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R-95-05-25-14C - 5/25/1995CHANGE IN CONTRACT PRICE: Original Contract Price $ 183.707 77 CHANGE IN CONTRACT TIME: Original Contract Time 90 days or date Previous Change Order No. to No. Net change from previous Change Orders 8 _NIA_ $ 10.593.04 days Contract Price prior to this Change Order $ 1 94.300 81 Contract Time prior to this Change Order 98 days or date Net Increase of this Change Order $ 10.825.00 Net Increase of this Change Order 0 days Contract Price with all approved Change Orders $ 205.125 81 Contract Time with all approved Change Orders 98 days dale CHANGE ORDER PROJECT: St. Williams Street DATE OF ISSUANCE: December 28, 1995 OWNER: City of Round Rock (Name, 221 E. Main Street Address) Round Rock, Texas 78664 CONTRACTOR: JKL, Inc. OWNER'S Project No. 825 -A Ed Bluestein Boulevard Austin, Texas 78721 ENGINEER: Espey, Huston & Associates, Inc. 206 Wild Basin Road, Suite 300 CONTRACT FOR: Rehabilitation - Austin, Texas 78746 Street and Drainage Improvements You are directed to make the following changes in the Contract Documents. Description: Add manhole, traffic control, headwall Purpose of Change Order: adjust quantities to actual quantities, add pay items Attachments: (List documents supporting change): Quantity Ad ustment RECOMMENDE by Espey, Huston & Assoc., Inc. City of Round Rock /?-95 -05 /y No. 2 ENGINEER'S Project No. 16382 APPROV_ D: by JKL, Inc. NO. ITEM ESTIMATED QUANTITY WRITTEN PRICE DESCRIPTION UNIT PRICE TOTAL PRICE I D5 506 1.0 EA 5 diameter manhole, complete in place per each for Three Thousand One Hundred Seventy - Five Dollars and No Cents $3,175.00 +3,175.00 D13 510 +1.0 LS Adjustment to deepen the 30" Storm Sewer Line, complete in place per lump sum for Two Thousand Dollars and No Cents $2,000.00 +$2,000.00 D14 803 +1.0 LS Traffic Control for the installation of 30" storm sewer pipe in McNeil Road, complete in place per lump sum for Two Thousand Three Hundred Fifty Dollars and No Cents $2,350.00 +$2,350.00 D15 506 +1.0 EA Type 'C' headwall for 30" RCP, including the removal of the existing concrete apron, complete in place per each for Three Thousand Three Hundred Dollars and No Cents $3,300.00 +$3,300.00 QUANTITY ADJUSTMENTS Page 2 Total Additions to this Change Order Total Deletions to this Change Order TOTAL INCREASE TO THIS CHANGE ORDER $10,825.00 $0.00 $10,825.00 DATE: March 25, 1996 SUBJECT: City Council Meeting, March 28, 1996 ITEM: 18A. Consider Change Order No. 2 for JKL, Inc. forthe St. Williams Street Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: This Change Order provides for additional units of work necessary for the project. Staff recommends approval A41 :111:11). '� i �* � = , >.,.. PRODUCER FRANK SIDDONS INSURANCE P.O. BOX 2125 AUSTIN, TX 78788 � � ?F s : °" /21/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A CNA INSURED J.K.L, INC. B25A ED BLUESTEIN BLVD. AUSTIN, TX 78721 - _ tr tr..., THIS IS TO CERRFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN COMPANY B COMPANY C COMPANY D F : >':a; .a <tr ,,.:., F.... laokdfs . ..... ....... , :: ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, REDUCED BY PAID CLAIMS. SE TYPE OF MURANC! POLICY NUIOER POLICY EFFECTIVE DATE (I•°DD/M) POLICY EOEiATON DATE 011100m) LAOS A GENERAL X LUIBRITY COMMERCIAL GENERAL UABILITY Al23368868 09/21/95 09/21/96 GENERAL AGGREGATE 8 PRODUCTS - COMMA. am B 1 000 000 PERSONAL 5 ADV INJURY 1 S 1 000 000 CLAMS MADE I X I OCCUR EACH OCCURRENCE ■ ■ OWNERS & CONTRACTORS PROT FIE DMAAUE (My one Ire) $ 000 MED EXP (Any one pere0n) $ 5.000 A AUTOMOBILE X ■ ■ wows ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS BUAl23368871 09/21/95 09/21/96 COMBINED SINGLE LIMB 8 1,000,000 BODILY MAW (Per pae0n) s BODILY INJURY (Per eeeRderrL 8 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE maims ANY AUTO AUTO OM.? - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT 8 AGGREGATE A EXCESS ■ ■ LIABl117 UMBRELLA FCPEI OTHER THAN UMBRELLA FORM A729817098 09!21!95 09/21/98 EACH OCCURRENCE AGGREGATE s A WORKERS COMPENSATION AND EWLOYERS LSi8I1TY THE PROPRIETOR FI SECUTIYE OF O FFICERERS ARE: I NCL IXCL WC135620637 09/29/95 09/21/96' � • __ EL EACH ACCIDEHI EL DISEASE - POLICY uses EL DISEASE - EA EMPLOYEE 8 IINM1 OTHER DESCRWTTON OF OPERATTONSILOCATIONBAIE $ICLESISPECML ITEMS GENERAL LIABILITY AND AUTO UABILTY POLICIES INCLUDE AN ADDITIONAL INSURED ENDORSEMENT IN FAVOR OF: THE CITY OF lRO-UN,�,DROCK CI� .:. 'S^:. _X ':. , ... M<...'' .:,:tr trtr.,. .:.: <> ......, CTY OF ROUND ROCK ATTN: KATHY GREEN 809 E. MAIN ROUND ROCK, TX 78664 (a wl ,�-- ..a�., Mtr.......,u ,: .9 tri:>,.s „a b h.d i ' -' ', i': SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE ME EGEATON DATE THEREOF, THE EMJMG COMPANY WILL MAL MI DAYS WRTEN NOTICE TO OM CERTWICATE HOLDER NAMED 10 THE LEFT, - - - AIIRIOR® ROVIESENTAIWE ! c. . ( ., CHANGE IN CONTRACT PRICE: Original Contract Price $ 183.707.77 CHANGE IN CONTRACT TIME: Original Contract Time 90 days or date Previous Change Order No. _N /A_ to No. _N /A_ $ 0.00 Net change from previous Change Orders 0 days Contract Price prior to this Change Order $ 183.70737 Contract Time prior to this Change Order 90 days or date Net Increase of this Change Order $ 10 593.01 Net Increase of this Change Order 8 days Contract Price with all approved Change Orders $ 194.300.81 Contract Time with all approved Change Orders 98 / days date PROJECT: OWNER: (Name, Address) CONTRACTOR: CONTRACT FOR: You are directed to make the following changes in the Contract Documents. Description: Add pay items; adjust contract quantity; and revise base thickness. Purpose of Change Order: St. Williams Street City of Round Rock 221 E. Main Street Round Rock, Texas 78664 JKL, Inc. 825 -A Ed Bluestien Bouldevard Austin, Texas 78721 Rehabilitation - Street and Drainage Improvements CHANGE ORDER Added sidewalks to contract; correct quantity; and revise base thickness to match Geotechical recommendation. Attachments: (List documents supporting change): Quantity Adjustment REC• FENDED' 1 �� by Engineer AP/. by Owner C1� 9'5-O-5 No. 1 DATE OF ISSUANCE: August 28, 1995 OWNER'S Project No. ENGINEER: Espey, Huston & Associates, Inc. 206 Wild Basin Road, Suite 300 Austin, Texas 78746 ENGINEERS Project No. 16382 APPROVED: b Contractor NO. ITEM ESTIMATED QUANTITY WRITTEN PRICE DESCRIPTION UNIT PRICE TOTAL PRICE ■ E4 604 - 9,656.0 SY Restoration and Revegetation, for all disturbed areas as a final pay, complete in place per square yard for No Dollars and Eighty -Six Cents $0.86 - $8,304.16 D3 510 -50.0 LF 30" reinforced concrete pipe (Class III Pipe), complete in place per linear foot for Ninety -One Dollars and Thirty Cents $91.30 - $4,565.00 D12 510 +50.0 LF 30" reinforced concrete pipe (ASTM -C76 Class V Pipe), complete in place per linear feet for One Hundred Two Dollars and Thirty Cents $102.30 +$5,115.00 P3 210 - 2,280.0 SY 12" Crushed Limestone Base Material, complete in place per square yard for Nine Dollars and Fifty -Five Cents $9.55 - $21,774.00 P11 1,196.0 LF 5' Concrete Sidewalk, including curb ramps complete in place per linear foot for Twelve Dollars and Fifty Cents $12.50 +$14,950.00 P12 210 2,280.0 SY 14" Crushed Limestone Base Material, complete in place per square yard for Eleven Dollars and Four Cents $11.04 +$25,171.20 CONTRACT ADJUSTMENTS Page 2 Total Additions to this Change Order Total Deletions to this Change Order TOTAL INCREASE TO THIS CHANGE ORDER $45,236.20 $34,643.16 $10,593.04 WHEREAS, the City of Round Rock has duly advertised for bids for the St. Williams Street Improvements, and WHEREAS, JKL, Inc., has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of JKL, Inc., 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 JKL, Inc. for the St. Williams Street Improvements, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of May, 1995. ATTEST: NE LAND, City Secretary KS /RESOL[TTION RS50525C RESOLUTION NO. R- 95- 05- 25 -14C EVER, Mayor Rock, Texas MRY 22 '95 15:07 FR ESPEY HUSTON Espey, & Huston � Associates, Consultants Date: May 22. 1995 To: Al Wille Company: City of Round Rock Public Works Department Fax Number. 218 -5563 Total Number of Pages: 8 (Including Cover Sheet) Engineer's Recommendation for St Bid Tabulation Contractor's Qualifications Engineer's Estimate A Planet Pacific Company Telecopy Cover Sheet Austin Office From: Frank H. Del Castillo Phone No.: 329 -8342 ext 9583 EH&A Job No.: 16382 -03 Project Name: St. Williams Street COMMENTS: Williams Stet Rehabilitation TO 8- 2185563 ,P.01/08 If Transaction Is Not Clear, Or You Do Not Receive All Pages, Please CaII: (512) 327 -6840 Espey, Huston & Associates, Inc. Telecopy Number. (512) 327 -2453 P.O. Box 519 • Austin. Texas 78767 -0519 206 Wild Basin Road. Suite 300 (78746 -3343) (512) 327 -6840 TEL • (512) 327 -2453 FAX MRY 22 '95 15:08 FR ESPEY HUSTON Eva Espey, Huston & Associates, Inc. Engineering & Environmental Consultants May 18, 1995 Mr. Al Wille, P.E. Public Works Department City of Round Rock 2008 Enterprise Round Rock, Texas 78664 RE: St. Williams Street Engineer's Recommendation EH &A Project No. 16382 Dear Mr. Wille: On May 16, 1995 at 2:00 p.m., bids were opened for the above referenced St. Williams Street project. Three (3) bids were received and opened. The lowest bid was $183,707.77, received from JKL, Inc. The second taw bid was 9208,886.00, received from Austin Engineering. A copy of the Bid Tabulation is attached. I have reviewed the bids and checked the qualifications for JKL, Inc. It is my recommendation to award the contract to JKL, Inc. Should you have any questions or desire additional information, feel free to contact me. S Sinccer � ely, 6 Frank H. Del Castillo Project Design Manager D anny R artin, P.E., R.P Associate F H D /km:JAwaei» e59MAweIooPER,O Attachment A PLANET PACaf[C COMPANY 1 r k,Ph 1 x9s NY R. M ARTIN 44960 : �l A ar I�+S � s SQIYAL�� TO 8- 2185563 P. /08 P.O- Box 519 • Austin. Texas 78767 -0519 206 Wild Basin Road, Suite 300 (78746 -3343) (512) 327 -6840 TEL • (512) 327 -2453 FAX 5T.1401LLAM5 STREET Y .., um STREET AND DRAINAGE 1E0'ROVEMEBTTS . le, 9E..7 iI MAY 16, 1995 • X Cy 4 * : * q % 4 l re •d�w d 0" : '11..e.:' !STEP; ` Si 7 a ri qL -6. ,1%Bond ff. BIDDERS OCL, Inc. B Au Teoos Austin Engineering Co., fee. Austin, etue 78716/ 990 /MS Construction, Inc. P.O. Austia, Texas 78755-0498 Bid Addendum Bid Bond Addendma 1 Bid Bond Addendum N 3 1 4 N 3: 1 4 N ' 3 I 4 No. Bid Rem I Qnanlity Unit Unit Price Total Price Unit Price Total Prinz Unit Price Total Price EROSION CONTROL El Silt fence 126 IF 2.50 31500 5.00 630.00 5.00 630.00 B2 Rock tenet 45 LF 17.30 778.50 25.00 1,125.00 20.00 900.00 E3 Triangular filter dike 15 1.F 4.70 70.50 30.00 450.00 20,00 300.00 B4 Restoration and revegelation 13,667 SY 0.86 11,733.62 0.70 6,833.50 2.00 21,334,00 TOTAL EROSION CONTROL 12,917.62 9,038.50 29,164.00 DRAINAGE IMPROVEMENTS D1 18" reinforcedconcretepipe 292 LF 51.95 15,169.40 33.00 9,636.00 40.00 11,680.00 D2 24" reinforced concrete pipe 47 LF 72.50 3,407.50 39.00 1,0331.10 70.00 3,290.00 D3 30" reinforced concrete pipe 358 1.9 91.30 32,685.40 47.00 16026.00 00.00 28,640.00 134 42" reinforced concrete pipe 120 LF 119.65 14,358.00 62.00 7 %40.00 90.00 10,800.00 135 5' diameter manhole 1 EA 3,173.00 3,175.00 3,200.06 3,200.00 3,000.00 3,000.00 176 Type `C" headwall for 24' RCP 1 EA 2,170.00 2,170.00 2,300.00 2,300.00 2,000.00 2,00000 137 Type 'C" headwall for 42" RCP 1 EA 2,600.00 2,600.00 3,000.00 3,000.00 3,005.00 3,000.00 D8 Standard curb infer I EA 2,809.00 2,809.00 3,000.00 3,000.00 3,000.00 3,000.00 D9 Standard Boring including Bore Pita 65 LF 290.00 18,85000 514.00 33,410.00 605.00 39,000.00 0)10 Trench Safety System 697 LF 4.30 2,997.10 5.00 3,405.09 5.00 3,483.00 DI Compacated fill material 880 CY 5.70 5,01600 10.00 8,800.00 30.00 26,400.00 TOTAL DRAINAGE IMPROVEMENTS 103,236.40 92,930.00 134,295.00 SI. WILLIAMS STREET STREET AND DRAINAGE 1MPROVE II)5 US r. Q; T6 I MAY 16, 1995 4 y < _ �� !!! T is .. :• t, { Y , , AR'f1V , • •o ' s ,ii,' e - la 10, �� /� {r Cy S T E P . /19 1iAL C. s 4 1S ' v JrI • No. Bid Item Quantity Unit BIDDERS 1211., Inc. 625-A Ed Bluestein Blvd, Austin, Tons 78721 Austin EngineeriogCo., 16c. P O. Box 161990 Austin, Texas 7571E-19jD NBSConstruction,Inc- P O. Box 26498 Austin, Texas 78755 -0498 Unit Price Addendum Total Price Bid Bond Unit Pry Addendum Total Price Bid Bond Unit Price Addendum Tonal Price PAVING IMPROVEMENTS P1 Excavation and embanlonent 3,320 SY 2.55 8,466.00 14.00 461480.00 15.00 49,800.00 P2 Subgrade Preparation 2280 SY 1.65 3,762.00 3.00 6,840.00 1.50 3.420.00 P3 12' Crushed Limestone Base Material 2280 SY 9.55 21,774.00 9.00 20,520.00 .. 5.70 12,996.00 P4 2' Hot Mix Asplmhic Connote 1,920 SY 6.20 11,904.00 6.00 11,520.00 4.00 7,680.00 PS Connate Curb and Gutter 1,032 LP 10.75 11,094.00 1000 1020.00 7.00 7,224.00 P6 Concrete Valley Gutter 1 EA 2,300.00 2,300.00 2,800.00 2,800.00 1,500.00 1,500.00 P7 Standard Barricade 4 EA 705.00 2,820.00 1,000.00 45100.00 600.00 2,400.00 P8 Type IDrvcwoy l EA 1,620.00 1,620.00 1,600.00 1600.00 1,50000 1,500.00 P9 Remove Existing Pavement 1975 SY 1.35 2,666.25 1.00 1,975.00 5.00 9,575.00 P10 Pavement striping including 24" gripes utilizing yell re0ectorizedpaim 1,350 LF .85 1,147.50 0.75 1,012.50 1.00 1,350,00 TOTAL PAVING IMPROVEMENTS 67,553.75 107,067.50 97,743.00 TOTAL AMOUNT BID 183,707.77 209 036 261,204.00 m 0 m MAY 22 '95 15:09 FR ESPEY HUSTON TO 8- 2185563 Erosion/Sedimentation Control Silt Fence Rock Berm Triangular Filter Dike Restoration & Revegetation D,'ainage'lm proveinen3s 18" R.C.P. 24" R.C.P. 30" R.C.P. 42" R.C.P. Storm Sewer Manhole 5' Dia. Type "C" Headwall 24" Type "C" Headwall 42" Standard Curb Inlet Standard Boring Trench Safety Compacted Fill Material Paving improvements Excavation and Embankment Subgrade Preparation 12" Base Material 2" H.M.A.C. Curb and Gutter Concrete Valley Gutter Standard Barricade Type I Driveway Remove Existiing Pavement Pavement Striping Construction Summary Erosion/Sedimentation Control Drainage Improvements Paving Improvements KMROJECTeLDEVST- WILL1DQC818T006r.we, ST. WILLIAMS STREET Street, and Drainage Improvements Engineer's Estimate of Probable Construction Costs Quantities based on Construction Plans Estimated by Eric Simpson May 2, 1995 File - STCOST.WB1 Estimated Estimated Unit Quantity Cost 126 LF $2.00 45 LF $15.00 15 LF 810.00 13,667 SY $2.00 3,320 SY 2,280 SY 2,280 SY 1,920 SY 1,032 LF 1 EA 4 EA 1 Ea 1,975 SY 1,350 LF $4.50 $2.00 $6.00 $4.75 $8.00 $2,250.00 $500.00 $1,000.00 $6.00 $0.25 Estimated Construction Cost Contingeny (10 %) Total Estimated Construction Cost /•'pr S TEF Z , }Q Total Estimated Cost $252.00 $675.00 $150.00 $27 334.00 Subtotal 8,411.00 292 LF $27.00 $7,884.00 47 LF $37.00 $1,739.00 358 LF $50.00 $17,900.00 120 LF $65.00 $7,800.00 1 EA $2,500.00 $2,500.00 1 EA $2,500.00 $2,500.00 1 EA $3,000.00 53,000.00 1 EA $2,500.00 82,500.00 65 LF $350.00 $22,750.00 897 LF $1.00 $697.00 880 CY $5.00 $4,400.00 Subtotal 73,670.00 Subtotal $14,940.00 $4,560.00 113,680.00 $9,120.00 $8,192.00 $2,250.00 $2,000.00 $1,000.00 811,650.00 $337.50 55,929.50 Estimated Cost 828,411.00 $73,670.00 $65,929.50 8168,010.50 $ 16,801.05 $184,811.55 1 Pp" 1 Of 1 DATE: SUBJECT: ITEM: May 22, 1995 STAFF RECOMMENDATION: City Council Meeting, May 25, 1995 14C. Consider a resolution authorizing the Mayor to enter into a contract with JKL, Inc. for St. Williams Street Improvements. STAFF RESOURCE PERSON: Jim Nuse On May 16, 1995, three bids were received for the construction of the St. Williams Street Improvement Project. JKL, Inc. submitted the lowest and best bid for the project at $ 183,707.77. Staff recommends award to JKL, Inc. EVA Espey, Huston & Associates, Inc. Engineering & Environmental Consultants ,e 95 -05? -14C, Document No. 950550 EH &A Job No. 16382 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF ST WILLIAMS STREET REHABILITATION - STREET AND DRAINAGE IMPROVEMENTS Prepared for: City of Round Rock Prepared by: Espey, Huston & Associates, Inc. P.O. Box 519 Austin, Texas 78767 May 1995 Printed on Recycled Paper 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section TABLE OF CONTENTS Description Pate 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 3.0 Post Bid Documents PBD -1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Plans, Details and Notes PDN -1 163 82 /950550 /table. mst /spec 1.0 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled St. Williams Street Rehabilitation Street and Drainage Improvements (project includes removal of existing pavement, construction of 30 -foot curb and gutter section, modifications to existing detention facilities and associated drainage improvements) will be received until Tuesday, May 16, 1995 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 "St. Williams 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, Bid Forms, Specifications, and Instructions to Bidders may be obtained from Espey, Huston & Associates, Inc. at 206 Wild Basin Road, Suite 200, Austin, Texas 78746 beginning May 1, 1995 for a non - refundable charge of $25.00 per set, payable to Espey, Huston & Associates, 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 the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: Round Rock Leader: May 1, 1995 May 8, 1995 16382 /950550 /noticebd /spec.master NB -2 May 1, 1995 May 4, 1995 May 8, 1995 May 11, 1995 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 16382 /950550 /biddoc.mst /spec BD - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 14. No contract shall be binding upon the City of Round Rock until it has been signed 1 1 1 1 1 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one- hundred percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner, with approval prior to bid opening. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 16382 /950550 /biddoc.mst/spec BD - 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and /or material furnished. 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. 16382 /950550 /biddoc.mst /spec BD -3 BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly bound unto the hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF for which bids are to be opened at the office of the OWNER on NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of Principal: Surety: By: By: (Seal) (Seal) 16382 /950550 /biddoc.mst /spec BD - PROPOSAL BIDDING SHEET JOB NAME: St. Williams Street Rehabilitation - Street and Drainage Improvements JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: May 16, 1995 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of St. Williams Street Rehabilitation - Street and Drainage Improvements and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: 16382 /950550/biddoc.mst /spec BD - MI = OM OM MB • IN ME NM M - -- S•• MB BID SCHEDULE No. Item Estimated Quantity Written Price and Description Unit Price Total Price EROSION CONTROL El 642 126 LF Silt fence, complete in place 2.50 315.00 per linear foot for Two ' Dollars Fifty Cents E2 639 45 LF Rock berm, complete in place 17.30 778.50 per linear foot for Seventeen Dollars Thirty Cents E3 628 15 LF Triangular filter dike, 4.70 70.50 complete in place per linear foot for co Four Dollars Seventy Cents E4 604 13,667 SY Restoration and revegetation, .86 11,753,62 complete in place per square yard for No Dollars Eighty Six Cents TOTAL EROSION CONTROL 12,917.62 DRAINAGE IMPROVEMENTS DI 510 292 LF 18" reinforced concrete pipe, 51.95 15,169.40 complete in place per linear foot for Fifty-One Dollars Ninety -Five Cents MI • MN • I NM MN • NM • — MI MI NM UM • MI • OM BID SCHEDULE No. Item Estimated Quantity Written Price and Description Unit Price Total Price D2 510 47 LF 24" reinforced concrete pipe, 72.50 3,407.50 complete in place per linear foot for Seventy -Two Dollar Fifty Cents D3 510 358 LF 30" reinforced concrete pipe, 91.30 32,685.40 complete in place per linear foot for Ninety -One Dollars Thirty Cents D4 510 120 LF 42" reinforced concrete pipe, 119.65 14,358.00 complete in place per linear foot for m One Hundred Nineteen Dollars 0 Sixty -Five Cents D5 506 1 EA 5' diameter manhole, 3,175.00 3,175.00 complete in place per each for Thirtv Hundred Seventy-Five Dollars No Cents D6 506 1.0 EA Type "C" headwall for 24" 2,170.00 2,170.00 RCP, complete in place per each for Twenty -One Hundred Seventy Dollars No Cents D7 506 1.0 EA Type "C" headwall for 2,600.00 2,600.00 42" RCP, complete in place for Twenty-Six Hundred Dollars No Cents MI MI MO MI MO I MN I MI MO MI NM - = MN • -• No. Item Estimated Quantity Written Price and Description Unit Price Total Price D8 508 D9 501 65 LF Standard Boring Including 290.00 18,850.00 Bore Pits for Two Hundred Ninety Dollars No Cents D10 509 697 LF Trench Safety System for 4.30 2,997.10 drainage improvements, complete in place per linear foot for o Four Dollars Thirty Cents D11 132 880 CY Compacated fill material, 5.70 5,016.00 complete in place per cubic yard for Five Dollars Seventy Cents TOTAL DRAINAGE IMPROVEMENTS 103,236.40 PAVING IMPROVEMENTS P1 111 1.0 EA BID SCHEDULE Standard curb inlet, complete in place per each for Two Thousand Eight Hundred Eight Dollars No ' Cents 2,808.00 2,808.00 3,320 SY Excavation and embankment, 2.55 8,466.00 . including right -of -way, complete in place per square yard for Two Dollars Fifty -Five Cents MN OM • -- OS NM MN MI • MN On • • MI • MI BID SCHEDULE No. Item Estimated Quantity Written Price and Description Unit Price Total Price P2 201 2280.0 SY Subgrade Preparation, 1.65 3,762.00 complete in place per square yard for One Dollars Sixty' -Five Cents P3 210 2280.0 SY 12' Crushed Limestone Base 9.55 21,774.00 Material, complete in place per square yard for Nine Dollars Fifty -Five Cents P4 340 1,920 SY 2" Hot Mix Asphaltic 6.20 11,904.00 Concrete, including prime coat, complete in place per o square yard for Six Dollars Twenty Cents P5 430 1,032 LF Concrete Curb and Gutter, 10.75 11,094.00 including transition curb for inlets, complete in place per linear foot for Ten Dollars Seventy -Five Cents P6 436 1.0 EA Concrete Valley Gutter, 2,300.00 2,300.00 complete in place per each for Twenty -Three Hundred Dollars No Cents P7 803 4 EA Standard Barricade, complete 705.00 2,820.00 in place each for Seven Hundred Five Dollars No Cents • I MI MI OM I •= MN • N - M M MI I MI BID SCHEDULE No. Item Estimated Quantity Written Price and Description Unit Price Total Price P8 433 1.0 EA Type I Driveway, complete in 1,620.00 1,620.00 place per each for Sixteen Hundred Twenty Dollars No Cents P9 1975.0 SY Remove Existing Pavement, 1.35 2,666.25 complete in place per square yard One Dollars Thirty -Five Cents P10 860 1,350 LF Pavement striping including .85 1,147.50 2-4" stripes utilizing yellow reflectorized paint, complete Wv in place per linear foot for No Dollars ° Eighty -five Cents TOTAL PAVING IMPROVEMENTS 67,553.75 TOTAL AMOUNT BID 183,707.77 t he undersigned certifies that the bid prices contained in the proposal have been carefully checked and e submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. I , ice Pc•cs 1 OL -.3n( Title for 11 JKL,4,' il ame of Firm 506.7q late 1 1 1 1 1 1 1 1 1 1 this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds d insurance certification as per the Instructions to Bidders and commence work within ten (10) days i ter written Notice to Proceed. The undersigned further agrees to complete the work in full within nety (90) calendar days after the date of the written Notice -to- Proceed. l espectfully Submitted, 16382 /950550 /biddoc.mst/spec BD - 82S -A P3rwe ' 7 7 ?7Z ( Address 5(Z - 3a-5- 54750 Telephone f _• Secretary, if Contractor is a Corporation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this � o � day of �Cr,u A.D. 19 Q5, by and between the CITY OF ROUND ROCK, TEXAS acting through it's Mayor, Party of the First Part, hereinafter termed the OWNER, and L//CL , 2,�1c • of the City of AUSTIN , County of TRAVIS , 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 said First Party (Owner), the said Second Party (Contractor), hereby agrees with the first Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's for certain improvements Proposal dated MA1/ //.0 /995 described as follows: / 16382 /950550 /postbid.msUspec St. Williams Street Rehabilitation Street and Drainage Improvements The Contractor shall perform all work shown on the Plans and described in the Contract and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 10 consecutive calendar days after that date of the Notice to Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within 90 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. PBD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AGREEMENT - continued The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full: The Notice to Bidders The Instruction to Bidders The Proposal and Bidding Sheets The Performance & Payment Bonds The General Conditions of Agreement The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Certificate of Insurance The Plans IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in multiple originals in the year and day first above written. ecretary, if Contractor is a Corporation or otherwise registered with the Secretary of the State 16382!950550 /postbid.mst/spec PBD -2 By: (I /4r Party of the Firart (Owner) Mayor - City of Round Rock By: arty of the Second Part, (Contractor) COUNTY OF WILLIAMSON WHEREAS, the Principal has entered into a certain written contract with the Owner dated the th day of _Tn e , 19 95 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: St. Williams Street Rehabilitation Street and Drainage Improvements MRY -31 -4 5 WED 12:04 PM P.04 THE STATE OF TEXAS 163821950550/poebid.m5Uspec PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That JKL, Inc. of the City of Austin , County i of Travis , and State of Texas , as Principal, and and under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum o fone Hundred Eighty Three Thousand.Seven Hundred SPven dollars($ 183,707.77 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PBD -3 MAY -31 -95 WED 12:05 PM `tee PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the .said Principal and Surety have signed and sealed this instrument this I?" 19C?S '.yt(L, Inc. Principal Title Pr-cc ide,i+-1O Lot; er 825 Ed Bluestein Blvd Address Austin, TX 78721 The name and address of the Resident Agent of Surety is : Frank Siddons Insurance Agency P.O. Box 2125, Austin, TX 78768 1638:!950550 /poubid.msv,pce PBD -4 day of --Tun United States Fidelity and Guaranty Surety Company By: a i_ Atty -in -Fact Title 7330 San Pedro #800 Address San Antonio, TX 78216 P. 05 r STATE OP MARYLAND) BALTIMORE CITY ) o.die 4th dayof Senior Via Pesideotof the UNITED STATES Seventy of said Company, with both of Lamendola sod SimS the said UNITED STATES FIDELITY t GUARANTY CO eaob knew the seal of said commotion: that the seal affixed of said corporation. and Sunday signed their namca sJ( My Commission aspires the llth i J�ayr is PS3(IOA2) UNITED STATES FIDELITY AND GUARANTY COMPANY +/ U SF+G 0 NSNIpNTE KNOW ALL MIEN BY THESE PRESENTS: That UNTIED STATES FIDELflY AND GUARANTY COMPANY, a corporation organized sod existing under the laws of the State of Maryland and having its principal offioa at the City of Baltimore, io the State of Maryland, does hereby constitute and appoint Robert C. Siddons, Steven B. Siddons, Bettye Ann Rogers, Robert C. Fricke, Linda Cauey and Douglas J. Wealty of fie City of Austin . State of Texas its true and lawful Aummy(s).io-Fao, each i0 their sepame capacity 11moos than one is monad above, to sign its acme as surety to, audio exeade, seal and acknowledge any and all bonds, undettaldngs, contracts and other redden imtltmeets io the name thereofoo behalf of the Company in its business of gumateeiag the fidelity ofpers000 guarmttoing the performance of oomtocta: and awning or guaranteeing bonds and undertakings mequisad or permitted io any 0101000 orproeeadings allowed by law. ln Witness Whereof. the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this Matmmem to be sealed with its corpome seal, duly attested by the rigrumxv of its Senor Vice Prmideot end Assistant Secretary, this 4th day of February • • 19 94. UNITED STATES FIDELITY AND GUARANTY COMPANY Maned) • POWER OF ATTORNEY NO. 108182 name Robe NOTARY PUBLIC Assistant Secretary 977563 J. Lamendola Paul ! s. i, s . Assrstaot dud tbeY. tin said Robert J. Senior Yee President and cbe Assistant Secretary of cb executed the foregoing Power of Attom.; that they rare seal, that it was so affixed by order of the Board of Directors acid Assisnot Secretary. espeovely, of the Comm.. 19 95. Ibis Power of Attorney is grouted under a3rjty Authority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED. that in mmectiou with the fidelity and surety insane. business of the Company, all bonds, undedtakings. cootrans and other instmme0ts relati0g to said bruin= rosy be signed, ooec ned. sad acknowledged by parsons or edifies appointed as Attorney(: )-in -Fact pursuant to a Power of Attm0ey issued in accordance with these resolutions. Said Power( :) of Attorney for and on behalf of the Compsoy may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President. or an Enemdvo Via President. or a Senior Vice Presided. or a Vice President or an Assistant Vice President, jointly with the Smarmy or as Assistant Sanatory, under their respective deeignaco01. The signature of Such officers may be eogove• Painted or lithugnph0• The Agnat=e of mob of the foregoing officers and the foal of the Company may be affixed by facsimile to any Power of Attorney or to any =Mirade mating thereto appolution ACOmry(s). -Fact for purposes only of execdiog and attesting bolds and undertakings and other writings obligatory in the nature therso£ and. unless subsequently rooked sad subject to any limitations set forth therein. any such Power of Amsmey or certificate bearing such facsimile signeme or faciimde seal shall be valid sod binding npoo the Company and any such power so executed and certified by such facsimile sigma= and facsimile seal shall be valid and binding upon the Company with respect to my bond or undertaidng to which it is validly attached- cam. subject to the Germs and limitations RESOLVED, tart Attomey(s)ie.Fact shall have the power and authority, unless subaeque Wy [evoked and, in any of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to nay and all bonds and uadaWdogs, and other writings obligatory in the came thereof, and any such inrammanl executed by such Attorney(s )..-Fact shall be as biodiug upon the Company as if signed by an Executive Officer and sealed and s tmted to by the Secretary of the Compmy. L Paul D. Sims .m AssistmtSecetaryoftheUNITED STATES FIDELIY ANDGUARANTY COMPANY. do hereby certify that the foogoleg is a tote excerpt from the Resolution of the said Company as adopted by in Board of Directors too Sepueber 24, 1992 and that this Rmoluti00 is io 6d1 farce and i L the undersigned eauq of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby codify that the (oeg.* Power of AttomeY is in full force ande W oc} hae0 revolted. lo Testimoy Whereof, I have hereunto et my had and the seal of l iffESTATES FIDELITY AND GUARANTY COMPANY on this day of , 19 . Aui0mt Secretary 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of , as Principal, and authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OFROUND ROCK, TEXAS, (Owner), in the penal sum of dollars ($ ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. 16382 /950550 /postbid.msUspec PBD -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 Principal Surety By: By: Title Title Address Address The name and address of the Resident Agent of Surety is : 16382 /950550 /postbid.mst/spec PBD -4 1 H MAY -31 -95 WED 12:06 PM THE STATE OF TEXAS COUNTY OF WILLIAMSON 16382 /9505504poabid.ms1fspec PAYMENT BOND PBD-5 J KNOW ALL MEN BY THESE PRESENTS: That JKL, Inc. , of the City of Austin , County of Travis , and State of Texas as Principal, and u. s. F. & G. 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, (OWNER), and all subcontractors, workers, laborers, j mechanics and suppliers as their interest may appear, all of whom shall have the right to J sue upon this bond, in the penal sum of One Hundred Eighty Three Thousand, Seven Hundred Seven Dollars ($ 183, 707.77 ) for the payment J whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these Li presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, "� dated the f3 ' `1 day of _;r,,, e , 19?S to which J Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: St.Williams Street Rehabilitation Street and Drainage Imorovements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. P.06 MAY -31 -95 WED 12:06 PM ■ PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's 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 t3 r `' day of Tv� t , 19 95 . L n• • Principal )l. s den - x - `00- ,4 er Title 825 Ed Bluestein Blvd Address Austin, TX 78721 The name and address of the Resident Agent of Surety is : Frank Siddons Insurance Agency P.O. Box 2125, Austin, TX 78768 16382 /950550 /postb4 msJspec PBD -6 United States Fidelity and Guaranty Company Surety By: Atty -in -Fact Title 7330 San Pedro #800 Address San Antonio, TX 78216 P.07 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 108182 KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDEUTY AND GUARANTY COMPANY. a corporation organized and existing ender the laws of the Stare of Maryland teed having its ptiocipal office at the City of Baltimore, in the State of Maryland, does hereby medituoe and appoint Robert C. Siddons, Steven B. Siddons, Bettye Ann Rogers, Robert C. Fricke, Linda Couey and Douglas J. Wealty of the C[y of Austin . Stme of Teams its ma sad lawful Attorory(s)-in -Fam, each in their separate capacity dmors than one is named above. to sign its name as surety to, teed to execute. seal and acknowledge any and all bonds, undertakings, contexts and other 'Magee instnemeta io the =lure thereof on behalf of the Company in its business of gioranteeieg the fidelity ofperson% guaranteeing the performance of contracts: and executing orgnarameeing hoods and uodegalcogs required or permitted in any actions orpruceedngs allowed by law. In Witoass Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed eruh its corpotate seal. duly Mated by the signatures of its Senior Vice Presidete and Assufaot Soonaary, this 4th day of February . A.D. 19 94. STATE OF MARYLAND) BALTIMORE CITY ) FS)(1692) (Sid) BY (Signed) By SS: UNITED STATES FIDELITY AND GUARANTY COMPANY oaths 4th day of Feb .. YA.D. 19 94. before Senior Vice President of the UNITED STATES r. s GUARANTY -- - � Seaataey of said Company, with both of w .0 ..- y acquainted. Lamendola and D. Sims the said UNITED STATES FIDELITY GUARANTY CO each knew the seal of said corporation: that the seal affixed of said corporation, and that they signed thei names My Commission expires the NOTARY PUBLIC Assistant Secretary J � Assistant Secretary 977562 ¶USF+G " INSUBINCE came Robe J. Lamendola Assistant P801 S me sweatily that P5. tin mist Robert J. Sealer Vice President and the Assistant Secretary of eh executed the foregoing Power of Attorney: that they We seal, that it was so affixed by other of the Bead of Directors nt and Assistant Secretary, respectively. of the Company. A.D. 19 95. This Power of Attorney is granted under alley 5utbority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance butanes of the Company, all bonds, undedakings, contracts and other instruments relating to said bud's may be signed. exewdod, and acknowledged by persons or entities appointed as Atmrney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these tesolugom• Said Power(s) ofAttomcy for and on behalf Mee Company may and shall be executed in the name and on behalf ofthe Company, either by the Chaim:sm. or the Psaideot, or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, pasted or lithographed. The signature of each of the foregoing officers and the seal of the Company may he allured by Goaimile to any Power of Attorney or to any certificate rebting therm appoioriug Attemey(s)-M -Fan for purposes ody of executing and attesting ids and undertakings and other wdtiugs obligatory in the nature thereof and unless subsequeody rooked and subject to any limitations set forth the rein, any each Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signamo sad facsimile seal shall be valid and binding rpm the Company with respect to any bood or undertaking to which it is validly attached RESOLVED. that Alomey(s )-inFau shall have the power and authority, unless subsequently revoked and, in any case, subject to the arms and limitations MU,. Power ofAnomey issued to them, to execute and deliver on behalf of the Company and to anach the seal of the Congany to any and a0 bonds and uademdtings. and other wdbogs obligatory in tie nature thereof and any such inswment executed by such Attomey(s }in -Fact shall be as binding upon the Company as if signed by an Executive Officer and salad and attested to by the Secretary of the Company. L Paul D. Sims . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY. do hereby cat* that the foregoing is a erne excerpt from the Resotution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Reaohnioa is in Rd] force and t I 1. the undeaigeed - ,�°'— �•''`_�,' of the UNITED STATES FIDELITY AND GUARANTY COMPANY do Malty certify that the foregoing Power of Attorney is in full force and effect ad has not becntevoked. In Testimony ItMerest t have hereunto see my hand and the seal of o L FIDELITY AND GUARANTY COMPANY on this day of ,19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ti THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That , of the City of , County of , and State of as Principal, and 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, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Dollars ($ ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19_, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. 16382/950550 /postbid.mst/spec PBD -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 19_ Principal Surety By: By: Title Title Address Address The name and address of the Resident Agent of Surety is : 16382 /950550 /postbid. mst/spec PBD -6 p RO D uC .« .. .;sxa nxv FODUCEFI FRANK SIDDONS INSURANCE P.O. BOX 2125 AUSTIN, TX 78768 A 5/95 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 POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A cNA MSUREO J.ICL., INC. USA ED BLUESTEIN BLVD. AUSTIN, TX 78721 COMPANY B TEXAS WORKERS COMPENSATION FUND COMPANY C coMPANY D riS a,€:xa�'sY°": ...:'#��#3'aa3X .'Fx;1.�' fn. .. ..�: . ^,..:. viz'.CS�S,�� ' '�s� > n::., 3.w..' ''�,�,` �: , >�� ' �E` �°X ' . ' a ' � a' � mm� THIS IS TO CERTIFY THAT THE POUCIES 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL 1HE TERMS, OCCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r TYPE OF IISURANCE POLICY NUMBER POLICY FFFEG7NE DATE DAWDOPPI) POLICY MENTION DATE NATI WRY) UNITS A GENERAL X IJABLRY CO U. )CW GENERAL LNBLDY Al23368868 09/21/94 09/21/95 GENERAL AGGREGATE I '1'^0,0H0 0 1.000.000 $ 1,000.000 PRODUCTS - CCI0 0P AGO P10100111). & ARV BLEW ., I 0.M.6 MADE X OCCUR EACH OCCURRENCE i 1.000.000 01nNET5 6 CONTRACTORS PROT $ 100.000 FFIE DAMAGE (My arse Ere) M+EO EP (My WM peocc) s 5.000 A AUTOMOBIE X X — X _L LIABILITY ANY AUTO ALL GYMED AUTOS SCHEDULED AUTOS NEED AUTOS NONNAMED AUT05 BUAl23368871 09121/94 09/21/95 N:oMBEED Se10lE urn 6 1,000.000 BOOLY I&JJRY (Per person) i BOOLY MJURY (For accident $ PROPERTY DAMAGE 1 GARAGE — TABE1RY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AITTO ONLY' .,. .� EMI( ACCIDENT 1 AGGREGATE 8 A ' 800808 Y u*BLRY I UMBF .LA FORM OTHER RUN UMBRaLA FORM Al29817095 09/21/99 09/21/95 EACH OCCURRENCE 1 1000,000 AGGREGATE $ 1,1100000 i 1 09!29199 09729195 Y I tM� f 1 1 M .. _ . WORKERS COMPENSATION AND OWIOYERE MARL= THE PROPRETCE/ R MCL PMRF7ISflECURYE OED ARE IXCL TSF115578 E. EACH ACCIDENT $ Show EL DLSFASE - POLICY LIMIT 1 5N1,RRR EL DISEASE - EA EMPLOYEE L Swoon OMEI DESORPTION OF OPEIMTONSROCATi1ONSNE HJCLESBPECIAL ITEMS General Liability and Auto Liability policies Include an addblonal Insured endorsement In favor of: The City of Round Rock . 6 #? te r, . '? - The Clly of Round Rock Attn: Kathy Green 909 E. Main Round Rock TX 7866 CAP!, A,i ,, n ,- Ap : imc c: e SHOULD ANY OF THE ABOVE DE9CRE® POLICES; BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IBSIIN0 COMPANY NIL — YAK 30 DAYS WRRTEI NOTICE TO THE CERTIRCATE HOLD= IUIED TO THE LEFT, ,Ni AUTHORIZED REPRE.SENTA . i %:/ > .,W a:� ' . t',•;. "r'a';vG,q.M. [; '�' - ,b` [ aq?1 . r- ty� xuv v ,,, �.. ",y, ' $�q, c ,6' > ., i �� `".nb '•S p '.,.. °'� f � l.: a .. . -1L miiial PRODUCER FRANK 8IDDONB INS. AGENCY INC. 701 BRAZ09 ST8.900(AUSTIN C4N) P 0 8O8 2125 Austin, TX 78768 (512) 320 -5811 INSURED CO lam A 0.8.G. INC. Attn: Leonard Ekberg 825 8 Ed Bluestein Blvd. Austin, TX 78721 • COVERAGES -- - THI8 IS TO CERTIFY THAT TMB POLICIES OF INSURANCE LI8TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TH8 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OP SUCH POLICIES. LIMIT8 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C E R T I F I C A T B O P I N S U R A N C E TYPE OP INSURANCE GENERAL LIABILITY V [X] COMMERCIAL GENERAL LIABILITY [ ] CLAIMS MADE [X] OCCUR. ( ] OWNER'S 6 CONTRACTOR'S PROT. (] I I AUTOMOBILE LIABILITY [8] ANY AUTO A II ] ALL OWNED AUTOS I[ ] SCHEDULED AUTOS 1[X] HIRED AUTOS ' IX] NON -OWNED AUTOS [ ] GARAGE LIABILITY I [ ] I A I EXCESS LIABILITY I I[X]Umbrella Form ]Other Than Umbrella Form B 1 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY BUA 123368871 Al29617096 TOP 115578 -01 ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS IRO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT A8END, !EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E I POLICY I POLICY I POLICY NUMBER 'EFFECTIVE 'EXPIRATION' LIMITS GENERAL AGGREGATE $ 2,000,000 Al23366868 09/21/94 09/21/95 PRODUCTS- COMP /OP8 AGGREGATE $ 1 000 000 PERSONAL 6 ADVERTISING INJURY $ 1 000,000 EACH OCCURRENCE $ 1 000 000 FIR6 DAMAGE (Any one fire) $ 50,000 MEDICAL BXPENSE(A0y one person) $ 5,000 • 1 09/21/94 09/21/95 09/21/94 1 09/21/95 EACH OCCURENCE $ 1 000 000 [ AGGREGATE $ 1 000,000 09/29/94 1 09/29/95 ] STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE I + I OTHER I I I I DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPACIAL ITEMS 8T. WILLIAMS STREET REHABILITATION /STREET DRAINAGE IMPROVEMENTS Ir CERTIFICATE HOLDER CITY OF ROUND ROCK 221 EAST MA114 STREET ROUND ROCK, TEXAS 78664 CANCELLATION SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAXION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 0 • DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTIC8 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE MPANY, IT8 AGENTS OF REPRESENTATIVES. AUTHORIZED REPRESENTATIVE COMPANIES AFFORDING COVERAGE TEXAS WORKERS' COMPENSATION FUND COMBINED SINGLE LIMIT BODILY INJURY (Per accident) PROPERTY DAMAGE CNA INS. /CONTINENTAL CASUALTY COMPANY • BODILY INJURY (Per person) $ +$ I ISSUE DATE (88 /012/YY) I I I 05/31/95 $ $ 1 000,000 $ 500,000 $ 500,000 $ 500,000 To: City of Round Rock 221 East Main Street Round Rock, Texas 78664 TYPE OF INS. Workmen's Compensation Comprehensive General Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Contractors 16382 /950550 /posibid.mst/spec • CERTIFICATE OF INSURANCE Date: Description of Work THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. POLICY EFFECTIVE NO. DATE PBD -7 EXPIRATION DATE LIMITS OF LIABILITY Statutory, State of Texas, $ Employer's Liability Bodily Injury $ /person $ /person Property Damage $ /accident $ aggregate Bodily Injury $ /person $ /accident Property Damage $ /accident $ aggregate Certificate of Insurance (continued) Comprehensive Bodily Injury Automobile $ /person Liability $ /accident Owned Vehicles Property Damage Hired Vehicles Non -owned Vehicles Includes Contractual Liability Contractual Liability $ /accident The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than thirty (30) days after the insured has received written notice of such change or cancellation. The Certificate of Insurance neither affirmatively or negatively amends extends, or alters the coverage afforded by policy or policies indicated by this certificate. 16382/950550 /postbid. mst/spec Name of Insurer By: Title: Address: PBD -8 MAY -31 - 95 WED 12:08 PM • MAINTENANCE BOND BOND NUMBER AMOUNT 183,707.77 KNOW ALL MEN BY THESE PRESENTS, That we, JKL, Inc. (hereinafter called the "Principal ") as Principal, and the united States Fidelity & Guaranty a Corporation duly organized under the laws of the State of Maryland and duly licensed to transact business in the State of Texas (hereinafter called the "Surety"), as Surety, are held and firmly bound " unto THE CITY OF ROUND ROCK TE (hereinafter called the Obligee "), in the sum of One H Eighty Three Thousand, dollars ($ 183,707.77 ) for the Seven F b payment t of which h sum ep um well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this f3 hundred and WHEREAS, the said Principal has heretofore entered into a City of Round Rock Dated _ 19, for constrnctionof st Street REhabilitation Street and Drainage Improvements WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of one year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perfonn the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of One year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas 1638: /9S05S0 /posibid.msJspec PBD -9 day of , A.D. nineteen contract with Williams P. 10 MAY -31 -95 WLD 12:08 PM JKL, Inc. Principal MAINTENANCE BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. 153821950550 PBD -10 United States Fidelity and Guaranty Company Surety By /I Gfi1001 P. 11 FS 3 (10-92) STATE OF MARYLAND) SS BALTThf0RE CITY ) On this 4th day of Feb Senior Vice Pesident of the UNITED STATES Secretary of said Company, with both of Lamendola and the said UNITED STATES FIDELITY each anew the seal of said cospodioa: that the seal affixed of said corporation. and that they aimed their names efe My Commission expires the llth lo UNITED STATES FIDELITY AND GUARANTY COMPANY (Signed) • POWER OF ATTORNEY NO. 108182 KNOW AIL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and exia ing under the laws of the Stan of Maryland and having its principal office at the City of Baltimore, in the State of Maryland does hereby constitute and appoint Robert C. Siddons, Steven B. Siddons, Bettye Ann Rogers, Robert C. Fricke, Linda Couey and Douglas J. Wealty of the City of Austin . Stale of Texas ha tree and lawful ASosney(s}in -Fact, each in their separate Capacity if moot than one is named above, lo sip its name as surety to, and to execute, seal) and acknowledge any and all bowls, undertakings, commas and other written iostamems in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity apron= guaranteeing the perfomma oo of coouact•: and executing orgnammeeing bonds and undertakings required or permitted io any =moos orproceediags allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instntmeot to be sealed with its annotate seat duly attested by the ointment= of its Senior Vice President and Assistant Secrerory. this 4th day of February . AD. 19 94• UNITED STATES FIDELITY AND GUARANTY COMPANY 977561 USFpG° ▪ emus Robe - J. Lamendola and Paul Ant me secondly duty —� that they.tha said Robert J. Senior Vice President and the Assistant Secretary of eh executed the foregoing Power of Atromry: that they seal, that it was so affixed by order of the Boxed of Ditectom and Assietam Secretary. respectively, of the Company. .19 NOTARY PUBLIC This Power of Attorney is granted under eni dry of the following Resolutions adopted by the Bond of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24. 1992: undertakings, and other instruments RESOLVED. that m connection with the fidelity and surety insurance business of the Company, all bonds. • gt. dating to said business maybe signed, executed. and acknowledged by person or entities appoialed as Attorney(s)-in-Fact pursuant to a Power of ACottey issued in aowtdaoce with these resolution Said Power(s) of Atmmey for and on behalf of the Company may and shall be executed is the name and on behalf of the Company, either by the Chairman. or the President, or an Executive Vice President. or a Senior Vices President, or a Vice President or ao Assistant Vice President, jointly with the Secretary or an Assistant Secretary, trader their respective designations. The sigoanae of such officers may be engraved. printed or lithographed. The signalize of each of the foregoing officen and the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating tbaeto appointing Aioomey(s)-in -Fur for purposes od* of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and udea subsequmty revoked and subject to any limitaboos set forth therein. any such Power of Amery or certificate bndog such facsimile signature or facsimile reed shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sea shall be valid and bin&og upon the Company with respect to any bond orundedaiing to which it is validly attached RESOLVED, that Aeomey(s}in -Fact shall have the power and authority, unless subsequently revoked and. in any ease, subject to the terms and limitations of the Power of Attorney issued to them, to =seems and deliver on behalf of the Company and to attack the seal of the Company to any and all bonds and uodedakiogs, and other writings obligatory in the nature thereof; and any such instrument executed by such Atmtney(s)-in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. L Paul D. Sims , au ASSisam Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the (ongoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 20. 1992 and that this Resolution is in full force and effect. Pbwes of L the uadesamed Assistant y of the UNITED STATES FIDELITY AND GUARANTY COMPANY do bereby certify that the foregoing Attorney is in full force and effect and hii Uth been k.vsked. In Testimony Wherm0 T have henomo sex my hand and the seal of STATES FIDELITY AND GUARANTY COMPANY on this day of ,19 . Asivtint Secretary BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this hundred and WHEREAS, the said Principal has heretofore entered into a contract with Dated , 19 , for construction of WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas 16382 /950550 /postbid. mstfspec MAINTENANCE BOND PBD -9 day of , A.D. nineteen MAINTENANCE BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Principal Surety By By 16382 /950550 /postbid.msc/spec PBD -10 4.0 GENERAL CONDITIONS 1 1 1 Contents 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2.01 - Owner - Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors 16382 /950550 /genwnd.msUspec General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments 16362 /950550 /gencond.msispec GC -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Continuing Performance 6.06 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contractors 9.03 Cutting and Patching Under Separate contracts 10. Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities 16382 /950550 /gencond.mst/spec GC -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Definition of Terms General Conditions of Agreement 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and are referred to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any of documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if . called for by all. In case of conflict between any of Contract documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor The term Sub - Subcontractor means one who has a direct or indirect contract with a sub- contractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 163821950550 /gencond.msNspec GC-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alteration," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 163821950550 /gencond.mstlspw GC -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to Contractor in such amounts; such recommendation of payment to Contractor constitutes a representation to the Owner of Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to Contractor shall not be deemed as a representation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. 16382 /950550 /gercond.mst/spec GC -6 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. Appeal to arbitration upon mutual agreement may be taken as if his decision had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. 16382 /950550 /gencand.ms ✓spec GC -7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test 16382 /950550 /gencand.mst/spec GC -8 excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and /or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully 16382 /950.550 /gencond.msdspec GC -9 and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and /or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall after receipt of written notice thereof from the Engineer, 16382/950550/genc d.msc/spec GC -10 forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or 16382J950550/genwnd. msdspa GC -11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modification thereof and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location of which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 16382 /950550 /gencond.msVspec GC -12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. 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 for construction, 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. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omission, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions 16382 /950550 /gencmM.mst/spec GC -13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment 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 (100 %) percent 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 $25,000.00 or less no payment or performance bond shall be required. 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 and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds or letters of credit in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all Toss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 16362 /950550 /gencond.ms /spec GC -14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless form any loss on account 16382 /950550 /gencond.msUspec GC -15 thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: 1. Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employees and any Sub - Subcontractor's employees or to injury to or destruction of tangible property 163821950550 /genco d.msi/spec GC -16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16382 /950550 /gencvM.mWspec including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - Subcontractor including the loss of use resulting therefrom; and, 2. Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: 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 project - 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 governmental entity. GC -17 16382 /950.550 /gencond , mstlspec Persons providing services on the proiect ( "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. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. (c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: Ass States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY. The Contractor must provide a certificate of coverage to the governmental entity 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 governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of GC -18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16382/950550/genwnd. msr/spec 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 governmental entity 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 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 project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of 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 the 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 GC -19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16382 /950550 /gencond.msispec (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 governmental entity 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 certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity 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 governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each GC -20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 occurrence. Contractor shall require subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than Workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean - up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any 163821950550 /genwnd.msispec GC -21 defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates Contractors are required to pay the prevailing wage rates to laborers, workmen and mechanics employed on behalf of the city engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to contractors and subcontractors. The contractor and subcontractors shall keep and make available records of workers and their wages. Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor Statistics, Southwestern Division and the Texas Employment Commission for the Austin Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the U. S. Department of Labor, Employment Standards Administration, Wage and Hour Division. There is penalty of $10.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the contractor or any subcontractor. 16382!950550 /gencond.nu ✓ spec GC -22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the 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 the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 16382 /950550 /gencond.msUspec GC -23 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and /or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five (5) percent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work ". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this 16382 /9505501gencond.msUspec GC -24 contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a Lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, and Owner may - upon written recommendation of the Engineer - pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of 16382/950550 /gencond.msdspec GC -25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. 16382 /950550 /gencond.msdspec GC -26 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 g ) When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and final 'payments,' until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or fmal statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, The Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an increase in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. 16382l950550Igenwnd.msdspec Other causes affecting the performance of the contract. GC -27 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any•request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or Owner may also specify in 16382 /950550 /genco d.msdspec Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or GC -28 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of 163821950550 /gencond.ms GC -29 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 6.06 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after 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 the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 16382!950550 /gencnnd.msUspec GC -30 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and /or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and /or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared 16382 /950550 /gencand.mst/spec GC -31 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 and delivered to the Contractor and his Surety, whereupon the Contractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract; or when the Contractor and /or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and /or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and /or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the 16382 /950550 /gencund.mstlspec GC -32 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution . unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 16382 /950550 /gencond.mst/spec GC -33 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. 16362 /950550 /gencond.msdspec GC -34 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 16382 /950550 /gwwnd.msdspec GC -35 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 16382!950550 /gencond.ms /spec (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. GC -36 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 163821950550 /gencond.msdspec 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty-four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explosives. If Blasting is covered under the Contractors General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of GC -37 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 blast and initials of the Inspector. 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, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. 163821950550lgencond.msUspec GC -38 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.0 SPECIAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01- INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number days of herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 16382 /950550 /specond.mst/spec SC - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 -07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor 16382 /950550 /specond.mst/spec SC - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 16382 /950550 /specond.mst /spec SC -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 02 -07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -09 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 16382 /950550 /specond.mst /spec SC -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services,poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- 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 (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. SECTION 04- MAINTENANCE BOND Per City of Round Rock Ordinances, a two (2) year Maintenance Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the 16382 /950550 /specond.msdspec SC - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. A one (1) year Maintenance Bond in the amount of one hundred (100 %) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. SECTION 5 INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by 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 endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. 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, nonowned 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. 16382 /950550 /specond.mst /spec SC -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 offsite 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 Excess 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 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 and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. 16382 /950550 /specond.mst /spec SC - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Builders 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 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 canceled nor permit any insurance to lapse during 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 years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 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 adjustments 16382 /950550 /specond.mst/spec SC -8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 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 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 Contractor. 16382 /950550 /specond.mst /spec SC - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6.0 TECHNICAL SPECIFICATIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK 16362 /950550 /techspec.utl /spec.aw The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the construction of St. Williams Street Rehabilitation - Street and Drainage Improvements complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. STREET. WATER. SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. TS -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.01.2 BACKWORK 2.02 GRADING ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK 3.02 NOTIFICATION 16382 /950550 /techspec.ud /spec.aw The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. TS -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.03 CONSTRUCTION STAKING 16382 /950550 /techspec.ull/spec.aw The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES. MARKS. ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc , shall be replaced by the Contractor at the Contractor's sole expense. ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES. PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. TS -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.05 DISPOSAL OF SURPLUS MATERIAL 16382 /950550 /techspec.u[Vspec.aw The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. TS -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.02 MATERIALS AND WORKMANSHIP 16382 /950550 /techspec.utl /spec.aw No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A. FOR FLAMMABLE SUBSTANCES 1. SCOPE SPECIFICATIONS FOR PIPELINES WITH MAXIMUM CASING DIAMETER OF 48 INCHES AND ENCASED GAS TRANSMISSION LINES CROSSING UNDER RAILROAD TRACKS Pipelines included under these specifications are those installed to carry oil, gas, gasoline, or other flammable or highly volatile substances. 2. INSTALLATION Pipelines under railroad track and right-of-way shall be encased in a larger pipe or conduit installed as indicated in Fig. 1. ROADBED " • 07.0 IN. 070 3 FT. 0114. J FT. YIN. 015110 PIPE /� a5 rT, IYIN.1 SEE NOTE I 4 SCR EN IKTIF ON RAILROAD RIONT -OF -RAY SEAL NOTE: I. CASING 70 EY7END BEYOND THE CENTER LINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT. OR 45 FT., AND BEYOND UNIT OF RAILROAD RIGH7- of -001 IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACY. Adopted November 1949 NARRER SCE 107E 2 UNION PACIFIC RAILROAD COMPANY COMMON STANDARD SPECIFICATION C.S. 1029 VENT PIPE AT LON ENO OF CASING TO 9E CONNECTED TO 510E 0R 907000 OF CASINO PIPE. FIGURE 1 SAS FT. IN10.1 SEE NOTE MARKER SEE NOTE 2 . ...SCREEN SUBORAOE • AT. *IN, GRO0N0 SURFACE EAL VENT PIPE AT NIGH ENO OF CASING TO BE CONNECTED TO SIDE OR TOP OF CASING PIPE. 2. AYRKER TO INDICATE LOCATION OF PIPE LINE AI RIONT -OF -act LINE. IN *00171004 MARKERS SHALL BE INSTALLED at 01011.0 500 -FT. !v7ERVALS ALONG PIPE LINE ENCROACHUENTS ATV AT LOCAT1005 OF MAJOR GRANGE OF DIRECTION. J. ALL HORIZONTAL DISTANCES TO BE YEA5IFED AT RIGHT ANGLES FRO* CENTER LINE OF TRACK. The casing pipe or conduit is the essential feature of the plan. Some of the other features as described in following paragraphs are optional in certain cases. Page t of 7 Revised July 1990 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. CARRIER PIPE Carrier pipe inside of casing under railroad track and right-of-way shall be of good construction of steel, wrought iron, cast iron, pure or alloyed iron; and than be either seamless or substantially welded pipe, with welded coupling, or other 'approved' joints. Pipe shall be laid with slack (no tension or compression) in the line. Use of a carrier pipe of material other than the above - mentioned iron or steel must be approved by the Chief Engineer of the Railroad. 4. CASING PIPE Casing pipe and joints shall be uniformly thick steel construction approved by the Railroad's Chief Engineer and shall be capable in its entirety of withstanding load of railroad roadbed, track and traffic; also shall be constructed so as to prevent leakage of any matter from the casing or conduit throughout its length under track and Railroad right-of-way. The casing shall be installed with even bearing throughout its length, and to prevent formation of standing liquids shall slope to one end. Wall thickness of the casing must be no less than that specified in the attached steel casing pipe wall thickness chart. Inside diameter of the casing shall be at least 10 % larger than the outside diameter of the carrier pipe but no less than 2 inches greater than largest outside diameter of carrier pipe, joints or couplings. 5. CATHODIC PROTECTION Where cathodic protection is used on the carrier pipe, an above ground test box constructed specifically for this purpose will be provided adjacent to casing vent pipe with test wires attached to casing wall and carrier pipe, as shown in Fig. 1. 6. SEALS AND VENTS Where ends of casing are below ground, they shall be suitably sealed to outside of carrier pipe against intrusion of foreign material which might prevent ready removal of the carrier pipe. Also, the casing must be properly vented above ground with vent pipes having inside diameter equal to 10% of nominal size of the carrier pipe but no less than 2 inches and extending not less than 4 feet above ground surface. Vent pipe at low end of casing shall be connected with bottom of casing and vent at high end shall be connected with top of casing. Top of vent shall be fitted with down- turned-elbow properly screened. 7. DEPTH OF CASING The depth from base of railroad rail to top of casing at its closest point shall not be less than 4.5 feet and on other portions of Railroad right -of -way where casing is not directly beneath any track the depth from surface of right-of-way, and from bottom of ditches to top of casing, shall not be less than 3 feet. Where it is not possible to secure the above depths, special construction shall be used as approved by the Railroad's Chief Engineer. 8. LENGTH OF CASING Casing shall extend at least 45 feet or 2(D) +20 feet, (where 'D' equals depth of the bottom of the casing below Railroad subgrade), whichever is greater, each side from (measured at right angles to) centerline of outside track. The casing is to extend beyond the limit of the Railroad right-of-way as required to obtain the specified length. If additional tracks are constructed in the future, the casing shall be correspondingly extended at the utility's expense. When a carrier pipe other than iron or steel is allowed, then the pipe must be encased in steel for its entire length on Railroad right-of-way or that length Adopted November 1949 Page 2 of 7 Revised July 1990 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 determined above, whichever is greater. 9. JACKING PITS Jacking pits shall be a minimum of 30 feet from the centerline of track. 10. SLUT -OFF VALVES Where warranted by special local conditions as determined by the Railroad Company, accessible emergency shutoff valves shall be installed within effective distances at each side of the crossing. 11. LOCATION Pipelines shall, where practicable, be located to cross tracks at approximately right angles thereto and said crossing shall not be closer than 50 feet to any portion of any Railroad bridge, building, or other important structure, nor to any switch unless specifically approved by the Chief Engineer. Pipelines, casing pipe and vent pipes shall be at least 16 feet (vertically) from aerial electric wired and shall be suitably insulated from underground conduits carrying electric wires on Railroad right -of -way. 12. TOPOGRAPHY Pipelines carrying extremely high pressure, volatile or highly flammable material shall, where practicable, be located where the grotmd surface slopes downward away from the railroad tracks. Also, when large capacity pipes are located where the ground surface ascends above the railroad roadbed, there must be sufficient adjacent opening under the tracks to carry off the material in event of rupture. 13. RESTORATION OF RIGHT -OF -WAY Upon completion of the pipeline installation work, all rubbish, excess materials, temporary structures and equipment are to be removed and the Railroad's right-of-way cleaned and restored to the satisfaction of the Railroad's Chief Engineer or his authorized representative. Disturbed areas shall be seeded or otherwise protected to control erosion as specified by the Chief Engineer of the Railroad. 14. APPROVAL OF PLANS Plans for a proposed pipeline shall be submitted to and meet the approval of the Chief Engineer of the Railroad or his authorized representative before work is begun and all work on Railroad right-of- way, including the supporting of the track or roadbed, shall be subject to his inspection and direction. All costs incurred shall be borne by the utility. Adopted November 1949 Page 3 of 7 Revised July 1990 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B. FOR NONFLAMMABLE SUBSTANCES 1. SCOPE Pipelines included under these specifications are those installed to carry steam, water or any nonflammable substance which from its nature or pressure might cause damage if escaping on or in the vicinity of Railroad property. 2. INSTALLATION Pipelines under railroad track and right-of-way shall be encased in a larger pipe or conduit installed as indicated in Fig. 2. NO SEAL-SEE NUEI, SELL -SEE NO1E2_ 3. CARRIER PIPE 4. CASING PIPE 05010. "51105;10711'2.' 500 0.0E A ,..-SUBGRADE ROADBED • FT. E IN. SIN ` CARRIER PIPE lull. DIA. 36'1 _ 1 0 • IS FT,--.1 5 FT. FIGURE 2 CASING PIPE � er. SEAL NOTE NOTE: 1. SEAL NOT PEOU:RED IF CASING 0005 ABOVE 3. ALL NORISONTAL 0 !STANCES •0 BE 01•5URE0 GROUND 51181 0RAINAGE IS AvAILABLE. •T RIONT ARGLES 0000 CENTER LINT 5 a 2. CASING 00 EATEND .41 LEAST 30 FT. FRO: CENTERLINE OF TRACK. RNERE RAILROAD TIMETABLE SPEEDS ARE GREATER TNU. 25 .0.5. 20 - 20 FT. IF GREATER GILL ARPL'. Carrier pipe inside the casing under the railroad track and right-of-way shall be of good construction approved by the Chief Engineer of the Railroad. Casing pipe and joints may be of any conduit construction approved by the Railroad's Chief Engineer and shall be capable of withstanding the load of railroad roadbed, track and traffic; also shall be constructed so as to prevent leakage of any matter from the casing or conduit throughout its length under track and Railroad right-of-way. The casing shall be installed so as to prevent the formation of a waterway under the Railroad. Adopted November 1949 Page 4 of 7 Revised July 1990 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Casing shall be installed with even bearing throughout its length and shall slope to one end. Wall thickness of the casing must be no less than that specified in the attached steel casing pipe wall thickness chart. The inside diameter of the casing shall be no less than 2 inches greater than largest outside diameter of carrier pipe, joints or couplings. 5. CATHODIC PROTECTION 6. SEALS Where cathodic protection is used on the carrier pipe, a flush test box constructed specifically for this purpose will be provided with test wires attached to casing wall and carrier pipe, as shown in Fig. 2. The ends of the casing shall be suitably sealed to outside of carrier pipe against the intrusion of foreign material which might prevent ready removal of the carrier pipe. 7. DEPTH OF CASING The top of the casing pipe shall be below the frost line, and its closest point shall not be less than 4.5 feet below base of railroad rail. On other portions of the Railroad right-of-way where casing is not directly beneath any track the depth from the surface of the ground and from bottom of ditches to top of casing, shall not be less than 3 feet. Where it is not possible to secure the above depths, special construction shall be used as approved by the Railroad's Chief Engineer. 8. LENGTH OF CASING Casing shall extend at least 30 feet or 2(D)+20 feet, (where eD' equals depth of the bottom of the casing below Railroad subgrade), whichever is greater, each side from (measured at right angles to) centerline of outside track. The casing is to extend beyond the limit of the Railroad right-of-way as required to obtain the specified length. If additional tracks are constructed in the future, the casing shall be correspondingly extended at the utility's expense. 9. JACKING PITS Jacking pits shall be a minimum of 30 feet from the centerline of track. 10. SHUT -OFF VALVES Where warranted by special local conditions and when mutually agreed to by the Railroad Company and the owner of the pipeline, accessible emergency shutoff valves shall be installed within effective distances at each side of the crossing. 11. LOCATION Pipelines shall, where practicable, be located to cross tracks at approximately right angles thereto and said crossing shall not be closer than 50 feet to any portion of any Railroad bridge, building, or other important structure. Pipelines and casing pipe shall be at least 16 feet (vertically) from aerial electric wired and shall be suitably insulated from underground conduits carrying electric wires on Railroad right-of-way. Adopted November 1949 Page 5 of 7 Revised July 1990 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12. TOPOGRAPHY Where practicable, pipelines shall be located where the ground surface slopes downward away from the railroad tracks. Also, when large capacity pipes are located where the ground surface ascends above the railroad roadbed, there must be sufficient adjacent opening under the tracks to carry off the material in event of rupture. 13. RESTORATION OF RIGHT -OF -WAY Upon completion of the pipeline installation work, all rubbish, excess materials, temporary structures and equipment are to be removed and the Railroad's right-of-way cleaned and restored to the satisfaction of the Railroad's Chief Engineer or his authorized representative. Disturbed areas shall be seeded or otherwise protected to control erosion as specified by the Chief Engineer of the Railroad. 14. APPROVAL OF PLANS Plans for a proposed pipeline shall be submitted to and meet the approval of the Chief Engineer of the Railroad or his authorized representative before work is begun and all work on Railroad right-of- way, including the supporting of the track or roadbed, shall be subject to his inspection and direction. All costs incurred shall be borne by the utility. Adopted November 1949 Page 6 of 7 Revised July 1990 MINIMUM THICKNESS DIAMETER OF CASING PIPE 1/4' (0.2500') 12' or less 5/16' (0.3125') over 12' - 18' 3 /8' (0.3750') over 18• - 22' 7/16' (0.4375') over 22' - 28' 1/2' (0.5000•) over 28' - 34' 9/16' (0.5625') over 34' -42' 5/8' (0.6250') over 42' - 48" 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STEEL CASING PIPE WALL THICKNESS CHART THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. CASING PIPES LARGER THAN 48' DIAMETER OR WITH ANY PORTION DEEPER THAN 20' SHALL BE SUBMITTED TO CHIEF ENGINEER OF THE RAILROAD FOR APPROVAL. OFFICE OF CHIEF ENGINEER UNION PACIFIC RAILROAD COMPANY OMAHA, NEBRASKA Adopted November 1949 JULY 1990 Page 7 of 7 Revised July 1990