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R-94-12-22-10E - 12/22/1994ATTEST: RESOLUTION NO. / ( 2 " 9 - a- QeQ / 2e WHEREAS, the City of Round Rock has duly advertised for bids for the construction of a 12" waterline at U.S. Hwy 79 and Georgetown Street, and WHEREAS, Champion Site Preparation has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Champion Site Preparation, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Champion Site Preparation for the construction of a 12" waterline at U.S. Hwy 79 and Georgetown Street, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of December, 1994. ANNE LAND, City Secretary KS /RESOLUTION 2541222E CHARLES CTYLVF/PPER, Mayor City of Round Rock, Texas 12/20/94 14:16 ROUND ROCK PUBLIC WORKS -. 5122556676 December 15, 1994 Mr. Jim Nuse, P.E. City of Round Rock, Texas Public Works Department 2008 Enterprise Round Rock, Texas 78664 S. D. KALLMAN, INC. Engineers and Environmental Consultants RE: 12" WATER LINE IMPROVEMENTS @ U.S. HIGHWAY 79 & GEORGETOWN STREET ROUND ROCK, TEXAS RECOMMENDATION OF AWARD NO.948 P09 Dear Mr. Nuse: On Tuesday, December 6, 1994, at 2:00 p.m. we opened bids on the referenced project, and are pleased to report that we had an exceptionally good turnout on such a small project. Nine (9) .Contractors submitted bids, and attached is an itemized Bid Tabulation sheet of the bids received. The bids are summarized as follows: CONTRACTOR • LOCATION TOTAL BID AMOUNT Champion Site Preparation Georgetown s 27,749.81' Bay Maintenance Co. Horseshoe Bay $ 30,896.00 D.L. Elliot Construction Austin $ 31,110.00 A &D Excavation Austin $ 33,877.30 Round Rock Construction Round Rock $ 38,612.00 Borah, Inc. Round Rock $ 40,121.00 J.C. Evans Construction Austin $ 40,796.00 Austin Engineering Co. Austin $ 45,010.00 Nelson Lewis Cedar Park $ 52,896.00 Phone: 512/218 -4404 1106 S. Mays, Suite 100 Round Rock, Texaa 78664 `, Fax: 512/218 -1668 12/20/94 14:16 ROUND ROCK PUBLIC WORKS -. 5122556676 Mr. Jim Nuse, P.E., Public Works Dept. City of Round Rock, Texas RE: 12" WATER LINE IMPROVEMENTS (Q1 U.S. HIGHWAY 79 & GEORGETOWN STREET ROUND ROCK, TEXAS RECOMMENDATION OF AWARD December 15, 1994 Page 2 We have reviewed each Bid, and the lowest and best bid Is from Champion Site Preparation, Inc. (Champion) for a total contract amount of 827,749.81. Mr. John Gustainis is President of Champion, which is located in Georgetown, and has successfully completed projects in San Antonio, Lexington, and locally. References were interviewed, and all offered good references on projects under construction or completed by Champion. Those projects were: 1. City. of Georgetown; Site utilities & site excavation in November, 1994 for 8137,819.00. 2. City of Lexington; Street & Water Line improvements In November, 1994 for 8264,037.00. 3. Ince Distributing; Site work & Grading /Asphalt Paving In November, 1994 for 899,733.00. 4. Embry Construction Group; NTW Tire Store Georgetown; Site work & utilities in November, 1994. We recommend that this project be awarded to Champion Site Preparation, Inc. Should you have any comments or questions regarding this project or related matters, please do not hesitate to call. Cordially, S.D. KALLMAN, INC. ENGINEERS AND ENVIRONMENTAL CONSULTANTS Steven D. Kaltman, P.E., R.P.L.S. President SDK:aw1343•o94.001 Attachment cc: Mr. Al Wille, P.E., City Engineer, City of Round Rock, Texas NO.946 D10 1220/94 14:16 ROUND ROCK PUELIC WORKS - 5122556676 DATE: December 20, 1994 SUBJECT: City Council Meeting, December 22, 1994 ITEM: 14E. Consider a resolution authorizing the Mayor to enter Into a contract with Champion Site Preparation for the construction of a 12" waterline In US 79 /Georgetown Street. STAFF RESOURCE PERSON: Jlm Nuse STAFF RECOMMENDATION: Nine bids were received, on December 6, 1994, for these improvements with the low bid submitted by Champion Site Preparation of Georgetown, Texas. The engineers summary of blds and verification of the low bidder's qualifications accompany this recommendation. Staff recommends award to Champion Site Preparation at their low bid of $27,749.81. NO.948 DOE JOE 1 1 1 1 1 1 S. D. Kaltman , INC. Engineers and Environmental Consultants • S. D. KALLMAN, INC. ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, TX 78664 (512) 218 -4404 (512) 218 -1668 (FAX) TRANSMITTAL/DELIVERY FORM To: City of Round Rock, Texas Date: January 11. 1995 Department of Public Works From: Steven D. Kaltman, P.E., R.P.L.S. 2008 Enterprise, R.R. TX 78664 Job #: 343 -094 Attn: Mr. Al Wille. P.E. Via: Mail X Hand Delivered _ Other _Project: 12" Water Line Improvements (D U.S. Highway 79 & Georgetown Street Enclosures: cc: 343-094 XT2 Correspondence Field Notes XXX Specifications & Contract Docs Prints Pay Estimates Submittal Data Original Drawings Change Orders Other ITEM # #SETS/ COPIES 1 7 Executed Specifications & Contract Documents Enclosures Transmitted: For Your Files As Requested For Your lnfo DESCRIPTION For Review & Comment Approved as Submitted XXX For Your Signature Returned for Corrections For Approval & Payment Other Remarks: Enclosed are seven (7) sets of the specifications & contract documents for the above - referenced project, as received today (January 11.19951 from the contractor, Champion Site Preparation. We ask that you sign & date all seven (7) sets where indicated, keep four (4) sets for the City's use, & return the remaining three (3) sets to us for distribution. RECEIVED BY: Date: 1 1 1 1 1 1 12" WATER LINE IMPROVEMENTS AT U.S. HIGHWAY 79 AND GEORGETOWN STREET 1 CONTRACT DOCUMENTS AND SPECIFICATIONS 1 City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 1 1 I Engineer: S. D. KALLMAN, INC. I ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 � �P E pF ..�� T � \� Round Rock, Texas 78664 I aa • Phone: (512) 218 -4404 t � l � Fax: (512) 218 -1668 d STEVEN D. KALLMAN s ' 0 ' • 40762 0 �u V& &Z�'orv,aM \-• ? -° SDK Job 343 -094 Set No. N tt TABLE OF CONTENTS Section Description 1 TITLE SHEET 2 TABLE OF CONTENTS 3 ADVERTISEMENT SUMMARY 4 NOTICE TO BIDDERS 5 PROPOSAL AND BIDDING SHEETS 6 BIDDER'S STATEMENT OF QUALIFICATIONS 7 BID BOND 8 AGREEMENT 9 PERFORMANCE BOND 10 PAYMENT BOND 11 MAINTENANCE BOND 12 CERTIFICATE OF INSURANCE 13 GENERAL CONDITIONS OF THE AGREEMENT 14 SPECIAL CONDITIONS OF THE AGREEMENT 15 TECHNICAL SPECIFICATIONS ADVERTISEMENT SUMMARY OWNER: CITY OF ROUND ROCK, TEXAS LOCATION: Round Rock, (Williamson County), Texas PROJECT TITLE: 12" WATER LINE IMPROVEMENTS AT U.S. HIGHWAY 79 AND GEORGETOWN STREET BID BOND: 5% of Bid PERFORMANCE BOND: 100% of Contract Amount PAYMENT BOND: 100% of Contract Amount MAINTENANCE BOND: 100% of Contract Amount for One (1) Year Period per City of Round Rock Ordinances PLANS AVAILABLE: S. D. KALLMAN, INC. ^- ^- ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, Texas 78664 Phone: (512) 218 -4404 Fax: (512) 218 -1668 PLAN DEPOSIT: $25.00, Non - Refundable BIDS DUE: Tuesday, December 6, 1994 @ 2:00 p.m. City of Round Rock, Texas Council Chambers 221 East Main Street Round Rock, Texas 78664 NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, Texas 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled "12" Water Line Improvements at U.S. Highway 79 and Georgetown Street" (project includes construction of approximately 469 linear feet of 12" water line with associated appurtenances) will be received until December 6, 1994 at 2:00 p.m., then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "12" Water Line Improvements at U.S. Highway 79 and Georgetown Street". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas, equal to five percent (5 %) of the total bid amount. Plans, Specifications and Bidding documents may be secured from the office of S.D. KALLMAN, INC. — ENGINEERS AND ENVIRONMENTAL CONSULTANTS, 1106 South Mays, Suite 100, Round Rock, Texas 78664, Phone: (512) 218 -4404, beginning November 14, 1994 for the sum of Twenty -Five Dollars ($25.00) per set, non - refundable, made payable to S.D. KALLMAN, INC. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by S.D. KALLMAN for the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Publish Dates: Austin American Statesman: November 14, 1994 November 21, 1994 Round Rock Leader: November 14, 1994 November 21, 1994 PROPOSAL TO CITY OF ROUND ROCK, TEXAS FOR THE CONSTRUCTION OF 12" WATER LINE IMPROVEMENTS AT U.S. HIGHWAY 79 AND GEORGETOWN STREET The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is named without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, conditions and classes of materials of the proposed work; agrees that he will provide all the necessary supervision, labor, machinery, equipment, tools, apparatus, and other items incidental to construction; will do all the work and furnish all the materials called for in the Contract Documents, Plans and Specifications 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. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; 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 bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 6 ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the following bid items are the only items of payment under this contract and his bid price under these items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the Plans, Specifications, and the Contract Documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location of the proposed work, the Plan Drawings, Specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME AND LIQUIDATED DAMAGES If awarded the Contract, the undersigned agrees to complete all work in sixty (60) calendar days following date of "Notice to Proceed ". Liquidated damages shall be established at $100.00 per calendar day. OWNER'S RIGHTS RESERVED - The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities or technicalities in any proposal in the interest of the Owner, except as specifically limited by the term of the Contract Documents or applicable laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda: Addendum No. Dated Page 2 of 6 1 1 1 1 1 1 1 1 1 1 1 1 Gentlemen: Bid Item Quantity gig PROPOSAL BIDDING SHEETS JOB NAME: 12" Water Line Improvements at U.S. Highway 79 and Georgetown Street II JOB LOCATION: Round Rock (Williamson County), Texas i OWNER: City of Round Rock, Texas The undersigned Bidder hereby proposes to do all the work, to furnish all necessary supervision, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work bid as provided by the attached supplemental Specifications, and as shown on the Plans for the construction of the 12" Water Line at U.S. Highway 79 and Georgetown Street, complete in place and operational, and binds himself by acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to wit: WATER IMPROVEMENTS Item Description & Written Unit Price REVISED 11/15/94 • Page 3 of 6 Unit Price 1. 469 L.F. 12" Water Line, complete in- place, per linear foot, for 0.)6411 -Si% Dollars and 'ruin url - SEVE N Cents $ Zip?' 2. 1 EA 12" Wet Connection, complete in- place, per each, for QNErn m_ _-Fi,,pollars and 1,,, Cents $ I.vcri.°o Amo $ I 320.63 $ P° 3. 23 L.F. 6" Water Line, complete in- place, per linear foot, for 1\ rjJT l - Iwo Dollars and Fool 4314 a. Cents 4. 1 EA 6" Wet Connection, complete in- place, per each, for Sixlluuo¢!:A Fjpry -Iwo Dollars and EIGHTY Cents $Ia51.t $ (p52 - $ Z 2.4 1 $ 5 15.43 Bid Item Quantity Unit WATER IMPROVEMENTS Item Description & Written Unit Price Unit Price Amount 5. 2 EA 12" Gate Valve, complete in- place, per each, fort walio..coah.SEVkiaf ollars and coo Cents S I.0l2. S ZI yy.80 6. 1 EA 5W Fire Hydrant Assembly, including 6" Gate Valve, complete in- place, per each, for TiagTHWscan,g llakirIbc oars Z.IZI.t. ° and $,fty4 Cents $ Z. 12 S 7. 1 EA 2" Automatic Air Release Valve, complete in- place, per each, for ar- verilliurecnTi,.ma.+Pollars and No Cents $I.I7_20. S 1.121° 8. 1.29 TON Cast Iron Fittings, complete in- place, per ton, for 6c ..,.. N Dollars and roc.Ty-Fooz Cents 9. 1 EA Double Short Service, including 114" pipe, complete in- place, per each, for FivcIIINDu,ofiutt -rout Dollars and Eytslnl -P -ur Cents S 55428 $ 55L .84 10. 1 L.S. Remove and abandon existing Water Meter and Service Line, complete in- place, per lump sum, for _t and No Cents S 411.°° S 11. 115 L.F. Open -cut and repair existing pavement, complete in- place, per linear foot, for TEN Dollars and Slym -Foort Cents $ ID. lD 1 S 127_3 .6 REVISED 11/15/94 Page 4 of 6 pia Item Quantity WATER IMPROVEMENTS item Description & Written Unit ELL _ce 12. 485 L.F. Silt Fence, complete in- place, per linear foot, Unit Price Amount for 'two Dollars and roue. Cents $ 2. $ gB9.go 13. 418 S.Y. Restoration and Revegetaton, complete in- place, per square yard, for Tutu. Dollars and Twr,.,n -FiyE Cents $ 3 Z5 $ 1 354 So 14. 1 L.S. Trench Safety, complete in- place, per lump sum, for SiXl utatAm Liam Dollars and Nn Cents $ i o f.. °O $ °" 15. 1 EA Stabilized Construction Entrance, complete in- place, per each, for Si i atirrtm Egli am.Dollars and Nn Cents $ (e411-.°° $ Iotf4.°" REVISED 11/15/94 Page 5 of 6 * *TOTAL — -- WATER IMPROVEMENTS +' (Items 1 through 15 above) $Z.i 49 Al Materials $ 1Z ' • S4 All Other Charges $ , 9 — 10 21 * *TOTAL $ 711,14q .S * *Note: These two figures will be equal. 1 1 NOTES: The bid items above shall be all inclusive and the Total Base Bid shall represent the total amount necessary to furnish and construct the project as detailed in the Contract Documents. The amount written in words has precedence over the numerical figure. Bid award shall be based on lowest Total Base Bid by a responsive, responsible bidder. 1 The apparent low bidder shall have the lowest Total Base Bid. The Owner may then award Contract, if possible, to the low bidder found to be responsive, responsible and meeting the Owner's financial and service commitment constraints. Upon Contract award, the Owner reserves the right to delete any one, combination of one or more, or all of the bid items above in order to match Owner's budget constraints. The Owner also reserves the right to reject any or all bid proposals, to accept the lowest responsive, responsible bidder's proposal, and to waive any informality in any proposal. SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the preceding Proposal is hereby respectfully submitted by: 1 1 1 1 1 1 1 1 1 1 CNAMPiN SITE -NE PZNC Name of Contractor Execut By: JOHN GUSTh(WS Title or Position Rf)y0 -Q NiaPC)eT1ZnPb Business Address �Fn2f�F rr* t M TEKHS 1810 City County State Zip Code REVISED 11/15/94 Page 6 of 6 Date Pa>=sif1ENT 512-Nn3 -Ms3 Telephone Number BIDDER'S STATEMENT OF QUALIFICATIONS The Bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name •CHRMPi �ITE P[?F_P �LtJ (2) Address Ra - l0"0-- iKenn Rohr), - ANA TX 18(4 (3) Phone Number 5l2N(o3 (4) Type of Firm: ( ) Individual ( ) Partnership ( 1 Corporation (5) Corporation organized under the laws of the State of TEARS (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation. ,1 ,1oNN �STMiJis /Pa..F_sioE.tJi 444 rie_3oHr.va.' %b4O -Q_ t\i2Pr r ROT 3zo RSI{Wc D- Otu- ,.TOwIJTx — 1 %102$ G E.091 -,E_ - 180.7 (7) Number of years experience 10 VEARs (8) List at least three (3) projects completed as of recent date: Contract Amount Class of Work Date Comofeted 13 s Kd oia Zlo�l Ail CpSG PuutEo snmers.Ar&ovea Tm 125 strr_t3oLz 9 q; 13 i Tr_ Wov c Nrnr '94 Nov '9 �! Nov '9y Av& '9y /Name & Address of Owner Ctt^1 OFGEnwETtux PO6ox 409 C,Entf,etx„jjTx 18621 Girl OF LEx%NGTah1 PO Box tots LE7UNcinn1Tx 18441 bur t r � or --Mk Fc . SP`Als 17_$8 GRowoou KELLY RFE, 11741 8(46 INCE DISTLiW 1NG 9310 MEMC QLVD lktt Tx (9) List the name and address of each subcontractor who will perform work in or about the work or improvements in excess of one -half ( of one (1 %) percent of the total bid price and indicate what part of the work will be done by each subcontractor: NONE (10) Payment of taxes, in the State of TEHS Yes `/ No -2- 1 1 1 1 1 1 1 1 1 1 1. 1 . 1] 1. 1 d (11) List all jobs you performed in which a trench failure injury occurred: NO3E (12) List all pending lawsuits and past judgements, if any, against this company and explain briefly the status thereof. NONE (13) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. -3- � Amwest Amwest Surety Insurance Company WOODLAND HILLS. CALIFORNIA Know all men by these presents: That we. CHAMPION SITE PREP, INC. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of TEXAS THE CITY OF ROUND ROCK PUBLIC WORKS BID BOND as Surety, are held and firmly bound unto (hereinafter called Obligee) in the penal sure of FIVE percent ( 5 %) of the bid amount, but in no event to exceed **** *ONE THOUSAND, FIVE HUNDRED AND NO /100- -- ali -a. -a- Dollars (5 1,500.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for 12" WATERLINE IMPROVEMENTS ROUND ROCK, TEXAS NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 611 DAY OF DECEMBER 41 UN.A3017 (9:90) n CHAMPION SITE PREP, INC. By BOND NO 0398075 - 50 PREMIUM' B.B•S.U. BID DATE: 19 94 12/6/94 (Print or type name of Pnnopal) (5gi9Nro or • •• +W') AMWEST SURETY INSURANCE COMPANY Attomey -in -Fact :I' LIRE 4AWAffR 0 -- gg • :• canna DODDaDO@DDD aDDDD�a®DODDDDI D�DD •' • •q, • •' ! S •, • DDDDDDI pap OOCODDOaa• • • 179WBSt* ure't y /nsitr�nce Coinp��ix'y' D 63GO••• DDDDDD• DDDODOI D ICHKEI ICIDAM DCIOCIb7 •,.:.....: a • 6d7C1t2t7aDaaf�la67Cd • •,• • • d • ' ®00000a000000000E 00a0000D0000000D00000000000 ®DaaDDDDaDaDDDDDDDDDDD191300 000009aaa00122=2aaa6 ca0e0®® M OT VALID'FOR BONDS EXECUTED ON OR AFTER 9••2195 ' • •1 •i• • • • •i READ CAREFULLY- To be used only in confliction with the bond specified herein T his document is printed on mu kttolored security paper with black and red ink, with border In blue ink and bears the raised seal of Amwest Surety Insurance Company (the 'Company". Only unaltered originals of this Power of Attorney are valid This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used In conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney maybe made b y any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shag have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the °Company "), does hereby make, constitute and appoint: BECKY LAWSON X AS AN EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY '1 S #4 ..pp •@@ o00 $**1,250,000.0 :Op l a x D �® ." DDDa Dana Daam 9,'.: -- COWS @ @a0 . :' @MICE I � ® 01300 1:11501=1 @�D _ - _ - MX= and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the ' a @Da @MCC• • Company, which are now in full force •- and effect. '; @C1319 CERTIFICATE S 01300 DOMES I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, '< @@@PII OH i x DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked : 1- ®®® ®j a t, and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant ® ®�� ®®® provisions of the By-Laws of the Company, are now in full force and effect. r nano @190 0101 . = norn @ @ @@ 8 mom O pOOp Bond number DECEMBER 19 94 ®®��I p 00 • .. Allco »�; p O an °oo la-)ii al - G!/ ', Emma roc OT;V. c, �, 131313ui o s`T c A ® ©nnl a.. LICICICIERJEKEDICICICICICIC11361131:11:1013 — JD .. .. EnV 00 • of _ : 'rS�' C ^.'u L� +.�•3Gx {..rXn:. ?i nt<vty , �� H 1 / / /�= L'!'t - ate ono ©®. ' 0 0 o o ° o 1 aoocc o ,,t . 8 DM , 0101® ®0101® ® ® ®13cI13 ® @ ® ® ®o®®n ®0000 @ @ @ @ @@ . 4 , i 4 . f • 1 . 1 ' • i • • ® D O M � m tl; 6320 Cano Avenue Post Office Box 4500 Woodland Hills, CA 91365.4500 TEL 81 I, t000ic' its true and lawful Attomey -in -Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to $* *1,000,000.00 Contract (Performance & Payment), Court, Subdivision License & Permit Bonds up to $* #1,000,000.00 Miscellaneous Bonds up to 5c= 1,000,000.00 Small Business Administration Guaranteed Bonds up to 0398075 -50 Signed and sealed this 6 day of Karen G. Cohen, Secretary . ' -•POWER NUMBER - • ,0 3 98075= 5 0 0 00 03 9807 5 — 50 a THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT oath. uR N THIS AGREEMENT, made an entered into this — day of.Jaauapi, D., 1995, by and between (Owner) City of Round Rock, Texas of the State of Texas; acting through Charles Culpepper, Mayor, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and (Contractor) Champion Site Preparation, Inc. of Austin, Texas, County of Travis, and State of Texas, party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: 12" Water Line Improvements at U.S. Highway 79 and Georgetown Street Round Rock, Texas Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by S. D. KALLMAN, INC. — — ENGINEERS AND ENVIRONMENTAL CONSULTANTS, 1106 South Mays, Suite 100, Round Rock, Texas 78664, (512) 218 -4404, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) calendar days after the date written notice to do so have been given to him, and to complete the same within sixty (60) calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. Page 1 of 2 C STATE OF TEXAS COUNTY OF WILLIAMSON DEFINITIONS: C: \WPDOCS \CARY \ADDENDUM.WPD ADDENDUM TO PUBLIC WORKS CONTRACT § § WHEREAS, Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity; and WHEREAS, the Texas Workers' Compensation Commission has directed that all governmental entities that enter into a building or construction contract must include in the bid specifications and contracts the language required by §110.110(c) (7) of the TWCC rules; NOW, THEREFORE, in accordance with the applicable statute and regulation, the following provisions are incorporated into the public works contract between the Contractor, Champion Site Prep., Inc., and the OWNER, the City of Round Rock, Texas, for 12" water line improvements at U.S. Highway 79 and Georgetown Street. Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self- insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the protect - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the OWNER. Persons providing services on the project ( "subcontractor" in §406,096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery of portable toilets. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: (a) a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project 2. 4. that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; (c) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the 3. By signing this contract, or providing, or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR that entitles the OWNER to declare the contract void if the CONTRACTOR does not remedy the breach within ten calendar days after receipt of notice of breach from the OWNER. th Signed and executed this q day of 16B j , 1995. CITY OF ROUND ROCK, TEXAS OWNER By: Charles C 1 Mayor ATTEST: ATTEST: I, KRmTIF_ In4ti5 - Jl , certify that I am the Secretary of the corporation named as Contractor herein, that JOHN SUSTRItJIS who signed this Addendum on behalf of the Contractor was then PRF SiOF NT (official title) of said corporation, that said Addendum was duly signed for and on behalf of said corporation, that said corporation by authority of its governing body, and is within the scope of its corporate powers. {`:grporate;,ppal) certificates of coverage to be provided to the person for whom they are providing services. peer, 4. CHAMPION SITE PREPARATION, INC. CONTRACTOR By: i John G s tainis, President ATTEST: °/ J Signed: J aL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 • The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK, TEXAS CHAMPION SITE PREPARATION, INC. Party of the First Part (OWNER) Party of the Second Part (CONTRACTOR) BY: A EST: ATTEST: BY: Charles 15epper John stainis Mayor President (The following to be executed if the Contractor is a Corporation.) I, 14..istiE ICA1.1STt» certify that I am the Secretary of the Corporation named as Contractor herein; that Joi- Bi)STA11J1S , who signed this Contract on behalf of the Contractor was then PeESir iT (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. 7C,orporate Sear Signed: ai Page 2 of 2 ATTEST: AQi BOND NO.: 014001104 PREMIUM : $833.00 PERFORMANCE BOND STATE OF TEXAS 5 ' COUNTY OF WILLIAMSON 1 KNOW ALL MEN BY THESE PRESENTS, THAT CHAMPION SITE PREP. INC. 1 of the City of GEORGETOWN , County of , and State of Texas, as Principal, and ANWEST SURETY INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for 1 principals, are held and firmly bound unto the CITY OF ROUND ROCK **TWENTY SEVEN THOUSAND, SEVEN HUNDRED ' (OWNER), for the penal sum of FORTY NINE AND 8itatio aAxaaaaxAxxaxAAxaDollars ($27,749.81 1 for the payment whereof, the said Principal and Surety bind ' themselves, and their heirs, administrators, executors, successors and assigns, jointly I and severally, by these presents: 12" WATER LINE IMPROVEMENTS AT U.S. HWY 79 AND GEORGETOWN STREET. 1 WHEREAS, the Principal has entered into a certain written contract with the Owner I dated the 2 9TH day of DECEMBER , 19 .. 2 .... . to which contract is hereby referred to and made a part hereof as fully and to the same extent as If copied at 1 length herein. 1 1 1 1 PB-1 1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on thls bond shall be determined in accordance with the provisions of the said Article to the same extent as if it were copied at length herein. - Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall In anyway affect its obligation on this bond, and It does hereby waive notice Of any such change, extension of time, alteration or addition to the terns of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 10 TH day of JANUARY. , 19 95 AMWEST SURETY INSURANCE COMPANY CHAMPION SITE PREP, INC. Surety Principal By BECKY LAWS° ATTORNEY -IN- Title 70 N.E. LOOP 410 Address SUITE 450 SAN ANTONIO, TEXAS 78216 By Title �PES'l Oe iJ \ istefort_T Q00,1) Address C .c.,c-n wo l �c — fr(022 \y . :Cow - TX Lc o. co tn� Ace-4 10 tA.E. Loop Lk \D. vilrc 450 :San SNACrIN n -x - \ $a \ la e_en5e t1o. 0V \1o1q PB•2 STATE OF TEXAS 3 COUNTY OF WILLIAMSON 9 BOND PREMIUM BASED ON FINAL CONTRACT PRICE PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT CHAMPION SITE PREP, INC. of the City of GEORGETOWN County of and State of Texas, as Principal, and ARREST SURETY INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK **TWENTY SEVEN THOUSAND, SEVEN HUNDRED (OWNER), for the penal sum of FORTY NINE AND 81 /100 iAA Dollars ($ 27,749.81 I for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and covarally, by thcoo presents: 12" WATER LINE IMPROVEMENTS AT U.S. HWY 79 AND GEORGETOWN STREET. WHEREAS, the Principal has entered Into a certain written contract with the Owner dated the 29TH day of DECEMBER 1994 to which contract Is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. PS -1 BOND NO.: 014001104 PREMIUM : $833.00 NOW, THEREFORE, THE CONDITIONS OF THiS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of work provided for in said contract, then, this obligation shall be void; otherwise to remain In full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 51 80 of the Revised Civil. Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of the said Article to the same extent as if k were copied at Length herein. - Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 10TH day of JANUARY , 19 95 ANWEST SURETY INSURANCE COMPANY CHAMPION SITE PREP, INC. Surety Principal ATTO Title Address BECKY ft WS0 SUITE 450 N -FACT 70 N.E. LOOP 410 SAN ANTONIO, TEXAS 78216 ke1\ 3. 6 PB-2 Title g0 0-C k1Q.POi4..T Rom) Address REOri.eyE - - W62 -sg 1C e1.P l.009 4 \0, ' e 450 5o.r. Am\rsrvo Tx l8Q\1 LIce 15P (1p, (S1311p \ct STATE OF TEXAS COUNTY OF WILLIAMSON § MAINTENANCE BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and , a Corporation organized under the laws of the State of as Surety, are held and firmly bound unto as Obligee, in the penal sum of Dollars ($ ) to which payment will and truly be made we do bind ourselves, our and each of our heirs, administrators, executors, successors' and assigns, jointly and severally, by these presents. WHEREAS, the Principal has constructed WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of one (1) year after approval by the (OWNER) against all defects in workmanship and materials which may become apparent during said periods; MB - 1 1 ' NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall indemnity the Obligee for all Toss that the Obligee may sustain by reason ' of any defective materials or workmanship which become apparent during the period of one (1) year from and after date of acceptance by the Owner, then this obligation ' shall be void, otherwise to remain in full force and effect. ' IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this 1 instrument this day of 19 . 1 ' Surety Principal 1 By By 1 Title Title 1 ' Address Address 1 1 1 The name and address of the Resident Agency of Surety is: 1 1 1 1 MB -2 • AI:IIRIIe . CERTIFICATE IFICATE OF INSU oii j9 PRODUCER Jan Breaux 624 Austin Ave Suite 220 P. 0. Box 857 Georgetown, TX 78627 (800) 364 -2395 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIESAFFORDINGCOVERAGE COMPANY A TRINITY UNIVERSAL INS CO INSURED CHAMPION SITE PREP INC 8040 AIRPORT ROAD SUITE C GEORGETOWN TX 78628 . COMPANY g TEXAS WORKERS COMP INS FUND COMPANY LINCOLN INSURANCE CO 0 COMPANY D NAUTILUS INSURANCE CO COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, °u,l TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDIYY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS C D GENERAL X LIABILITY COMMERCIAL GENERALLIABIUTY LGLA1120017 APP /BINDER 500, 000. 01/15/95 01/15/96 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 1, 000, 000 PERSONAL &ADV INJURY $ 1, 000, 000 1 CLAIMS MADE © OCCUR X OWNER'S &CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) S 4 44 AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS TCA6563490 02/08/95 02/08/96 COMBINED SINGLE UMIT S BODILY INJURY (Per person) $ 250, 000 BODILY INJURY (Per accident) $ 500, 000 S 100,000 PROPERTY DAMAGE GARAGE _ LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ EXCESS _ UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE S $ 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY REF #08046130019 01/21/95 01/21/96 X 1 STATUTORY UMITS EACH ACCIDENT $ 500,000 DISEASE - POUCYUMIT $ 500,000 THE PROPRIETOR/ PPARTNERS/EXECUTIVE OFFICERS ARE: _ X INCL E(CL DISEASE - EACH EMPLOYEE S 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /SPECIAL ITEMS ADDITIONAL INSURED - GENERAL LIABILITY, COMMERCIAL AUTO & OWNERS AND CONTRACTORS PROTECTIVE: CITY OF ROUND ROCK G 'i'Ii9GAT EiG.0itn CITY OF ROUND ROCK ATTN CARY BOVEY 309 E ROIK STREET eANCBt.UmON SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL RWBRROAXIX MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BIffitaxa IECIDADIIKKO KROXCExr Dmrnrs:xaOMIG&Nam(11191)21Srx ORmtt �txxscxGELDx�TaamEBR arm[aaxx 8 664 ROUND ROCK, TX 78664 ACORD S (3/93) AUTHORIZED Es�E a ACORD CORPORATION j03 - te A�;IIItI/e :; any p > zl, r � 1 r . PRODUCER eorgetown insurance Agency • 24 Austin Ave Suite 220 P. 0. Box 857 00) 364- 23 95 78627 (8 00) 364 -95 " �. one yam" •• ': 01 11 95 ..a,., — ". THIS OERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS OERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B COMPANIES AFFORDING COVERAGE whinny( TRINITY UNIVERSAL INS C. A IxeUREe N 'ION SITE PREP INC 8040 • RPORT ROAD SUITE GEORGETO ',. TX 78628 B WORKERS COMP 'S FUND S C COMPANY D THIS le TO CERTIFY THAT THE POLIC S OP INSURANCE LISTED BELOW NAVE BERN ISSUED TO THE I - • NAMED ABOVE F O O D HPEMO INDICA TED, NOTWITHSTANDING ANY R • UIREMENT, TERM OR CONDRION OF ANY CONTRACT OR • .1 DOCUMENT WITH RESPECT TO WHICH THIS CEAT1RCATE MAY S! ISSUED OR MAY P - AIN, THE INSURANCI AFFORDED BY THE POLICIES D -= RBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH • • CIEB LIMBS SHOWN MAY HAVE BEEN REDUCED BY • I0 CLAIMS, Tin OF INSURANCE • EMIR POUCT EFFECTERS DATE (woo" manumit woo" =TS • GENERALIIAWIITI © GLA7459092 01/15/9 _ 01/15/95 GENERAL AGGREGATE t 1,000,000 $ GonrmaRanLGENecuLuasuTY ME X OCCUR PRODUCTS - COMP/OP AGO mass hum PERSONAL a ACV INJURY t 500, 000 GWNENS ACONTR4L•0PSPROT EAdicccualeste s 500, 000 FIRE DAMAGE t 50, 000 t 5, 000 pry one Ere) MEDMP (Any one pereon) A I' " AUTOMOBILE ■ X LWNUTY ANY AUTO ALL OWNED AUTOS SCHEDULE/ AUTOS HIRED AUTOS NON-OWNED AUTOS TCA6563490 02 08/94 02/08/95 COMBINED SINGLE war S BODILY INJURY ' n) S 25 000 L•-- eoc $ 50,000 t 25,000 $ PROPERTY DAMAGE GARAGE UASIUTy ANY AUTO AUTO ONLY• EA ACCIDENT OTHER THAN AUTO ONLY. .., •r. • ..._. EACH ACCIDENT t AGGREGATE i EXCESS LIA$IUTY ■ UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE 3 AGGREGATE S t n WONNER6COMF$HsATN)N AND EMPI.018 ' UAIUTY WC8352405 01/21/94 01 /21/98 1 STATUTORY UMTf$ x v" " '100,000 THE PROPRIETOR( urNE OFFICERS ARE: � INOL DODL ACCIDENT $ • < - -- ROUCYIJMr s 500,000 •- - •SASH EMPLOYEE $ 100, 000 OTHER OUSCRIPTWM OF • •,. TIONSAOCATIOMAADDELEWEFFEIALnvaS - F )/ P. D•e:., ; •T � °. „.' ," .. . .:C."*. "' ,k.,.. . a" • S. D. KALLMAN, INC. - 1106 S . MAYS STE . 100 • ROUND ROCK, TX 78664 .c.`. LI:•�.'.;,.. T 4' ., W.. • ' Ca~ eg "^• aa:`y` r .7. . a `°" ., . 7`" 7t : . a•v SHOIRO ANY OF THE ABOVE DESCRIBED POLICIES SE OANCELLED MORE THE ... EXPIRATION DATA THEREOF. MB IBBDING COMPANY WILL ENDEAVOR TO RAN. J,,Q_ DAYS WMTmETI NOTICE TO THE CERTIFICATE man NAMED TO THE LIST POT FARM TO NAIL NCH NOTICE SHALL IMPOSE No OBLJDATTON OR UASILITY OF ANY ,: WOW THE • COMPANY, MI AGENTS OR REPhetEJRATIYES. WHORL/ED ■ ATIE '„""„�,y h•'M -.• ..� ... .... r�ti3Yf5DDG' J. �' L ITED ,-O J f �oQ�F • ` WORN �` EY �� • nn °° °� O° + ' . \ \W�VMrir .wry s a = .i al �P`TV/ aL t ��� � �°��� �n . ant he -cud Thls�ocum t. .. U� ore �ty,paperwith�black and�red ink,with,bordcr Me, seal o�A iwes urc �. - c'e Chimp Y,(t1te,,,Coinpany"). only unal[eied _originals of tit! Pp „v ,6f' .are = This cY.,_ .Y?t4.,�,r ESE RESENTS,•thataest-ur t • er; by,make, constitute and,appointi SU•'ET,Y. iINS "N htlitniter, power, and authoriry-for,and-on ^a`f -a „ rt... vii. ', br al. of the - Company �there�o . al a se i reqth atton&in.the nature_thereo6as'follows. (NM ;, 00 :0 0) .,�•.,. `..usher,'• hrs> is,inade under an a d effect.'i ost CERTIFICATE Cary of Amwest Surety:Insuran t Boardiof Dire forth oat pMAtiy are now m.f force, andteff tt .Signed and sealed this 1 ti • , ll,! d� r I tr , •= K!ii�nri Cohen' �Seccre ry alVav pews est s�coI aao®® ®v •••aOOOaaoaOaOOnoa n • o Company sal • 1 t` y � - kR���z•� it4 ^h --� • A!¢a ... _ . l +.1/li,. =Rffi5 C.IREPLZL Y TO be useri only in confliction with the bowel specifrerl herein 000 00 O a aO OOOOaOOaoOOOOOo aaaaaal. Ooo® ooOaOO O©®a�OOO ©015013133 • '11 (� � � i •� q \fit t� \! 64 �� `����`` ��:��,� .ra .off .17. BB?: nu 7 {p au iggil al�lrf/ 6320 Canoga A%enue Post Office Box 4500 woodhind Hills ' CA 91365 4500 TTL 818 704-1111 On DO 131311 2 This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975• RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -m- fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney -in- fact of agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the President or any Vice President and attested and sealed (if a seal he required) by any Secretary or Assistant Secretary, or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary,'and countersigned and sealed (if a seal he required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may he affixed by facsimile to any power of attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to he hereunto affixed this 1st day of January, 1993 State of California County of Los Angeles =rn: EE 5w: 7 97 5 r y- /F .... . c " Resolutions of the Board of Directors aS John E. Savage, resident Karen G. Cohen, Secretary On January 1, 1993 before me, Peggy B Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, per- sonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me all that he /she /they executed he same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the ent ty upon behalf of which the person(s) acted, ex- ecuted the instrument. OFFICIAL SEAL PEGGY 8. LOFTON Notary Pubpa- Callforr a LOS ANGELES COUNTY My ComMiIon Expires July, 28, 1995 ` WITNESS muJ 'land � and , � official seal. Signature r ^ p (Seal) eggy H Lofton, otary Public opesoopooecoess000mmooturee000 Restrictions and Endorsements coeceeteeoeceeeermoomnommoo • , �o - •.- .. :� l� ITED rh � �! ER F .AT6FOR l -� B �, • . 300000aoocDUCCUCCD000c00noocnnnooanOCCODOCODmooc ,ODnnooc000000000noonnnn o m oo ° oD D OO ®n ®no ° A 1 /7TIzf/e5 t, $C //'e t y , //7Sd/ rc7nce, CO /77/7e7/7,1/ic000000maDUC ®o®®® cmcno mOnmmmnmmoomauszu ¢nummounouumu[r aucluummouutlumploco ata swum •aOOmomOOOnOnm ®Donn® vnummumoommummmmmm® ummumnonnunnnummano commmnnmmoommonananmmnmmnonanmononnmmmmnomnn oo.000000000c4o. rgoo.396o atr004>CH )0400b000000000©©ao6 - oeoc•0e¢caoe000ee. NOT VALID FOR BONGS POWER NUMBER D O <. 0 bdii • n o n OO Iona : D DO .- . ✓ ig -= DD IM OD 01313130 O DD 1 lDDD .' D UO O pp O OOOO ; 0000O iDDD '; ODD D OD .; WOW] OODOO aO OO 1 I OOO ' .. IonDOD cocoa s 0000n t on t �Oon ., COO l oon I ® ®8 : non unman :.4 Icon nCII a •#' IV4,'" Gd T6r �c+I:m bFt „fin.• n vxa. ,['"`r+t . .� ,i, .: -•^� a }- . � n' . l�. ire corr uctta �uirtG tb boniLs e e� �w R w - - °>5,_.73.,.. 1 . . _ � p f.. ,» Z ak . - :+ Ibis document Is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the 'Company'). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used In conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney Is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. 0 00 0 ° ° 0 0 'p O�O V o °° °�o* v p OO,00nnoo00..0 0.4, OT F ` : � , op SFAi X145 i .i J i ouuco 4ant% 9..2195 0398059 EXECUTED ON OR AFTER KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the`Company "), does hereby make, constitute and appoint: BECKY LAWSON AS AN EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to $*rz1,000,000.00 :ontract (Performance & Payment), Court, Subdivision License & Permit Bonds up to $*'bl,000,000.00 4isceltaneous Bonds up to So 1,000,000.00 Small Business Administration Guaranteed Bonds up to and to bind the Company thereby. This appointment rs made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insumnce Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By - Laws of the Company, are now in full force and effect. Bond number 014001104 COUNTERPART OF SEVEN (7) Signed and sealed this 10TH day of JANUARY 19_`L5 Karen G Cohen, Secretary ®DOOOOOODODDO D 0000398059 — 50 DDa I El • M O O O D Sa #1,000,000.0 - r D D o:o pop - [MOO Six01,250,000. , 6320 Canoga Avenue. Post office Box 4500 Woodland Ilills, CA 91365-4500 TEL S18 704.1111,. ® `c', 6tiri;a.Y.•�. 00000•00600-0-0C•00000E0000 \\ mOOOn•' COOODDOODODDDDOODDO CODOOMUM=DODOODOOpDDDD J nanoonn anAODDDDDDDDDDODD DODOODDDO DO na On 4 anon • onoo D g Donna noo O DDODD • OOOOO Clan= o D G OOD D O Oc c c a ODOOo ®m Dam= OOOOO OOOOO 0 OOI•'OO oo g®® D ®D 4 ®@MM DmECm 63 ECM m ®m ®® ammo 0 DE1®®® Dn ®n® nBLEBJ uuua® CCC®® ©oo ®u n®nna nnonn -,,Doocc c o ,-.)cc :cupOcr.c :o Resolutions of the Board of Directors araoosr30(0o00000;00(7000t•0.00000 This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors or Arns est Surety Insurance Company at a meeting duly held on December 15, 1975: IN WITNESS `\'HEREOF. Ann. est sinew Insurance Company has caused these presents to be stoned be as proper officers. and IN corporate seii •o he neieunto .tittxed this 1st day of January, 1993. State of C.,Lfiitn i County Of Los On January 1, inn) bef(ne me. Peer B Lofton Noctry Public. personally .tppeared John E. as age and Karen G. Cohen. per- sonally knon n r.t me for prot eu to me on the hasis of •atisfactory evidence) to he the persons) , A hose mallets) is, are subscribed to the n Ithitl I: •1iiI :rent .and .ickton Iedgej to me all that he she they executed the same in his het their authorized capacityies). and that tv Ins her their signature( s) on the Instrument the person(s), or the entity upon behalf tit n hich the peiton(s) acted. ex- ecuted the :nst :r me :it WITNESS m Signature RESOLVED. that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint .ntornet s•in - tact or agents with authority as defined or limited in the Instrument evidencing the appointment in each case for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds. undertakings. iecognaemces. and suretyship obligations of all kinds; and said officers may remote any such attorney - in- fact or agent and ref oke any power of attorney previously granted to such person. RESOLVED FURTHER. that any Ixmd. undertaking, recognizance or suretyship obligation shall be tand and binding upon the Company: (i) n hen signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretan; or n hen signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) b) it duly authorized attorney -in -fact or agent: or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the l,niits of the authority evidenced by the pon er of attorney issued by the Company (0 ,uch person or persons RESOLVED FURTHER that the signature of any .authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or ceniticaupn thereof authorizing the execution and deli% en' of any bond, undertaking, recognizance. or other suretyship obligations of the Company, and such signature and seal when so used shall have the saute force and effect as though manually affixed. t" °tt INSU sso`F� Rqy 7975 . 1 e titd and official se; tt l c� PJa Lorton 1 :1 - 1 John E. Savage,Atres :dcnt (Seal) C %fy� i[/ CAL r, >t_ R..ren (3 Cohen. , ccrci,iry OFFICIAL SEAL PEGGY B. LOFTON Notary Public- Californla LOS ANGELES COUNTY My o Cn Empires Restrictions and Endorsements '-a?d_0E?a,,. -._- �= ?93x43 ?Jv - 3o The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. (Name of Insurer) By Title Address 2 of 2 GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT CONTENTS 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 2.02 Right of Engineer to Modify Methods and Equipment 2.03 Changes and Alterations 2.04 Damages 4 2.05 Losses from Natural Causes 2.06 Laws and Ordinances 2.07 Licenses, Permits, and Certificates 2.08 Royalties and Patents 2.09 Keeping of Plans and Specifications Accessible 5 2.10 Discrepancies and Omissions 2.11 Contractor's Understanding 2.12 Extra Work 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 2.16 Owner's Status 2.17 Completed Portions of Work 2.18 Materials 2.19 Receiving and Storage of Materials 2.20 "0r Equal" Clause 8 2.21 Completed Work 2.22 Materials Furnished by the Owner 2.23 Protection of Property 2.24 Shelters for Workmen and Materials 2.25 Sanitary Facilities 9 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 9 3.01 Labor, Equipment, Materials and Construction Plant 3.02 Performance, Payment and Maintenance Bonds 3.03 Contractor's Ability to Perform 3.04 Superintendence and Inspection 10 3.05 Character of Employees 3.06 Contractor's Duty to Protect Persons and Property CONTENTS (continued) Page 3.07 Safety Codes 3.08 Barricades 11 3.09 Minimum Wages 3.10 Unsuitable Work or Materials 3.11 No Waiver of Contractor's Obligation 12 3.12 Site Clean Up 3.13 Guarantee 3.14 Compliance with Air and Water Acts 13 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 4.02 Right of Entry 4.03 Owner's Representatives 4.04 Collateral Work 4.05 Right -of -Way 14 4.06 Adequacy of Design 5. SCHEDULING AND PROGRESS OF WORK 14 5.01 Order and Prosecution of the Work 5.02 Rate of Progress 5.03 Sunday, Holiday and Night Work 5.04 Hindrances and Delays 15 5.05 Extensions of Time 5.06 Liquidated Damages for Failure to Complete on Time 6. INDEMNITY 15 6.01 Contractor's Indemnity Provision 6.02 Workmen's Compensation Insurance 16 6.03 Comprehensive General Liability Insurance 6.04 Owner's Protective Insurance 6.05 Comprehensive Automobile Liability Insurance 6.06 Insurance Certificate 17 11 CONTENTS (continued) 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate 7.02 Right of Contractor to Terminate 7.03 Removal of Equipment Page 17 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18 8.01 Notification of Contractor 8.02 Retention of Contractor's Equipment and Materials by Owner 8.03 Methods of Completing the Work 8.04 Final Acceptance 19 8.05 Disposition of Contractor's Equipment 9. MEASUREMENT AND PAYMENT 20 9.01 Character of Measurements 9.02 Estimated vs. Actual Quantities 9.03 Payment 9.04 Monthly Estimates and Payments 9.05 Certificates of Completion 21 9.06 Final Estimate and Payment 9.07 Notarized Affidavit 9.08 Release of Liability 22 9.09 Contractor's Obligation 9.10 Payments Withheld 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT 1.01 Calendar Day. A calendar day shall be the 24 -hour period from one midnight to the next consecutive midnight. Saturdays, Sundays, and Legal Holidays are considered calendar days and shall be used in determining contract time. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance, Payment, and Maintenance Bonds; the General Conditions of the Agreement; the Special Conditions of the Agreement; the Technical Specifications; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of the interpretation shall be in the following descending order: Signed Agreement, Performance, Payment, and Maintenance Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Instructions to Bidders, Technical Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated on the Contract Agreement as the "Party of the Second Part ", who has entered into this Contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Engineer. "Engineer" shall mean S.D. KALLMAN, INC. -- — ENGINEERS AND ENVIRONMENTAL CONSULTANTS, or such other Engineer, Supervisor, or Project Representative who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. -1- 1.06 Owner. "Owner" shall mean City of Round Rock, named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. 1.07 Plans. "Plans" shall mean and include: (a) all drawings prepared by the Owner as a basis for proposal; (b) all supplementary drawings furnished by the Engineer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor; and, (c) drawings submitted by the Contractor to the Owner when and as approved by the Engineer. 1.08 Specifications. "Specifications shall mean: (a) all written descriptions, methods, and instructions prepared by the Owner as a basis for proposals; (b) all supplementary written materials furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor; and, (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor•. "Subcontractor" shall :mean and refer only to a business organization or individual having a direct contract with the Contractor for: (a) performing a portion of the Contract work; or, (b) furnishing material worked to a special design according to the Contract Plans and /or Specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions not under control of the Contractor will permit construction of the principal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.13 Written Notice. "Written Notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. -2- 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and discretion of the work included herein. In order to prevent delays and disputes and to discourage litigation, it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shall determine all questions in relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided, however, that should the Engineer render any decision or give any direction 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 within thirty (30) days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If, at any time, the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying 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. If they increase the amount of work and the increased work can fairly be classified under the Specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this Contract; otherwise such work shall be paid for as provided under Section 2.12 - "Extra Work ". -3- In the event the Owner shall made such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such, is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the Owner and its agents against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 Licenses. Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc., required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required, such permit will be obtained by the Owner at no cost to the Contractor. 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release of indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. -4- 2.09 Keeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with two (2) sets of executed Plans and Specifications, without expense to him, and the Contractor shall keep one copy of the same constantly accessible on the jobsite, with the latest revisions noted thereon, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" 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 Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination,satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 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 Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans, reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. -5- Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed w;th the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid by the Contractor for performing extra work shall be determined by one or more of he following methods: Method "A ": By agreed unit prices; Method "B ": By agreed lump sum; or Method "C ": If neither Method "A" or Method "B" can be agreed upon, before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 1 5%. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental, if any, for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work including all power, fuel, lubricants, water, and similar operation expenses; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the jobsite; (e) the following incidental expenses incurred as a direct result of such work including sales or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. Payment for "Extra Work" under Method "C" shall apply to the Contractor and all subcontractors involved in the extra work. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. -6- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any other part thereof without the previous written consent of the Engineer, nor shall he assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Engineer. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession•of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receivinci and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipment of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the Engineer. -7- 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor, and is followed by the term "or equal ", the Contractor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function, and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. 2.21 Completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, Toss, or the intrusion of foreign elements. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision. shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily store, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of work, whether they are shown on Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the ground in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. -8- 2.25 Sanitary Facilities. The Contractor, at his expense, shall furnish necessary sanitary toilet facilities for the use of all employees on the jobsite. The facilities shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, and Materials. The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance. Payment and Maintenance Bonds. Unless otherwise specified, it is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred percent (100 %) of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is less than $50,000.00, a letter of credit may be furnished in lieu of a performance bond. It is agreed that the Contract shall not be in effect until such performance bond or letter of credit, and payment bond are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance bond or letter of credit, and payment bond shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bond or letter of credit will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds or letter of credit shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds or letters of Credit in the State of Texas. 3.03 Contractor's Ability to Perform. Upon request by the Owner, the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as -9- outlined in Section 7 - "Termination of Contract ", if job progress indicates that the Contractor Tacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be binding as if given to the Contractor. In the event that the Contractor and the superintendent are both absent from the site of the work for prolonged periods of time, the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only orderly, competent, skillful persons to do the work, and whenever the Engineer shall inform them that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the workers, the reinstallation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in any way connected with the performance of this Contract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the performance of this Contract unless necessary to its performance, and in that event the Contractor shall provide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be non - delegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, County, and Municipal safety laws and building and construction codes. - 10 - All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of 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. 3.08 Barricades and Traffic Control Signs. When barricades or traffic control signs are used to satisfy safety requirements, such barricades or signs shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least two- inches (2 ") high. - The Contractor shall, at his expense and without further or such order, provide, erect, and maintain at all times during the progress or temporary suspension of the work, suitable barricades, fences, signs, or other adequate warnings or protection, and shall provide, keep, and maintain such danger lights, signals and flagmen as may be necessary to insure the safety of the public as well as those engaged in connection with the work. All barricades and obstructions shall be protected at night by signal lights which shall be suitably distributed across the roadway and which shall be kept burning from sunset to sunrise. Barricades shall be of substantial construction and shall be suitably painted to increase their visibility at night. Failure of the Engineer to notify the Contractor to maintain barriers, lights, signals, or flagmen, shall not relieve the Contractor from his responsibility. All traffic control devices and procedures used by the Contractor in controlling, directing, and safeguarding traffic shall conform to the requirements of the "Texas Manual on Uniform Traffic Control Devices ". The Contractor's responsibility or the safeguarding of traffic as specified above shall cease when the work included in the Contract is completed and accepted by the Owner. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. The Contractor shall not pay less than the general prevailing wages and shall keep accurate wage records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with Plans, Specifications, and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and replace, rebuilt, or otherwise remedy such work so that it shall be in full conformance with this Contract. Should the Contractor fail to initiate compliance with the above provision within seventy -two (72) hours, or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that such work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or project representative shall have no power to waive the obligations of this Contract for the furnishing by the Contractor of good material and of his performing good work as herein described and in full accordance with the Plans and Specifications. No failure or omission of the Engineer, supervisor, or project representative to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer, supervisor, or project representative shall, upon request of the Contractor, inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor, or project representative such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet the specifications for the-work. Any questioned work may be ordered taken up or removed, for re- examination by the Engineer prior to final acceptance, and if found not in accordance with the Plans, Specifications, and Contract Docu- ments 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. 3.12 Site Clean U. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work, the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or conduits; shall tear down and remove all rubbish of every kind from the tracts or grounds which he has occupied; and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of twelve (12) months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs rising out of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within ten (10) days after the mailing of a notice in writing to the Contractor or his agent, the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however, that in case of emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may be made - 12 - without notice being sent to the Contractor, and the Contractor and /or his Surety (see Section 3.02 on Maintenance Bond) shall pay the cost thereof. 3.14 Compliance with Air and Water Acts. In compliance with the Clean Air Act, as amended, 41 U.S.C. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: (1) Any facility to be utilized in the performance of this Contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. (2) The Contractor will comply with all requirements of Section 114 of the Clean Air Act, as amended. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. The Owner shall provide his own construction staking one time for this project 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Representatives. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervisors, or project representatives as the said Owner may deem necessary to examine the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said work is done in accordance with the Specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or project representatives for the proper review and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, supervisors, or project representatives so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. - 13 - 4.05 Right -of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. 4.06 Adequacy of Design. It is agreed that the Engineer shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence and in such manner as shall be most conducive to economy of construction; provided, however, that the order - and time of prosecution shall - be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority - to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 - "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligations to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday, and Night Work. Except in connection with the care, mainte- nance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, without written consent of the Engineer. - 14 - 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the Plans and Specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee, or either, or by any other Contractor employed by the Owner, or by strikes, fire, or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractorshall give the Owner prompt notice in writing of such cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions, or inadequate construction force. 5.06 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be difficult to ascertain and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowances for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as penalty, but as liquidated damages, the sum of $100.00 per calendar day. 6. INDEMNITY 6.01 Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgements, decrees, expenses or costs of any nature whatsoever arising out of or in - 15 - actions of law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, workers, material, persons, or suppliers of machinery and party thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Worker's Compensation Insurance. The Contractor agrees to comply with the Worker's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability Insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability Insurance coverage under this policy shall not be less than shown in Special Conditions 03 -01. 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all - 16 - motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be Tess than shown in Special Conditions 03 -01. 6.06 Insurance Certificate. In connection with the insurance coverage set out in Sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given ten (10) days advanced written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resources or remedy give the Contractor written notice of termination of this contractual agreement to the Contractor ten (10) days subsequent to such notice. Immediately following such date, the Owner may take possession of the site of the work and all material, equipment, tools, and appliances thereon, and may finish the work in accordance with the provisions of Section 8 - "Abandonment of Contract by Contractor ", of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months, or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within ten (10) days after receipt of the notice. Should he fail to do so within ten (10) days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor to place such equipment, tools, and supplies in storage at the risk and expense of the Contractor. - 17 - 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the Specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. The Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. 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 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for completion herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of 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, machinery, equipment, tools, materials, and supplies to said Contractor, and the 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 Contractor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. - 18 - (2) The Owner under sealed bids, after fourteen (14) days notice published two (2) or more times in the designated newspaper of the Owner 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 of 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 new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed and accepted by the Owner, the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance clue as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance as 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 or his Surety. Should the cost to complete the work exceed the Contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held by the Owner 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 Contractor or his Surety to their proper owners. - 1 9 - 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Estimated vs. Actual Quantities. Any and all estimated quantities stipulated in the Proposal Form under unit price items are approximate and are to be used only: (a) as a basis for estimating the probable cost of the work; and, (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of work actually performed and materials actually furnished and the amounts estimated therefor in the Proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as twenty -five percent (25 %) more or twenty -five percent (25 %) less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below twenty -five percent (25 %) of the estimated quantity prior to initiating work or furnishing materials for the overrun or underrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. 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 the delivery of all materials embraced in this Contract in full conformity with the Specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached Specifications, and requirement of the Engineer. 9.04 Monthly Estimates and Payments. The Contractor shall furnish to the Engineer by the twenty - fifth (25) of the month such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. On or about the first day of each month, the Engineer will make an approximate estimate of the value of work done in conformity with the Plans and Specifications during the previous calendar month. After each such estimate - 20 - shall have been approved by the Owner, the Owner shall pay to the Contractor ninety percent (90 %) of the amount of such estimated sum on or before the 15th day of said month. 9.05 Certificates of Completion. Within ten (10) days after the Contractor has given the Engineer notice that the work has been completed, the Engineer shall review the work and satisfy himself by examination that work has been finally and fully completed in accordance with the Plans, Specifications, and Contract. If so and if acceptance by Owner and all governmental entities having jurisdiction has been secured, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate, when issued, shall constitute final acceptance of the work covered under this Contract and serve as the date for stoppage of the contract period specified for completion of the Project. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued, the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate; provided the Notarized Affidavit specified in Section 9.07 has been received by the Engineer. The Owner shall pay the Contractor within thirty (30) days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required in Section 9.07 entitled "Notarized Affidavit" has been submitted to the Engineer. 9.07 Notarized Affidavit. Before final payment for the work by the Owner, the Contractor shall submit to the Engineer a Notarized Affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the Performance Bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. -21 - 9.08 Release of Liability. The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any person relating to or affecting the work. 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. 9.10 Payments Withheld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extend as may be necessary to protect himself from loss on account of: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payment properly to subcontractors for material or labor. (4) Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. - 22 - SPECIAL CONDITIONS OF THE AGREEMENT SPECIAL CONDITIONS OF THE AGREEMENT INDEX Lug SECTION 01 - INFORMATION S - 1 01 -01 Engineer S - 1 01 -02 Copies of Specifications Furnished S - 1 01 -03 Governing Codes S - 1 01 -04 Liquidated Damages for Failure to Complete on Time S - 1 01 -05 Time of Completion S - 1 01 -06 Owner S - 1 01 -07 Location S - 1 01 -08 Usage of Water S - 2 SECTION 02 - SPECIAL CONSIDERATIONS S - 2 02 -01 Crossing Utilities S - 2 02 -02 Lands for Work S - 2 02 -03 Utility Services for Construction S - 2 02 -04 Guarantees S = 2 02 -05 Deviations Occasioned by Utility Structures S - 3 02 -06 Minimum Wage Scale S - 3 02 -07 Limit of Financial Resources S - 3 02 -08 Construction Review S - 4 02 -09 Limits of Work and Payment S - 4 02 -10 "As- Built" Drawings S - 4 02 -11 Construction Staking S - 4 02 -12 Coordination with Utility Companies S - 5 02 -13 Blasting S - 5 02 -14 Coordination with Utility Contractor & Street Contractor S - 6 02 -15 Monthly Payment Estimates & Payment for Materials on Hand S -7 02 -16 Maintenance Bond S - 7 SECTION 03 - INSURANCE S - 7 SECTION 04 - TRAFFIC CONTROL S - 10 1 SECTION 01 - INFORMATION 1 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood 1 as referring to S. D. Kaltman, Inc. -- — Engineers and Environmental Consultants, 1106 South Mays, Suite 100, Round Rock, Texas 78664, (512) 218 -4404, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 1 01 -02 COPIES OF SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than seven (7) 1 counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Technical Specifications free of charge, and additional sets will be obtained from Engineer at commercial reproduction rates plus 20% for handling. 1 01 -03 GOVERNING CODES ' All construction as provided for under these Specifications shall be governed by any existing Resolutions, Codes, and Ordinances, and any subsequent amendments or revisions thereto as set forth by ' the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME 1 Refer to the General Conditions of the Agreement, Section 5.06, Page 16, and to the Proposal for details. 1 01 -05 TIME OF COMPLETION 1 The work shall be completed within the number of calendar days stated in the Proposal. The time shall begin from the date of the Notice to Proceed. 01 -06 OWNER ' The Owner shall be the parties named in the Notice to Contractor. ' 01 -07 LOCATION The location of work shall be as mentioned in the Bid Proposal and as indicated in the Specifications. 1 S -1 1 I 01 -08 USAGE OF WATER I Water shall be the Contractor's responsibility to obtain from the City of Round Rock. SECTION 02 - SPECIAL CONSIDERATIONS 1 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's 1 responsibility to make arrangements with the owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such ' services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own I expense. 02 -02 LANDS FOR WORK 1 Owner provides, as indicated on Drawings, land upon which work is to be done, rights -of -way for access to same and such other I lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his I construction operations, temporary construction facilities, or for storage of materials. I 02 -03 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility I services during construction. No additional payment will be made for this item. ' 02 -04 GUARANTEES Guarantee work, including equipment installed, to be free from ' defects due to faulty workmanship or materials for a period of one (1) or two (2) years from the date of final acceptance by the Owner, depending on City of Round Rock Ordinances. Refer to ' Section 02 -16, herein for details. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. 1 1 S -2 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 -05 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whether existing improvements are to be relocated, or grade and alignment proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Owner's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work or for relocation costs made necessary because of deviation by the Contractor from the lines and grades shown on the Plans. 02 -06 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -07 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this Contract, the Owner reserves the right to omit any work from this Contract. Unit prices for all items previously approved in this Contract shall be used to delete or add work per Change Order. S -3 1 02 -08 CONSTRUCTION REVIEW I The Owner shall provide a project representative to periodically review the quality of materials and workmanship. The City of Round Rock shall assign a City Inspector to review construction. I 02 -09 LIMITS OF WORK AND PAYMENT 1 - It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, described in the Contract Documents and Technical Specifications. All items ' of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any questions arising as the limits of work shall be left up to the interpretation of the Engineer. I 02 -10 "AS- BUILT" DRAWINGS i The Contractor shall mark all changes and revisions on all of his copies of the working drawings. Upon completion of the Project ' and prior to final acceptance and payment, the Contractor shall deliver his correctly marked set of drawings to the Engineer. I 02 -11 CONSTRUCTION STAKING AND PROPERTY PINS The Engineer shall provide construction staking for this project. 1 The Contractor shall furnish and pay for any re- staking. All engineering and surveyor's stakes, marks, property corners, I etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be re- staked by the Contractor at the Contractor's sole expense without additional compensation by the Owner. Prior to receiving final payment on this project, the Contractor shall furnish to the Owner certification from a Registered Public Land Surveyor, registered in the State of Texas, stating that all property 1 pins have been surveyed, Tots identified with wooden lathes / stakes, and that all property pins are in place in accordance with the approved Final Plat of the subdivision. No separate payment I shall be made for this item to the Contractor. 1 1 S -4 02 -12 COORDINATION WITH UTILITY COMPANIES 02 -13 BLASTING The Contractor shall be responsible for contacting the appropriate utility company when working in the vicinity of its facilities to ensure safety and guard against damage. The following are names and phone numbers for the various companies: 1. Lone Star Gas (512) 244-6628 2. Bell Telephone (512) 870 -2346 3. Texas Power & Light (512) 244-5820 4. Austin Cablevision (512) 448 -8100 5. City of Round Rock (512) 218 -5555 (Water & Sewer) City of Round Rock (512) 218 -5555 (Public Works) S -5 Richard Bone Bob Starcky Jim Krumnow Neville Stewart John Justice, Inspector Jim Nuse, P.E. Director, .Public Works 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 handlingxplosives and highly flammable materials, shall conform to Federal, State and Local Laws and Ordinances. The following is a list of requirements in addition to Federal, State and Local Laws and Ordinances: 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty -four (24) hours prior to using explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The Contractor shall notify the City of Round Rock on every occasion at least twenty -four (24) hours prior to the use of explosives. 3. 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 Engineer. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the Inspector, the permit, or by safe blasting practices. 5. The Engineer or his representative shall have the right to limit the use of explosives and /or blasting methods which, in his opinion, are dangerous to the public or nearby property of any kind. 6. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. (The Contractor is fully responsible for all claims resulting from his blasting operation.) All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone whose acts of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications, or solely to the acts or omissions of the Owner or Engineer, or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. 02 -14 COORDINATION BETWEEN UTILITY CONTRACTOR & STREET CONTRACTOR The streets will be excavated and bladed by the street paving Contractor to the subgrade prior to the utility Contractor beginning his gravity sewer line and water line construction operations in the street right -of -ways. Upon completion of the gravity sewer line and water line and storm sewer construction, the utility Contractor shall dress and blade the street to subgrade to the same condition it was in when accepted by the utility Contractor and to the satisfaction of the street paving Contractor and the Engineer. The utility Contractor shall, at his own expense, raise the gate valve boxes and manhole frames and covers to the finished paved street grade. All gate valve boxes and manhole frames and covers within the proposed street paving area shall be constructed six - inches (6 ") below the subgrade of the street. It shall be the S -6 responsibility of the paving Contractor to verify with the utility Contractor that all utility castings in the area have been raised or that no valve box, clean -out covers or manhole covers need to be adjusted. This shall be obtained in writing forty -eight (48) hours prior to placing any curb and gutter, concrete valley gutters and final pavement (concrete or asphalt), and a copy shall be provided for the Engineer. 02 -15 MONTHLY PAYMENT ESTIMATES AND PAYMENT FOR MATERIALS ON HAND Owner shall pay for ninety percent (90 %) of materials on hand when properly stored on the jobsite. When payment for materials on hand has been paid by the Owner to the Contractor, the Contractor shall furnish evidence the following month that he has paid for those materials prior to the following month's monthly estimate being approved for payment. 02 -16 MAINTENANCE BOND Per City of Round Rock Ordinance, a two (2) year Maintenance Bond naming the Owner and the City of Round Rock as dual obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 25. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements . A one (1) year Maintenance Bond will be required for all other improvements. SECTION 03 - INSURANCE Section 6 of the General Conditions of the Agreement is hereby amended to include the following: The Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by the Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsement as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. S -7 b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 fire Damage. c. Automobile Liability Insurance for all owned, non -owned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy, which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance ". When off -site storage is permitted, policy will be endorsed for transit and off -site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. - If insurance policies are not written for amount specified in (b) and (c) above, Contractor is required to carry an Excessive Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self- insured retentions, if any, stated in policies. Any self- insured retention shall not exceed ten percent (10 %) of minimum required limits. All deductibles or self- insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained S -8 and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to Owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builder's Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy thirty (30) days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse during the term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two (2) years following completion of this Contract. Contract shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a thirty (30) day notice of aggregate erosion, an advance of the retroactive date, cancellation and /or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustment to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as the Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests S -9 for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by the Contractor. SECTION 04 - TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e., Fire Department, E.M.S., etc.). At the end of each day, two (2) lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing, and safety precautions necessary for traffic control. This item shall be considered subsidiary and no additional compensation shall be given for complying with this Special Condition. S - 10 TECHNICAL SPECIFICATIONS The current City of Austin Standard Construction Specifications of Water and Wastewater Department and Engineering Department are incorporated into this project by reference, and they shall be applied to this project except as modified in these Specifications and on the Plans. Whenever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Whenever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean S. D. KALLMAN, INC. — -- ENGINEERS AND ENVIRONMENTAL CONSULTANTS. STREET 1. Subgrade density tests are required prior to depositing base material. 2. Base density and thickness tests are required prior to application of prime coat. 3. All testing shall be made by an independent laboratory at the Owner's expense. An authorized representative of the City shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. 4. Pavement surface shall be Type "D" hot -mix, hot -lay asphaltic concrete with a minimum asphalt content of 5 %. 5. Backfill behind curbs shall be compacted to obtain a minimum of 95% of maximum density. Material used for curb backfill shall be primarily granular (clay materials with higher P.I. than 35 are prohibited), and free from boulders and clods larger than 6" in their greatest dimension. Refer to Standard Detail No. 1 - "Pipe Bedding" for backfill procedures. WATER NOTES FOR REFERENCING CITY OF AUSTIN SPECIFICATIONS FOR WORK WITHIN THE CITY OF ROUND ROCK 1. Water mains shall be PVC. The type, size and class of pipe shall be shown on the Plans. 2. PVC pipe used for water mains shall conform to AWWA C -900, Class 200. 3. Valves shall be Mueller iron -body gate valves with ends as shown on the Plans. TS - 1 4. Service material shall be type "K" copper tubing or 200 PSI polyethylene tubing conforming to ASTM D2737, SDR 9, with brass fittings. 5. Fire hydrants shall be 3 -way Mueller, improved AWWA type with pump nozzle for 4 %" fire hose. A 6 -inch gate valve and valve box shall be provided on each fire hydrant. 6. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City of Round Rock shall be present when such tests are made. 7. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required, and furnish all equipment and material for same. 8. Sterilization of mains shall be done under the supervision of the City, and the Contractor shall perform such sterilization, and furnish all material and equipment for same. SEWER 1. - Gravity sewer pipe shall be PVC, SDR -35, except SDR -26 shall be used at waterline crossings, as described in the General Notes on the Plans. 2. The type and size of pipe shall be shown on the Plans. 3. The type of manhole shall be shown on the Plans. 4. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City shall be present when such tests are made. 5. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required, and furnish all material and equipment for same. TS - 2