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R-89-1250 - 3/9/1989WHEREAS, the City of Round Rock has requested bids for repairs to the Bowman Road Water Tank, and WHEREAS, Ranger Welding & Construction Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Ranger Welding & Construction Company, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Ranger Welding & Construction Company 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 Ranger Welding & Construction Company for repairs to the Bowman Road Water Tank. RESOLVED this 9th day of March, 1989. ATTEST: E C39RESRANGER LAND, City Secretary RESOLUTION NO. /aSDk ,k,a4 MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: March 7, 1989 SUBJECT: Council Agenda, March 9, 1989 ITEM: 13E. Consider a resolution authorizing the Mayor to enter into a contract for repairs to the Bowman Road Water Tank. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: To accept bid of Ranger Welding and Construction for $58,000.00. ECONOMIC IMPACT: The tank repair portion of this work is to be paid by insurance company. The painting is part of the CIP. CITY OF ROUND ROCK PU _BLIC. WORKS PROJ ECT BOWMAN ROAD STORAGE TANK TANK REPAIR 19 88 SPECIFICATIONS . AND CONTRACT DOCUMENTS 0 b"ME MILLCR • 64524 a '/ /-?.5012 1 1 1 1 1 1 1 • 1 l 1 1 1 1 1 1 1 1 Mayor Mike Robinson Mayor Protem Ronnie Jean Council Members John Hood Glenn T. King Pete Correa Charles Culpepper Trudy L Lee City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets ADDENDUM NO.1 Bowman Road Tank Repair: Addendum No. 1 to the Plans, Contract Documents and Specifications for the Bowman Road Tank Repair for the City of Round Rock. 1. The Contract Documents and Specifications - Technical Specifications, Section O1- Summary of Work. Add the following: "The steel plates removed from the tank shall become the property of the Contractor. As such, the Contractor shall be responsible for removing from the project site all tank steel associated with this repair and within the scope of this contract." 2. The Contract Document and Specification - Reference Sheet 3 and Sheet 4. The 12" overflow is to be ganged. The nee overflow size is 18" diameter. n D. Miller, P Public Works Department THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512 - 255.3612 February 7, 1989 221 East Main Street Round Rock, Texas 78664 512- 255-3612 The Contract ° Documents and Specifications - Reference sheet 3 of the plans. Add the following note: "Contractor to replace everything above the 48" outline with new material. This includes, but shall not be limited to, the center column, rafters, and Wier box. if:Mayor Mike Ro bi rssun ' : 'Mayor Pro -tem ;':Ronnie Jean r Council Members Hood I tit.John Glenn T. King Pete Correa Charles Culpepper Trudy L Lee 1 City•Manager :. "', Robert L Bennett Jr. -. City Attorney Stephan L. Sheets TABLE OF CONTENTS Title Sheet Table of Contents Notice to Contractors Proposal and Proposal Bidding Sheets AyLC e ment Bid Bond Performance Bond Payment Bond Maintenance Bond Certificate of Insurance Notice of Award Notice to Proceed General Conditions of Agreement Special Conditions of Agreement Technical Specifications NOTICE TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas, 78664, for furnishing all labor, material and equipment and performing all work required for the construction of BOWMAN ROAD TANK REPAIR (This project involves replacing the roof deck and top shell ring and repainting the entire tank). Bids will be received until Tuesday, February 14, 1989, at 2:00 P.M. then publicly opened and read aloud. No hires may be withdrawn after the scheduled opening time. Any bids receiv after scheduled bid opening time will be returned unopened. All Bids shall be accompanied by a Cashier's Check or Certified Check in the amount of not less than five (5%) of the total amount of the base bid, payable to the City of Round Rock, or an acceptable bid bond in the same amount, as a guarantee that the bidder will enter into a contract within ten (10) days after written notice of award. Proposal forms, specifications, and Instructions to Bidders may be obtained from the Department of Public. Works, 300 South Blair, in Round Rock, Texas, beginning Monday, January 23, 1989, for a nonrefundable charge of $10.00 per set. In rasp 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 re e ct any or all bids and waive any informalities and irregularities in the be 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 d in the bid documents. JOANNE LAND City Secretary City of Round Rock PROPOSAL TO CITY COUNCIL. OF THE CITY OF ROUND ROCK FOR THE BOWMAN ROAD TANK REPAIR PROJECT The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that his proposal is made without collusion with any other person, form or corporation; that he has carefully examined the form of contract, Notice to Contractors, inviting bids, conditions or classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specification in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. IL is further agreed that lump sum prices may be increased to cover additional work ordered by theEngineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. it is understood and agreed that the work is to be completed within the time herein stated. The undersigned bdder agrees to commence work within ten (10) days after written Notice to Proceed has been given. • ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the foregoing bid items are the only items of payment under this contract and that his bid price under the items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the plans, specifications, and contract documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location af the proposed work, the plan drawings, specifications, and all other parts of the Contract Documents, and is familiar with the 1oc 1 conditons at the place where the wank is to be performed. CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the wank in C70 calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to react any or all Proposals ar to waive any informalities of technicalities in any proposal in the interest of the Owner, except as sperifirally limited by the terms of the Contract Documents or applicale Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda: Addendum No. 2 Page 2 of 4 Dated 2.- 7.89 2 -8 -89 /014,1a, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SUBMISSION OF THE PROPOSAL in accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by: (1) Name RA.04E4. Cf1E -LD/NL # CDnI,S-77 (2) Address /er / B.oX ill Z GED e e e44 CTX 716/1 (3) Phone Number 572- 3 2 /- /612 3 (4) Type of firm: ( I' ) Individual, ( ) Partnership, ( ) Corporation (5) Corporation organized under the laws of the State of (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 1 f9Al /4. 5 / dox eoeSEA (7) Numbers of years experience 2S (8) List at least three (3) similar projects completed as of recent date: Contract Amount/Class of Work/Date Completed/Name and Address of Owner $ t. ry of AusThr /98k $ B E/I Coy.J7y W.0 t.I). 3 /975 $ G Ty DA 4l5i A✓ l9'7 (9) List the name and address of each subcontractor who will perform work in cr about the work cr improvement in excess of one -half (1/2) of one percent (1%) of the total bid price and indicate what part of the work will be done by each subcontractor: Name Address Work to be Performed Page 3 of 4 (10) Payment of taxes, in the State of Yes No (11) If requested by the Owner, the Low Bidder shall submit a notarized financial statement, financial data or other information and references s ffiriently comprehensive to permit an appraiaa1 of his current financial conditions. (12) This proposal is respectfully submitted by: tare a 0N4P 2 - I N - 49 Title Date Page 4 of 4 PROPOSAL BIDDING SHEET JOB NAME: Bowman Road Ground Storage Tank Repair JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas 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 superintendance, labor, machinery, equipment, tools, matt rims insurance and miscellaneous items, to complete all the work on which he bi1a as provided by the attached supplemental specifications, and as shown on the plans for the construction of Bowman Road Ground Storage Tank Repair Project and binds himaa1f on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the fallowing prices, to wit: BASE BID Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 1. L.S. Bowman Road Ground Storage Tank: including in general the replacement cf the roof, the top shell ring, cleaning, paint- ing af the tank, and all appurt- enances, as called for in the specifications and plans, per Lump Sum Bid of t iPTy TJincls447) Dollars and No Cents $ Amount $ 58 cot • ■ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COST BASIS FOR CHANGE The fallowing Supplementary Schedule of Unit Prices will apply in the event that the Owner Orders in writing additions or deductions from the wcrk detailed on the contract drawings as covered by the Bidding Schedule. Item No. Type of Work Unit Price Per Unit 1. Welding and Fabrication Repairs Hour $ 35.00 If this proposal is accepted, the undersigned agrees to execute the cntract and provide necessary bonds and insurance certification as epr the Instructions to Bidders and commence work within ten (10) days afte written Notice to Proceed. The undersigned further agrees to complete he 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 propose have been carefully checked and are submitted as correct and fnal. The owner reserves the right to reject any cr all bids and may waive any informalities. Respectfully Submitted, Title For: �T I ,a px 442_ 784/2 Address /z 3Z /- G '23 Telephone (/J#4 /N(' Tf T Name of Firm Secretary, if contractor is a Corporation THE STATE OF TEXAS ) COUNTY OF WILLIAMSON) AGREEMENT KNOW ALL MEN BY THESE PRESENTS That this Agreement made and entered into this day of , A.D., 19 , by and between the CITY OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter termed the Owner, and Ranger Welding & Construction , of the City of Cedar Creek , County of Bastrop , State of Texas, Second Party, hereinafter termed the Contractor. WITNESSETH: 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 are set forth in the Contractor's Proposal dated February 14. 1989 for certain improvements described as follows: Bowman Road Tank Repair The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 5 consecutive r 1endar days after the date of the Notice to Proceed given to the Contractor and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within 60 calendar days after the date of the written Notice to Proceed, Time is of the once 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, sub 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 The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Plans The Basis of Measurement Payment AGREEMENT (continued) IN WITNESS WHEREOF the Parties to the (resents have executed this Agreement in the year and day first above written. ATTEST: CITY OF ROUND ROCK, TEXAS, OWNER PBD -2 Pd BY Mayor b44( y v ji,✓ Contractor KNOW ALL MEN BY THESE PRESENTS: that Route 1, Box 412, Cedar Creek, Texas 78612 as Principal, hereinafter called Contractor, and, 790868, San Antonio, Texas 78279 221 East Main St., Round Rock, Texas 78664 WHEREAS, Performance Bond Eagle BOND NUMBER EIC 200201 Ranger Welding and Construction, (Here Insert lug name and address or legal title of Contractor) insurance Company, P. 0. Box )Men Inuit full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto Ci ty of Round Rock, Mere insert full name and address or legal lltle of Owner) as Obligee, hereinafter called Owner, in the amount of Fifty -Eight Thousand and no /100 -- Dollars($ 58,000.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Contractor has by written agreement dated 19 , entered into a contract with Owner for Bowman Road Tank Repair in accordance with Drawings and Specifications prepared by (Male Insert lull name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain In full force and effect The Surety hereby waives notice of any alter- ation or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall either 1) Complete the Contract in accordance with its terms and conditions; or 2) Obtain a bid or bids for completing the Con- tract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion ar- Signed and sealed this 23rd Anna Wooldridge (Witness) (Witness) ranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, includ- ing other costs and damages for which the Surety may be liable hereunder the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Con- tractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, exe- cutors, administrators or successors of the Owner. day of March f. V %PP RANGER WELDING AND CONSTRUCTION (Principal) ( T' e) EAGLE INSURANCE COMPANY 19 89 (Seal) Linda Sinku d (Ttle) Attorney -in -Fact ( S e al) Labor and Material Payment Bond KNOW ALL MEN BY THESE PRESENTS: that Route 1, Box 412, Cedar Creek, Texas 78612 San Antonio, Texas 78279 East Main St., Round Rock, Texas 78664 WHEREAS, Principal has by written agreement dated (Men insert full name. address and deecriplbn 01 protect) Bowman Road Tank Repair In accordance with Drawings and Specifications prepared by BOND NUMBER EIC 200201 Ranger Welding and Construction, (Mere insert lull Mme and address or legal 1111e of Contractor) as Principal, hereinafter called Principal, and, Eagle Insurance Company, P. 0. Box 790868, (Mere insln lull name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Round Rock, 221 Here insert lull name and address or legal 1i11e of Owner) as Obligee, hereinafter called Owner, forthe use and benefit of claimants as herein below defined, in the amount of Fifty -Eight Thousand and no /100 (Here Innen a sum equal 1001 least one-hell of the contract price) Dollars ($ 58,000.00 * * * * * * ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 , entered into a contract with Owner for (Here lneert full name and addreaa m 109 01 11110 01 Architect) which contract Is by reference made a part hereof, and Is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if the Principal shall promptly make payment to all claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcon- tractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety here- by jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prose- cute the suit to final judgement for such sum or sums as maybe justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced here- under by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this " At Anna Wool dri d cd' tness) 23rd i were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year fol- lowing the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improve- ment, whether or not claim for the amount of such lien be presented under and against this bond. day of March 1 989 RANGER WELDI NG AND CONSTRUCTION (Principal) (Seat) (Title) EAGLE INSURANCE COMPANY (Surety) Linda Sinku (Title) Attorney -in -Fact (Seat) ■ To be attached to Bond No EIC 200201 EAGLE INSURANCE COMPANY 14607 SAN PEDRO SAN ANTONIO, TEXAS 78236 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company, a ' company domiciled in Texas, having its principal office in San Antonio, Texas pursuant to the following resolution, adopted by the Board of Directors of said Company on February 25, 1988 to wit: 1 "The Chairman, Managing director or Secretary shall have authority, severally, to make, execute, and deliver a power of attorney constituting ' as Attorneys -in -fact such persons, firms or corporations as such officers may select from time to time." THEREFORE, the undersigned hereby make, constitute and appoint William G. Jefferis, Deedee Stephens, 1 Gary W. DeHart, Butch Statch, Linda Sinku, ' Randy DeHart and Donna Phariss its true and lawful Attorney -in -fact, with full power and authority hereby ' conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf and as its act and deed as follows: 1 1 1 1 .• ••.. c a tv.S 9 i ' 4 •• 'a = " • z to m pn NtP I, the undersigned, Secretary/Director of Eagle Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authori- ty remain in full force and has not been revoked; and, furthermore, that the Resolution of the Board of Directors, as set forth in the Certificate of Authority, is now in force. 1 Limited on behalf of the Company to the sum US $1,000,000 in its business and in accordance with its charter, to bind Eagle Insurance Company thereby, and all of the act of said Attorney -in -fact, pursuant to these presents are hereby ratified and confirmed. In Witness Whereof, Eagle Insurance Company has caused these presents to be signed by its Chairman, Director or Secretary and its Corporate Seal to be hereto affixed. CERTIFICATE EAGLE INSURANCE COMPANY Chairman /Managing Dir. or /Secretary 1 1 1 In testimony whereof, I have hereunto subscribed my name and affixed the corporate seal of said company, 1 this 23rd day of March 19 89 1 MAINTENANCE BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal") as Principal, and the , a corporation duly organized under the laws of the State of , and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dolla=r (S ),for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of ,A.D. nineteen hundred and - WHEREAS, the said Principal has heretofore entered into a contract with dated , 19 . , for construction of WHEREAS, the said Principal is required to guarantee the construction of street improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of year(S) from the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION LS SUCH, that if said Principal shall faithfully cany out and perform the mid guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(S) from the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS or shall pay over, make good and reimburse to the said Obligee all dins and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be Hull and void; otherwise shall remain in full force and effect. Principal by Surety by PBD - 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PRODUCER CODE Maynard Insurance Agency P.o. Box 456 Bastrop, Texas 78602 INSURED COM Dan Starling DBA Ranger Construction LETTER C Rt. 1, Box 412 COMPANY D Cedar Creek, Texas 78612 LETTER COMPANY E LETTER AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS A: $ SCHEDULED AUTOS X HIRED AUTOS ' X ` NON.OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY SUB -CODE City of Round Rock 221 E. Main Street Round Rock, Texas 78664 ISSUE DATE (MM /DDIYY) 4/5/89 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY A LETTER COMPANY LETTER 04 42 890657 2 ;9/23/88 6EE UB 952G098 0 89 2/17/89 2/17/90 COMPANIES AFFORDING COVERAGE American States Insurance Company of Texas The Travelers Insurance Companies 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. CD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR - DATE(MM /DD/YY) DATE(MM /DD/VY) GENERAL LIABILITY GENERAL AGGREGATE $1,000 A x COMMERCIAL GENERAL LIABILITY' 04 CL 446495 5/7/88 5/7/89 PRODUCTS-COMPIOPS AGGREGATE $ I CLAIMS MADE = OCCUR.: PERSONAL & ADVERTISING INJURY $ 500, OWNER'S & CONTRACTOR'S PROT. ' EACH OCCURRENCE 9/23/89 $ 500, FIRE DAMAGE (Any one lire) $ 50, MEDICAL EXPENSE (Any one person) $ 5, COMBINED ED $ SOO LIMIT BODILY INJURY $ (Per parson) BODILY INJURY $ (Per accident) PROPERTY _$ DAMAGE EACH OCCURRENCE AGGREGATE STATUTORY 100, (EACH ACCIDENT) $ 500, (DISEASE — POLICY LIMIT) $ 100 (DISEASE —EACH EMPLOYEE( The policy shall not be cancelled or F�uLgNSl� �grlot+ r-edueed, rest-r�-ieted or limited until-45-days-after- DescBI�TIQN 2F OTQ Y'L7U D Y1 CKU T IWT the owner has received written notice as evidenced 1 1974 GMC Dump Truck #TCE664V555718 by return receipt of registered or certified mail. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUT , EFRE ITATIN y 14 - RECEIVED APR - 6 198 221 East Main Street Round Rack, Texas 78664 512- 255 -3612 THE CITY OF ROUND ROCK NOTICE OF AWARD Ranger Welding and Construction Route 1 Box 412 Cedar Creek, Texas 78612 PROJECT: Water Tank Rehabilitation Dear Mr. Starling- The Owner has considered the Bid submitted by you for the above described work in response to its Advertisement for Bids. You are hereby notified that your Bid has been accepted for items in the amount of Fifty -eight thousand dollars ($58,000.00) . You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond and Certificate of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and Certificate of Insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forteiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 13th day of March, 1989. Mayor Mike Robinson Mayor Pro -tem Ronnie Jean Council Members John Hood Glenn T. King Pete Correa IMAR -tA. , 198. Charles Culpepper Trudy L. Lee City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets M4E/2 Gdf....cvmi4 .� co us•r CONTRACTOR ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby ack nowlsdged by , this the VLday of Title QcJ A) Z e DATE: TO: PROJECT: ,later Tank Rehabilition Dear NOTICE TO PROCEED You are hereby notified to commence work in accordance with the Agreement dated , on or before and ,you are to complete the work within consecutive calendar days thereafter. The date of completion of all work is therefore The City of Round Rock By Steven D. Miller, P.E. ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of , 1988. BD - 8 CONTRACTOR By Title 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.00 Definition of Terms Whenever in this Project Manual or on the plans, the following terms or pronouns shall be interpreted as follows: 1.01 City The City of Austin, Texas. Use of the phrase "City of Austin" shall be interpreted to swan "The City of Round Rock". A municipal corporation, home rule city and political subdivision organized and existing under the laws of the State of Texas. 1.02 City Council The duly elected members of the Council of the City of Austin, Texas. 1.03 Owner The City of Austin, Texas acting through the City Manager or the designee of the City Manager. 1.04 City of Austin, Managing Department Department assigned by the City Manager to administer the design and construction of the project. 1.05 Director of Managing Department The Director of the City of Austin Water and Wastewater, Electric Utility, Hospital or Public Works which has been assigned by the City Manager to administer the project. 1.06 Contractor 1.07 Engineer /Architect 1.08 City of Austin Standard Specifications Series 0 Bidding & Contract Requirements General Conditions of Agreement Section 00140 The Contractor is that person or organization identified as such in the Agreement and is referred to throughout the Con- tract as if singular in number and masculine in gender. The EngineerArchitect are those persons or organizations identified as such in the agreement and are referred to through- out the Contract as if singular in number and masculine in gender. The term Engineer /Architect means the Director of the Managing Department or his duly authorized designee. The Engineer/Architect shall be understood to be the Engineer Architect of the Owner and nothing contained in the Contract shall create any contractual or agency relationship between the Engineer; Architect and the Contractor. The applicable standard specifications from which the directions, provisions and requirements pertaining to the method and manner of performing specific work or to quantities of materials to be furnished are defined. 1.09 Bidding Documents The documents issued by the City prior to opening bids. 1.10 Project Manual The Project Manual shall include the Notice to Contractors, Instructions to Bidders, Signed Agreement, Bid, Performance and 'Payment Bonds (when required), Special Bond (when required), Certificate of Insurance, Contractor's Statement of Qualifications, Work Force Report, Non - discrimination Certificate, General Conditions of Agreement, Supplemental Gen- eral Conditions (when required), Special Provisions, (when required), Special Specifications (when required), Specifica- tions and all modifications, addenda or supplements thereof incorporated in any of the documents, technical specifica- tions. standards, standard details and project details as required. The "Project Manual" shall contain the directions, conditions and requirements made pertaining to the method and manner of performing the work or to quantities and quali- ties of materials to be furnished under the contract. Where phrases "directed by," "ordered by" or "to the satisfaction of "the Engineer/Architect" occur, it is to be understood that the directions, orders or instructions to which they relate are within the limitations of and authorized by the Contract. Where reference is made to specifications of ASTM, AASHTO. State Department 01 Highways and Public Transportation Standard Specifications, etc., it shall be construed to mean the latest standard or tentative standard in effect on the date of the bid. Page 1 Rev. 11 /03/86 00140 1.11 Contract The Contract provisions 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 provisions, the Contractor shall notify the Engineer /Architect of any omissions or discrepancies as indicated in Section 3.06 below. The priority of interpretation shall be in the following order: (a) Signed Agreement (b) Supplemental General Conditions of Agreement (c) General Conditions of Agreement (d) Notice to Contractor (e) Instruction to Bidders (1) Bid (g) Special Provisions to Standard Specifications (h) Special Specifications (i) Standard Specifications (j) Plans & Details (k) City of Austin Standards and Standard Details 1.12 Project The Project is the total construction designed by the Engineer/ Architect or his consulting Engineer /Architect of which the work performed under the Contract may be the whole or a part. 1.13 Site 1.14 Bid Where borings. test piles, underground and overhead structure locations are shown, their correctness is not guaranteed by the City and in no event is this information to be considered as part of the contract_ The contract is the agreement between the City and the Contractor covering the furnishing of material and performance of the work and shall consist of a Project Manual (except the Contractor's Statement of Qualifications), Plans. any addendum issued for the project. any memoranda of the preconstruction conference and the Notice to Proceed. When properly exe- cuted, these documents shall become the contract. The project site for access to and fulfillment of the Contract shall be comprised of property, right of way or easements provided by the City as indicated. The Contractor, in the prosecution of the work, shall not trespass or allow any of his employees to trespass upon the abutting lands or other lands in the vicinity thereof. The Contractor may, at his own cost. make suitable arrangements for any temporary usage of private lands, but he and his surety on his bond shall protect, indemnify and hold harmless the City and its officers and employees against any claim arising from the temporary usage of said private lands. The offer of the Bidder on the perscribed forms, giving prices for performing the work described in the Project Manual and Plans. 1.15 Plans The drawings prepared or approved by the Engineer /Architect or true reproductions thereof which show the location, char- acter, dimensions and details of the work and which are a part of the contract. 1.16 General Conditions of Agreement Detailed instructions to the Contractor setting forth his responsibility and the Owner's responsibility for proper prosecution of the work as indicated herein. 1.17 Supplemental General Conditions of Agreement Detailed instructions to the Contractor setting forth his additional responsibilities of a special nature particular to an individ- ual project not covered in the General Conditions. 00140 Rev 11/03/86 Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.18 Special Provisions Detailed written instructions to the Contractor of a special nature which take precedence over the City of Austin Bidding and Contract Requirements and Standard Specifications. In all cases where special provisions conflict with the City of Austin Standard Specifications, the special provisions will govern. In all matters of detail not specifically covered by the specifications or special provisions, the work shall be skillfully performed in accordance with the best trade customs and standards of work, life, character and purpose. 1.19 Special Specifications Detailed instructions to the Contractor of a special nature which are not contained in the City of Austin Standard Specifications. 1.20 Laboratory Any testing laboratory that may be designated or approved by the Engineer/Architect. 1.21 Work The work shall include the furnishing by the Contractor of all materials, permits, supplies, machinery, equipment, tools, superintendence, labor, services, insurance and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the requirements of the Contract. 1.22 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 /Architect to be done by the Contractor to accomplish any change, alteration or addition to the work indicated or reasonably implied by the Project Manual and not covered by the Bid, except as provided under "Changes and Altera- tions", herein. 1.23 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any City of Austin legal holidays, in which weather or unforeseeable conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a continuous period of not less than 7 hours between 7:00 a.m. and 6:00 p.m. 1.24 Calendar Day "Calendar Day" is any 24 hour day of the week or month, no days being excepted. When days are not qualified, calendar days shall be used. 1.25 Wage Rates The Austin City Council adopted, in November 1982, a prevailing wage ordinance which requires the payment of prevail- ing and per diem wages to workers on City of Austin Construction Projects. A copy of the Wage Rates is included in Sec- tion 00060, "Instruction to Bidders ". 1.26 Sequence of Construction The logical and proper order in which the work shall be accomplished, by stages and phases, as indicated in the Contract or as furnished by the Contractor. 1.27 Schedule of Construction The Contractor's schedule, acceptable to the City, to carry out the sequence of construction. 1.28 Subcontractor The term subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnished material, worked to a special design according to the plans and Project Manual of this work, but does not include one who merely furnishes material not so fabricated. 1.29 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 fabricated to a special design according to the plans and Project Manual of this work, but does not include one who merely furnished material not so fabricated. Page 3 Rev. 11/03/86 00140 1.30 Contractor's License A license issued by the city to qualified contractors who desire to engage in the construction, reconstruction, alteration. removal, replacement, repair, surfacing or resurfacing of sidewalks, curbs, gutters or driveway approaches or work incident to a pedestrian way within the City 01 Austin's jurisdiction, pesscribed by Article II •Section 10 -5 -136 of the Austin C,ty Code. Contractors doing electrical, mechanical or plumbing trade shall be licensed in accordance with Chapter 37 and Chapter 42 respectively of the Austin City Code. 1.31 Bidder An individual, partnership, corporation, etc., submitting a bid who will perform the work with his own organization and with the assistance of workmen under his immediate superintendence, work of a value not less than percent of the value of all work embraced in the contract exclusive of items not commonly found in contracts for similar work or wh ch require highly specialized knowledge, craftsmanship and /or equipment not ordinarily available in the organization of con- tractors performing work of the character embraced in the contract. 1.32 Instructions to Bidders Instructions of a general nature outlining the duties and responsibilities of a bidder. 1.33 Bidder's Prequalification Bidder's prequalitication shall consist of a submittal to the City conforming to Section 00061, "Statement of Bidder's Quahl cations" and response to any questions by the City arising from this submittal. 1.34 Schedule of Values On lump sum contracts, the schedule of values will mean the detail of costs of all the project components to include the smallest common measurement. 1.35 Written Notice The formal act of notifying a party of the Contract by written notice duly served 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. 1.36 Materials and Workmanship All materials to be incorporated into the project shall be new and shall be of a good quality and approved by the City. The Contractor shall, when requested, furnish satisfactory evidence as to the kind and quality of 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. Workmanship shall be of a good quality. 1.37 Value Management Incentive Alternate methods of construction or equipment the Contractor awarded the contract would propose in writing to produce the final product as described by this Project Manual. However, the final decision as to the acceptance of any alternate method rests with the Director of the Managing Department- He will judge all such alternate methods on a basis of the anticipated end product, the total cost and the discernability of using such alternate methods and issue a change order. 1.38 Superintendent The representative of the Contractor authorized to receive and fulfill instructions from the Engineer /Architect and who shall supervise and direct the construction. 1.39 Inspector The authorized representative of the Director of Managing Department assigned to observe or inspect any or all pans of the project and the materials to be used therein. 1.40 Change Orders Written agreements entered into between the Contractor and the City properly executed, covering alterations, changes, additions or deletions to the Contract which are necessary or desirable for the proper completion of the work. 00140 Rev.11 /03/86 Page 4 1 1 C. 1 1 1 1 1 1 1 C1 1 1 1 1 1 1 1 1 1 ra 1 1 1 1 1 1 1 Ir 1 1 1 1 1 1 1 1.41 Substantial Completion Written notice by the Engineer /Architect to the Contractor certifying that the construction or a portion thereof is sufficiently completed for the purpose intended, in accordance with the Contract, for the Owner's use as intended, but still may require minor miscellaneous work and adjustments as described in the punch list of items needing completion. On building projects, the following shall be implemented at this date: (a) All warranties begin. (b) Owner becomes responsible for utilities. (c) The Contractor shall submit the punch list of items for review by the Engineer /Architect. (d) The Contractor shall certify the proposed completion date for all punch list items. 1.42 Beneficial Occupancy Written notice by the Engineer/Architect to the contractor which defines that the construction portion thereof is sufficiently completed for the use intended and the Owner can take possession of the facility. 1.43 Abbreviations of Technical Associations AA — Aluminum Association AAMA — American Architectural Manufacturer's Association AAN — American Association of Nurserymen AASHTO — American Association of State Highway and Transportation Officials AATCC — American Association of Textile Chemists and Colorists ACI — American Concrete Institute ACIL — American Council of Independent Laboratories ACPA — American Concrete Pipe Association ADC — Air Diffusion Council AGA — American Gas Association AHAM — Association of Home Appliance Manufacturers Al — Asphalt Institute AIA — American Institute of Architects AISC — American Institute of Steel Construction AISI — American Iron and Steel Institute AITC — American Institute of Timber Construction ALSC — American Lumber Standards Committee AMCA - — Air Movement and Control Association ANSI — American National Standards Institute APA — American Plywood Association API — American Petroleum Institute AREA — American Railroad Engineers Association ASA — American Standards Association ASC — Adhesive and Sealant Council ASHRAE — American Society of Heating, Refrigerating & Air Conditioning Engineers ASME — American Society of Mechanical Engineers ASPE — American Society of Plumbing Engineers ASSE — American Society of Sanitary Engineering ASTM — American Society tor Testing and Materials AWG — American Wire Gage AWI — Architectural Woodwork Institute AWPA — American Wood Preservers Association AWPB — American Wood Preservers Bureau AWPI — American Wood Preservers Institute AWS — American Welding Society AWWA — American Water Works Association BHMA — Builders Hardware Manufacturers Association CBM — Certified Ballast Manufacturers CDA — Copper Development Association CE — Corps of Engineers (U. S. Dept. of the Army) CFR — Code of Federal Regulations CGA — Compressed Gas Association CRI — Carpet and Rug Institute CRSI — Concrete Reinforcing Steel Institute CS — Commerical Standard of NBS (U.S. Dept. of Commerce) CTI — Ceramic Tile Institute Page 5 04/17/86 00140 DFPA — Douglas Fir Plywood Association FGMA — Flat Gass Marketing Association FM — Factory Mutual System FS — Federal Specification (General Services Admin.) GA — Gypsum Association GSA — General Services Administration EEE — Institute of Electrical and Electronic Engineers, Inc. ES — Illuminating Engineering Society ESNA — Illuminating Engineering Society of North American GCC — Insulating Glass Certification Council MSA — International Municipal Signal Association TE — Institute of Transportation Engineers ML/SFA — Metal Lath, /Steel Framing Association MSS — Manufacturers Standardization Society of the Valve and Fittings Industry NAAMM — Nationa Association of Architectural Metal Manufacturers NBFU — Nationa Board of Fire Underwriters NBGQA — Nationa Building Granite Quarries Association NBS — Nationa Bureau of Standards (U.S. Dept. of Commerce) NEC — Nationa Electrical Code (Published by NBFU) NECA — Nationa Electrical Contractors Association NEMA — Nationa Electrical Manufacturers Association NFPA — Nationa Forest Products Association NFPA — Nationa Fire Protection Association NHLA — Nationa Hardwood Lumber Association NRCA — Nationa Roofing Contractors Association NWMA — Nationa Woodwork Manufacturers Association OSHA — Occupa Tonal Safety and Health Administration RMA — Rubber Manufacturing Association SDHPT — State Department of Highways and Public Transportation SFPA — Southern Forest Products Association SPIB — Southern Pine Inspection Bureau UL — Underwriters Laboratory, Inc. WWPA — Western Wood Products Association 2.00 Responsibilities of the Engineer /Architect and the Contractor 2.01 Owner - Engineer /Architect Relationship Unless otherwise indicated, the Engineer /Architect will be the Owner's representative during construction. The duties, re- sponsibilities and limitations of authority of the Engineer /Architect as the Owner's representative during construction are as set forth in the Contract and shall not be extended or limited without written consent of the Owner and Engineer /Archi- tect. The Engineer /Architect will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer /Architect. 2.02 Professional Inspection by Engineer /Architect The Engineer /Architect will and the Owner may 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 fea- tures and the technical and functional engineering requirements of the Contract; provided and except, however, that the Engineer /Architect shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site in- spection 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 Engi- neer /Architect shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation attempting to perform any of the work. 2.03 Payments for Work The Engineer /Architect or their consultants shall review Contractor's applications for payment and supporting data, deter- mine the amount owed to the Contractor and recommend in writing, payment to Contractor in such amounts; such recom- mendation of payment to Contractor constitutes a representation to the Owner of Engineer's /Architect's professional judg- ment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to Contractor shall not be deemed as a representation by Engineer!Archi- tect that Engineer /Architect has made any examination to determine how or for what purpose Contractor has used the monies paid on account of the contract price. No payment shall be made to the Contractor until all Post Bid information has been submitted, approved and performance of work begun. 00140 Rev. 11 /03/86 Page 6 2.04 Arrears No money shaft be paid by the City upon any claim, debt, demand or account whatsoever, to any person, firm or corpora- tion who is in arrears to the City for taxes; and the City shall be entitled to counterclaim and offset against any such debt. claim, demand or account in the amount Of taxes so in arrears and no assignment or transfer of such debt. Claim. demand or account after the said taxes are due. shall affect the right of the City to so offset the said taxes against the same. 2.05 Initial Determinations The Engineer: Architect 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 on the interpretation of the Contract and the Engineer's Architect's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than len days, Appeal to arbitration upon mutual agreement may be taken as if his decision has been rendered against the party appealing. For purposes of this Section 2.05 only, the Engineer's /Architect's authority shall be nondelegable. 2.06 Objections In the event the Engineer /Architect renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer /Architect 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 in accor- dance with Section 2.05. 2.07 Lines and Grades Unless otherwise specified, all control lines and bench marks suitable for Contractor's use in layout shall be furnished by the Engmeer,Archilect or his representative. The Contractor shall perform all layout work in accordance with Section 00341. "Grades. Lines and Levels ". All controls and bench marks shall be carefully preserved by the Contractor by the use of flags. staffs or other visible devices and in case of destruction or removal by him or his employees. such controls and bench marks shall be replaced at the Contractor's expense. 2.08 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 at all times 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 communications 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, technique. sequence 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 improve- ments. the Owner and Engineer /Architect being interested only in the results obtained and conformity of such improve- ments to the Project Manual, Plans 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 /Architectural construction plans and Project Manual as well as any additonal information concerning the work to be performed passing from or through the Engineer /Architect shall not be interpreted as requiring orallowing Contractor to deviate from the plans and Project Manual, the intent of such plans. specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design. construction, installation and use. or nonuse of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including. without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices and similar items or devices used by him during construction. Any review of work in process or any visit, inspection or observation during construction or any clarification of Project Manual and Plans by the Engineer /Architect or Owner or any agent, employee or representative of either of them, whether through personal observation on the project site or by means of review of shop drawings 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 performed, as measured against the plans and specifications constituting the contract. or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the corn - pleted construction work will conform thereto and shall in 00 way relieve the Contractor from full and complete responsibil- ity 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 each performance. Deviation by the Contractor from Contract that may have been in evidence during any such visitation or observation by the Engineer /Architect or any of his representatives, whether carted to the Contractor's attention or not. shall in no way relieve Contractor from his responsibility to complete all work in accordance with the Contract_ Page 7 Rev. 11/03/86 00140 2.09 Contractor's Understanding It is understood that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, Me 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. The Contractor agrees that he will make no claim against the City or the design professional if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explo- rations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer /Architect either. before or after the execution Of this contract, shall affect or modify any Of the terms or obligations herein contained. 2.10 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work re- quired under this contract, to do the work and agrees that whenever the Engineer /Architect shall inform him in writing that any workers on the work area are, in his opinion, incompetent, unfaithful or disorderly or refuse instructions from the Engi- neer/Architect, in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer'siArchitect's written consent. 2.11 Contractor's Buildings The building of structures or the erection of tents of other forms of protection, may be permitted on the project site as the Engineer' Architect shall direct. 2.12 Sanitation Necessary sanitary conveniences for the use of laborers an the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer Architect and their use shall be strictly enforced. 2.13 Shop Drawings, Samples and Materials The Contractor shall submit to the Engineer /Architect, with such promptness as to cause no delay in his own work or in that of any other Contractor, six (6) Contractor approved copies, unless otherwise specified. of all shop and /or setting drawings. equipment, and schedules required for the work of the various trades, and the Engineer /Architect shall pass upon them with reasonable promptness, making desired notations. The Contractor shall make any corrections recommended by the Engineer /Architect, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's /Architect's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from plans or Project Manual, unless he has in writing called the Engineer's /Architect's attention to such deviations at the time of the submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review and all shop drawings to ascertain their effect on his ability to perform the required work in accordance with the contract and within the contract time. Contractor shall maintain samples of physical examples of materials specified which illustrate material, equipment or workmanship and establish standards by which work shall be judged. Samples shall be delivered to Engineer /Architect at the completion of the work. Such review by the Engineer /Architect shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to the contract 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 /Architect 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 relation to the safety of either person or property during Contractor's performance hereunder. On Water and Wastewater Items or Projects, where applicable, materials shall be selected from the Standard Product List which form a part of the Project Manual. Upon award of a contract, the Contractor shall submit to the Engineer /Architect for approval within ten (10) calendar days five (5) copies of a Proposed Materials List clearly identifying all equipment and fabricated materials which he proposes to furnish under the contract, accompanied by submittal data covering each proposed material sufficient to illustrate that all these materials satisfy the specified requirements. Whenever an article of material or equipment is specified by definitive description it shall be taken as establishing the type, function, class or equality desired. Other manufacturers' products which in the opinion of the Engineer are equivalent to those specified will be considered: such items shall be submitted for review or approval, together with all other proposed materials. Submittal data shall include shop drawings and descriptive information in sufficient detail to show the kind, size, arrangement and operation of component materials and devices: the external connections, anchorages and supports required: performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. Data submittal shall include shop drawings showing essential details of any changes proposed by the Contractor. Five (5) copies of each shop drawing and necessary data shall be submitted. clearly marked with the name of the project, the Contractor's name, and references to applicable specification paragraphs and shop drawings. Two (2) copies of the shop drawings will be returned after review. Should the Contractor elect to use any materials from the Standard Products List. they should be identified as such when submitted on the proposed materials lists; such materials then receive automatic approval with no additional submittal data being necessary. 00140 Rev. 11/03/86 Page 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The Engineer's /Architect's review of shop drawings and data submitted by the Contractor will cover only general conformity to the contract, external connections and dimensions which affect the plans and layout. The Engineer's/ Architect's review or approval of shop drawings will not constitute an approval of all dimensions, quantities, and details of the material, equipment, device or item shown and does not relieve the Contractor from any responsibility for errors or deviations from the contract requirements. No work shall be performed in connection with the fabrication or manufacture of materials or equipment, nor shall any accessory of appurtenance be purchased, until the proposed materials list has been approved by the Engineer /Architect, except at the Contractor's own risk and responsibility. 2.14 Defects and Their Remedies The Contractor is obligated under this Contract for furnishing acceptable material and performing satisfactory work as herein described and in full accordance with the Project Manual and Plans. The Engineer /Architect shall not have the power to waive the obligations of this contract for the Contractor furnishing acceptable material and performing the work in full accordance with the Project Manual and Plans. If any material brought on the project site for use in the work or selected for the same shall be deemed by the Engineer /Architect as unsuitable or not in conformity with the Project Manual and Plans or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer /Architect, forthwith remove such material. The failure or omission of the Engineer /Architect to discover, object to or condemn any defective work or material shall not release the Contractor from the obligation to fully properly perform the contract. Any work of questionable quality or work placed by construction procedures or techniques which are not in conformity with the Project Manual and Plans or acceptable practice will be subjected to a detailed examination. If the Engineer/Architect deems the work as unsuitable or not in conformity with the Project Manual and Plans or intent thereof, the Contractor shall, atter receipt of written notice, remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the Project Manual and Plans or intent thereof. If the Contractor persistently fails to correct defective work or submit a satisfactory plan to take corrective action, with procedure and time schedule, the Engineer /Architect may order the Contractor to stop the work or any portion thereof, until the cause for such order has been eliminated. A notice to stop the work, based on defects, shall not stop the calendar or working days charged to the project. Any questioned work may be ordered or taken up or removed for re examination by the Engineer /Architect prior to final acceptance. If found not in accordance with the Project Manual and Plans 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. Payment for questionable, unsuitable material or work not in conformity with the Project Manual and Plans shall be withheld as set forth in Section 5.09, "Payments Withheld ". 2.15 Changes and Alterations . The Owner reserves the right to add work or initiate changes at any time before or during construction as the Owner may she fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, without affecting the valid- ity of this contract and the accompanying Performance and Payments 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 quantify actually done and at the unit price, if any, estab- lished for such work under this contract, except as provided for unit price items under Section 5, "Measurement and Pay- ment"; 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 preparation for the work as originally planned. 2.16 Inspection The Engineer /Architect may provide an observer or inspector at the work site for the limited purpose of observing or in- specting the work in progress and reporting back to the Engineer /Architect on the extent, nature, manner and performance of the work so that the Engineer /Architect may more effectively perform his duties. The Contractor shall furnish the Engi- neer /Architect with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements and intent of the Contract. If the Engineer /Architect so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover portions of the finished work as may be directed. After examination, the Con- tractor shall restore said portion of the work to the standard required by the Contract. Should the work thus exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts re- moved shall be paid for as "Extra Work ". Should the work so exposed or examined prove unacceptable, the uncovering or removing and replacing of the covering or making good the parts removed shall be at the Contractor's expense. Where inspection or review is specifically required by the Contract prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or review he shall bear all expense of the taking up, removing and replacing this work if so directed by the Engineer /Architect. Page 9 Rev, 11/03/86 00140 2.17 Authority and Duties of Inspectors Personnel will be authorized to inspect or observe all materials, equipment and work done. Such inspection or observation may extend to all or to any part of the work and to the preparation or manufacture of the materials to be used. An Inspector will be assigned to the work to report to the Engineer /Architect as to the progress of the work and the manner in which it is being performed, to report whenever it appears that the materials furnished and the work performed by the Contractor rail to fulfill the requirements of the Contract and to call the attention of the Contractor to any such failure or other infringement. Such inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector will have authority to reject materials or suspend that work until the question al issue can be referred to and decided by the Engineer /Architect. The inspector will not be authorized to revoke, alter. enlarge or release any requirement of the Contract, nor to approve or accept any portion of work, nor to issue instructions contrary to the Contract. He will in no case act as foreman or perform other duties for the Contractor nor interfere with the management of the work. 3.00 General Obligations and Responsibilities 3.01 Accessibility of Project Manual and Plans The Engineer /Architect shall furnish the Contractor with 5 sets of Project Manuals and 5 sets of plans without expense to him. The Contractor shall keep 1 copy of same constantly accessible on the job site in good order, with the latest revisions noted thereon, reviewed shop drawings, change orders, written interpretations and clarifications, samples and models. which shall be the project record plans and documents. 3.02 Ownership of Plans All plans, Project Manuals and copies thereof furnished by the Engineer /Architect 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 mockups shall be the property of the Owner. 3.03 Adequacy of Design Design Professionals have prepared and sealed the plans. The adequacy of the design, sufficiency of the Contract and the practicability of the operations of the completed project are not warranted by the Owner. 3.04 Right of Entry The Owner and his designees reserve the right lo enter the property or location on which the works herein contracted for are to be constructed or installed. for the purpose of observing the work, testing, inspecting the work or for the purpose of observing 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 materials essential to the completion of the work specifically excluded from this contract, in such manner SO as not 10 delay the progress of the work or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from the acts or omissions of utility companies. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer/Architect of any omissions or discrepancies found in the Con- tract. 11 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 for construction and in the event of any discrepancies between the separate Contract, the priority of interpretation defined under Contract shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or plans, the EngineerrArchitect shall determine 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 materials, supplies, ma- chinery. 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 fault of the Owner or Engineer Architect, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In 00140 Rev. 11/03/86 Page 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 the event the Owner is damaged in the course of the work by any 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 construc- tion 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. lad- ders, 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. In the event there is an accident involving injury to any individual on or near the Work, the Contractor shall immediately notify the Owner and Engineer /Architect of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through the photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer /Architect for their records. 3.10 Performance Bond and Payment Bond Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will execute separate Performance Bond and Payment Bond, in the forms and amounts stipulated in Sections 00134, "Performance Bond" and 00136, "Payment Bond ", guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execu- tion 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 specified, the cost of the premium for the Performance and Payment Bonds shall be included in the bid. 3.11 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, floods or from any unforeseeable 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 bome by the Contractor at his own cost and expense. 3.12 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer /Architect harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the perfor- mance of this contract. When so desired by the Owner, the Contractor shall fumish satisfactory evidence that all obliga- tions 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 fumished that all liabilities have been fully discharged, whereupon pay- ments 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. 3.13 Protection Against Royalties or Patented Inventions 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 copyright rights and shall save the Owner and Engineer /Architect 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 any particular manufac- turer or manufacturers is specified by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save the Owner harmless from any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringe- ment, the Contractor shalt be responsible for such loss unless he promptly gives such information to the Owner. 3.14 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances, codes and regula- tions which in any manner affect the contract or the work, and shall indemnity and save harmless the Owner and Engineer/ Page 11 04/17/86 00140 Architect against any claim arising from the violation 01 any such laws, ordinances, and regulations whether by the Con- tractor or his employees. If the Contractor observes that the project is at variance therewith, he shall promptly notify the Engineer /Architect in writing and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Engineer /Architect, he shall bear all costs arising therefrom. The ordinances and regulations of the City shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Maintaining clean water, air and earth or improving thereon shall be regarded as of prime importance. The Contractor shall plan and execute his operations in compliance with applicable Federal, State and local laws and regulations concerning the control and abatement of water pollution and the prevention and control of air pollution. The Contractor shall exercise care to preserve the natural landscape within the project site and shall conduct his construc- tion operations so as to prevent any unnecessary destruction, scarring or defacing of the natural surroundings in the vicin- ity of the work. Except where clearing is required for permanent construction. trees and vegetation shall be preserved and protected from damage which may be caused by equipment and construction operations. Where unnecessary destruction or damage occurs as a result of the Contractor's operations to trees, replacement or correction shall be made at the Con- tractor. Garbage, trash and material debris shall be picked up daily and deposited in a suitable receptacle provided and maintained by the Contractor. Measures shall also be implemented to prevent the escape o1 mud and excess concrete. Refer to Section 00378, "Cleaning ". 3.15 Permits (A) Contractor shall pay for and secure all permits and licenses necessary for the proper execution and completion of the Work, which are not provided by the City. The Contractor shall comply with all the requirements of the permit. (B) Railroad Utility Permits. Where the project is scheduled to pass into or through any railroad right of way, the City will ordinarily secure the permit for construction operations. The Contractor shall comply with all the requirements of the permit, giving any notices called for, coordinating the work with train schedules, arranging for inspection of the work by railway person• nel and any other particular condition to the satisfaction of the railroad's Roadmaster. Should the permit and contract documents tor any given project fail to describe such conditions in specific detail, all work on railroad property shall meet the following minimum requirements: (1) No open -cut trenching will be permitted within 15 feet of the track centerline under any circumstances; actual distance shall be based on roadbed and embankment conditions, according to railroad recom• mendations. Within such distance from the tracks, gravity - tlowpiping shall be cast iron or ductile iron placed by boring, jacking or tunnelling and pressure grouted into place. No vehicles, equipment, sup- plies, dirt or debris will be permitted within 15 feet of the track centerline at any time. The prices bid for the various items of work shall be full payment to the Contractor for performing the work in strict compliance with all requirement and instructions of the permit. (C) Highway Utility Permits. Where the project is scheduled to pass within the right of way of any State or U.S. Highway, the City will ordinarily secure the permit for construction operations. The Contractor shall comply with all provisions and requirements of the permit, giving any notices called for. coordi- nating and scheduling the work to minimize hazards, inconvenience and delays to the traffic. Should any such permit tail to stipulate more stringent conditions; however, all work on highway property shall meet the following minimum requirements: (1) Unless specifically authorized in writing, no open -cut trenching will be permitted within 10 feet of high- way paving. All work must be accomplished with minimum inconvenience to traffic. No excavated spoil. dirt, debris or supplies will be permitted within 10 feet of the highway pavement at any time. No vehicles or equipment will be permitted on the highway pavement at any time. All hazards to traffic, such as work on the road shoulders, must be clearly marked and protected by lights, warning signs and barricades at all times, and tlagpersons if equipment is within 10 feet of highway pavement. The prices bid for the various items of work shall be full payment to the Contractor tor performing the work in strict compliance with all requirements and instructions of the permit. (D) Burning Permit Open burning within the City is not allowed. Trench buming will require a permit from the Fire Marshal. Burning • permits outside the City limits shall be obtained from the appropriate authority. Contractor shall secure and pay for all burning permits. 00140 - 04/17586 Page 12 C1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control as stipulated in Section 1.31 above and will give his personal attention to the fulfillment of this contract and that he will not, by Power of Attorney, or otherwise, assign or sublet said contract without the written consent of the Owner and that no part or feature of the work will be sublet to anyone objectionable to the Owner. The Contractor further agrees that the subletting of any portion or feature of the work or mate- rials required in the performance of this contract shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and his respective officers, agents and employees from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's 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: Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employees or to injury to or destruction of tangible property including Contractor's prop- erty (other than the work itself) and the property of any Subcontractor or Sub - subcontractor including the loss of use resulting therefrom; and, (b) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Sub -sub- contractor or 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 /Architect, his agents or employees arising out of the preparation of maps, plans, reports, surveys, Change Orders, designs or specifications or the approval of maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer /Architect, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer /Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation 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 Subcontractor or Sub - subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit ads. (a) Especially in consideration of the Contractor's right to control of the site and the actual execution of construction, it is covenanted that the Contractor shall be liable for all claims, suits and actions for damages to property based on inverse condemnation or otherwise and shall indemnify the City for any debts, charges or costs arising therefrom. 3.18 Insurance The Contractor shall carry insurance and furnish Certificate of Insurance conforming to Section 00130, "Certificate of In- surance" as follows for the duration of this contract: (a) Statutory Workmen's Compensation (b) Comprehensive General Liability Insurance with minimum Bodily Injury Limits of $500,000 for each occur- rence and Property Damage Insurance with minimum limits of $250,000 for each occurrence to include Prem- ises — Operations, Explosion, Collapse, Underground Hazard, completed operations, Broad Forms Property Damage, Independent Contractors, Personal Injury and Contractual Liability Coverage. (c) Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily In- jury of $250,000 for each person and 5500,000 for each occurrence and $250,000 Property Damage. Con- tractor shall require subcontractors to provide Automobile Liability Insurance with same minimum limits. (d) On all new and remodeling building projects, Builders Risk Insurance for insurable building projects insured in the amount of the contract price for such improvements, which coverage shall include fire, lightning, extended coverage, vandalism and malicious mischief. This insurance shall include, as insured, the City of Austin, the Contractor, Subcontractors and Sub -sub- contractors in the work, as their respective interest may appear. The City and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by the Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. The Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. Page 13 Rev. 11/03/86 00140 If the insurance policies are not written for the amounts specified in B and C above. the Contractor is required to carry an Excess Liability Policy for any difference in the amounts specified. Any special Umbrella Liability coverage shall be speci- fied in the Special Conditions. The Contractor shall be responsible for any deductions stated in the policies. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been reviewed by the City Contract Administration Office. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Engineer /Architect 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 Workers Compensation) stet: 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 insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced. restricted or limited until 45 days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insur- ance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent o! the insurance, the location and the operations to which the insurance applies, the expiration date and the above mentioned notice of cancellation clause. 3.19 Final Cleanup Upon completion of the work and before acceptance and final payment will be made, the Contractor shall clean anc - e- move from the site of the work, all surplus and discarded materials, temporary structures and debris of every kind. He s • =.11 leave the site of the work in a neat and orderly condition at least equal to Thal which originally existed. Surplus and w sre materials removed from the site of the work shall be disposed of in a permitted disposal area satisfactory to the Engir,:er Architect. In the event Contractor fails or refuses to clean up and remove surplus materials and debris as above provided, the Owner or Engineer/Architect 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 Project Manual and Plans included in this contract for a period of one year from the date of acceptance of the project. except for Building Projects when the Contractor warrant period begins at sustantial completion. Said warranty binds the Contractor to correct any work that does not conform with such Project Manual and Plans or any defects in workmanship or materials furnisned under this contract which may be discovered 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 /Architect by repairing same to the condition called for in the Contract. 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 by calling the Contractor's "Performance Bond" as stated in Section 00134. 4.00 Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise specifically provided, that the Contractor shall be allowed to prosecute his work at such time and seasons, in such order of precedence, and in such manner as shall be the most conducive to economy of construction: provided. however, that the order and 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 Project Manual. and within the time of completion designated in the Bid; provided, also, that the Owner or his Engineer /Architect may direct the time and manner of constructing the work done under this contract, only to the extent conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, monthly or at such times as may be requested by the Engineer /Architect, amended schedules as required under Section 00060, 18 B (1) which shall show the order in which the Contractor proposes 10 carry on the work, with dales at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. Time is of the essence to this contract. The completion dates shall constitute the milestones for progress of the project. Failure of the Contractor to achieve a milestone, atter the allowance, if any, of additional days by the Engineer Architect. for a period of 30 days consecutively after the milestone date (or f1 extended by the Engineer/Architect. the extended date) shall be grounds for termination of the contract by the City of Austin without liability to the Contractor. In that event the City may elect to give notice to the performance bond surety of the termination and institute performance procedures there- 00140 Bev. 11/03 Page 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 under and be reimbursed for all rebidding costs. Alternatively, the City may waive proceeding against the surety and Con- tractor and pursue other actions tor completion of the project. The waiver of one or more failures to achieve milestones will not be construed as a waiver of any other such failures. Unless additional time for removal is granted by the Engineer /Architect, in event of termination for failure to achieve a milestone, the Contractor shall remove all its equipment, machinery, tools and vehicles from the site within not more than 7 days after the order to do so by the Engineer /Architect. All such items not so removed may be evacuated by the City without liability to the Contractor or any subcontractor and the costs of such removal shall be chargeable to the Contractor. If the work embraced by this contract is not completed on or before the time specified in this contract, then, without preju- dice to any other rights, claims, or remedies the Owner may complete the work and any Engineering /Architectural casts, inspection costs and expenses incurred in completing the work, from the originally agreed upon completion date to the final completion date of all the Work, shall be borne by the Contractor, and will be deducted by the Owner from the final amount of the Contract sum. 4.02 Extension of Time (A) Working Day Contract Shoul the contractor be delayed by losses from natural causes, an extension of time may be allowed. When the Contractor is at fault and the Engineer /Architect stops the work, so that corrections in the work can be made by the Contractor, no extension in time will be allowed. Should the Contractor be delayed in the completion of the work by any acts or neglect of the Owner or Engineer /Arcthitect, any employee of either, by acts of Owner or ether Contractors employed by the Owner, by changes ordered in the work, by strikes, lockouts, fires, by unusual d.. =!ays by common carriers, by losses from natural causes or unavoidable cause or causes beyond the Contractor's control or by any cause which the Engineer /Architect shall decide justifies the delay, an extension of time snail be allowed for completing the work, sufficient to compensate for the delay. The amount of the extension shall be determined by the Engineer /Architect, provided, however, that the Contractor shall give the Engineer /Architect notice within 10 days in writing of the cause of such delay. Calendar Days Contract There shall be no extension of time permitted, except when acts of the Owner or other Contractors employed by the Owner or changes ordered in the work justifies an extension of time. The amount of any extension shall be deter- mined by the Engineer /Architect based on prompt notice in writing by the Contractor of the cause of such delays. (B) 4.03 Computation of Contract Time for Completion The Engineer /Architect will furnish the Contractor a monthly statement on forms furnished by the Engineer/Architect show- ing Number of working days charged during the month, total number of calendar or working days allowed in contract, and the working days remaining under the contract. The Contractor will be allowed 10 days in which to protest the correctness of the statement. This protest shall be in writing and Shall show cause. Not filing a protest within the allowed 10 days for any time statement will be deemed the Contractor's approval of the time charges as shown on that time statement and future consideration of that statement will not be permitted. If the satisfactory completion of the contract shall require un- foreseen work or work and materials in greater amounts than those set forth in the contract, then additional working days or suspension of time charge will be allowed the Contractor equal to the time which, in the opinion of the Engineer, the work as a whole is delayed. 4.04 Hindrances and Delays The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost 10 the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City or access to the work. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer /Architect and if by him found correct shall be approved. If delay is caused by specific orders given by the Engineer /Architect to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, the such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the Engineer/Architect. No such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. 5.00 Measurement and Payment 5.01 Quantities and Measurements On unit price contracts, no extra or customary measurements of any kind will be allowed, but the actual measured and /or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided or Plan Quantity is specified. When Plan Quantity is indicated, the Contractor shall be paid the amount specified without any measurements. If the Contractor contests the accuracy of the Plan Quantity and the Engineer /Architect recalculates the quantity and determines the original value is in error by 5 percent or more, the recalculated quantity will be substituted for the original pay Plan Quantity. Page 15 Rev. 11/03/66 00140 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended 10 show clearly all work to be done and mate- rial 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, it is understood that they are approximate and are to be used only as a bass for estimating the probable cost of the work and for comparing the proposals offered for the work. It is also 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. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, antici- pated 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 bid_ provided, however, that in case the actual quantity of any major item should become as much as 20 percent more than or 20 percent less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled 10 a revised consideration upon the portion of the work above or below 20 percent of the esti- mated quantity. A major item shall be construed to be any individual bid item incurred in the bid that has a total cost equal to or greater than 5 percent of the total contract cost, computed on the basis of the bid quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agree- ment 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 embraced in this Contract in full conformity with the specifications and stipulations herein contained. the Owner agrees l0 pay the Contractor the prices set forth in the Bid 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 properly and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Payroll Records The Contractor and all approved Subcontractors on this project will submit weekly payrolls on standard forms conforming to the requirements of Section 00060, "Instructions to Bidders" to the Contract Administration Office, Public Works Departmem. 5.05 Partial Payments By the 25th day of each month, the Inspector/Contractor shall submit to the Engineer. /Architect a statement showing the total value of the work performed up to and including the 24th day of such month. The statement shall also include the value of all sound materials, equipment and machinery delivered on the job site with a release of lien or a paid invoice to be included in the work to transfer the ownership to the City, all partially completed work whether bid as a lump sum or a unit price item which in the opinion of the Engineer/Architect is acceptable. The Engineer/Architect shall examine and approve or modify and approve such statements within 3 calendar days. On Contracts in which the successful bid amount is less than $400,000.00, the Owner shall pay the Contractor the total amount of the approved statement, less 10 percent 01 the amount thereof, which 10 percent 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. On Contracts in which the successful bid amount is $400,000.00 or more, the amount of retainage shall be 5 percent of the amount of the approved statement. The amount due may be paid or mailed on or before the tenth day of the following month. It is understood, however, that in either case, if 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/Architect pay a reasonable and equitable portion of the retained percentage to the Con- tractor: or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, there- upon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". 5.06 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions that may not have expired but such taking posses- sion and use shall not be deemed an acceptance of any work not completed in accordance with the Contract. 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 EngineerArchitect may determine. 00140 04'17186 Page 16 1 1 1 1 1 1 1 1 C I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.07 Final Completion and Acceptance The Contractor shall notify the Engineer /Architect when all punch lists items are completed. The Engineer /Architect will arrange a final inspection with the Contractor and if all work on the project has been constructed in accordance with the Contract and record plans submitted to the Engineer /Architect, the Engineer /Architect will issue a letter of final accep- tance. On Public Works Projects, with beneficial occupancy, the final acceptance date begins all warranties except Building Projects. When the warranty period has expired and any corrective work has been completed satisfactorily, the Performance Bond for the project shall be released. 5.08 Final Payment Upon the issuance of the Letter of Final Acceptance, the Contractor /Inspector shall prepare the final statement for review and approval by the Engineer /Architect. The Engineer /Architect shall proceed to make final measurements for unit price contracts and approve the 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 after the 30th day and before the 35th day atter the date of the Letter of Final Acceptance, 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 provisions in the Contract, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.09 Payments Withheld The Owner may withhold or nullity the whole or part of any payment to such extent as may be necessary 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 by the Contractor against the City or Public against the Contractor or the City. (c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. (d) Damage to the Owner or another Contractor's work, material or equipment. (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. (g) Failure to submit weekly payroll reports. (h) Other causes affecting the performance of the contract. When the above grounds are removed the Contractor shall resubmit a statement tor this value of work performed and the Owner shall pay the amount of the approved statement. Payment shalt be made within 30 days. 5.10 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any approved partial or final statement when payment is due, not later than the 30th calendar day after the day on which the City received the statement, the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, except for payments withheld under Article 5.09 above, interest thereon at the rate of 1 percent per month, 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 hereunder. 6.00 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 revi- sions to the work; such changes will be authorized by Change Order to be prepared by the Contractor or Engineer /Archi- tect 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. In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer/Architect and executed by the Owner, the Engineer /Architect 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 /Architect may authorize minor changes in the work not inconsistent with the overall intent of the Contract and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by Page 17 04/17/86 00140 the Engineer/Architect involves Extra Work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer /Architect for a written Change Order. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered 'ay the proposed change. 6.03 Extra Work h 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 schedule of values or the unit prices upon which its 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 schedule of values. Method El By agreed lump sum. 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 15 percent. In the event said Extra Work be performed and paid tor under Method C, then the provisions of this paragraph shall airy and the "actual field cost" is hereby defined to include the cost of the Contractor of all workers, such as foreman, time- keepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actu- ally employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transportation 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, inducing Social Security, Old Age Benefits and other payroll taxes and a ratable proportion of premiums on Performance and Pay- ment 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 as directed by the Owner, or by them agreed to. The Engineer Architect may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer /Architect. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, 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 incorporated in the Written Extra Work Order. The 15 percent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead. general superinten- dence, 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 primarily 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 /Architect. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensa- tion or an adjustment in the construction time, he shall make written request to the Engineer/Archilect for a Change 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 /Architect insists upon its performance, the Contractor shall proceed with the work after making written request for a Change Order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method C. 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 /Architect within 30 days after the Engineer /Architect has given any directions, orders or instructions to which the Contractor desires to take exception. The Engineer /Architect shall reply within 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 /Architect's decision, any demand tor arbitration shall be filed with the Engineer /Architect and the Owner in writing within 10 days after the date of delivery to Contractor of the Engineer/Architect's final decision. It is further agreed that final acceptance of the work by the Engineer /Architect 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. Final payment is considered to have taken place when the Contractor or any of his represen- tatives exchanges the City's final payment check, whether labeled final or not, tor cash or deposits the check in any finan- cial institution for its monetary return. 00140 04/17/86 Page 18 1 1 1 1 1 1 1 1 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 7.00 Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon, fail to maintain an adequate work force on the project at all times or refuse to resume work within 10 days after written notification from the Engineer /Architect or if the Contractor fails to comply with the instructions of the Engineer /Architect, when such instructions are consistent with the Contract, 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 machinery, 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 under- stood 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 10 days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may thereupon employ such force of workers 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, ma- chinery, equipment, tools, materials and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may thereafter at any time become due to the Contrac- tor under and by virtue of this Agreement. In case such expense is less than the sum which would have been pay- able 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 (b) 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 therefor. 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 has been completed, the Contractor and his Surety shall be so notified and a Letter of Final Acceptance as provided in Paragraph 5.07 hereinabove, shall be issued. A complete itemized statement of the contract accounts, pre- pared and certified by the Engineer /Architect as being correct, shall then be delivered to the Contractor and his Surety, whereupon the Contractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 35 days after the date of such Letter of Final Acceptance. 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 Con- tractor 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 certified mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual writ- ten 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 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 Con- tractor or his Surety to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. Page 19 04/17/86 00140 7.02 Abandonment by Owner The City reserves the right to alter the plans, add or delete a portion of the improvement, cancel any portion or abandon the work by cancellation of the contract. All alterations, cancellations, abandonment, additions or deletions shall be authorized in writing by the Engineer;Architect before work is started, stopped or terminated. Such authorization shall establish the method of payment resulting from this action. In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within 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. The Engineer /Architect 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 bid 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 tor 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 /Architect 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 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. 8.00 Subcontractors 8.01 Award of Subcontracts for Portions of the Work The Contractor shall submit, in writing, detailed information for all Subcontractors proposed for the principal portions of the work to the Engineer/Architect for approval conforming to Section 00060, "Instructions to Bidders ". The Contractor shall not contract with any Subcontractor or any person or organization including those who are to furnish materials, equipment fabricated to a special design proposed for portions of the work designated in the Contract until the Engineer/Architect has concurred with the selection in writing. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has an objection. If the Engineer/Architect 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 Engineer /Architect, unless the substitute is acceptable to the Engineer//Architect. 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 Subcontractors and Sub- subcontractors) which shall contain provisions that: (a) Preserve and protect the rights of the Owner and Engineer /Architect under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights. (b) Require that such work be performed in accordance with the requirements of the Contract. (c) 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. (d) Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect t0 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 for like claims by the Contractor upon the Owner. (e) Obligate each Subcontractor specifically to consent to the provisions of this section. 1.03 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 01 such Subcontractors work, less the percentage 00140 04/17/86 Page 20 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to their subcontractors. If the Engineer /Architect 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 alter the Certificate of Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer /Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information re- garding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer /Architect shall have any obligation to pay or to see to the payment of any monies to such Subcontractor except as may otherwise be required. 9.00 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. 1 1 1 1 1 1 1 1 1 When separate contracts are awarded for different portions of the Project, The Contractor" in the Contract 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 coordinate his work with theirs. If any part of the Contractors 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 /Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor 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 sus- tained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and it any judgement 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 complete his work except as otherwise specifically provided in the Contract. 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 /Architect. Any costs caused by defective or ill -timed work shall be borne by the party responsible thereof. 10.00 Protection of Persons and Property 10.01 Notification of Property Owners The Engineer /Architect will notify property owners abutting the right -of -way of the impending construction. The Contractor will be expected to exercise diplomacy and good tact with the individual property owners. 10.02 Protection of Private Property The Contractor shall repair or replace all fences, concrete walls, concrete curbs, gravel and asphalt driveways, signs, culvert and all other miscellaneous improvement damaged by the Contractor due to his operations on the project to a condition equal to or better than their condition before construction, at no additional expense to the City. 10.03 Protection of Adjoining Property The Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encoun- tered, 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 construction; 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 Page 21 04/17/86 00140 harmless the Owner and EngineerArchitect against any claim or claims for damages due to any injury adjacent or adjoin- ing 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. In the event of injury the requirements of Paragraph 3.09 shall apply. 10.04 Mall Boxes It shall be the responsibility of the Contractor to remove, reset temporarily, and relocate permanently all mail boxes that are within the construction site limits as directed by the United Slates Postal Service. They must not be laid on the ground, but must be temporarily reset the same day as removed. Payment for removing and resetting of mail boxes will not be paid directly, but will be considered subsidiary to items in the bid. Any damage to the mail boxes or posts shall be the responsi- bility of the Contractor. 10.05 Driveways Unless otherwise indicated, the approach grade of existing driveways shall be modified as indicated and as directed by the Engineer /Architect. The Engineer /Architect shall contact the property owners whose driveways require grade modification beyond the street right of way and shall obtain their concurrence for the approach grade modification. Within the right 01 way, all driveways shall be replaced with concrete driveways. Outside the right of way when approach grade modifications are required, flexible base shall be used to resurface existing dirt or gravel driveways, asphalt and concrete drives shall be replaced in kind. The excavation. flexible base. Portland Cement concrete and Asphaltic Concrete used in driveways as prescribed above will not be measured for payment but will be considered subsidiary to the various pertinent bid items in the Contract unless payment is included as a Contract pay item for their respective Contract bid items. 10.06 Removal or Relocation of Fences and Sprinkler Systems Removal or relocation of privately owned fences and sprinkler systems not specified in the bid and in the public right of way is the primary responsibility of the properly owner. The Engineer/Architect will cause the property owners to be aware of any known conflicts and encourage them to make the desired adjustments in advance of construction. In the event the property owner does not or will not make the adjustments necessary for construction of the improvements to be made under this contract. the Contractor, atter receiving written approval from the Engineer /Architect, will remove those portions that interfere with his work, as follows: (a) Fences will be disassembled, by hand, into hand manageable sizes and placed on the private property. (b) Sprinkler systems, after assuring electrical or mechanical controls are disconnected, will have the sprinkler heads, valves, controls or any item other than distribution pipe or wire, saw cut from the system and presented to the property owner. Where cut, the pipes will be permanently capped or plugged. This work will not be paid for directly but will be subsidiary to other bid items. 10.07 Safety Precautions and Programs The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.08 Emergency Facilities Free access shall at all times be maintained to all lire lanes and emergency and utility control facilities such as fire hydrants, fire alarm boxes, police call boxes, and utility valves, manholes, junction boxes, etc. In the event that it is necessary to make one of these facilities temporarily inaccessible. the Contractor shall obtain approval of such action and the schedule of work from the Engineer /Architect. He shall also give at least 24 hours prior notice to the Fire Department, Police Department or the department governing the affected utility. The same department (s) shall be promptly notified by the Contractor when such facilities are placed back in unobstructed service. 10.09 Emergency Work Authorized agents of the Contractor shall respond immediately to call -out at any time of any day or night when circum- stances warrant the presence on the project site of an agent of the Contractor to protect the work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the work as may be necessary to provide for the safety of the public. Should the Contractor and his agents fail to respond and take action to alleviate such an emergency situation, the Engi- neer/Architect may direct City forces to take action as necessary to remedy the emergency condition. In such a case the City of Austin will deduct the cost of such remedial action from funds due the Contractor under this or any other contract for the City of Austin. 00140 Rev. 11/03/86 Page 22 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 1 1 10.10 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: (a) All employees on the work and all other persons who may be affected thereby; (b) All the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, road- ways, structures and utilities not designed 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 au- thority 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 protec- tion, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. (0) 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. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Fed- eral, State, local laws and Ordinances. All City Ordinances shall be adhered to 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 partial list of requirements in addition to Federal, State, and local laws and Ordinances: (a) The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least 24 hours prior to using explosives. A blasting permit must be obtained from the City at least 5 days prior to use of explosives. 11 blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. (b) The Contractor shall apply for a "Blasting Permit" from the Director of Public Works and Engineering and notify all public utilities and franchise holders prior to any blasting. (c) Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Public Works Department. (d) 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 Explosive Officer, the permit or by safe blasting practices. Ground vibrations shall be measured by appropriate instrumentation adjacent to side of structures nearest the shot location, and shall not exceed 1.0 inches per second peak particle velocity. (e) All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38- 11.201, of the City Code. The Director of Public Works and Engineering or his representative shall have the right to limit the use of ex- plosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 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 Explosive Officer or by Consulting Firms ap- proved by the City. (h) The Contractor shall maintain accurate records throughout the blasting operations showing the location of shots relative to nearby structure, 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 tufty re- sponsible tor all claims resulting from his blasting operation. All damage or loss claimed to any property referred to in this article caused in whole or in part by the Contractor, 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. Damage or loss attributable solely by errors and omissions in the Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer /Architect or anyone employed by either of them, are not the responsibility of the Contractor. (1) (g) Page 23 04/17'86 00140 The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer/Architect. 10.11 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protec- tion of any and all public lines and utility customer service lines in the work area. The Contractor shall notify One Call" and 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 the Contractor's obligation hereunder, which shall be primary and nondelegable. The Contractor shall indemnify or reimburse such expenses or costs (including fines that may be levied against the City) that may result from the unauthorized or accidental damage to all public lines and utility customer service lines in the work area. The City reserves the right to repair such damage the Contractor may cause. 10.12 Public Utilities In case it is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer /Architect. Care shall be exercised in excavation near utilities. If at any time the Contractor damages the utilities in place through negligence or carelessness, the Contractor shall notify the appropriate person in repairing the damages. The Contractor shall notify the appropriate person in the office of any utility whose lines may be affected. All utility adjustments necessary to complete this Contract will be done by the owners of the various utilities. The location of utilities shown on the plans are approximate only and do not necessarily indicate all the utilities that may be encountered during construction. The failure of a utility to be shown on the plans does not relieve the Contractor of the responsibility to protect the utility lines. Whenever other utilities are encountered whose present grade would conflict with the new construction, the Contractor shall notify the Engineer/Architect who shall arrange revisions without unreasonable delay. Any loss or damage to the Contractor arising out of the conflict shall be sustained and bome by the Contractor at his own cost and expense. Trench- ing or tunneling under existing utilities, culverts, etc. and providing temporary support, shall be done at no additional ex- pense to the City. 10.13 Location and Protection of Survey Pipes and Monuments The Contractor shall exercise care to preserve and not disturb existing survey pipes, monuments and property corner markers. Any pipes or monuments disturbed shall be reset by a registered Public Surveyor at no cost to the Owner. 11.00 Public Safety and Convenience The Contractor shall maintain reasonable local vehicular and pedestrian dust free traffic, including the use of driveways, to proceed safely with minimum inconvenience, except during actual construction operations. Flagpersons shall assist traffic when the street is operating under a single lane. Two-way traffic shall be maintained at all other times. The Contractor shall maintain traffic by placing steel plates, temporary fill or bridging and temporary surfacing with gravel or paving. Sidewalks must not be obstructed, except by special permission of the Engineer /Architect. Access to private dwelling and to commercial establishments must be provided at all times. The safety of the public and the convenience of traffic shall be regarded as the prime importance. Unless otherwise di- rected, all portions of the streets in this project shall be kept open and provide a dust free, smooth comfortable ride to traffic. It shall be the responsibility of the Contractor to ensure that two -way traffic may safely bypass the construction site and that access is provided to abutting private property. The Contractor shall plan and execute his operations in a manner that will cause a minimum interference with traffic. The Contractor shall place and maintain in good condition, standard barricades at each end of the project and at other locations where traffic is rerouted or blocked from using regular traffic lanes. Barricades and warning signs shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. Signs, barricades and warning devices informing the public of construction features will be placed and maintained by the Contractor who shall be solely responsible for their maintenance. The Contractor shall cooperate with the Urban Transportation Department of the City and shall do the necessary cleanup and finishing immediately atter all or a portion of the pavement has been placed, so as to allow the City to provide the required traffic control if the Contract does provide tor traffic control. 00140 04/17/86 Page 24 c 1 1 1 1 1 1 1 1 1 (1 1 1 1 1 1 1 1 11.01 General Requirements 12.00 Trees (A) Contractor (1) It shall be the sole responsibility of the Contractor to furnish, install, and maintain barricades, detour signs. warning signs, flashers and all regulatory traffic control devices of the size and type specified. at locations indicated, or as directed or approved by the Engineer /Architect conforming to the Texas Manual on Uniform Traffic Control Devices, 1980, Part VI, Traffic Control for Street and Highway Construction and Maintenance Operations. (2) All barricades placed in the roadway for the purpose of warning or directing traffic shall have flashers attached for use during the hours of darkness. Throughout the life of the contract, all existing roads included in its scope will be maintained by the Contractor to a condition, in the opinion of the Engineer /Architect, which is equal to or better than that which existed as of the work order date. The maintenance of the existing roads will take priority over all other work items and will be subject to a 7- daya•week, 24- hours - per -day time frame. It is the intent of this specification to provide a smooth and safe riding surface for all vehicles. This could include, but not be limited to, small cars, motorcy- cles, mopeds and bicycles. If the condition of the street surface deteriorates, for any reason, the necessary steps shall be taken to insure immediate restoration. (4) During the construction of streets and drainage projects, if the conditions of the existing street surface require upgrading from their beginning state, a separate pay item will be included in the bid. otherwise. the main- tenance will not be paid for directly but shall be considered as subsidiary work to various bid items of this contract. (3) (5) (6) (8) In the event that the Contractor tails, in the opinion of the Engineer /Architect, to maintain the required smooth sudace for public comfort. fads to provide ingress and egress to private property. does not provide and main- tain the proper traffic control devices, the City may provide these services and deduct the cost thereof. includ- ing overtime and administrative expenses, from all estimates thereafter due the Contractor. Such action by the City shall not relieve the Contractor of his liability to protect the public at the construction site. The Contractor shall notify the Police Department, Fire Department and the Urban Transportation Depart- ment, at least 4 working days in advance of beginning the proposed work with the intention to close or partially block the street or any part thereof, or of any construction affecting the free flow of traffic and the plan to adequately provide barricades and warning devices. The same parties shall be notified when normal traffic flow is restored. (7) Should the Contractor, in his operations, reduce an existing two -way roadway to less than 20 feet. he shall provide flagmen and route traffic through the construction area one lane at a time. A flagman will be required any time it is necessary for the Contractor's equipment to move into or across an open traffic lane or at other such times as directed by the Engineer /Architect. A flagman shall be utilized to aid the exit of hauling equipment from open traffic lanes to the work area, and the entry of hauling equipment from the work area to open traffic lanes. Flagmen will be dressed and operate in accordance with the Texas Manual on Uniform Traffic Control Devices_ (9) A permit must be obtained from the Texas SDHPT District 14, prior to work being performed on state highway routes passing through the City. (B) City of Austin (1) Should the Contractor request a detour, the Director of the Urban Transportation Department of the City of Austin. will consider the request and establish any detour routes approved. 11.02 Street Markers and Traffic Control Signs It shall be the responsibility of the Contractor to remove, preserve and reset, as required, Street Marker and Traffic Control Signs that are within the construction limits to the line and heights as described in the 1980 Texas Manual on Uniform Traffic Control Devices before any sidewalks or street excavation is begun. Signs shall not be laid on the ground. No payment will be made for this work but it will be considered subsidiary to the unit price bid for the various bid items. The Traffic Sign Activity Section of the Urban Transportation Department (499 -7170) shall be notified a minimum of 2 working days prior to the completion of the project so that the signs may be checked for damage. Any damages to the signs or posts shall be paid for by the Contractor. No trees are to be removed. damaged, pruned or destroyed without the permission of the Engineer Architect or his repre- Page 25 04 17 86 00140 SECTION 01- INFORMATION 01 -01 ENGINEER The word "Enginee in the Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contrator 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 phis 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under the Plans and Specifications shall be governed by any existing Resolutions, codes and Ordinances, and any subsequent amendments or revisions thereto as ast forth by the Owner. 01 -03 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 incape+ls of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion af the work herein specified and contracted for, after due allowance for such extension af time as is provided for under the provisions of Section 4.0 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per ralendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The Contractor shall strive to use that amount of weather which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 -07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.0$ 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 commencing the work associated with this contract,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 capanies perform such services at their can expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship for a period of one (1) year from the date of final acceptance by the Owner. Materials furnished shall be free from defects tor a period of one (1) year or the period provided by the manufacturer, whichever is longer, fran the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and 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 -04 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. SC -2 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim tor damages for anticipated profits on any portion of work that may be emitted. At any time during the duration of this contract, the Owner reserves the right to snit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of :materials and workmanship. 02 -07 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 described in the contract documents and technical specifications. All items of work not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Owner. 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 carpleted 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. SC -3 Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury Property Damage $300,000 each person $300,000 each accident $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 Compensaion and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. 5C -4 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS General Requirements- Section 01- Summary of Work 1.01 General The water tank repair project includes all work shown on the plans and described in the specifications. This includes cleaning the interior, sand blasting steel surfaces, painting of steel surfaces, and disinfecting the water tank according to State of Texas Health criteria. Only one (1) tank will be isolated from the City's water system during the rehabilitation work and as such the Contractor will coordinate work sequences to minimize draw -down time on each tank. Section 02- Measurement and Payment 2.01- General Measurement of an item of work shall be by the unit indicated in the Bid Schedule. Payment shall be made at the Contract price per unit indicated in the Bid with total price of the contract being equal to the Total Bid, as specified and as modified, by extending unit prices multiplied by quantities as appropriate to reflect actual wank. Such price and payment shall constitute full compensation to the Contractor for furnishing all labor, equipment, tools, and materials, and for performing all operations required to furnish to the City the entire project, complete in place, as specified and as indicated on the plans and in the specifications. 2.02 - Schedule of Values Within 10 days after award of the Contract, the Contractor shall submit a breakdown of his lump sum bid items to the Engineer for use in the freparatin of progress estimates for the Project. Breakdown shall tabulate quantities and unit prices to be applied for the various features of the Work in suffucient detail to permit it use in preparation of progress estimates. The cost breakdown shall not be unbalanced. The Engineer will not approve a progress estimate for payment until a satisfactory cast breakdown has been submitted. Progress payments for materials on hand and equipment delivered for installation as part of the Work will be based on invoices. Section 03- Product Data 3.01 - General Product Data: Collect required data into one submittal of each of work or system, and mark each copy to show which choices and options are applicable to project. Include manufacturer's standard printed recommendations for application and use, compliance with standars, application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements. maintain one set of product data (for each submittal) at project site, available for reference by the Engineer or others. Submittals: Do not submit project data, or allow its use on the project., until compliance with requirements of Contract Documents have been confirmed by the Contractor. Submittal is for information and record, unless otherwise indicated. Initial submittal is final submitted unless returned promptly by the Engineer, marked with an "Action" which indicated an observed noncompliance. Submit three (3) copies, one (1) of which will be returned. Section 04- Painting 4.01- General Each tank shall be painted inaccordance with A W W A Standard D -102. The Contractor shall submit for aspproval the type of paint he/she proposes to use. The submittal shall contain the information as defined in Section 03. 4.02- Paint System The interior paint system shall be a two coat epoxy system in compliance with A W W A Interior paint System No. 1, having a minimum total dry film thickness of eight (8) mils. field surface preparation for the interior paint system shall be a near white blast cleaning (SSPC- SP10). The exterior painting system shall be a two coat epoxy system in compliance with A W W A D102; The prime coat shall have minimum of 4 dry mils. The finish coat shall be a semi-gloss polyurethane with a high resistance to abrasion. The finish coat shall have a minimum of 2 dry mils. and have long color and gloss retention. Field surface preparation for the exterior paint system shall be a commercial blast cleaning (SSPC -SP6). 4.03- Approved Products Painting manufacturers for interior and exterior coatings shall be as follows ar approved equal. 1. Tnemce (Series 20) 2. Koppers (Higuard) 3. Approved equal 4.04 Color Selection The colts selection shall be approved by the Owner. 4.05 - Blasting Sand Sand for blasting shall be a sharp white silica sand of fine grade mesh. This sand shall be clean, dry and free of clay particles and other extraneous mater. The Contractor shall submit f o r approval the type of sand proposed to be used. The compressed air used for blasting shall be free of detrimental amounts of water and oil; compr ors shall have adequate traps and separators. 9.06- Paint Application 1. General All work shall be done in a workmanlike manner, so that the finished coating will be free from holidays, pin holes, bubbles, runs, drips, ridges, waves, laps, unnecessary rush marks and variations in color, texture and gloss. All coats shall be applied in such a manner as produce an even film of uniform thickness. 2. Labeling, Storing, Mixing and Film Thickness All materials shall be brought to the painting jobsite in the original sealed and labeled containers of the paint manufacturer. The painter shall apply each coating at the rate and in the manner specified by the manufacturer. If material has thickened or must by diluted for application by spray run, the cuing shall be built up to the same film thickness achieved with undiluted materiaL Deficiencies in film thickness shall be corrected by the application of additional coats of paint. Paints which can be harmed by exposure to cold weather shall be stored in heated shelters. During application, the paint in the spray tank or other working container shall be not less than 50 degrees fahrenheit. 3. Atmospheric Conditions No paint shall be applied when the surrounding air temperature, as measured in the shade, is below 40 degrees fahrenheit. No paint shall be applied when the temperature cif the surface to be painted is below 40 degrees fahrenheit. Paint shall not be applied to wet or damp surfaces, and shall not be applied in rain, snow, fog or mist, or when the relative humdity exceeds 85 percent or when it can be anticipated that the air temperature will drop below 40 degrees fahrenheit within 18 hours after the application of the paint. Dew or moisture condensation should be anticipated, and if such conditions ar prevalent, painting shall be delayed until mid - morning to be certain that the surfaces are dry. The day's painting shall be completed well in advance of the probahlp time of day when condensation will occur, in order to permit the film an appreciable drying time prior to the formation of moisture. During periods of inclement weather, painting may be continued by ensuring minimum air, surfaces and paint temperatures prescribed above are maintained. Paint shall not be applied to surfaces which are hot enough to cause blistering or pinholing of the film. 4. Protection of Paint Surfaces Where shelter or heat is provided for paint surfaces during inclement weather, such protective measures shall be maintained until the paint film has dried, or discontinuation of the measures is authorized. Items which have been painted shall not be handled, worked on or otherwise di +rbed until the paint coat is completely dry and hard. 5. Drying Time Prior to Immersion Drying time prior to immersion, installation or otherwise handling painted surfaces shall be as recommended by the paint manufaturer. 6. Inspection All painting will be inspected for applied coating thickness and for pinholes and holidays. Such infection will not relieve the Contractor cf the responsibility of furnishing qualified 1a r and materials in strict accordance with the specifications. The Contractor shall also furnish an approved type of low voltage dry mil gauge apparatus to measure the dry film thickness. The Elcometer Thickness Gauge shall be furnished by the Contractor for inspection. The Conli_actor shall also furnish holiday detector devices. Holiday detetor devices shall be approved low-voltage type. All of the above inspection gauges shall be furnished and on the job before painting operations are allowed to proceed, and shall remain on the pb until its completion and acceptance. The contractor or his representative shall instruct on teh proper use and care of all such gauges. The above required testing gauges furnished are returnable to the Contractor upon completion of the pb. The cwt of furnishing all of the above required gauges shall be borne by the Contractor. Section 05- Painting (Other than tanks) 5.01- General This work consists of furnishing all labor, materials, equipment and performance of all operations required to paint all piping values and related items attached to the tank and terminationg at ground level. 5.02- Paint System The paint system shall be submitted by the Contractor for approvaL The paint system shall meet either Federal or A W W A standards for pre - painted surfaces. Fi ]d surface preparation for the paint system shall be a brush-off blast cleaning (SSPC- SP7 -63). 5.03- Color Selection The color shall be the same as the finish tank coat. SECTION 06-WELDED &L EL GROUND STORAGE TANK 06 -01 General This item consists of the dPcign and construction of one welded steel ground storage tank in accorance with the Plans and AWWA Specification D100 (latest revision). 06 -02 Drawings The ground storage tank contractor shall submit detailed drawings of the grund storage tank repair for approval by the Engineer prior to fabrication. 06 -03 Accessories Accessories shall be as shown on the Plans. 06 -04 Design and Materials Material, design, welding, shop fabrication, erection and inspection of the standpipe shall conform to all applicable portions of Specifications AWWA D -100 and AWS D5.2 for Elevated Steel Water Tanks, Standpipes and Reservoirs, as jointly adopted by the American Water Works Association and the American Welding Society in their latest amended form. No provision shall be made in the design for earthquake resistance nor shall an allowance be made for corrosion. Design for wind loads shall be based on areas subject to hurricanes. Standpipes may be designed using Appendix "C" of AWWA D -100 (latest revision). All lap -welds on non -water bearing plates shall be welded on both sides. 06 -05 Welding Welding procedures, welders, and welding operators shall be qualified in accordance with ASME boiler and Pressure Vessel Code Section IX, and AWWA D-100, Section 8. 06 -06 Inspection and Testing When applicable, shop inspection by a CWI (Certified Welding Inspector) shall be required to determine fabrication and operation compliance with AWWA D-100 code. Field inspection shall consist of visual inspection by a CWI to assure quality welding not determined by radiographic testing. NOTE: All floor welds will be SFT (solution film test), or vacuum tested as described in AWWA D-100 Section 11.11.1.2. Corner joints (shell to bottom welds) shall be leak tested with penetrating oil on the inside of the vessel before the outside weld is started. 06 -07 Measurement and Payment Construction of the ground storage tank, and other subsidiary items as shown on the drawings as included in the Bid Schedule or as shown on the Plans shall be measured and paid for at the unit price bid.