7,992. 10.00 4,730. 12.00 2,064. 5.00 1,550. 8'20.00 6,400. 900.00 900. 60.00 300. 100.00 .50 x,877. 500.00 75.00 500. 100. 200.00 75. 18.00 10.00 1000.00 1200.00 0 • o W N • 00 00 0 C m 0 x U 12.00 24,132. 15.00 13,320. 8,514. 20.00 3,440. 3,100. 8,000. 1,200. 100.03 500. 1.00 3,754. 200. 150.00 150. 42,576. 66,310. 15.00 16.50 19.00 30,165. 14,652. 8,987. 23.00 3,956. 14.00 1000.00 1400.00 100.00 1000.00 • L U O P 0 . 0, O a. 0 ,, a . , N N 0 0 0. •.+ ¢ w 0 4,340. 8,000. 1,400. 500 1.00 3,754, 1,000. 300.00 300 • G -, > H U L 17.00 34,187. 18.00 15,984. 20.00 9,460. 22.00 3,784. 15.50 4,805. 1050.00 8,400. 1300.00 1 ,300. 100.00 500. .50 1,877. 500.00 500. 250.00 250 280.00 2'80. 1 225.00 225. 77,334. 81,272, 14.50 29,159. 16.50 14,652. 18.50 8,750. 24.00 11,352. 20.50 3,526. 28.00 4,816. 13.50 4,185. 14.00 4,340. T 1400.00 11,200. 800.00 6,400. 1800.00 1,800. 900.00 900. 125.00 2.50 9,385. 250.00 250 450.00 0 7 .n 0 • 00 u •.■ d F 0 17.00 34,187. 20.00 17.760. 625. 80.00 400. 1.00 3 754, 650.00 650. 4 50 . ' r (00.00 100. 450.00 450. 100.00 100. 84,433. 84,759. DATE: January 10, 1989 SUBJECT: Council Agenda, January 12, 1989 ITEM: 8C. Consider a resolution authorizing the Mayor to enter into a contract with Bay Maintenance Company for the Wastewater System Improvements in Old Settler's Park at Palm Valley. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: Six bids were received and opened on December 19, 1988. The low bid was received from Bay Maintenance Co., Inc. in the amount of $42,576.00. Bay Maintenance's references have been checked. In addition Bay Maintenance Co. has satisfactorily contracted with the City on previous Public Works projects. Staff recommends approval. ECONOMIC IMPACT: The gravity wastewater lines is within budget estimates. CITY OF ROUND ROCK PUBLIC. WORKS PROJ ECT SPECIFICATIONS AND CONTRACT DOCUMENTS C•ty PALM VALLEY PARK GRAVITY WASTEWATER IMPROVEMENTS TEXAS LOCAL PARK FUND STATE PROJECT 4`20 -00264 CITY OF ROUND ROCK PUBLIC. WORKS PROJ ECT PALM VALLEY PARK GRAVITY WASTEWATER IMPROVEMENTS TEXAS LOCAL PARK FUND STATE PROJECT 4' 20 -00264 SPECIFICATIONS AND CONTRACT DOCUMENTS PALM VALLEY PARK GRAVITY WASTEWATER IMPROVEMENTS Table of Contents Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD-1 3.0 Post Bid Documents PBD-1 4.0 General Conditions G C -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS-1 Pub. Dates: 12- 5 -88 12- 8 -88 12 -12 -88 12 -15 -88 NOTICE TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled Palm Valley Park Gravity Wastewater Improvements(project involves construction of approximately 3700 linear feet of 6" and 4" gravity wastewater lines) will be received until 10:00 A.M. Monday December 19, 1988 then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security, payable to the City of Round Rock Texas, equal to five percent (5%) of the total bid amount. Plans, Proposal Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 300 South Blair, in Round Rock, Texas beginning December 7, 1988 for a nonrefundable charge of ten dollars ($10.00) per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive informalitites and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. JOANNE LAND City Secretary City of Round Rock 1.0 NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a cashier's check upon a National or State bank in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the top three (3) successful bidders which the City of Round Rock will hold until the successful bidder has executed the contract. Thereafter, the security of the successful bidder will be returned. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. BD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) p r i c e s submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within thirty (30) days after opening of the proposals, and no bidder may withdraw his proposal within said thirty (30) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a satisfactory performance bond in the amount of one - hundred percent (100 %) of the total contract price and a satisfactory payment bond in such amount, both duly executed by such bidder as principal and by a corporate surety duly authorized to so act under the laws of the State of Texas and Surety. 12. If the total project amount is less than $25,000.00, the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the surety bond as required, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and /or material furnished. BD -2 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling 495 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling 495 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. BD -3 KNOW ALL MEN BY THESE PRESENTS, THAT WE and firmly bound unto the BID BOND , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5%) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIG=1TION ARE has submitted the above mentioned bid the work under the "SPECIFICITIONS FOR opened at the office of the OWNER on , as PRINCIPAL and , as SURETY, and held SUCH, THAT whereas, said PRINCIPAL to the OWNER, for construction for CONSTRUCTION OF , for which bids are to be , 19 . NOW, THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a resonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 . Principal By: (Seal) BD-4 Surety By: (Seal) PROPOSAL BIDDING SHEET JOB NAME: Palm Valley Park Gravity Wastewater Improvements JOB LOCATrON: Round Rock, Wfliamson County, Texas OWNER: City of Round Rock, Texas DATE: November, 1988 Gentlemen: Pursuant to the foregoing Notice to contractors and instructions to Bidders, the undersigned bider hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tonic, marPrials, insurance and mscellaneous items, to complete all the work on which he bid15 as provided by the attached supplemental specifications, and as shown on the plans for the construction of PALM VALLEY PARE GRAVITY WASTEWATER IMPROVEMENTS and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following pn-ces, to wit:: BASE BID Item Description Unit Item Quantity Unit and Written Unit Price Price 1. 2,011 L.F. Wastewaters Main, 0-8' depth, complete in place, per Linear Foot for 1G-■ T - - 2. 888 L.F. Wastewater Main, 8-10' depth, complete in place, per Linear Foot for pvi,✓E Dollars and ,Vo Cents $ 1 $ /G o9 2- and nv BD - 5 Dollars Cents Amount r Item Description Unit Bid Price Amount Item (1_._ Unit and Written Unit Price 3 . 473 L.F. 6" PVC, SDR -35, 10-12 Wastewater Main, depth, complete in place, II per Linear Foot for TX'a Dollars /O ° $ </�3 and ow) Cents $ 1 4. 172 L.F. 6" PVC, SDR -35, Gravity Wastewater Main, 12 -14' II depth, complete in place, per Linear Foot for rwAcd" and � II 1 Ce $ 1 $ 2OGy- 1 I 5. 310 L.F. 4" PVC, SDR -35, Gravity Wastewater Main, 0-8' depth, complete in place per Linear Foot ' _ for Five 11 and r,o Cents $ s $ /ssa Cents 6. 8 Ea. 4' Diameter Standard 1 I Wastewater Manhole, in- ceding adjustment to finisned grade and eye - outs where applicable, ' t i' complete in place, per Each I FS ,gf5 Eimer Afi om for f/vrOQfO �j � -r ypp Dollars ,S4 O a ° 1 [ aria e- Cents $° $ _ 1 t. 1 E 4' Diameter Wastewater 7 ' Drop Manhole, including 1{ _ adjustment to finished I- grade, complete in place, per Each A ...../,...x e• I l i s r �yv rc�e 1,00114 9 ` Dollars $ - and ..i. Cents $ 1 ( BD -6 1t - y 1 1 1 1 I t 1 1 4 Bid Item Description Item Quantity Unit and Written Unit Pace 8. 5 V.F. Extra Depth Manhole over 8-foot depth, complete in place, per Vertical. Foot. for S/x rY 11. 1 Dollars and nao Cents 9. 3,754 L.F. Safety Systems for Excavations and Trenches (all depths exceeding 5 feet), in accordance with the specifications, complete in place, per Linear Foot for NO Dollars and "ip%Y Cents $ D. So $ /$'77 °- 10. 1 L.S. Erosion control measures and restoration, not including revegetati on, complete in place, per Lump Sum Fit/E fJFS f .ARIL- ria,v. eF.0 00 Dollars sO � 519° and ivo Cents $ -.49z7"" $ Ea 5" Wastewater Cleanout, including adjustment to finished grade, complete in place per Each for ONE �cr.✓' Unit Price Amount $ O- $ 3O? °= Dollars and na Cents $ /Po $ /,)o - 12. 1 Ea. 4" Wastewater Cleanout, including adjustment to finished grade, complete in place, per Each for SE ✓E, .: Y F, ✓E Dollars and No Cents $ 7 $ �s - TOTAL BASE BID (items 1 through 12) $f�� BD -7 »5 yaiS 7'6 °."— If this proposal is accepted, the undersigned agrees to execute the contract and provide necea;ary bonds and insurance certification as per the Instructions to Bif1liPr and commence work within five (5) days after written notice to proceed. The undersigned further agree to complete the work in full within 60 calendar days after the date of the written notice to proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Respectfully submitted, Title for: (/IeC ,0 84/ /,✓t Name of firm BD - 8 pe2, 450A 99.59 //otsg:, B/f1 , PefG.Sy' Address Telephone Secretary, if Contractor is a Corporation 3.0 POST BID DOCUMENTS T-32. SPATE OF TEXAS CGJ;zTY OE 'WILLIAMSON ) That is Agreement made and entered into this 04/ day of ad A.D., 19 , by and between the CITY OP ROUND ROCK, TEXAS, its Ma or, First Part hereinafter termed the Owner, and RR�', iN7 )/4- fe6 66',:).5t/c. of the City 06 � GRSESf/c ,BAS/ , ounty of [L4AX) , State of � j}{ , Second Party, hereinafter termed the Contractor. AGREEMENT KNOW ALL MIEN BY 'THESE PRESENTS WITHNESSEPH: That for an in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the . First Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated / (/or}, /? S (' i, 5i'C e) for certain improvements described as follows: /IX The Contractor shall perform all work shown on the Plans a. described in the Specifications and shall net all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsquently be entered by the above name] parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 5 consecutive calendar days after the date of the Notice to Proceed given to the Contractor and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within 60 calendar lays after the date of the written Notice to Proceed. Titre is of the essence to this contract. The Omer agrees to pay the Contractor in current funds, and to cooks payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, s.,hject to additions and deductions, all as provided in the General Conditions of the Agreement. The followirlg'documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated full: The Notice to Bidders The Instructions to Bidders The Proposal and Bidding Sheets The Performance and Payment Bonds The Certificate of Insurance The General Conditions of Agreement PBD-1 The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Plans The Basis of Mteasure'rient and Payment AGREEMENT- continued IN WITNESS WHEREOF the Parties to these presents have executed. this Agreement in the year and day first above written. ATTEST: By: PBD CITY OF ROUND ROCK, TEXAS, OWNER Mayor Contractor II' � 1 PERFORMANCE BONA THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON f I THAT, may Maintenance Company, Inc.. • of the City Of Marble Falls, Texas , County of Llano , and State of Texas as principal, and I authorized under t e aws of t e tate of exas to act as surety on on s or principals, are held and firmly bound unto the City of Round Rock, Texas, here- inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum F II the payment whereof, the Principal and noilocDollars ($ d thei heirs, administrators, executors, successors and assigns jointly and severally, by these presents: I WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as ' if copies at length herein consisting of: Palm Valley Park Gravity wastewater Improvements 1 NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Princ:pal shall faithfully perform said contract and shall, in all respects, duly and fait,- I fully observe and perform all and singular the convenants, conditions and agreer, -t in and by said Contract, agreed and convenanted by the Principal to be observed a -; performed, including but not limited to, the repair of any and all defects in sai_' ' work occasioned by and resulting from defects in materials furnished by or works- -_ 1 ship of, the,Principal in performing the work covered by said Contract and occurr`,g within a period of twelve (12) months from the date of the Contract Completion ' Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, th=.,-i remain in full force and effect. I 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 "Article bond shall be determined otthesameextentas accordance if it wereopiesw with the atlengthrherein. of said Surety, fcr value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby li •give notice of any such change, extension of time, alteration or addition tc he terms cf the contract, or to the work to he performed thereunder. 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 PERFORMANCE RMANCE BONO (CONTINUED) IN (WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 Bay Main„j,ance Company, rind• Title Address P. 0. Box 8859 Horseshoe Bay Marble Falls, Texas 78654 The name and address of the Resident Agent of,Surety is: Davis - Dyer -Max, Inc. P. 0. Box 461867; Garland, Texas 75046 Fidelity and De osit Company urety Susan Ashwander Title Attorney -in -Fact Address - 409 E. Centerville'Rd. Garland,'1exas 75041 1 PAYMENT BOND THE STATE OF TEXAS j KNOW ALL MEN BY THESE PRESENTS 1 1 il COUNTY OF WILLIAMSON 4 THAT, Bay Mai coin an Inc. ii County of of the City of sl arble Falls, Texas l and State o _ as principal, and,. Fy•delity n t)enosir. om nv Texas L authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of Thousand Five Hundred Sevent Six & no /ldlollars ($ 42,576.00 ) ' or the pcyment w ereo the said •rincipa an • Surety bond themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of - , 19 , to which contract.is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin- ' cipal shall pay all claimants supplying labor and material to him or a subcon- tractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; ' PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities ' on this bond shall be determined in accordance with the provisions of and said Artic;e,to the same extent as if it were copied at length herein. 'ti Surety, for value received, stipulates and agrees that no change, extension of me, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications or drawings accompanying the sinve shall ny change extension affect , nnofntime, alterationior does addition waive terms of the contract, or to the work to be performed thereunder. I N WITNESS WHEREOF, the said Principal and Surety have signed and sealed his Instrum this day of I T a Co ,a I 1 idel 19 y 'and' Deposit •Company inc�pa urety Alle‘l, ir /1111111r ' 13: "'dress �Q Box 8859 x� s, Susan Ashwander Attorne y -in-Fact 409 E. Centerville "Md. Marble Falls Texas _ _ Garland . II name +r c• L'f the Resident Agent of Surety is : 1 1 1 1 1 IlkACOMIL PRODUCER INSURED Davis- Dyer -Max, Inc. P.O. Box 461867 Garland, Texas 75046 COBS SUB -CODE Bay Maintenance Company, Inc. Horseshoe By Box = +:59 Marble Falls, Texas 78654 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' POIJCY EXPIRATION' LTR DATE (MM/DD/YY) I DATE (MM /DONV) GENERAL LIABILITY _ X ! COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR.' GLR9096 p[���,� p� / n OWNER'S d CONTRACTOR'S PROT: G ! 6/15/88 4/11 x includes Contractile] '. X' includes red. Contractors AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS BAP158837 ' 6/15/88 4/11/89 (Per person) HIRED AUTOS - BODILY '..... .I INJURY , $ NON-OWNED AUTOS - (Per accident) i GARAGE LIABILITY - ; PROPERTY DAMAGE $ EXCESS LIABILITY OTHER OTHER THAN UMBRELLA FORM WORAER'S COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS/ LOCATIONSNEHICLES /RESTRICTIONSISPECIAL ITEMS City of Round Rock 221 East Main Street Round Rock, Texas 78664 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 LETTER COMPANY LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE The Home Insurance Company Palm Valley Park Gravity Wastewater Improvements ISSUE DATE (MM/OD/YY) 1/19/89 AUTHORIZED REPRESENTATIVE ALL LIMITS IN THOUSANDS GENERAL AGGREGATE $ 2,000 PRODUCTS.COMP/OPS AGGREGATE $ 1 PERSONAL & ADVERTISING INJURY $ 1.000 EACH OCCURRENCE FIRE DAMAGE Any one fire) $ 50 MEDICAL EXPENSE (Any one person) $ 5 COMBINED SINGLE $ 1 ,000 LIMIT EACH OCCURRENCE; :.. STATUTORY (EACH ACCIDENT) (DISEASE— POLICY LIMIT) (DISEASE —EACH EMPLOYEE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL W!` TO MAIL tenDAYS 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. aal l aIN/ , .cnua . ...... .- _ w A - The Home indemnity Company CODE . - SUB -CODE COMPANY B N SURED The City of Round Rock „ 221 East Main Street _ Round Rock, Texas 78664 . LETTER COMPANY C r. LTER ET COMPANY D LETTER COMPANY E LETTER BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. MAY HAVE BEEN REDUCED BY PAID CLAIMS ION 1 POLICY EFFECTIVE UP EXPIRATION L LIMBS IN THOUSANDS THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONOITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN CO POLICY NUMBER TYPE OF INSURANCE I DATE (IMATDON) 1 DATE DATE DOODDIYY) I . I LIABILITY GENETAAL AGGREGATE ` S 1 .000 GENERAL IX1MMEiCIAL GENERAL LIABILITY • PRODUCTSCOMPoOPS AGGREGATE $ I 1 .;;;, 1 CLAIMS MADE I OCCUR- j PERSONAL B ADVERTINNG IMNIRY 1 5 OWNER'S 8 CONTRACTOR'S PROT-i OPR9I84523 ! 1013/88 i 10/3/89 ' EACH OCCURRENCE I1 1 000 A .:_al - I FIRE DAMAGE (An, one Ills) 1 5 I MEDICAL EXPENSE (An' prom PenoS l 5 -_ 1 AUTOMOBILE LIABILITY : COMBINED SINGLE :5 " ANY AUTO LIMB . -. • ": { .. !E - _ IALLOWNEDAUTOS !BODILY ;INJURY 7 $ SCHEDULED AUTOS ! (Pee PB1son) I ; i HIRED AUTOS - BODILY INJURY 5 ; 1 NON-OWNED AUTOS ( (Pet eminent) ' - 'I GARAGE LIABILITY - i PROPERTY ; 5 t DAMAGE EACH - AGGREGATE I EXCESS IJABILITT OCCURRENCE s i ' I OTHER THAN UMBRELLA FORM - - WORKER'S COMPENSATION - s OWN ACCIDENT) AND S NMEASE-POUCY LIMIT) s EMPLOYERS' LIABILITY S TOiASE -EACH EMPLOYEE ' i OTTER _ ONSPECIAL ITEMS RIPTION OF OPERATNSILOCATIONB /VEHICLES/RESTNICR OS DESCRIPTION II ' - B FIat 8 Drainage Improvements, Round Rock, Texas Palm Valley Park Gravity Wastewater Improvements !.'ER7IFICA7E NOLDER _�,... � :�.. ES _ .,.. µ �r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Designated Contractor: EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO Ray Maintenance company, Inc., and all I -- MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' "ubcontractors, If Any 4 ' LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Horseshoe Bay, Box 8859 1' LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. Marble Fails, Texas 78654 AUTHORIZED REPRESfAAI i - - - ACORD 25-5 (3 /8B) - ©ACORO CORPORATION 7888 1 Aecif mk. CERTIFICATE OF INSURANCE ISSUE DATEIMM,DD,YY 2/1/89 PRODVCEP. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS i l l NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. D a v 1 s- Dyer -Max, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES EELOW P.O. Box 461867 • COMPANIES AFFORDING COVERAGE ' Type d Inaaarce MO/D E `I/vnl _ • • 1 ':'"'"M'' inCCeba me pdiry mfwm u gape perm fie Workers Cprroensolon laws of ell slates (*cep ewes ties oda. a con he prwfded an* by State Fords, and Gonadal and asg mla n the e polay and ed"se"°b tor Pert T (Ee""ara`°wl"` , * 1619 -00- 096469 11 -1 -88 11 -1 -89 *Akers I'" Weary Lines In Tleasarde IMO Omitted) Ccrrarelenaive General I Uel;fity -Fe L$ ecial.sie ri T00on k(Sectioaaiyl Coma.*- All %%Ken Coneacls ( I Redacts- Cardleesi Operations 1 I l head.) bridled I Loaded ) Eraded - Borer lrivy omrrene - •ugma to s Damage - Eadm Pmperry am .O,Ieree -Appapale S 1 cwegla Lime - Ea.Ommerme - Ageepme S $ Owners: lardlords nd a Tenants liebib' $odlh'h#ay -FaM Coalmen. Properly Damage -Each Ocamarce - Aggrepaae S . CMre`a•si Contractors Protective Nassau S Earn Occunenon 1 Auto Nation I 1 AS Owned ANDS 1 1 I SDeahed Au= On()' ( ) !hied hums 1 1 roamed Aeons 0 . de Led Eon Modem 6od1101) Person £ Each Alden: S Roomy Damage Each AO°�"'' 1 unOretiz L I Eaamanon IS Aggedle Pro.=- Comet. Ocerahrn S Ryaaon - 1 1 1 1 1 1 1 1 11 L Special Rovisions/LOCattons /Speclfled Autos: Wausau Insurance Companies $ a ,A, 1: This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued _ certificate is not a policy or a binder of Insurance and does not in any way alter, amend or extend the coverage afforded by any policy ` so :ed to herein. Fame and Mailing Address of Insured Bay Maintenance Company, Inc. Horseshoe Bay, Box 8859 Marble Palls, TX 78654 Davis- Dyer -Max. Inc. P. 0. Box 461867 Garland, TX 75046 J JOB: Palm Valley Park Waetewater Improvements The City of Round Rock 221 East Main Street Round Rock, TX 78664 288 13115.5730 Producer No.: Office: Data Region: 0907 Dallas 2 -7 -89 DAL Texas *Special Provisions $500,000 each accident $500,000 disease - each employee $500,000 disease - policy limit NOtwitstancang are nwaeernent tern or cordihm CO arty contract or carer oedeneni win reseed) Io which has certificate may be amts a may permin Ire em eance afforded w ire pa4 Ioaiaess desdroec_ mote m seised to all of Ins Mona exclusions a. camnmre a such policy Ieoiicesf damp Ins *rani eared • Tne entry a a menthe m IMe coumn neaarm Inal Ire coverage a allotted by ire comer. Oengnalotl M Ire same rummy. • issuing Company No. 2 EMPLOYERS INSURANCE OE WAUSAU A Mutual Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY T. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 1. WAUSAU LLOYDS Sip ped V J' . i( �Y 1�iRt Aul ea neosesema0 5 MAINTENANCE BOND BO ND NUMBER 30236726 AMOUNT 42.576.00 KNOW ALL MEN BY THESE PRESENTS, That we, Bay Maintenance Company, Inc. as Prin ( hereinafter Called the "Principal") CSpe], and the Fidelit y and Deposit Company , a cosmetic() duly organized under the Jaws of the State of Maryland and to transact business in the State of Texas Y licensed dul "Surety"), as Sanity, are held' and J caked the THE CITY OF ROUND ROCK, TEXAS ( ham called the "Obligee "), in the rim of Fort Two Thousand Five Hundred Sevent Six & no 100 d0BAMS ($ 42 576.00 W _ and the ),for the payment • sf, we, the said Prin sum w e i a our y to be made, administrators; successors' and said ns, jaintly and Surety, hind ourselves, our firm, executers, these pr administrators, jo severally, firmly by Sealed with our seals and dated this day of nineteen hundred and ,A.D. WHEREAS, the said Principal has heretofore entered into a contract with the City of Round Rock detect , 19 , for construction of Palm Valley Park Gravity Wastewater Improvements W H t ern. said txi Principal is to tee the construction of street w�km said contract, against defects in materials o: date m aw, which may develop during the period of cm„ year(S) from the acceptance of the pro above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, an d shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work whir_h may �� by owner year(S) from the date of acceptance of the project above THE CITY OF ROUND ROCK, TEXAS or shall pay over, make good and reimburse to the said Obligee all ]css and damage which Obligee may sustain Principal so to do, then this th reason of and d r default of said remain in full force and effect_ shall be null and void; otherwise shall P8D -8 • Fidelity and Deposit Com an Surety —Y y Susan Ashwander, Attorney -in -Fact FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice - President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, co.: 'cute and a t Jack W. Davis, Perry Max, Raymon R. Dyer, Melba Butcher, Susan Ashw, i- and Marangi, all of Garland, Texas, EACH the true and lawful agent and Attorney -in -Fact of each, to execute, §�,. ?; . deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds a t�Kderta t,' ...EXCEPT bonds on behalf of Independent Executors, Community Sue unity Guardians.. execution o such bonds or undertakings ' .i nce of resents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as had bee executed and acknowledged by the regularly elected officers of the respective Companies at their oiu Baltimd., in their own proper persons. This power of attorney revok is4Pon behalf of Jack W. Davis, etal, dated, April 6, 1988. IN WITNESS WHEREOF, the said Vi a . nts an ..:r?:i;: ° . t Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDE as D DEP SI T CFS MPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this 10th . - itay of May A.D. 19_8B 168 -2874 ATTEST: e Assist Secretary d o f 19 . ITY AND DEPOSIT COMP OF YLAND B FIDELITY AND (f. ?e Q- tacttd By Assistant Secretary STATE OF MARYLAND CITY OF BALTIMORE ` SS: On this 10 day of May , A.D. 19 88 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice- Presidents and Assistant Secretaries of the FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officere described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and with, that they are the said officre of the Companies aforesaid, and that the seals affixed to the preceding insuwnent are the Corporate Seals of said Companies, and that the said Corporate Seals and thew signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my 04 5ity of Baltimore lay and year first above written. My commission expires July 1. 1990 CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - Presidents who executed the said Power of Attorney were Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: 'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this Vice- Presi, ent Public Assistant Secretary EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Comnunittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." L1419b(TX)-Ctt. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.0 GENERAL CONDITIONS 1 1 Contents 1. Definition oI Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Sub - Contractor 1.04 Sub Subcontractor 1.05 Written Notice 1.06 Work 1.07 Extra Work 1.08 Working Day 1.09 Calendar Day 1.10 Substantially Completed 2 Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 2.04 Initial Determinations 2.05 Objections 2.06 Lines and Grades 2.07 Contractor's Duty and Superintendence 2.08 Contractor's Understanding 2.09 Character of Workmen 2.10 Contractor's Buildings 2.11 Sanitation 2.12 Shop Drawings 2.13 Preliminary Approval . 2.14 Defects and Their Remedies 2.15 Changes and Alterations 2.16 Inspectors 3. General Obligations and Responsibllllies 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design 3.04 Right of Entry 3.05 Collateral Contracts 3.06 Discrepancies and Omissions 3.07 Equipment, Materials and Construction Plant 3.08 Damages 3.09 Protection Against Accident to Employees and the Public 3.10 Performance and Payment Bonds 3.11 Losses from Natural Causes 3.12 Protection of Adjoining. Property General Conditions of Agreement GC -1 3.13 Protection Against Claims of Sub - Contractors, etc. 3.14 Protection Against Royalties or Patented Invention 3.15 Laws and Ordinances 3.16 Assignment and Subletting 3.17 Indemnification 3.18 Insurance 3.19 Final Clean-Up 3.20 Guarantee Against Defective Work 4. Prosecution and Progress 4.01 Time and Order of Completion 4.02 Extension of Time 4.03 Hindrances and Delays 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities 5.03 Price of Work 5.04 Partial Payments 5.05 Use of Completed Portions 5.06 Final Completion and Acceptance 5.07 Final Payment 5.08 Payments Withheld 5.09 Delayed Payments 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contracts 9.03 Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities GC-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 General Conditions of Agreement 1. Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and mascu- line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi- neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu- ments shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Sub - contractor The term Sub - Contractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor The term Sub.Subcontractor means one who has a direct or indirect contract with a subcontractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.05 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.06 Work The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin- tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of GC-3 • materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal. except as provided under "Changes and Alterations," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month. no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or oc- cupancy or the facility is in condition to sarve its intended purpose, but still may require minor miscel- laneous work and adjustment. 2. Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc- tions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents: provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac- tor. any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review Contractor's applications for payment and supporting data. determine the amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional GC-4 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 I T ; _�, 1 1 1 1 1 1 1 1 1 1 I 1 1 judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to Contractor shall not be deemed as a repre- sentation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci- sion had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac- cordance with the meaning and intent of this contract, either party may file with the Engineer within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. Alt stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instruc- tions being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall' be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop draw- -- GC-5 ings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being per- formed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the com- pleted construction work will conform thereto. and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workmen The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Cw tractor at this project. 2.10 Contractor's Buildings The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, - and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob- servation. shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set- ting drawings and schedules' required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor- rections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsi- bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings GC-6 a... r -, ->s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 or schedules to result in finished improvements in conformity with the plans and specifications. and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the . propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela- tion to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in hill accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract. including without limitations. the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and /or specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications. or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions. plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. except as provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara- tion for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of GC -7 observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contrator their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu- tion of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi- neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con- tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means. methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or estop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep- table work and the re -doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the Contractor shall keep one copy of the same con- stantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request. at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is there- fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof. and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor. except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility GCB 1 1 1 1 1 1 1 1 f'. i 1 1 l 1 1 1 1 1 1 _ 1 1 1 1 1 1 1 1 companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Docu- ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por- tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate- rials, supplies. machinery. equipment, tools, apparatus, accessories, facilities, all means of construction. and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work. until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect. omis- sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders. bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (1001 percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supply- ing labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds in the State of Texas. Unless otherwise specified. the cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal. GC -9 3.12 Losses from Natural Causes • Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.11 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construc- tion; and. he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection against Claims of Sub - contractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis- sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do sot then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate • any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device. material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy- right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by the Owner is an infringement, the Contractor shall be responsible for such Toss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordi- nances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces- sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor GC -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1- 1 1 performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with- out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this con- tract, shall not relieve the Contractor from his full obligations to the Owner, as provided -by this Agree- ment. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec- tive officers, agents and employees, from and against all damages, claims, losses, demands, suits, judg- ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employers and any Sub-Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor or Sub - Subcontractor including the loss of use resulting therefrom; and, (2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Sub-Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys. Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli- gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry inurance as follows for the duration of this contract. A. Statutory Workmen's Compensation B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of 5300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -11 C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require sub- contractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all re- quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac- tor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance 'to be cancelled nor permit any insurance to lapse. All in- surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10). days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca- tion and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be dis- covered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty•day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. - 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before ac- ceptance will be made by the Owner. The testing laboratory will be designated by the Owner. AU materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis- cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer- tificate stating that the material meets the requirements specified for this project. GC•12 w..r.i.n 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ) 1 1 1 1 1 1 lj 1 1 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con - -tractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of com- pletion designated in the Proposal; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit., at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid- able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com- pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however. that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of tine on "Calendar Day" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as is the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and /or com- puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe- cifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approxi- mate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. GC -13 :Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided. however, that in case the actual quan• tity of any major item should become as much as 20% more than, or 20% less than the estimated or con• templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) per cent of the total contract cost. computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material em- braced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all Material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The state- ment shall also include the value of all sound materials delivered on the job site and to be included in the work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 2Pthday of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may —upon written recommendation of the Engineer — pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at ' the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the condi- tions stated under "Final Payment." 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed por• tions of the work. notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when; in the Contractor's opinion, the contract is "substan• tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial comple- tion" of the structure or facility shall not excuse the Contractor from performing all of the work under- taken, whether of a minor or major nature, and thereby completing the structure or facility in actor• dance with the Contract Documents. GC-14 Arr. r..75 1 1 1 1 1 1 1 1 f 1 1 1 1 1 1 1 1 -i 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contract Documents, the Engi- neer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner within ten (10) days to issue a Certificate of Acceptance of the work to the Con- tractor or to advise the Contractor in writing of the reason for non- acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure- ments and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill- ment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied or other obligations hereunder not done. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c( Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state- ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments'. and 'final payments,' until fully paid, which shall fully liquidate any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform here- under. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. R.+ 7775 GC -15 In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in- crease in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, .rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus !actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta- tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses. also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, end, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made avail- able to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used: otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incor- porated in the Written Extra Work Order. The fifteen (15 %) per cent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained pri- GC -16 1 1 1 1 1 1 1 1 1 1 1_ 1 1 1 1 1 1 1 r� 1 1 1 1 1 marily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro• vided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (301 days after the Engineer has given any directions. order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (101 days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ- ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of GC-17 the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Con- tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and /or his Surety shall pay the amount of such excess to the Owner. or - (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound there- for. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and /or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so noti- fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con - tractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which wouldhave been the cost to the Owner had the work been completed by the Contractor under the terms of this contract; or when the Contractor and /or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and /or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and /or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work. notice thereof, together with an itemized list of such equipment and materials. shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract. provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice. such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the G - 1 1 1 1 1 1 1 1 1 1 1 -1 1 1 JJ 1 1 1 1 1 1 1 1 1 1 Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies. which remain on the work, and belong to persons other than the Contractor or his Surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract. and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep- tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub- contractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in. the Contract Documents or in the Instructions to Bidders or, if none is so desig- nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub- mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. GC -19 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate" written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac- tors and Sub•subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; • (2) require that such work be performed in accordance with the requirements of the Contract Docu- ments; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent com- pleted, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, "The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coor- dinate his work with theirs. GC -20 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 .. 1 1 1 1 1 1 1 1 1 1 1 1 1 If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project. the Contractor shall. upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to com- plete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of end shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein, whether in storage or or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub- Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks. pave- ments, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shalt erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. Re.. r., .r5 GC -21 All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the amount of 5300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explo- sives. If Blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap- proval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required . by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38- 11.201, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully re- sponsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contrac- tor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them. or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig- nated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work ' area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC-22 w . 7.1.75 1 1 1 1 1 1 1 1 1 1. 1 1 1 .1 SECTION 01- INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES 01 -05 LOCATION All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withold permanently fron the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per calendar day. The location of work shall be as mentioned in the Notice to ontractors and as indicated on Plans. 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excesive waste is occurring during construction. 1 01 -07 PAY ESr'IMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of The General Conditions, then the pay estimate will not be processed and will be returned to the Contractor. 1 SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UrIL1TIEs Prior to camnencing construction, it shall be the ' Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain ' utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILTS" DRAWINGS The Contractor shall mark all changes and revisions on all of ' his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall ' submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labled as "As- Builts ", that shows all changes and ' revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall became the property of the Owner. Each appurtenance ' shall be located by at least two (2) horizontal distances measured from existing, easilty identifiable, immovable appurtenances such as fire hydrants or valves. Property pins ' can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for developing as -built drawings shall be subsidiary to other bid items. 02 -03 LANDS FOR WORK ' Owner provides, as indicated on Drawings, land upon which work is to be done., rights - of-way for access to same and such other lands which are designated for use of Contractor. 1 Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 1 SC- 2 1 02 -04 UTILITY SERVICES The Constractor utility services will be made for FOR ccusrRucrION will be responsible for providing his own during construction. No additional payment this item. 02-05 GUARANTEES Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship or materials for a period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine if existing improvements are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no SC -3 claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -09 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -10 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the limits of work shall be left up to the interpretation of the Engineer. 02 -11 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -12 CONSTRUCTION STAKING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. Protection of Stakes, Marks, Etc. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be re- staked by the Contractor at the contractor's sole expense without additional compensation by the Owner. The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, written certification that ALL property pins are in place prior to his moving off the job site. Such certification will be expected of each Contractor involved with the project. SC-4 SECTION 03- INSURANCE 03 -01 Insurance policies must be obtained by the Contractor or separate endorsement obtained by his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public properties, etc. The principal types of insurance which will be necessary are: Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this contract and until all work under said Contract has been completed and accepted by the Owner, a comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 3.17 in the General Conditions entitled "Indemnification ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $300,000 each person $300,000 each accident Property Damage $100,000 each accident $100,000 aggregate A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims or property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. Autanobile and Truck Public Liability and Property Damage to protect the same individuals as indicated above, and in the same amount of liability. Worker's Compensation and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. SC -5 Owner's Protective as required by the General Conditions of the Agreement. SECTION 04-TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e. Fire Dept., E.M.S., Public Works, etc.,). At the end of each day two lanes of traffic shall be opened to the public. The contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary and no additional compensation shall be given for complying with this Special Condition. SECTION 05- MAINTENCANCE BOND Per City of Round Rock Ordinance, a two (2) year Maintenance Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. A one (1) year Maintenance Bond will be required for all other improvements. SC -6 6.0 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF FORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connetion with the installation of sewage collection facilities complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The it number designation shown in parenthesis adjacent to captions is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock, Texas. ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. T - 1 Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 BACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in the area adjacent to the construction area associated with this contract as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the. Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor alignment and reference hubs for utility excavation at an agreed interval and offset, together with cut sheets showing the difference in elevation from top of the stakes to the flow line of the utilities at centerline. T - 2 This construction staking will be provided one (1) time at the sole expense of the Owner. All re- staking will be provided by the Contractor and paid for by the Contractor at his sole expense without additional compensation by the Owner. PROTECTION OF STAKES, MARKS, ETC. All engineering and corners, etc., shall Contractor, and in case course of this project, etc., shall be replaced sole expense. T - 3 surveyor's stakes, marks, property be carefully preserved by the of destruction or removal during the such stakes, marks, property corners, by the Contractor at the Contractor's The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, a certification that ALL property pins are in place prior to his moving off the job site. Such certification will be expeted of each Contractor involved with the project. The Contractor's final pay estimate will not be released to the Owner for payment until all property corners in the Project have been verified in place to the Engineer's satisfaction. 3.04 CUT SHEETS - OTHER THAN THE CITY OF AUSTIN The Engineer shall furnish two (2) copies of cut sheets to the Contractor. The Contractor shall be responsible for acquiring cut sheets at the office of the Engineer. TTEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right - of-way but only with approval of the Engineer. 4.03 BARRICADES Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. rrEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in T — 4 the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. ITEM 6 WAsrEWATER coif. criGN sysrEM 6.01 MATERIALS (Item 510) Wastewater mains shall be P.V.C. SDR 35 (ASTM D 3034) for gravity lines and P.V.C. SDR 26 (ASTM D 2241)for pressure lines. Ductile iron pipe and ductile iron fittings when called for will be Class 50 (AWWA C 100) unless shown otherwise. 6.02 TESTING (Item 510) All gravity wastewater lines and manholes shall be tested under the supervision and direction of the Engineer. The Contractor shall perform all tests and furnish all equipment and materials at his sole expense. No separate pay will be provided for testing lines and manholes constructed under this contract. The Contractor shall notify the Engineer no less than 24 hours prior to beginning testng. All tests shall be performed in the presence of a representative of the Owner. Testing of all gravity wastewater lines shall be by Low Pressure Air Test as outlined in item 510.3(26)(e) of the City of Austin Standard Specifications. All gravity wastewater mains shall be tested for deflection by mandrel pulling as directed by the Engineer. Testing for all wastewater manholes shall be accomplished by the Vacuum Testing Method. No manhole shall be tested until it has been completely assembled, all connecting pipes or stubs are in place, all lift holes have been plugged with a non - shrinking mortar as approved by the Engineer, and all seals between manhole sections are in accordance with ASTM C923. All testing materials untilized shall be capable of resistng the testing pressures. The testing equipment must include a pressure relief device and shall allow for continous, above - ground monitoring of the test. The Engineer may, at any time, require a calibration check of the instrumentation used. Vacuum Testing procedures shall be as follows; 1. The Contractor shall plug all pipe openings. All plugs and piping shall be securely braced to withstand the testing pressures. T - 5 2. The Vacuum Testing apparatus shall thee; in place and the following performed: A. Inflate compression band to 40 PSI to effect a seal between the vacuum ham and the structure. S. Connect the vacuum pump to the outlet port with the valve open. C. Draw a vacuum to 10" of Hg and rloce the valve. 3. The test shall pass if, after one - and -a -half minutes, the vacuum remains at 10" Hg or does not drop below 9" Hg. If the manhole fails the test, the Contractor shall make all necessary repairs and corrections and retest the manhole in accordance with the aforementioned procedures until the test is passed. 6.03 STANDARD DETAILS The "Standard Detailq" shall be followed as included in the Plans. 6.04 MEASUREMENT AND PAYMENT Unless stated otherwise in the Contract Documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances, constructing and completing the item on which payment is made. The following items from the City of Austin Standard Specifications are modified as related to measurement and payment: 6.04.1 PIPE (Item 510) When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot for the size and type of pipe specified at the depth specified, complete in place. The bid price per linear foot shall include all excavation, bedding material, fittings, plugs, pipe coatings, connection to the existing system, backfilling, testing, disposal of surplus materials, and clean up. Measurement for depth shall be from the existing ground surface or proposed street subgrade, whichever is less, over the centerline of the pipe to the flow line of the pipe. Measurement for Length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. T -6 6.04.02 MANHOLES (Item 506) When called for in the proposal, standard manholes or drop manholes (eight (8') feet or less in depth) shall be paid for at the unit contract price bid per each of the type specified, complete in place including testing. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in the bid item for manholes. 6.04.03 EXTRA DEPTH FOR MANHOLES (Item 506) When called for in the proposal, manholes with extra depth over eight (8') feet will be paid for at the unit contract price bid per vertical foot including all excavtion, coatings, backfilling and testing, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in the bid item for manholes. 6.04.04 CONCRETE ENCASEMENT OR CRADLE (Items 505 & 510) When called for in the proposal, concrete encasement or cradle shall be paid for at the unit contract price bid per linear foot for the size of pipe specified, complete in place. 6.04.05 SEWER SERVICES (Items 510) Sewer services shall be paid for at the unit price bid per each, complete in place, including tap to main, fittings as required, pipe, risers, plugs, and appurtenances. 6.04.06 ADJUSTING STRUCTURES (Item 504) Adjustment of manholes to finished grade shall not be measured or paid separately. The cost of such adjustments will be considered subsidiary to the bid item for manholes. Manhole frames and covers shall be raised to finshed grade in all paved areas and to 6 inches above natural ground in unpaved areas unless otherwise noted on the plans. TPEM 7 EROSION CONTROL MEASURES (Series 600) This item shall govern the furnishing, placing, maintaining and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for all disturbed areas and in accordance with the Plans. All T - 7 temporary erosion control measures including hay bales, rock berms, fabric fence and brush piles shall be erected at the locations as required, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of disturbed area and spoil sites shall include spreading of top soil, shaping, hydromulching or seeding in accordance with the Plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance with the Plans. The bid price per lump sum shall include all excavation, materials, shaping, hauling, maintenance, removal at completion of project, disposal of surplus materials, hydramulching or seeding and clean up. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. ITEM 8 PROVISIONS FOR KEEPING EXISTING WASTEWATER MAINS IN SERVICE When required by the Engineer, the Contractor shall make provisions to ensure that all existing wastewater mains remain in service during contruction. Such provisions may include but not be limited to: Bypass pumping or laying temporary mains. Prior to construction, the Contractor shall submit to the Engineer for his approval, a proposed plan for providing such provisions. No separate payment will be made for this item. Costs for providing these provisions shall be subsidiary to other bid items. T - 8 ITEM 100 -A TRENCH SAFETY SYSTEMS T- 9 Item No. 100 -A Trench Safety Systems 100.1 Description This item shall consist of designing, furnishing, installing, and maintaining trench safety systems required for the construction of trench excavation and backfill made necessary by the safety system. A trench shall be defined as a narrow excavation made below the surface of the ground. In general the depth is greater than the width but the width is not greater than 15 feet. Trench Safety Systems include, but are not limited to sloping, sheeting, trench shields or boxes, sheet piling, cribbing, bracing, shoring, dewatering, or diversion of water to provide adequate drainage. 100.2 Safety Safety of personnel on the work site is of paramount importance to the Owner. Contractor shall initiate and maintain a trench safety training program which shall provide for frequent and regular training sessions. The trench safety program shall be in accordance with Occupational Safety and Health Administration (OSHA) standards govern- ing the presence and activities of individuals working in and around trench excavation. Contractor shall submit documentation of the existence and content of the safety training program at or before the Pre- Construction Confer- ence. At or before the Pre - Construction Conference, the Contractor shall also submit a letter signed by an officer of the entity certifying that no employee of the Contractor or Subcontractor will be alloyed in or near a trench excavation on this project unless the employee has first successfully completed training in basic trench safety subjects. In the same letter, the Contractor shall also name the "competent person" (foreman or superintendent) who is to be reasonably available to the project at all times when trench construction work is in pro- gress and who is empowered to act for the Contractor in trench safety matters. The competent person shall be one who is capable of identi- fying existing hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate those conditions. T - 10 3/30/88 100 -A 100.3 Trench Safety Plan Within three weeks following the opening of bids, the Contractor shall submit to the Engineer /Architect, a plan for a Trench Safety System which shall conform to the provisions of Subpart P, Part 1926 of the Code of Federal Regulations and which shall be capable of being in- stalled within the available work space. Failure to submit the re- quired plan within the allowable time may be cause for rejecting a proposal as being non - responsive. The plan shall be prepared and sealed by a Professional Engineer, registered in the State of Texas and qualified by experience to design such systems. The plan shall contain as a minimum the following: 1. A plan or other designation of the areas in which each type of system shall be used. 2. Drawings, manufacturer's data, or other method of identifying the various elements of the system with sufficient specific- ity to allow positive identification during construction, and installation requirements sufficient to allow field verifica- tion of proper installation. 3. Manufacturer's written specifications, recommendations, limitations, and manufacturer's permission to deviate from those specifications, recommendations, and limitations. 4. Engineering calculations or manufacturer's certifications showing that the system is designed to withstand anticipated loadings and to provide protection throughout the full depth of the trench. Loads used for design of the Trench Safety System shall be as determined by the Contractor's geotechni- cal consultant except in that no case shall the design load- ings used be less than 45 psf per foot of height of the trench plus adjacent soil bank for shoring systems or less than 55 psf per foot of height of the trench plus soil bank for trench shield or trench box design. 5. If proper installation of the proposed Trench Safety Plans require trench widths in excess of those noted in the Standard Details or Standard Specifications, the plan shall also contain engineering calculations showing that the additional loadings imposed by the increased width do not result in a need for a stronger class of pipe. If the calculations show that a stronger class of pipe is required, the additional cost shall be included in the price bid for construction of the pipe. The purpose of submittal review by the Engineer /Architect is to deter- mine that the Contractor has planned the trenching work and the trench safety systems required, that a qualified professional engineer has assisted the Contractor in this planning, and that the plan is in general conformance with the project design requirements. The review 3/30/88 100 -A T -11 of submittals does not relieve the Contractor of full responsibility for trench safety, including selection, excavation and construction procedures, methods and materials. The Contractor is solely responsi- ble for any and all property damage or bodily injury, including death, that arises from his trenching activities, whether or not performed in accordance with the submittals. 100.4 Soils Information The Owner may have obtained geotechnical information, which may include sub - surface data, logs of soil borings, and recommendations from geotechnical consultants. Any information obtained is solely for use by the City and /or its design consultants in the design of the project and are not part of the contract. If soil borings have been prepared they will be included in Section 00220 of this Project Manual or on the plans. Any geotechnical information included is for information only. The City and its design consultants do not guarantee the accuracy or validity of the data, nor do they assume any responsibility for any interpretations or conclusions the Contractor may draw from the data. The Contractor shall provide to the Contractor's Professional Engineer all information needed to design the Trench Safety System required by Section 100.3• The Contractor may, at his option, perform additional sub - surface investigations at his own expense. 100.5 Inspections Contractor's "competent person" shall inspect the trench, the adjacent area, and the trench safety system each day, before allowing workers to enter the trench, for evidence of any situation which might result in unsafe working conditions and to ensure the system meets OSHA requirements. Such inspections shall also be performed following rainfall or any other occurrence, such as encountering unexpected sub - surface conditions, which could result in hazardous conditions. If evidence of possible cave -ins or slides is noted, or any time a safety system is damaged, work shall immediately cease and all personnel shall be removed from the trench. Personnel shall be required to remain outside the trench until the necessary repairs, reinforcement, or other appropriate actions have been taken as directed by Contractor's "competent person ". After the appropriate action has been taken the "competent person" shall inspect and approve the work before allowing the personnel to re -enter the trench. The Contractor shall maintain a permanent record of inspections which shall be made available to the Owner upon request. T- 12 3/30/88 100 -A 100.6 Construction Methods Trench safety systems shall be constructed in accordance with the detailed specifications set out in the provisions of Excavations, Trenching, and Shoring, U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Regulations, 29 CFR, Part 1926, Subpart P. A reproduction of the specifications is attached for the convenience of the Contractor. The Ovner assumes no responsibility for the accuracy of the reproduction. The Contactor is responsible for obtaining a current copy of this section of the Federal Register for use during the project. Contractor shall not allow any employee to enter any trench at any time, including during excavation, construction, backfilling, or other such operations, unless the proper Trench Safety System is in place in that section of trench. Contractor shall at all times safely guard all property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work and any adjacent property from damage. Contractor shall repair, replace, or otherwise make good any such damage, loss, or injury arising out of Contractor's excavation operations. 100.7 Alternate Designs During construction, the Contractor may desire to utilize an alternate trench safety system due to unexpected conditions, to expedite the construction, or for some other reason. The plan for the proposed alternate system shall be prepared in conformance with Section 100.3 by Contractor's Professional Engineer and submitted to the Architect /Engineer for approval. Contractor shall not begin utilization of any alternate system until the substitution is authorized by change order. 100.8 Indemnification The Contractor shall indemnify and hold harmless the City, its employees, its agents, and its design consultants, from any and all damages, costs (including, without limitation, legal fees, court costs and the cost of investigation), judgments, or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. The Contractor acknowledges and agrees that this indemnity provides indemnity of the City in case the City is negligent either by act or omission in providing trench safety, including, but not limited to inspection, failure to issue stop work orders, and the hiring of the Contractor. T - 13 3/30/88 100 -A 100.9 Measurement Trench safety systems shall be measured by linear foot of actual system installed along the centerline of trench vhen depth exceeds five feet, completely installed to Contractor's approved plan and specifications, maintained, and removed when no longer required, including any excavation required for installation, and any additional backfilling caused by such installation. 100.10 Payment Payment for Trench Safety Systems, measured as prescribed above, will be made at unit price bid per linear foot for safety systems in Contractor's approved plan and specifications, which price shall include special clearing, excavation and backfilling. Payment for general clearing, excavation, bedding, pipe, backfill and restoration of vegetation or street surfaces are not included in this item, but will be paid under other items bid. Payment will be made under the following pay item: Safety Systems Excavations and Trenches (all depths exceeding 5 feet) - Per Linear F oot. End. T - 14 3/30/88 100 -A Appendix CONSTRUCTION Solely & Health Regulation. Perl 1926 Subpart P— Excavations, Trenching, and Shoring 1928.050 — General protection requirements. (a) Walkways, runways. and sidewalks shall be kept clear of ex- cavated material or other obstructions and no sidewalks shall be undermined unless shored to carry a minimum live load of one hun- dred and twenty -five (125) pounds per square fool. (b) If planks arc used for raised walkways, runways, or sidewalks, they shall be laid parallel to the length of the walk and fastened together against displacement. (c) Planks shall be uniform in thickness and all exposed ends shall be provided with beveled cleats to prevent tripping. (d) Raised walkways, runways, and sidewalks shall be provided with plank steps on strong stringers. Ramps, used in lieu of steps, shall bc provided with cleats to insure a safe walking surface. (e) All employees shall be protected with personal protective equipment for the protection of the head, cycs, respiratory organs, hands, feet, and other parts of the body as set forth in Subpart E of this part. (I) Employees cxposcd to vehicular traffic shall be provided with and shall be instructed to wear warning vests marked with or made of rc(lectorized or high visibility material. (g) Employees subjected to hazardous dusts, gases, fumes, mists, or atmospheres deficient in oxygen, shall be protected with approved respiratory protection as set forth in Subpart D of this part. (h) No person shall be permitted under Toads handled by power shovels, derricks, or hoists. To avoid any spillage employees shall be required to stand away from any vehicle being loaded. (1) Daily inspections of excavations shall be made by a compe- tent person. If evidence of possible cavc - ins or slides is apparent, all work in the excavation shall cease until the necessary precautions have been taken to safeguard the employees. 1928.651 Specific excavation requirements. (a) Prior to opening an excavation, effort shall be made to deter- mine whether underground installations, i.e., sewer, telephone, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the estimated location of such an installation, the exact location shall bc determined and when it is uncovered, proper sup- ports shall be provided for the existing installation. Utility com- panies shall be contacted and advised of proposed work prior to the start of actual excavation. 11M1 MI IMO I — (b) Trees, boulders, and other surface encumbrances, located so as to create a hazard to employees involved in excavation work or in the vicinity thereof at any time during operations, shall be removed or made safe before excavating is begun. (c) The walls and facet of all excavations In which employees ere exposed to danger from moving ground shall be guarded by • shor- ing system, sloping of the ground, or some other equivalent means. (d) Excavations shall be inspected by a competent person after every rainstorm or other hazard - Increasing occurrence, and the protection against slides and cave -ins shall be incrcascd if necessary. (e) The determination of the angle of repose and design of the supporting system shall be based on careful evaluation of pertinent factors such as: Depth of cut; possible variation in water content of the material while the excavation is open; anticipated changes in . materials from exposure to air, sun, water, or freezing; loading im- posed by structures, equipment, overlying material, or stored material; and vibration from equipment, blasting, traffic, or other SOU rccs. (f) Supporting systems, i.e., piling, cribbing, shoring, etc., shall be designed by a qualified person and meet accepted engineering re- quirements. Whcn tie rods are used to restrain the top of sheeting _ or other retaining systems, the rods shall be securely anchored well back of the angle of repose. When tight sheeting or sheet piling is uscd, full loading due to ground water table shall be assumed, unless prevented by weep holes or drains or other means. Addi- tional stringers, ties, and bracing shall be provided to allow for any necessary temporary removal of individual supports. (g) All slopes shall be excavated to at least the angle of repose ex- cept for areas where solid rock allows for line drilling or presplit- ling. (h) The angle of repose shall be flattened when an excavation has water conditions, silly materials, loose boulders, and areas where erosion, deep frost action, and slide planes appear. (1) (1) In excavations which employees may be required to cuter, excavated or othcr material shall be effectively stored and retained at least 2 feet or more from the edge of the excavation. (2) As an alternative to the clearance prescribed in sub- paragraph (1) of this paragraph, the employer may use effective barriers or other effective retaining devices in lieu thereof in order to prevent excavated or other materials from falling into the ex- cavation. 1.)) Sides, slopes, and facts of all excavations shall meet accepted engineering requirements by scaling; benching, barricading, rock bolting, wire meshing, or other equally effective means. Special al- 13 MINI M I MI MI M I= tendon shall be given to slopes which may be adversely affected by weather or moisture content. (k) Support systems shall be planned and designed by a qualified person when excavation is in excess of 20 feet in depth, adjacent to structures or irnprovements, or subject to vibration or ground water. (I) Materials used for sheeting, sheet piling, cribbing, bracing, shoring, and underpinning shall be in good serviceable condition, and timbers shall be sound, free from large or loose knots, and of proper dimensions. (ih) Special precautions shall be taken in sloping or shoring the sides of excavations adjacent to a previously back fWed excavation or a fill, particularly when the separation is less than the depth of the excavation. Particular attention also shall be paid to joints and scams of material comprising a face and the slope of such scams and joints. (n) Except in hard rock, excavations below the level of the base of looting of any foundation or retaining wall shall not be permit- ted, unless the wall is underpinned and all other precautions taken to insure the stability of the adjacent walls for the protection of employees involved in excavation work or in the vicinity thereof. (a) If the stability of adjoining buildings or walls is endangered by excavations, shoring. bracing, or underpinning shall be pro- vided as necessary to insure their safety. Such shoring, bracing, or underpinning shall be inspected daily or more often, as conditions warrant, by a competent person and the protection effectively maintained. (p) Diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering an excavation and to provide adequate drainage of the area adjacent to the excavation. Water shall not be allowed to accumulate in an excavation. (q) If it is necessary to place or operate power shovels, derricks, trucks, materials, or other heavy objects on a level above and near an excavation, the side of the excavation shall be sheet - piled, shored, and braced as necessary to resist the extra pressure due to such superimposed loads. (r) Blasting and the use of explosives shall be performed in ac- cordance with Subpart U of this part (s) When mobile equipment is utilized or allowed adjacent to ex- cavations, substantial stop logs or barricades shall be Installed. If possible, the grade should be away from the excavation. (t) Adequate barrier physical protection shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or covered. Upon completion of exploration and similar operatlons,'temporary wells, pits, shafts, etc., shall be backfilled. (u) If possible, dust conditions shall be kept to a minimum by the use of water, salt, calcium chloride, oil, or othcr means. (v) In locations whcrc oxygen deficiency or gaseous conditions are possible, air in the excavation shall be tested. Controls, as set forth in Subparts D and E of this part, shall be established to assure acceptable atmospheric conditions. When flammable gases are pre- sent, adequate ventilation shall be provided or sources of ignition shall bc eliminated. Attended emergency rescue equipment, such as breathing apparatus, a safety harness and line,, basket stretcher, etc., shall be readily available whcrc adverse atmospheric condi• lions may exist or develop in an excavation. (w) Where employees or equipment are required or permitted to cross over excavations, walkways or bridges with standard guard- rails shall be provided. (x) Where ramps arc used for employees or equipment, they shall bc designed and constructed by qualified persons in accord- ance with accepted engineering requirements. (y) All ladders used on excavation operations shall be in accord- ance with the requirements of Subpart L of this part. 1928.852— Speclllc trenching requlramants. (a) Banks more than 5 feel high shall be shored, laid back to t stable slope, or some other equivalent means of protection shell be provided whcrc employees may be exposed to moving ground or cave -ins. Refer to Table P -I as a guide in sloping of banks. Trenches less than 5 feet in depth shall also be effectively protected when examination of the ground indicates hazardous ground movement may be expected. (b) Sides of trenches in unstable or soft material. 5 feet or more in depth, shall be shored, sheeted. braced, sloped, or otherwise sup- ported by means of sufficient strength to protect the employees working within them. See Tables P -1, P -2 (following paragraph (I) of this section). (c) Sides of trenches in hard or compact soil, including em- bankments, shall be shored or otherwise supported when the trench is more than 5 feet in depth and 8 feet or more in length. In lieu or . shoring, the sides of the trench above the 5 -foot level may be sloped to preclude collapse, but shall not be steeper than ■ 1 -foot rise to each 15 -foot horizontal. When the outside diameter of pipe Is greater than 6 feet, a bench of 4-foot minimum shall be provided at the toe of the sloped portion. (d) Materials used for sheeting and sheet piling. bracing. shor- ing, and underpinning, shall be in good serviceable condition, and timbers used shall be sound and free from large or loose knots, and 15 shall be designed and installed so as to be effective to the bottom of the excavation. (c) Additional precautions by way of shoring and bracing shall be taken to prevent slides or cave -ins when excavations or trenches are made in locations adjacent to backfilled excavations, or where excavations arc subjcctcd to vibrations from railroad or highway traffic, the operation of machinery, or any other source. (f) Employees entering bell- bottom pier holes shall be protected by the installation of a removable -type casing of sufficient strength to resist shifting of the surrounding earth. Such temporary protec- tion shall be provided for the full depth of that part of each pier hole which is above the bell. A lifeline, suitable for instant rescue and securely fastened to a shoulder harness, shall be worn by each employee entering the shafts. This lifeline shall be individually manned and separate from any line used to remove materials ex- cavated from the bell footing. (g) (1) Minimum requirements for trench limbering shall be in accordance with Table P -2. (2) Bracts and diagonal shorts in a wood shoring system shall not be subjected to compressive stress in excess of values given by the following formula: S= 1300— 20L D Maximum ratio L = 50 D Where: L = Length, unsupported, ininches. • = Least side of the timber in inches. S = Allowable stress in pounds per square inch of cross - section. (h) When employees are required to be in trenches 4 feet deep or more, an adequate means of exit, such as a ladder or steps shall be provided and located so as to require no more than 25 feet of lateral travel. (i) Bracing or shoring of trenches shall be carried along with the excavation. (j) Cross braces or trench jacks shall be placed in true horizontal position, be spaced vertically, and be secured to prevent sliding, falling, or kickouts. (k) Portable trench boxcs or sliding trench shields may be used for the protection of personnel in lieu of a shoring system or slop- ing. Where such Trench boxes or shields are used, they shall be designed, constructed, and maintained in a manner which will pro- vide protection equal to or greater than the sheeting or shoring re- quired for the Trench. (I) Backfilling and removal of trench supports shall progress together from the bottom of the trench. Jacks or braces shall be released slowly and, In unstable soil, ropes shall be used to pull out the jacks or bracts from above after employees have cleared the trench. lode 1•.1 rrole: can. s+n,. to..n oo Non-Komoterao So. w Sort ° I.a•I.rtnl. iz Es 1 El r APPROXIMATE ANGLE OF REPOSE FOR SLOPING OF SIDES OF EXCAVATIONS 16 1 17 S INO IMM Of 0 v x 4 2 • 2 2 F. F 3 u zo � A • A a a a 3 e I S 11 n 0 ' i ti 1928.853— Dellnitlone applicable to this subpart. (a) "Accepted engineering requirements (or practices)" —Those requirements or practices which arc compatible with standards re- quired by n registered architect, a registered professional engineer, or other duly licensed or recognized authority. (b) "Angle of repose" —The greatest angle above the horizontal plane at which a material will lie without sliding. (c) "Dank " —A mass of soil rising above a digging level. (d) "Belled excavation"— A part of a shaft or footing excava- tion. usually near the bottom and bell- shaped; i.e., an enlargement of the cross section above. (c) "Bracts (trench) " —The horizontal members of the shoring system whose ends bear against the uprights or stringers. (f) "Excavation" —Any manmadc cavity or depression in the earth's surface. including its sides, walls, or facts, formed by earth removal and producing unsupported earth conditions by reasons of the cxcavation. 11 installed forms or similar structures reduce the depth -to -width relationship, an excavation may become a trench. (g) "Facts" —See paragraph (k) of this section. (h) "(-lard compact soil " —AD earth materials not classified as running or unstable. (i) "Kickouts "— Accidental release or failure of a shore or brace. (j) "Sheet pile " —A pile, or sheeting, that may form one of a continuous interlocking lint. or a row of timber, concrete, or steel piles, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials. (k) "Sides," "Walls," or "Faccs" —The vertical or Inclined earth surfaces formed as a result of excavation work. (I) "Slope" —The angle with the horizontal at which a particular earth material will stand indefinitely without movement. (m) "Stringers" (wales)—The horizontal members of a shoring system whose sides bear against the uprights or earth. (n) "Trench " —A narrow excavation made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench is not greater than 15 feet. (o) "Trench jack" —Screw or hydraulic type jacks used as cross bracing in a trench shoring system. (p) "Trench shield " —A shoring system composed of steel plates and bracing, welded or bolted together, which support the walls of a trench from the ground level to the trench bottom and which can be moved along as work progresses. 19 _ 18 _ MO M M M CITY OF ROUND ROCK PUBLIC. WORKS PROJ ECT PALM VALLEY PARK GRAVITY WASTEWATER IMPROVEMENTS TEXAS LOCAL PARK FUND STATE PROJECT # 20-00264 SPECIFICATIONS AND CONTRACT DOCUMENTS CITY OF ROUND ROCK PUBLIC. WORKS PROJ ECT PALM VALLEY PARK GRAVITY WASTEWATER IMPROVEMENTS TEXAS LOCAL PARK FUND STATE PROJECT W 20 -00264 SPECIFICATIONS AND CONTRACT DOCUMENTS PALM VALLEY PARK GRAVITY W ASTEW ATER IMPROVEMENTS Tah1P of Contents Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD-1 3.0 Post Bid Documents PBD-1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS-1 Pub. Dates: 12- 5 -88 12- 8 -88 12 -12 -88 12 -15 -88 NOTICE TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled Palm Valley Park Gravity Wastewater Improvements(project involves construction of approximately 3700 linear feet of 6" and 4" gravity wastewater lines) will be received until 10:00 A.M. Monday December 19, 1988 then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security, payable to the City of Round Rock Texas, equal to five percent (5%) of the total bid amount. Plans, Proposal Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 300 South Blair, in Round Rock, Texas beginning December 7, 1988 for a nonrefundable charge of ten dollars ($10.00) per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive informalitites and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. JOANNE LAND City Secretary City of Round Rock 1.0 NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigations of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a cashier's check upon a National or State bank in an amount not less than five percent (5%) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the top three (3) successful bidders which the City of Round Rock will hold until the successful bidder has executed the contract. Thereafter, the security of the successful bidder will be returned. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. BD -1 ' 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to ' reject the bid. Unreasonable (or unbalanced) p r i c e s submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within thirty (30) days after opening of the proposals, and no bidder may withdraw his proposal within said thirty (30) 1 day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of ' the contract, the successful bidder must furnish a satisfactory performance bond in the amount of one - hundred percent (100 %) of the total contract price and a satisfactory payment bond in such amount, both duly executed by such bidder as principal and by a corporate surety duly authorized to so act under the laws of the State of Texas and Surety. 12. If the total project amount is less than $25,000.00, the performance and payment bond requirement will be waived by 1 the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) ' days of written notification of award or failure to furnish the surety bond as required, shall be just cause for the annulment of the award. In case of the annulment of the ' award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 1 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 1 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar ' insurance that is required of the subcontractor has been furnished and approved. 16. Any quantities given in any portion of the contract ' documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and /or material furnished. BD -2 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. BD -3 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE and firmly bound unto the The CONDITIONS OF THIS OBLIGATION ARE has submitted the above mentioned bid the work under the "SPECIFICATIONS FOR opened at the office of the OWNER on Principal By: (Seal) BD-4 Surety , as PRINCIPAL and , as SURETY, and held , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5%) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ SUCH, THAT whereas, said PRINCIPAL to the OWNER, for construction for CONSTRUCTION OF , for which bids are to be , 19 . NOW, THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a resonable attorney's fee to be fixed by the Court. IN WTTNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 . BY: (Seal) r PROPOSAL BIDDING SHEET JOB NAME: Palm Valley Park Gravity Wastewater Improvements JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: November, 1988 Gentlemen: Pursuant to the foregoing Notice to contractors and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, matc.rial', insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of PALM VALLEY PARK GRAVITY WASTEWATER IMPROVEMENTS and binds himself on acceptance of this propel to execute a contract and bond for completing said project within the time stated, for the following prices, to wit BASE BID — item Description Unit Item Quantity Unit and Written Unit Price Price 1. 2,011 L.F. 6" PVC, SDR -35, Gravity Wastewater Main, 0-8' depth, complete in place, per Linear Foot for and BD - 5 Dollars and No Cents 2. 888 L.F. 6" PVC, SDR -35, Gravity Wastewater Main, 8-10' depth, complete in place, per Linear Foot far „✓e5 Amount Dollars .vCents $ 9 $ ? f 93 f v Item Description Unit Bid 473 Unit and Written Unit Price Price Amount. Item CI___. 3 L.F. 6" PVC, SDR -35, Gravity 3; Wastewater Main, 10-12' depth, complete in place per Linear Foot for TX"' Dollars and 6 .4 , ... Cents $ /0 _ $ 1 173° % 4. 172 L.F. 6" PVC, SDR -35, Gravity Wastewater Main, 12 -14' depth, complete in place, per Linear Foot for F�!'� and 5. 310 L.F. 4" PVC, SDR -35, Gravity Wastewater Main, 0-8' depth, complete in place per Linear Foot for Fe ✓E Cents $ /? $ Dollars $ $ /55'0 and No Cents $ 6. 8 Ea. 4' Diameter Standard Wastewater Manhole, in- cluding adjustment to finished grade and eye- outs where aPPlicahle, com plete in place, per Each IFS 'VS for ,0' f/.,,.gAse.e, R00.-'1 6,100 Dollars °o and -"A" Cents $ - $ _-6 e 7. 1 Ea. 4' Diameter Wastewater Drop Manhole, inrinAing adjustment to finished grade, complete in place, per Each APS APS. ffFS for rcjS,,r" fie ..,w •fa 9Q0° ?col"' Dollars $ and ,v° Cents $ BD - 6 1 1 1 1 1 1 Bid Item Description Item Quantity Unit and Written Unit Price 8. 5 V.F. Extra Depth Manhole over 8-foot depth, complete in place, per Vertical Foot. for Six ri Unit Price Amount Dollars and ivo Cents $ s° $ 9. 3,754 L.F. Safety Systems for Excavations and Trenches (all depths exceeding 5 feet), in accordance with the specifications, complete in place, per Linear Foot for /Jo Dollars and F /F`Y Cents $ 4,50 $ /$ ? p °-- 10. 1 L.S. Erasion control measures and restoration, not including revegetation, complete in place, per Lump Sum F. VE , 5 for — 2y /y ✓.r',e Soo SQe uc Dollars and Aro Cents $ $ 11. 1 Ea. 6" Wastewater Cleanout, including adjustment to finished grade, complete in place per Each for ONE / ✓„ip.CEO Do]]ars and No Cents $ /OO of $ /45 en 0 12. 1 Ea. 4" Wastewater C]eanout, including adjustment to finished grade, complete in place, per for ,SE ✓E.vr)' Fi ✓E Dollars °° oa and r� Cents $ — $ �s TOTAL BASE BID (Items 1 through 12) $ 497776 4c$ Y?,S 6 BD - 7 If this proposal is accepted, the undersigned ages to execute the contract and provide n eces-,ary bonds and insurance certification as per the Instructions to Bidders and commence work within five (5) days after written notice to proceed. The undersigned further agrees to compete the work in frill within 60 calendar days after the date of the written notice to proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Respectfully submitted, S/� 595 Title for vices "WS/ <^�� Telephone Name of firm BD - 8 Pa. Bok 0'57 //04 .4 84' /; Address Secretary, if Contractor is a Corporation 3.0 POST BID DOCUMENTS THE STATE OF TEXAS cawry OF 'WILLIAMSON ) AGREEMENT KNOW ALL MEN BY THESE PRESENTS That this Agreement made and entered into this ,;(0 of a A.D., 191 , by and between the CITY OF FOUN� , R� TEXAS, its Mayor, First Party, hereinafter termed the Owner, and / 7E,1/4,IJC f. �,(,t. of the City of h -y , County of L.4y4/9 State of S , Second Party, hereinafter tett . d the Contractor. WITHNESSETH: That for an in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the First Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated 4/oV. R88 (,0,S pia) for certain improvements described as follows: ") t ;fiY 7 - :11 The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsquently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this. contract within 5 consecutive calendar days after the date of the Notice to Proceed given to the Contractor and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be cbrrpleted in full within 60 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: The Notice to Bidders The Instructions to Bidders The Proposal and Bidding Sheets The Performance and Payment Bonds The Certificate of Insurance The General Conditions of Agreement PBD-1 The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Plans The Basis of Measurement and Payment AGREEMENT- continued IN WITNESS WHEREOF the Parties to these presents have executed this . Agreement in the year and day first above written. By. � /2 , - y Secretary PBD - 2 CITY OF ROUND ROCK, TEXAS, OWNE By: / //II2 L-- Mayor Contractor B 1 1 1 WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein consisting of: i r 1 1 1 1 1 1 1 1 1. THE STATE OF TEXAS COUNTY OF l•IILLIAMSON 4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT, Bay Maintenance Company, Inca • • of the City of Marble Falls, Texas , County Of Llano , and State of Texas as principal, and icier and Deposit Comnanv authorized under the aws of the State of Texas to act as surety an bonds for principals, are held and firmly bound unto the City of Round Rock, Texas, here- inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum of Forty Two Thousand Five Hundred Seventy Six & no /loWDollars ($ 42 576.00 ) for the payment whereof, the said Principal and Surety bond themse ves , an Lheir heirs, administrators, executors, successors and assigns jointly and severally, by these presents: Palm Valley Park Gravity Wastewater Improvements NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Princical shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreeme- in and by said Contract, agreed and convenanted by the Principal to be observed a,d performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workm2 -- ship of, the in performing the work covered by said Contract and occurr'ng within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, th =n remain in full force and effect. • PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised "Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tine, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 1� 1 1 1 1 1 1 1 1 1 , 1 1 1 1 1 1 PERFORMANCE B nNo (CONTINUED) IN WITP!Ess WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 Bay Mainte . nce Company, Inc Princlpa/ Fidelity and Deposit Company urety By BY \NOO,Pn Title Susan Ashwander Title Attorne -in -Fact Address 409 E. Centerville' Rd. Garland, Texas 75041 Address P. 0. Box 8859 Horseshoe Bay Marble Falls, Texas 78654 The name and address of the Resident Agent of,Surety is Davis - Dyer -Max, Inc. P. 0. Box 461867; Garland, Texas 75046 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT, Bay Maintenance Company, Inc. County o` of the City of Marble Falls _Llano and State o Texas as principal and - F n Deposit, ompanv authorized under the laws of th State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of Forty Two Thousand Five Hundred Seventy Six & no /Aiollars (f 42,576.00 for the payment whereof, the said Principal and Surety bon t emse yes, 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 hereby referred to and made a part hereof as fully and�to the �same as ' if copies at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin- ' cipal shall pay all claimants supplying labor and material to him or a subcon- tractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force d effect; ' PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities ' on this bond shall be determined in accordance with the provisions of and said Article j to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications or drawings accompanying the 'th 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 e terms of the contract, or to the work to be performed thereunder. i N WITNESS WHEREOF, the,sid Principal and Surety have signed and sealed his Instrument this day of 19 'dress _ n• Box 8859 o Hrs t, n Marble ells, Texas 78654 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS Fidelity and'D'epb&it Company—. urety WD t C:. l Susan Ashwander Attorney -in -Fact '4d9 E. Centerville �1 Garl ramp Texas 7 09 'c` ^f the Resident Agent of Surety is : 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Oink PRODUCER ; :;r .............. CODE INSURED Oevis -Oyer-1 az, loc. P.O. Sex 461867 Carlaai, Texas 75046 SUB-CODE Saay�& t NNaii Company lac. Hiof s .._ e 8 SW p.. { Marble falls. Texas 78654 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH S CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE NY LOMEA T l� IIngram. LOMPA A i • Company C OMPANY B LETTER COMPANY C LETTER COMPANY D LETTER L COMPANY E ETTER ISSUE onre (MMroom) 1/19/819 CO LTA 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 N REDUCED BY PAID CLAIMS. POLICY EFFECTIVE :POLICY EXPIRATION: TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD!YY) _ DATE (MM,DDM') ; ALL LIMITS IN TNOUSANBS GENERAL UABILTTY _ GENERAL AGGREGATE § 2,0 COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP /OPS AGGREGATE' $ 1 IC ,000 .. r . _ El .. ._ /.���,....,y.,�y : S S.Cle� C� r FIRE DAMAGE (My one fire) $ 50 x includes Ind. CeetraCtors MEDICAL EXPENSE (Any one Person) § AUTOMOBILE LIABILITY COMBINED SINGLE $ 1 s X ;ANY AUTO LIMIT . ' ALL OWNED AUTOS BODILY __.._... ] �' )� 4/11/89 INJURY S _... SCHEDULED AUTOS 8AP155$837 ; 6 �88 4/11I�L � (Per Person) HIRED AUTOS : BODILY NON-OWNED AUTOS : - INJURY § _ (Per Aaidentj GARAGE LIABILITY PROPERTY :S :DAMAGE ' EACH AGGREGATE OCCURRENCE OTHER OWNER'S S CONTRACTOR'S PROT. 6.89096 6/15/88 4/11/89 EACH OCCURRENCE EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONSAACATIONS /VEHICLES/RESTRICTIONS /SPECML ITEMS Palm Valley Park Gravity Mastewter Irrprovem is STATUTORY (EACH ACCIDENT) (DISEASE — POLICY LIMIT) (DISEASE —EACH EMPLOYEE City of Reaad Rock VI East laid Street Roved Rock. Texas 78654 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIR TA I. ON DATE THEREOF, THE ISSUING COMPANY WILL le4GAINI TO MAIL AYS 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 OD.I mum, •..wv.a a —...— — CODE 'SUB -CODE LLEETTER A The Home Indemnity Company COMPANY s LETTER NSURED The City of Round 221 East Main Street Round Rock, Texas t '_;� mil, -i..t _ THIS IS TO CERTIFY THAT THE POLICIES .INDICATED. NOTWITHSTANDING ANY CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF Rock C I _ 78664 _ COMPANY C r. LETTER COMPANY D LETfFA COMPANY E LETTER - . - . - _ NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER MAY PERTAIN. THE SUCH POLICIES. LIMITS INSURANCE AFFORDED OWN MA N Y HAVE BE REDUCED BY PAID CLAIMS. TYPE OF INSURANCE - CO LTR - POLICY NUMBER - DATE DD/YY) I DATE (MMIO DITY) 1 LY ALL LMBfS W DIM/SA/MS I GENERALLIABILm ■ 1 COMMERCIAL GENERAL LIABILITY I CLAIMS MADE t OCCUR OPR9184523 I I 10/3/88 F 10/3/89 - GENERAL AGGREGATE ! $ 1.000 PRODUCTSCOMP,OPS AGGREGATE 6 POISONAL S ADVERTISING INJURY! 6 A ill OWNER'S S CONTRACTOR'S PROT '"'c'ecumENcE i 1.000 FIRE DAMAGE (My one fin) I $ MEDICAL EXPENSE (Any ono pommy S I AUTOMOBILE LIABILITY — I ANY AUTO - _ I ALL OWNED AUTOS SCHEDULED AUTOS _ ^u 1 HIRED AUTOS • 1 NON -OWNED AUTOS i GARAGE LIABILITY COMBINED I . _ _ SINGLE ' $ LIMIT { f 4 '. BODILY INJURY $ (MY Parson) _ BODILY INJURY • $ I (PM a toll DAMAGE P PROPERTY s EACH AGGREGATE 1 QCFRS LIABILITY OCCURRENCE i ! 1 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION - AND EMPLOYERS' LIABILITY STATUTORY , (EACH ACCIDENT) S (DISEASE — POLICY LIMIT) L (DISEASE —EACH EMPLOYEE I OTHER DESCRIPTION OF OPERATIONSRACATIONS /VEHICLES/RESTRICTIONS/SPECUIL ITEMS " Flat" Drainage Improvements, Round Rock, Texas Palm Valley Park Gravity Wastewater Improvements CERTIF[ HOLDER ` De li gnated Contr_ acto' Ra Maintenance Company ubcontractors, If Any Horseshoe Bay, Box 8859 Marble Falls, Texas 75654 _ _ ACORD 25-5 mem SHOULD EXPIRATION LEFT, LIABILITY .- �.:.. ' %' , Inc., and all ,... _. .. _ _ _ , - _��..�.. ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OF ANY KIND UPON THE COMPANY, FPS AGENTS OR REPRESENTATIVES. AUTHORIZED REPIESfRTAT1VE i . r, _� r... . . .. CAS CORPORATION 1988 • Atettll. CERTIFICATE OF INSURANCE ISSUE DATE IMMIDD 2/1/84 PRODUCER ill Davis- Dyer -Max, Inc. P.O. Box 451867 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 ' Type a vaiaanm W. NO. - 'rw y rimraer uo / ire) owls iMO/ • urJess answee iimlea. In. Iry eas r r m�ae ,z ca uUr` Wmh rs Cmoa ®tlon trrs a r sts� Immepl ,t gab Memcoerapa ner ern oe awid eaa8Yby3181eFundymr1Garadr)eram n0eIa0100end e"du`°'010,0 to( Pert I.(E° ikmois iab11N` * _ yy • • 7 —0- 0 1619 096469 11 -1 -88 1J -1 -89 Li.150I51i11I0sln 7lo mods (000 Qnbetl) Lledl0y 1.0,11-50010, a ., 1, S 6m 5.() Contractual - AM Nfi0en Cabral l CarpieNdgm0lbrs ( I I eb:550l )lmWedt 1 E.c00500 IE.uided - Bodily010ry-FS0110Camepe - *31 $ 5 PO ly Omrage - Eedl Omrre0 • gym E s Single Lone - Each Ocwra¢e -Agveg le s s 00,0001 Lartllords and Team L100101 . Caltreaas Prareeve I BpaiN Imo. - Emil Oaammm 5 PmpeN oanlaw - Each U.mm e •Aggegee 0 I - .29.9 s Era' Simmer. s 1 AIM LIDb iIT L_ ( )AI Owned Amos II ( ) �,oeai n ALMS 0* ( 1 Mred A,ms ow0ed AIS 1 1 Na M - - Sin* Lmb Usti 00 0 Is Bddiiy 0omy End( 5150m. 3 Era, Aawam s P1O1,y Ornlms Ea& Aoadea s ' tlmbiew leGilrty I i Each CCOmmm Is 0 05.15 11 P,0MCC - Cerrrdead Oomamrc s neardOr • $ II I t /i Air p. 1 his is to certify that the insurance policies (described below oy a policy number, written on forms in use by the company have been issued. certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy rp :ed to herein. `e and Mailing Address of Insured 1 1 li L Bay Maintenance Company, Inc. Horseshoe Bay, Box 8859 Marble Falls, TX 78654 Special Provisions /Locations /Specified Autos: 1 1 1 1 Wausau Insurance Companies Davis — Dyer —Max, Inc. P. 0. Box 461867 Garland, TS 75046 The City of Round Rock 221 East Main Street Round Rock. TX 78664 J .JOB: Palm Valley Park Wastewater Improvements • Issuing Company No. 28F 15)15-57301 5011ed Producer No.: Office: Date: Rego: 0907 Dallas 2 -7 -89 DAL Texas *Special Provisions $500,000 each accident $500,000 disease — each employee $500,000 disease — policy limit Wh... lerdng ..Ti reaaremrnt term or condition a any contract or direr ooamern wim re •I to *01 this 0.1100,0e my be saran Of may perlan Ih0 mwr0C0 aaaded oy mr stay 50800 0 ' soma m mmea io rut a Ire arms eWusnn, and cmirums a sual pduy mmcesl aAmm trio lermsl memo` • The entry a a wmoer in 1115 coumn meara Mat Ire coverage is aMrded by we comenv 0esalaled by be same number. 550. 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY 7. ILLINOIS EMPLOYERS INSURANCE IN WAUSAU 1. WAUSAU LLOYDS U. G t. t C Cla s y Aargnred Flepresonalrve 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 � 1 1 1 1 1 MAINTENANCE BOND BOND NUMBER 30236726 AM OUNT 42,576.00 KNOW ALL MEN BY THESE PRESENTS, That we, Bay Maintenance Company, Inc. (hereinafter called the "Principal') as Principal, and the Fidelity and Deposit Company , a organized under the laws Of the State Of Mar land corporation duly to transact business In the State cE Texas and duly !led th e "Surety"), as Surety, a held and bound unto �� the are THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the slm of Fort Two Thousand Five Hundred Sevent Six & no 100 dOUBS ( S 42 576.00 ),for the payment " w aim w 1 and truly to be made, we, the said Principal and the said Surety, administrators, successors and bind Fever, our firm, executors, he he e presents. assigns, faii ntly and severally, firmly by these Sealed with our seals and dated this day of nineteen hundred and A.D. WHER EAS, the said Principal has heretofore entered into a contract with the City of Round Rock dated , 19 , for construction of Palm Valley Park Gravity Wastewater Improvements WHEREAS, the said Principal is required to guarantee the construction of street i'" men p, hita„ma under said contract, against defects in materials cc date of rocs y develop during the period of n na year(S) from the Ptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION ZS SUCH, that if said Pupal shall faithfully carry cut and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and aIl defects in materials or workmanship in the said work w may described, Period ed, of f one year(S) from the date of acceptance of the project above by owner THE CITY OF ROUND ROCK, TEXAS o r shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason c¢ Principal so to do, then this obligation shall be n and or default of said emain in full force and effect and void; otherwise shall- P8D -8 Fidelity and Deposit Company_ Surety )(Susan Ashwander, Attorney -in -Fact F@ Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice - President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, co Lute and a t Jack W. Davis, Perry Max, Raymon R. Dyer, Melba Butcher, Susan Ash w r and , Marangi, all of Garland, Texas EACH t e true an agent and ttorney -in -Fact of each, to G: kxecute, :,e,.'il1 deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds a tfderta 6...EXCEPT bonds on behalf of Independent Executors, Community Su rs an t unity Guardians... execution o such bonds or undertakings as fully and amply, to all intents and purposes, as officers of the respective Companies at their o This power of attorney revok dated, April 6, 1988. IN WITNESS WHEREOF, the said Vic the Corporate Seals of the said FIDE t hi s IOth STATE OF MARYLAND CITY OF BALTIMORE ` SS: On this 10th day of May , A.D. 19 88 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice- Presidents and Assistant Secretaries of the FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and thew signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my 046 a the C of Baltimore the lay and year first above written. 168 -2874 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY -p - — Asaismut Secretary day of , 19 resents, shall be as binding upon said Companies, executed and acknowledged by the regularly elected d., in their own proper persons. on behalf of Jack W. Davis, etal, t Secretaries have hereunto subscribed their names and affixed MPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY o f May , A D. 1938 ITY AND DEPOSIT COMP t OF ,^ YLAND By_ FIDELITY AND B Public My commission expire% July 1. 1990 CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - Presidents who executed the said Power of Attorney were Vice - Presidents specially authorised by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: '"Chat the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified Dopy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this Assistant Secretary EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice- Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Di rectors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." L1419bITX1—Ca. 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition oI Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Sub - Contractor 1.04 Sub Subcontractor 1.05 Written Notice 1.06 Work 1.07 Extra Work 1.08 Working Day 1.09 Calendar Day 1.10 Substantially Completed 2 Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 2.04 Initial Determinations 2.05 Objections 2.06 Lines and Grades 2.07 Contractor's Duty and Superintendence 2.08 Contractor's Understanding 2.09 Character of Workmen 2.10 Contractor's Buildings 2.11 Sanitation 2.12 Shop Drawings 2.13 Preliminary Approval . 2.14 Defects and Their Remedies 2.15 Changes and Alterations 2.16 Inspectors 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design 3.04 Right of Entry 3.05 Collateral Contracts 3.06 Discrepancies and Omissions 3.07 Equipment, Materials and Construction Plant 3.08 Damages 3.09 Protection Against Accident to Employees and the Public 3.10 Performance and Payment Bonds 3.11 Losses from Natural Causes 3.12 Protection of Adjoining. Property General Conditions of Agreement GC -1 • 3.13 Protection Against Claims of Sub - Contractors, etc. 3.14 Protection Against Royalties or Patented Invention 3.15 Laws and Ordinances 3.16 Assignment and Subletting 3.17 Indemnification 3.18 Insurance 3.19 Final Clean -Up 3.20 Guarantee Against Defective Work 4. Prosecution and Progress 4.01 Time and Order of Completion 4.02 Extension of Time 4.03 Hindrances and Delays 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities 5.03 Price of Work 5.04 Partial Payments 5.05 Use of Completed Portions 5.06 Final Completion and Acceptance 5.07 Final Payment 5.08 Payments Withheld 5.09 Delayed Payments 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right CO Award Separate Contracts 9.02 Mutual Responsibility of Contracts 9.03 Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities GC -2 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 (ca 1 1 1 1 1 1 1 1 1 1 1 ti? 1 1 1; 1 1 General Conditions of Agreement 1. Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and mascu- line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi- neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu- ments shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions. to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors,Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Sub - contractor The term Sub- Contractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor The term Sub - Subcontractor means one who has a direct or indirect contract with a sub-contractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.05 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.06 Work The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin- tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shalt, if required, furnish satisfactory evidence as to the kind and quality of GC-3 materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of •the principal units of the work for a period of not less than seven (7) hours between 7 ;00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or oc- cupancy or the facility is in condition to sarve its intended purpose, but still may require minor miscel- laneous work and adjustment. 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties; responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc. Lions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac• tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts: such approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional GC-4 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 judgment that the work has progressed to the point indicated to the best of his knowledge. information and belief, but such approval of an application for payment to Contractor shall not be deemed as a repre- sentation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci- sion had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac- cordance with the meaning and intent of this contract, either party may file with the Engineer within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress. a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work. so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instruc- tions being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall - be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation. the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop draw- - GC-, ings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being per- formed. as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the com- pleted construction work will conform thereto. and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer. or any of his representatives, whether called to the Contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workmen The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Engineers written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of 5500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, - and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer. with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set- ting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor- rections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsi- bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings GC-6 w.. 7.1.73 1 1 1 1 1 1 1 1 1 s1 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela- tion to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, the obligation to at. once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material: provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re -examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and /or specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price,-if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara- tion for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of GC -7 observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contrator their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu- tion of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi- neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con- tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or estop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep- table work and the re-doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the Contractor shall keep one copy of the same con- stantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is there- fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility GC-8 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I .) 1 1 1 1 1 1 1: 1 1 companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Docu- ments" shall govern. In the event that there is still any doubt as to the. meaning and intent of any por- tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate- rials. supplies. machinery, equipment, tools, apparatus. accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work. until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis- sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident. Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 3.10 Performance and Payment Bonds Unless otherwise specified. it is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supply- ing labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds in the State of Texas. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal. GC -9 3.12 Losses from Natural Causes Unless otherwise specified, all Toss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.11 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construc- tion; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection against Claims of Sub - contractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out of the lawful demands of sub - contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis- sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so; then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate • any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy- right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device. material or process or the product of a particular manufacturer or manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design. device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by the Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws. ordi- nances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces- sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor GC -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with- out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract., to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this con- tract, shall not relieve the Contractor from. his full obligations to the Owner, as provided -by this Agree- ment. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec- tive officers, agents and employees, from and against all damages, claims, losses, demands, suits, judg- ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employeos and any Sub-Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor or Sub - Subcontractor including the loss of use resulting therefrom; and, (2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any SubSubcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports. surveys. Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli- gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub. Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry inurance as follows for the duration of this contract. A. Statutory Workmen's Compensation B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of 5300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. ` GC -11 C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require sub- contractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all re- quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac- tor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance' to be cancelled nor permit any insurance to lapse. AU in- surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10). days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca- tion and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at (east equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so. or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be dis- covered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before ac- ceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis- cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer- tificate stating that the material meets the requirements specified for this project. GC -12 a.. 7.1.77 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con - -tractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of com- pletion designated in the Proposal; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers. or unavoid- able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com- pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse s ather conditions will not be justification for extension of time on "Calendar Day" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and /or com- puted length, area, solid contents, number and weight only shall be considered. unless otherwise spe- cifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approxi- mate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this - contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method. payment shall be for the actual amount of such work done and the material furnished, GC -13 Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided. however, that in case the actual quan- tity of any major item should become as much as 20% more than, or 20% leas than the estimated or con- templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completioo of al] work by the Contractor. and on the completion of all work and on the delivery of all material em- braced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him. and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The state- ment shall also include the value of all sound materials delivered on the job site and to be included in the work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 2Qthday of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may —upon written recommendation of the Engineer — pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the condi- tions stated under "Final Payment." 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed por. tions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work. the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when', in the Contractor's opinion, the contract is "substan- tially completed" and when so notifying the Engineer, the Contractor shell furnish to the Engineer in writing a detailed List of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial comple- tion" of the structure or facility shall not excuse the Contractor from performing all of the work under- taken, whether of a minor or major nature, and thereby completing the structure or facility in accor- dance with the Contract Documents. GC -14 a.., 7,75 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5,06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed. the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contract Documents. the Engi- neer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner within ten (10) days to issue a Certificate of Acceptance of the work to the Con- tractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure- ments and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shell become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill- ment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied or other obligations hereunder not done. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. - 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state- ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully liquidate any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform here- under. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. w.. nias GC -15 In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against' the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in- crease in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) - - By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, .rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus , actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta- tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses. also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made attain- able to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incor- porated in the Written Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained pri- GC -16 1 1 1 1 1 1 f' 1 1 1 1. is 1 1 1 1 1 warily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Wor -k, or as to the payment therefor, and the Engineer insists upon its performance. the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro- vided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ. ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of GC•I7 the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Con- tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case- such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and /or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound there- for. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract. the Contractor and /or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so noti- fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con- tractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract: or when the Contractor and /or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be tumed over to the Contractor and /or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and /or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools. materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing. or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the GC.18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety. to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are usedl, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, ands reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (301 days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep- tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub. contractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person oz organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig- nated. with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub- mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued: however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. GC -19 8.02 Subcontractual Relations • All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate' written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac- tors and Sub-subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Docu- ments: (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract: (4) require that all claims for additional costs. extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. - 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, Tess the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor. the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent com- pleted, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, "The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coor- dinate his work with theirs. GC-20 1 1 1 1. . 1 1 1 Y 1 1 1 1 1 SC' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the'execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts ' The Contractor shall be responsible for any cutting, fitting and patching that may be required to com- plete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill• timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: - (1) all employees on the work and all other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein. whether in storage or or .off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs. lawns, walks, pave- ments, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. n<.. 7.1.75 GC -21 All Blasting, including methods of storing and handling explosives and highly inflammable materials. shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the amount of 5300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explo- sives. If Blasting is covered under the Contractor's General Insurance Certificate for each contract. a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap- proval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38.11.201, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully re- sponsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contrac- tor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig- nated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work • area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC-22 Row. r.,.» 1 1 1 1 1 1 1 1 1 1 5.0 SPECIAL CONDITIONS 1 1 ' SECTION 01- INFORMATION 01 -01 ENGINEER ' The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED 1 The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES ' All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and ' uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such ' extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. 01 -06 USAGE OF WA R All water used during construction shall be provided by the ' City. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The ' Contractor will be required to pay for all water used if it is found that unnecessary or excesive waste is occurring during construction. 1 1 01 -07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of The General Conditions, then the pay estimate will not be processed and will be returned to the Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to caimiencing construction, it shall be the ' Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain I utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. ' 02 -02 "AS- BUILTS" DRAWINGS The Contractor shall mark all changes and revisions on all of I his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall ' submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labled as "As- Builts ", that shows all changes and revisions outlined above and that shows field locations of I all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance I shall be located by at least two (2) horizontal distances measured from existing, easilty identifiable, immovable appurtenances such as fire hydrants or valves. Property pins I can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for developing as -built drawings shall be subsidiary to other bid items. 1 02 -03 LANDS FOR WORK I Owner provides, as indicated on Drawings, land upon which work is to be done., rights - of-way for access to same and such other lands which are designated for use of Contractor. II Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 1 SC -2 1 1 1 1 02 -04 UTILITY SERVICES FOR CONSTRUCTION The Constractor will be responsible for providing his own I utility services during construction. No additional payment will be made for this item. 02-05 GUARANrFRS 1 Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship or materials for a I period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction which develop during specified period at no cost to Owner. Neither final I acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves contractor of above guarantee. Notice of observed defects will be given with 1 reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 1 02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present 1 obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine if existing improvements are to be relocated, or grade and 1 alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and I have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to I changes made by owners of privately owned utilities which hinder progress of the work. 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 LIMIT OF FINANCIAL RESOURCES 1 The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change 1 and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no 1 SC -3 1 1 claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -09 CONSII'RUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -10 LIMITS OF FORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the limits of work shall be left up to the interpretation of the Engineer. 02 -11 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -12 CONSTRUCTION STAKING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. Protection of Stakes, Marks, Etc. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be re- staked by the Contractor at the contractor's sole expense without additional compensation by the Owner. The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, written certification that ALL property pins are in place prior to his moving off the job site. Such certification will be expected of each Contractor involved with the project. SC -4 SECTION 03- INSURANCE 03 -01 Insurance policies must be obtained by the Contractor or separate endorsement obtained by his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public properties, etc. The principal types of insurance which will be necessary are: Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this contract and until all work under said Contract has been completed and accepted by the Owner, a comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 3.17 in the General Conditions entitled "Indemnification ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $300,000 each person $300,000 each accident Property Damage $100,000 each accident $100,000 aggregate A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims or property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated above, and in the same amount of liability. Worker's Compensation and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. SC -5 Owner's Protective as required by the General Conditions of the Agreement. SECTION 04 CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e. Fire Dept., E.M.S., Public Works, etc.,). At the end of each day two lanes of traffic shall be opened to the public. The contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary and no additional compensation shall be given for complying with this Special Condition. SECTION 05- MAINTENCANCE BOND Per City of Round Rock Ordinance, a two (2) year Maintenance Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. A one (1) year Maintenance Bond will be required for all other improvements. SC -6 6.0 TECHNICAL SPECIFICATIONS ITEM 1 1.01 GENERAL DESCRIPTION SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connetion with the installation of sewage collection facilities complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parenthesis a d j acent to captions is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock, Texas. ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. T - 1 2.01.2 BACKFORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to continence until the back work is done to the Engineer's satisfaction. 2.02 GRADING Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. The Contractor shall do such grading in the area adjacent to the construction area associated with this contract as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF FORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor alignment and reference hubs for utility excavation at an agreed interval and offset, together with cut sheets showing the difference in elevation from top of the stakes to the flow line of the utilities at centerline. T - 2 4.03 This construction staking will be provided one (1) time at the sole expense of the Owner. All re- staking will be provided by the Contractor and paid for by the Contractor at his sole expense without additional compensation by the Owner. PROTECTION OF STAKES, MARKS, ErC. All engineering and corners, etc., shall Contractor, and in case course of this project, etc., shall be replaced sole expense. T - 3 surveyor's stakes, marks, property be carefully preserved by the of destruction or removal during the such stakes, marks, property corners, by the Contractor at the Contractor's The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, a certification that ALL property pins are in place prior to his moving off the job site. Such certification will be expeted of each Contractor involved with the project. The Contractor's final pay estimate will not be released to the Owner for payment until all property corners in the Project have been verified in place to the Engineer's satisfaction. 3.04 CUT SHEETS - OTHER THAN THE CITY OF AUSTIN The Engineer shall furnish two (2) copies of cut sheets to the Contractor. The Contractor shall be responsible for acquiring cut sheets at the office of the Engineer. TTEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right - of-way but only with approval of the Engineer. BARRICADES Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. 4.04 PROPERTY LINES AND vomum NPS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. 1T EM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in. T - 4 the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. ITEM 6 WASTEWATER COLLECTION SYSTEM 6.01 MATERIALS (Item 510) Wastewater mains shall be P.V.C. SDR 35 (ASTM D 3034) for gravity lines and P.V.C. SDR 26 (ASTM D 2241)for pressure lines. Ductile iron pipe and ductile iron fittings when called for will be Class 50 (AWWA C 100) unless shown otherwise. 6.02 TESTING (Item 510) All gravity wastewater lines and manholes shall be tested under the supervision and direction of the Engineer. The Contractor shall perform all tests and furnish all equipment and materials at his sole expense. No separate pay will be provided for testing lines and manholes constructed under this contract. The Contractor shall notify the Engineer no less than 24 hours prior to beginning testng. All tests shall be performed in the presence of a representative of the Owner. Testing of all gravity wastewater lines shall be by Low Pressure Air Test as outlined in item 510.3(26)(e) of the City of Austin Standard Specifications. All gravity wastewater mains shall be tested for deflection by mandrel pulling as directed by the Engineer. Testing for all wastewater manholes shall be accanplished by the Vacuum Testing Method. No manhole shall be tested until it has been completely assembled, all connecting pipes or stubs are in place, all lift holes have been plugged with a non - shrinking mortar as approved by the Engineer, and all seals between manhole sections are in accordance with ASTM C923. All testing materials untilized shall be capable of resistng the testing pressures. The testing equipment rust include a pressure relief device and shall allow for continous, above- ground monitoring of the test. The Engineer may, at any time, require a calibration check of the instrumentation used. Vacuum Testing procedures shall be as follows: 1. The Contractor shall plug all pipe openings. All plugs and piping shall be securely braced to withstand the testing pressures. T - 5 2. The Vacuum Testing apparatus shall t er. .a °r in place and the following performed: A. Inflate compression band to 40 PSI to effect a seal between the vacuum base and the structure. B. Connect the vacuum pump to the outlet port with the valve open. C. Draw a vacuum to 10" of Hg and close the valve. 3. The test shall pass if, after one - and -a -half minutes, the vacuum remains at 10" 13g or does not drop below 9" Hg. If the manhole fails the test, the Contractor shall make all necessary repairs and corrections and retest the manhole in accordance with the aforementioned procedures until the test is passed. 6.03 STANDARD DETAILS The "Standard Details" shall be followed as included in the Plans. 6.04 MEASUREMENT AND PAYMENT Unless stated otherwise in the Contract Documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances, constructing and completing the item on which payment is made. The following items from the City of Austin Standard Specifications are modified as related to measurement and payment 6.04.1 PIPE Qtem 510) When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot for the size and type of pipe specified at the depth p cified, complete in place. The bid price per linear foot shall include all excavation, bedding material, fittings, plugs, pipe coatings, connection to the existing system, backfi ling, testing, disposal of surplus materials, and clean up. Measurement for depth shall be from the existing ground surface or proposed street subgrade, whichever is less, over the centerline of the pipe to the flow line of the pipe. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. T -6 6.04.02 MANHOLES (Item 506) When called for in the proposal, standard manholes or drop manholes (eight (8') feet or less in depth) shall be paid for at the unit contract price bid per each of the type specified, complete in place including testing. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in the bid item for manholes. 6.04.03 EXTRA DEPTH FOR MANHOLES (Item 506) When called for in the proposal, manholes with extra depth over eight (8') feet will be paid for at the unit contract price bid per vertical foot including all excavtion, coatings, backfilling and testing, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in the bid item for manholes. 6.04.04 CONCRETE ENCASEMENT OR CRADLE (Items 505 & 510) When called for in the proposal, concrete encasement or cradle shall be paid for at the unit contract price bid per linear foot for the size of pipe specified, complete in place. 6.04.05 SEWER SERVICES (Items 510) Sewer services shall be paid for at the unit price bid per each, complete in place, including tap to main, fittings as required, pipe, risers, plugs, and appurtenances. 6.04.06 ADJUSTING STRUCTURES (Item 504) Adjustment of manholes to finished grade shall not be measured or paid separately. The cost of such adjustments will be considered subsidiary to the bid item for manholes. Manhole frames and covers shall be raised to finshed grade in all paved areas and to 6 inches above natural ground in unpaved areas unless otherwise noted on the plans. TTEM 7 EROSION CONTROL MEASURES (Series 600) This item shall govern the furnishing, placing, maintaining and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for all disturbed areas and in accordance with the Plans. All T - 7 temporary erosion control measures including hay bales, rock berms, fabric fence and brush piles shall be erected at the locations as required, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of disturbed area and spoil sites shall include spreading of top soil, shaping, hydromulching or seeding in accordance with the Plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance with the Plans. The bid price per lump sum shall include all excavation, materials, shaping, hauling, maintenance, removal at completion of project, disposal of surplus materials, hydranulching or seeding and clean up. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. ITEM 8 PROVISIONS FOR KEEPING EXISTING WASTEWATER MAINS IN SERVICE When required by the Engineer, the Contractor shall make provisions to ensure that all existing wastewater mains remain in service during contruction. Such provisions may include but not be limited to: Bypass pumping or laying temporary mains. Prior to construction, the Contractor shall submit to the Engineer for his approval, a proposed plan for providing such provisions. No separate payment will be made for this item. Costs for providing these provisions shall be subsidiary to other bid items. T -8 ITEM 100 -A TRENCH SAFETY SYSTEMS T- 9 T - 10 Item No. 100 -A Trench Safety Systems 100.1 Description This item shall consist of designing, furnishing, installing, and maintaining trench safety systems required for the construction of trench excavation and backfill made necessary by the safety system. A trench shall be defined as a narrow excavation made below the surface of the ground. In general the depth is greater than the width but the width is not greater than 15 feet. Trench Safety Systems include, but are not limited to sloping, sheeting, trench shields or boxes, sheet piling, cribbing, bracing, shoring, dewatering, or diversion of water to provide adequate drainage. 100.2 Safety Safety of personnel on the work site is of paramount importance to the Owner. Contractor shall initiate and maintain a trench safety training program which shall provide for frequent and regular training sessions. The trench safety program shall be in accordance with Occupational Safety and Health Administration (OSHA) standards govern- ing the presence and activities of individuals working in and around trench excavation. Contractor shall submit documentation of the existence and content of the safety training program at or before the Pre- Construction Confer- ence. At or before the Pre- Construction Conference, the Contractor shall also submit a letter signed by an officer of the entity certifying that no employee of the Contractor or Subcontractor will be alloyed in or near a trench excavation on this project unless the employee has first successfully completed training in basic trench safety subjects. In the same letter, the Contractor shall also name the "competent person" (foreman or superintendent) who is to be reasonably available to the project at all times when trench construction work is in pro- gress and who is empowered to act for the Contractor in trench safety matters. The competent person shall be one who is capable of identi- fying existing hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate those conditions. . 3/30/88 100 -A 100.3 Trench Safety Plan Within three weeks following the opening of bids, the Contractor shall submit to the Engineer /Architect, a plan for a Trench Safety System which shall conform to the provisions of Subpart P, Part 1926 of the Code of Federal Regulations and which shall be capable of being in- stalled within the available work space. Failure to submit the re- quired plan within the allowable time may be cause for rejecting a proposal as being non- responsive. The plan shall be prepared and sealed by a Professional Engineer, registered in the State of Texas and qualified by experience to design such systems. The plan shall contain as a minimum the following: 1. A plan or other designation of the areas in which each type of system shall be used. 2. Drawings, manufacturer's data, or other method of identifying the various elements of the system with sufficient specific- ity to allow positive identification during construction, and installation requirements sufficient to allow field verifica- , tion of proper installation. 3. Manufacturer's written specifications, recommendations, limitations, and manufacturer's permission to deviate from those specifications, recommendations, and limitations. 4. Engineering calculations or manufacturer's certifications showing that the system is designed to withstand anticipated loadings and to provide protection throughout the full depth of the trench. Loads used for design of the Trench Safety System shall be as determined by the. Contractor's geotechni- cal consultant except in that no case shall the design load- ings used be less than 45 psf per foot of height of the trench plus adjacent soil bank for shoring systems or less than 55 psf per foot of height of the trench plus soil bank for trench shield or trench box design. 5. If proper installation of the proposed Trench Safety Plans require trench widths in excess of those noted in the Standard Details or Standard Specifications, the plan shall also contain engineering calculations showing that the additional loadings imposed by the increased width do not result in a need for a stronger class of pipe. If the calculations show that a stronger class of pipe is required, the additional cost shall be included in the price bid for construction of the pipe. The purpose of submittal review by the Engineer /Architect is to deter- mine that the Contractor has planned the trenching work and the trench safety systems required, that a qualified professional engineer has assisted the Contractor in this planning, and that the plan is in general conformance with the project design requirements. The review 3/30/88 100 -A T -11 of submittals does not relieve the Contractor of full responsibility for trench safety, including selection, excavation and construction procedures, methods and materials. The Contractor is solely responsi- ble for any and all property damage or bodily injury, including death, that arises from his trenching activities, whether or not performed in accordance with the submittals. 100.4 Soils Information The Owner may have obtained geotechnical information, which may include sub - surface data, logs of soil borings, and recommendations from geotechnical consultants. Any information obtained is solely for use by the City and/or its design consultants in the design of the project and are not part of the contract. If soil borings have been prepared they will be included in Section 00220 of this Project Manual or on the plans. Any geotechnical information included is for information only. The City and its design consultants do not guarantee the accuracy or validity of the data, nor do they assume any responsibility for any interpretations or conclusions the Contractor may dray from the data. The Contractor shall provide to the Contractor's Professional Engineer all information needed to design the Trench Safety System required by Section 100.3• The Contractor may, at his option, perform additional sub - surface investigations at his own expense. 100.5 Inspections Contractor's "competent person" shall inspect the trench, the adjacent area, and the trench safety system each day, before allowing workers to enter the trench, for evidence of any situation which might result in unsafe working conditions and to ensure the system meets OSHA requirements. Such inspections shall also be performed following rainfall or any other occurrence, such as encountering unexpected sub - surface conditions, which could result in hazardous conditions. If evidence of possible cave -ins or slides is noted, or any time a safety system is damaged, work shall immediately cease and all personnel shall be removed from the trench. Personnel shall be required to remain outside the trench until the necessary repairs, reinforcement, or other appropriate actions have been taken as directed by Contractor's "competent person ". After the appropriate action has been taken the "competent person" shall inspect and approve the work before allowing the personnel to re -enter the trench. The Contractor shall maintain a permanent record of inspections which shall be made available to the Owner upon request. T- 12 3/30/88 100 -A 100.6 Construction Methods Trench safety systems shall be constructed in accordance with the detailed specifications set out in the provisions of Excavations, Trenching, and Shoring, U.S. Department of Labor Occupational Safety and Health Administration (OSHA) Regulations, 29 CFR, Part 1926, Subpart P. A reproduction of the specifications is attached for the convenience of the Contractor. The Owner assumes no responsibility for the accuracy of the reproduction. The Contactor is responsible for obtaining a current copy of this section of the Federal Register for use during the project. Contractor shall not allow any employee to enter any trench at any time, including during excavation, construction, backfilling, or other such operations, unless the proper Trench Safety System is in place in that section of trench. Contractor shall at all times safely guard all property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his on work and any adjacent property from damage. Contractor shall repair, replace, or otherwise make good any such damage, loss, or injury arising out of Contractor's excavation operations. 100.7 Alternate Designs During construction, the Contractor may desire to utilize an alternate trench safety system due to unexpected conditions, to expedite the construction, or for some other reason. The plan for the proposed alternate system shall be prepared in conformance with Section 100.3 by Contractor's Professional Engineer and submitted to the Architect /Engineer for approval. Contractor shall not begin utilization of any alternate system until the substitution is authorized by change order. 100.8 Indemnification The Contractor shall indemnify and hold harmless the City, its employees, its agents, and its design consultants, from any and all damages, costs (including, without limitation, legal fees, court costs and the cost of investigation), judgments, or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. The Contractor acknowledges and agrees that this indemnity provides indemnity of the City in case the City is negligent either by act or omission in providing trench safety, including, but not limited to inspection, failure to issue stop work orders, and the hiring of the Contractor. T - 13 3/30/88 100 -A 100.9 Measurement Trench safety systems shall be measured by linear foot of actual system installed along the centerline of trench when depth exceeds five feet, completely installed to Contractor's approved plan and specifications, maintained, and removed when no longer required, including any excavation required for installation, and any additional backfilling caused by such installation. 100.10 Payment Payment for Trench Safety Systems, measured as prescribed above, will be made at unit price bid per linear foot for safety systems in Contractor's approved plan and specifications, which price shall include special clearing, excavation and backfilling. Payment for general clearing, excavation, bedding, pipe, backfill and restoration of vegetation or street surfaces are not included in this item, but will be paid under other items bid. Payment will be made under the following pay item: Safety Systems Excavations and Trenches (all depths exceeding 5 feet) - Per Linear Foot. End. T - 14 3/30/88 100 -A Appendix CONSTRUCTION Safety & Health Regulations Pert 1920 Subpart P— Excavations, Trenching, and Shoring 1920.1350 -- General protection requirements. (a) Walkways. runways, and sidewalks shall be kept clear of ex- cavated material or other obstructions and no sidewalks shall be undermined unless shored to carry a minimum live Toad of one hun- dred and twenty -five (125) pounds per square fool. (b) If planks are used for raised walkways, runways, or sidewalks, thcy shall be laid parallel to the length of the walk and fastened together against displacement. (c) Planks shall be uniform in thickness and all exposed ends shall be provided with beveled cleats to prevent tripping. (d) Raised walkways, runways, and sidewalks shall be provided - with plank steps on strong stringers. Ramps, used in lieu of steps, shall be provided with cleats to insure a safe walking surface. (c) All cmployccs shall bc protected with personal protective equipment for the protection of the head, eyes, respiratory organs, hands, feet, and other parts of the body as set forth in Subpart E of this part. (I) Employees exposed to vehicular traffic shall be provided with and shall be instructed to wear warning vests marked with or made of rc0ectorized or high visibility material. (g) Employees subjected to hazardous dusts, gases, fumes, mists, or atmospheres deficient in oxygen, shall be protected with approved respiratory protection as set forth in Subpart D of this part. (h) No person shall be permitted under Toads handled by power shovels, derricks, or hoists. To avoid any spillage employees shall be required to stand away from any vehicle bcing loaded. (i) Daily inspections of excavations shall be made by a compe- tent person. If evidence of possible cave -ins or slides is apparent, all work in the excavation shall cease until the necessary precautions have been taken to safeguard the employees. 1928.851 — Specific excavation requirements. (a) Prior to opening an excavation, effort shall bc made to deter- mine whether underground installations, i.e., sewer, telephone, water, fuel, electric lines, etc., will be encountered, and if so, where such underground installations are located. When the excavation approaches the estimated location of such an installation, the exact location shall be determined and when it Is uncovered, proper sup- ports shall be provided for the existing Installation. Utility com- panies shall be contacted and advised of proposed work prior to the start of actual excavation. — (b) Trees, boulders. and other surface encumbrances, located so as to create a hazard to employees involved in excavation work or in the vicinity thereof at any time during operations, shall be removed or made safe before excavating is begun. (c) The walls and faces of all excavations In which employees are exposed to danger from moving ground shall be guarded by a shor- ing system, sloping of the Around, or some othcr equivalent means. (d) Excavations shall bc inspected by a competent person after every rainstorm or other hazard - increasing occurrence, and the protection against slides and cave -ins shall be increased if necessary. (c) The determination of the angle of repose and design of the supporting system shall be based on careful evaluation of pertinent factors such as: Depth of cut; possible variation in water content of the material while the excavation is open; anticipated changcs in .materials from exposure to air, sun, water, or freezing; loading im- posed by structures, equipment, overlying material, or stored material; and vibration from equipment. blasting, traffic, or other sources. (1) Supporting systems, i.e., piling, cribbing, shoring, etc., shall be designed by a qualified person and meet accepted engineering re- quirements. Whcn tic rods are used to restrain the top of sheeting _ or other retaining systems, the rods shall be securely anchored well back of the angle of rcpose. When tight sheeting or sheet piling is uscd, full loading due to ground water table shall be assumed, unless prevented by weep holes or drains or other means. Addi- tional stringers, ties, and bracing shall be provided to allow for any necessary temporary removal of individual supports. (g) All slopes shall be excavated to at least the angle or repose ex- cept for areas where solid rock allows for line drilling or presplit- ting. (h) The angle of repose shall be flattened when an excavation has water conditions, silty materials, loose boulders, and areas where erosion, dccp frost action, and slide planes appear. (1) (I) In excavations which employees may be required to enter, excavated or other material shall be effectively stored and retained at least 2 feet or more from the edge of the excavation. (2) As an alternative to the clearance prescribed In sub- paragraph (I) of this paragraph, the employer may use effective barriers or other effective retaining devices in lieu thereof in order to prevent excavated or other materials from falling into the ex- cavation. (j) Sides, slopes, and faces of all excavations shall meet accepted engineering requirements by scaling, benching, barricading, rock bolting, wirc meshing, or other equally effective means. Special al- 13 tent {on shall be given to slopes which may be adversely of petted by weather or moisture content. (k) Support systems shall be planned and designed by a qualified person when excavation is in excess of 20 feet in depth, adjacent to structures or improvements, or subject to vibration or ground wafer. - (1) Materials used for sheeting, sheet piling, cribbing, bracing, stirring, and underpinning shall be in good serviceable condition, and timbers shall bc sound, free from large or loose knots, and of proper dimensions. (m) Special precautions shall be taken in sloping or shoring the sides of excavations adjacent to a previously back filled excavation or a fill, particularly when the separation is Tess than thc depth of the excavation. Particular attention also shall be paid to joints and scams of material comprising a face and the slope of such scams and joints. (n) Except in hard rock, excavations below the level of the base of footing of any foundation or retaining wall shall not be permit- ted, unless the wall is underpinned and all other precautions taken to insure the stability of thc adjacent walls for the protection of employees involved in excavation work or in the vicinity thereof. (o) If the stability of adjoining buildings or walls is endangered by excavations, shoring, bracing, or underpinning shall be pro- vided as necessary to insure their safety. Such shoring, bracing, or underpinning shall be inspected daily or more often, as conditions warrant, by a competent person and the protection effectively maintained. (p) Diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering an excavation and to provide adequate drainage of the area adjacent to the excavation. Water shall not be allowed to accumulate in an excavation. (q) 1 f it is necessary to place or operate power shovels, derricks, trucks, materials, or other heavy objects on a level above and near an excavation, the side of the excavation shall be sheet - piled, shored, and braced as necessary to resist the extra pressure due to such superimposed loads. (r) Blasting and the use of explosives shall be performed in ac- cordance with Subpart U of this part. (s) When mobile equipment is utilized or allowed adjacent to ex- cavations, substantial stop logs or barricades shall be Installed. If possible, thi grade should be away from the excavation. (1) Adequate barrier physical protection shall be provided at all remotely located excavations. All wells, pits, shafts. etc., shall be barricaded or covered. Upon completion of exploration and similar operatlons.temporary wells, pits, shafts, etc., shall be back(illed. (u) 1( possible, dust conditions shall be kept to a minimum by the use of water, salt, calcium chloride, oil, or other means. (v) In locations where oxygen deficiency or gaseous conditions are possible, air in the excavation shall be tested. Controls, as set forth in Subparts D and E of this part. shall be established to assure acceptable atmospheric conditions. When flammable gases are pre- sent, adequate ventilation shall be provided or sources of ignition shall be eliminated. Attended emergency rescue equipment, such as breathing apparatus, a safely harness and line,, basket stretcher, etc., shall be readily available where adverse atmospheric condi- tions may exist or develop in an excavation. (w) Where employees or equipment arc required or permitted to cross over excavations, walkways or bridges with standard guard- rails shall bc provided. (x) Where ramps are used for employees or equipment, they shall be designed and constructed by qualified persons in accord• ante with accepted engineering requirements. (y) All Iaddcrs.uscd on excavation operations shall be in accord- ance with the requirements of Subpart L of this part. 1928.852 Speclllc !ranching requIremanta. (a) Banks more than 5 feel high shall be shored, laid back to a stable slope, or some other equivalent means of protection shall be provided where employees may be exposed to moving ground or cave -ins. Refer to Table P -I as a guide in sloping y of Trenches Tess than 5 feet in depth shall also be effective) when examination of the ground indicates hazardous ground movement may be expected. (b) Sides of trenches in unstable or soft material, 5 feet or more in depth, shall be shored, sheeted, braced, sloped, or otherwise sup- ported by means of sufficient strength to protect the employees working within them. Sec Tables P -1, P -2 (following paragraph (I) of this section). (c) Sides of trenches in hard or compact soil, including em- bankments, shall be shored or otherwise supported when the trench is more than 5 feel in depth and 8 feet or more in length. In lieu of . shoring, the sides of the trench above the 5 -foot level may be sloped to preclude collapse, but shall not be steeper than a 1-foot rise to each ',S -foot horizontal. When the outside diameter of a pipe 13 greater than 6 feet, a bcnch of 4 -foot minimum shall be provided at the toe of the sloped portion. (d) Materials used for sheeting and sheet piling, bracing, shor- ing, and underpinning, shall bc in good serviceable condition, and timbers used shall be sound and free from large or loose know, and 15 E. i MI NM M OM WI I — NM I MI M shall be designed and installed so as to be effective to the bottom of the excavation. (c) Additional precautions by way of shoring and bracing shall bc taken to prevent slides or cave -ins when excavations or trenches are made in locations adjacent to backfilled excavations, or where excavations are subjected to vibrations from railroad or highway traffic, the operation of machinery, or any other source. (1) Employees entering bell- bottom pier holes shall be protected by the installation of a removable -type casing of sufficient strength to resist shifting of the surrounding earth. Such Temporary protec- tion shall be provided for the full depth of that part of each pier hole which is above the bell. A lifeline, suitable for instant rescue and securely fastened to a shoulder harness, shall be worn by each employee entering the shafts. This lifeline shall be individually manned and separate from any line used to remove materials ex- cavated from the bell footing. (g) (I) Minimum requirements for trench timbcring shall bc in accordance with Table P -2. (2) Bracts and diagonal shores in a wood shoring system shall not be subjected to compressive stress in excess of values given by the following formula: S= 1300— 20L D Maximum ratio L. = 50 D Where: L = Length, unsupported, in inches. D = Least side of the limber in inches. S = Allowable stress in pounds per square inch of cross - section. (h) When employees are required to be in trenches 4 feet deep or more, an adequate means of exit. such as a ladder or steps shall be provided and located so as to require no more than 25 feet of lateral travel. (i) Bracing or shoring of trenches shall be carried along with the excavation. (j) Cross braces or trench jacks shall be placed in true horizontal position, bc spaced vertically, and be secured to prevent sliding, falling, or kickouts. (k) Portable trench boxes or sliding trench shields may be used for the protection of personnel in lieu of a shoring system or slop- ing. Where such trench boxes or shields are used, they shall be designed, constructed, and maintained in a manner which will pro- vide protection equal to or greater than the sheeting or shoring re- quired for the trench, 16 INN — — = MN (I) Backfilling and removal of trench supports shall progress together from the bottom of the trench. Jacks or braces shall be released slowly and, In unstable soil, ropes shall be used to pull out the jacks or braces from above after employees have cleared the trench. a• r.l HanOT. S..,. ...w Nm. ..ms, r.a 5 1. one B.- k*. 11., r,,W.r, a CmN W.,, .,. 5a6.1 NY E T r APPROXIMATE ANGLE OF REPOSE FDR SLOPING OF SIDES OF EXCAVATIONS 17 gz 9 0 22 3 s. r 3 t 9 5 A 1928.1353—DellnIllons applicable to this subpart. (a) "Accepted engineering requirements (or prac(ices)"—Those requirements or practices which are compatible with standards re- quircd by a registered architect, a registered professional engineer, or other duly licensed or recognized authority. (b) "Angle of repose"—The greatest angle above thc horizontal plane at which a material will tic without sliding. (c) – Bank"— A mass of soil rising above a digging level. (d) "Belled excavation"—A part of a shaft or footing CXCAVA- tion, usually near the bottom and bell-shaped; i.e., an enlargement of the cross section above. (c) "Braces (trench)"--The horizontal members of the shoring system whose ends bear against the uprights or stringers. (f) "Excavation"—Any manmade cavity or depression in the earth's surface. including its sides, walls, or faces, formed by earth removal and producing unsupported earth conditions by reasons of the excavation. If installed forms or similar structures reduce the depth-to-width relationship, an excavation may become a trench. (g) "Faces"—See paragraph (k) of this section. (h) - Hard compact soil"—All earth materials not classified as running or unstable. (1) "Kickouts"—Accidental release or failure of a shore or brace. (j) "Sheet pilc"—A pile, or sheeting, that may form one of a continuous interlocking line, or a row of timber, concrete, or steel piles, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials. (k) "Sides," "Walls," or "Faccs"—The vertical or Inclined earth surfaces formed as a result of excavation work. (I) "Slope—The angle with the horizontal at which a particular earth material will stand indefinitely without movement. (m) "Stringers" (wales)—The horizontal members of a shoring system whose sides bear against the uprights or earth, (n) "Trench"—A narrow excavation made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench is not greater than 15 feet. (o) "Trench jack"—Screw or hydraulic type jacks used as cross bracing in a trench shoring system. (p) "Trench shield"—A shoring system composed of steel plates and bracing, welded or bolted together, which support the walls of a trench from the ground level to the trench bottom and which can be moved along as work progresses. • EM 8 MI EMI I= MO NM 19 Mrn MEM