The URL can be used to link to this page

R-95-10-24-11J - 10/24/1995WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Joint City /Round Rock Independent School District vehicle wash and fuel facility, and WHEREAS, O0 has submitted the best bid, and WHEREAS, the City Council wishes to accept the bid of UCLA Co ATTEST: K: \RESOLOTI \RS51024J.WPO /s1s -RESOLUTION NO. R- 95- 10- 24 -11J E LAND, City Secretary 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 l9 C l for the construction of the Joint City /Round School District vehicle wash and fuel facility, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of October, 1995. CHARLES CUIIPE,PjPER, Mayor Rock, Texas City of Round Rock Independent BAKER - AICKLEN E. ASSOCIATES, INC. Consulting Engineers October 18, 1995 Mr. James R. Nuse, P.E. Director of Public Works City of Round Rock 221 East Main St. Round Rock, Texas 78661 RE: Luther Peterson Subdivision III Water, Wastewater, Street and Drainage Improvements, RRI.S.D. Vehicle Maintenance Facility, and Joint Use Fuel and Wash Facilities Engineer's Letter of Recommendation Dear Mr. Nuse: As you are aware, bids were opened at 2:00 P.M., Tuesday, October 5, 1995, for the above referenced projects. A total of two (2) bids were received, with the lowest bid being from Chasco Contracting of Round Rock, TX. in the amount of $ 2,898,381.85. A complete bid tabulation is enclosed for your review. I have also enclosed a copy of a letter I recieved from the Nitsche Ferguson Insurance Company, indicating that Chasco Contracting has, at present, ten to eleven million dollars of available bonding capacity. Chasco Contracting has completed many street and highway projects and large commercial projects in the area for the City of Round Rock, Williamson County, the Texas Department of Transportation, and in the private sector. Several items were bid as additive alternates to the base bid and representatives of the R.R.I.S.D. and your staff have recommended the inclusion of the additive alternates indicated on the attached bid breakdown sheet. With the addition of the alternates the total contract bid price would be $ 2,941,914.85. The City of Round Rock's share of this cost would be $ 861,673.92 and the R.R.I.S.D. would contract for the remaining $ 2,080,240.93. 116 E. Main St., Suite 206 • Round Rook, Texas 76664 • 512/244 -9620 • FAX 512/244 -9623 Mr. James Nuse October 18, 1995 Page 2 Based upon their past experience record and submission of the lowest and best bid, we recommend award of this contract to Chasco Contracting of Round Rock, TX. in the amount of $ 2,941,914.85. If have any questions or comments, please feel free to call at your convenience. Sincerely, i A. William Waeltz, P.E. AW W/kls enclosure cc: Temple Aday, Chasco Contracting Larry Madsen, City of Round Rock LUTHER PETERSON SUBDIVISION - BID BREAKDOWN SHEET TOTAL BID C.O.RR. RRLS.D. ITEM AMOUNT SHARE SHARE 1.) Street and Drainage Improvement $ 482,205.35 $ 241,102.67 $ 241,102.68 2.) Water and Wastewater Improv. $ 445,969.50 $ 222,984.75 $ 222,984.75 3.) R.R.I.S.D. Vehicle Maintenance Facility $ 1,201,567.00 $ 1,201,567.00 4.) Fuel and Wash Facility $ 768,640.00 $ 384,320.00 $ 384,320.00 TOTAL BASE AMOUNTS $ 2,898,381.85 $ 848,407.42 $ 2,049,974.43 Add. Act #1 to R.R.I.S.D. Vehicle Maintenance Facility add one Trolley Crane $ 5,000.00 $ 5,000.00 Add. Act #2 to R.R.I.S.D. Vehicle Maintenace Vacility add miscellaneous equipment allowance $ 12,000.00 $ 12,000.00 Add. Alt. #1 to Fuel and Wash Facility subst. concrete pavement for asphalt pavement between Fuel and Wash Facility $ 22,533.00 $ 11,266.50 $ 11,266.50 Add. Alt #2 to Fuel and Wash Facility provide 2 year equip warranty in lieu of a one year warranty $ 4,000.00 $ 2,000.00 $ 2,000.00 TOTAL RECOMMENDED CONTRACT AMOUNTS $ 2,941,914.85 $ 861,673.92 $ 2,080,240.93 Project: Luther Peterson Subdivision Description: Water, Wastewater, Street & Drainage Improvements, Vehicle Maintenance Facility & Joint Use Fuel & Wash Facility Owners: City of Round Rock, Texas and Round Rock I.S.D. Job Number: 601 - 525 -30 Bid Date: October 5, 1995 @ 2:00 PM Project Location: Round Rock, Texas Baker-Aicklen & Associates, Inc. I; / . "� Consulting Engineers Project: Luther Peterson Subdivision Description: Water, Wastewater, Street & Drainage Improvements, Vehicle Maintenance Facility & Joint Use Fuel & Wash Facility Owners: City of Round Rock, Texas and Round Rock I.S.D. Job Number: 601 - 525 -30 Bid Date: October 5, 1995 @ 2:00 PM Project Location: Round Rock, Texas it3ase B . red %,„,,. ra nage 1; Clearing'and,Grubbing". , 2 Street'Excavation;'All Depth's,,: 3; Flexible Basel, =i : isi:' Is "; 4: Hat MIxaAsphaltic.Concrete Pavement; 2= 1'nbh, Type D':'' 5. 5•;ineti Concrete 'Pavement 8; ConcretetCurb and•Gutter,? 7:'Concrete Driveway '; 8.'Marthole; 5 ft'Dla: 92 Manhote,'4$t Dia. 10 ;:Inlet; Area ! +:'s; ;, f• ;, 1'1;!',Inlet Standard,,.10 -ff 12. Inlet,'Standard,;15 -ft: 13.,Trench Safety Systems '' (Alt:Depth's }, dt,i 14; Pipe, 18dnch.Dta.'RCP,'Ctl „9 A11'Depths,;includtng' Excavation ,„ Arid Backflll 15 Pipe,'18 -inch Dia. "RCI? ;.CI IV, "r •GAIT Qepths;;incl'uding,Excavation ^'and.Backfitl�j °�' ;'xr 16;'Pipe;'24;InahDirr° RCP, :i;; All llepths; including'Excavatior i,and Backfill,i',; +:: "r '17; Pipe, 24 inch D1 ,.RCP; C1;IV, All';Depths, including Excavation,,,;', 18. "Pipe, 30-inch 0Ia7•RCR,,CI.111 A11' Depths,:, including Excavatidn`L F and Backfiil •','r:... ;,,:::;:: ".' ` .... . 19. Pipe, 30 -inch Dial RCP,,Cl,1V, :' •;..All Depths, including'Ekcavation` Quantity Unit 9,000.004 " . ^•$5,75;' $2$b0!'c ' $ $2,500.00 $1,,700.00 $1,400.00 '$0.50 :r 1 L,S, 14,100 S.Y. 5,000 C,Y, 10,500 S.Y. 160 S.Y. 3,520 L.F. 7,700 S.F. 1 Ea. 2 Ea, 2 Ea. $ Ea. 1 Ea. 1,610 L.F. 130 L.F. 32 L.F. 530 L,F. 52 L.F. 350 L.F. 150 L,F. Dollar amounts In bold Italics are CORRECTED VALUES. Chasco Contracting Round Rock, Texas Unit Price Page 1 of 8 ' 5.00 `: $2,080.00 0,00't 5,00 Cost 59,000.00 $81,075.00 $83,250.00 542,000.00 $3,680.00 $21,120 "00 516,940.00 ,'j 52,500.00 53,400.00 $2,200.00 $6,600.00 51,400.00 ; $805.00 $9,750.00 529,150.00 53,120.00 521,700.00 $9,750,00 Brath Incorporated Round Rock, Texas Unit Price • ; $28,700.00,a 56.00 :r 514.204 $4.40; $22.191 x,$6.38 t 52.51 $2,384.00 '• 52,043.00 $1,589:00: $2,497.00'; 53,520.00 $1.14 Cost 528,700.00 $84,600.00 $71,000,00 $46,200.00 $3,550.40 $22,387,20 519,327.00 $2,384.00 54,086.00 $3,178.00 $14,982.00 $3,520,00 $1,835.40 • 556.75 ; $7,377.50 $58.00 51,856.00 $70.401 $37,312.00 $73.80 $3,837.60 $80,60 $28,210.00 584.00. $12,600.00 Chasco Contracting Brath Incorporated Round Rock, Texas Round Rock, Texas Quantity Unit Price Cost Unit Price Cost �,, ::, 2i]:`P#pe�`38= #ocli`Ciia.'i2CP; tl'1II '"'I"' 6 L.F. e °'. $6g':00`,� $414.OD 9'�'. :: ;,,;' $93.00': 5558.00 All Depths;;inchidIng Excavation i' it ;'� ?'• '; „ S and.B'ackfiil' !r i; s' , ,s,'i'sa € :;,° ;;•; ;; a. ;gi i7:. .;a f 21 '1' Pipe; 42- inch'Dia1 RCP CI`JII,', '!' 360 L.F. $32, 400.00 $108.00 338,88000 ''''' Y Depths ;' including F-xcaa�'on ; , t ' „and ':Backfill.: ' '.. "'x, :. ":: '�;': ; 22; Concrete'Bo t Culvert, 5,ft ;x•4 t:'` 4 L.F. :, r4 i, ';;$800.00 E $3,200.00 3285.00 4 51,140.00 23f Seeding for Erosion`Contiol r' ;° 17,000 S.Y. :$0 "50, $8,500 °00 a `t" :•:iy`',;. $2.301 $39,100.00 24: Rock " Berms`: :' A° ; % 80 L.F. $10 .50 , 3840.00 - $9.93 $794.40 25; Silt Fence "for Erosion`Controi . 1,600 1...F. 5: $1 "50''; $2,400.00 .. $1.19 $1,. 26:'T affic S n' =a;';'a' ?, `srs 'r: 2 Ea. "''$150.00 , $ 300.00 r;`; ';;$170°00 '', $340 00 f Ig, � ; #; ";� �° 277StteetNameSign `;,'.i,$;'(i 1 Ea. i;`rd 'r: ;$160.00., 3160.00;`; 3142.00" $142.00 28,,PVC Ducts 1 Ea:; 4•inch' i'r',`t, =t 340 L.F. ;;; ;;n; ;: ;, $8.00:, $2, 720.00 $13.60 $4,4. 29:,pavetriertt Marking Paint 3 '' r +x 345 LE $0.851' $120.75 ; $0.60 $20 00 ;(Reflectorized),'4- in'Broken i,'' ' "` ;, ;' is's.; %i;' White;Lane;Lines. „ 34i'Pavemern: Marking' Paint ";:;; ;, i9 4.000 L.F, k;; ^,g,;,;y� ?Y$0.35i $1. 400.00 °;' ;.':;' ° $1.00, $4,000.00 .; (Re(lectortzed); 4,, in Yellow : Center Line {Double) ; P ; :. ' 3 ;. Pavement arkin Paint,, ;r 22 L.F. "i ^ "sri, 3fl° 50.6D r M g °.;y s ' t° $2 $ $1.50 �; $33.00 .(Reflectorized) ;24-in:iWhite'• s YS „ ';; ^rs`' ;Stop Line. 1. ;; { ;' :' 2 efle; o zed' Pavement 3 . if" '! 18 Ea. i','F ' "' . R Ct ri ;{ � � '# : `$5.00 ; $90.00 ; $5.00 � $9D.00 ,, ;1!tinarkers;'Type 1:C„ ;i „ ;S' rE i ::i k, 33: Reflectoriieii' pave i yi 18 Ea. !', ±' "'? i::;; $5: $90.00 1'. $5.00 390 "00 ''I Markers; Type'IfA-A `s &''I "' ' 34. WaterQuality Pond, Compfete 1 LS. ti'` '( $80; 000' °OD;, $80,000.00 'u, 3150,000.00: 3150,000.00 lace; including Grading; ' ° ':'. I in ' aand'FI#I'' 'j:. ''` 18e; $484 : ..tea f 3638 ;845.504 .,Method 13; Ffbe'rMulch e>a.sa.:tse Dollar amounts In bold italics are CORRECTED VALUES. Page 2 of 8 35, Jaoking7or Boring 1 ;Fii3e 36. ConCreta 37;DELETED.1" 38. EricaSenia,rit 39:1Viarthola,'I4'.Dia': 40:DroP 41.1 Systeni , 2. C,116.966;i iticiudind Excavation atitt CL 290,',),\11 Deptlis BacktH 4.4. ,; 215 All DePths,lit'cludirigtxCeiVatiOn I and Backfill ; and Backflhl 46. Ppe 8 Ota: HM Depths, includinia.XCEiv,atian,,II and backfill 147, eir. Dia.PVC, SDR.35.i 350 ilettiliDepthe,,,inclUding Excavation '1'1t1 46. 1 Quantity 90 100 50 9 6 10,562 5,000 150 4,162 1 Unit L.F. $11,700.00 i : . $125.00 L.F. $1,500.00 i :; i $14.00 L.F. 1. $800.00 I ;' : ::'; Ea. $14,400.00 .11 ; $1,703.00 Ea. $12,000.00 ., . I, $2,157.00 ' L.F. $10,562,00 1:,![ .::!, ' ; ' $1.15 , '', L.F. $115,000.00 ;, ' ''$25.00 1 : . ;;; .; ;"; • ;.. .:. $23,100.00 l 1 ;1 : '. $23.90•' L.P. Obi $3,547.50 i : 1, $18.20 L.F. $2,205,00 i;'; 1 . : ;:; L i ;;; $16.00 1,050 L.F. L.F. L.F. Ea. Ea. Dollar amounts In bold italics are CORRECTED VALUES. Page 3 of 8 Chasco Contracting Round Rock, Texas Unit Price ic .. 5,001 $187,290.00 4 $47.0 11 , $14,700.00 t $45.40 'I $2,200.00 $2,384.00 $2,000.00 t°, $2,157.00 1, Cost Grath Incorporated Round Rock, Texas Unit Price Cost $1,400.00 $850.00 $15,327.00 $12,942.00 $12,146.30 $125,000.00 $25,095.00 $3,913.00 $2,400.00 $198,527.40 $15,890.00 $2,384.00 $2,157.00 r5 Valves; Gate Iype 8 Dia:' 51.•Valves, Gate.Type, 1522; Valves, "Gate;Type, 53. Fire Hydrants :^ .: 54, Water Meter,' Compound(''; j :.; ete in: Place 55.' Seeding :for Erosion.Control .Method Br,Flber Mulah';':" €56. :Rock Beim r 57. Silt.Felice for Erosion`Confro iital� $s6:8k1; or &" ast • Quantity Unit 9 Ea. 18 Ea. 2 Ea. 13 Ea. 2 Ea. 7,800 S.Y. 190 L.F. 1,200 L.F. Dollar amounts In bold Italics are CORRECTED VALUES. Page 4 of 8 Chasco Contracting Round Rock, Texas Unit Price 7$530:00 ;: $420.00 $270.00, •, 1,600.00 3$1; 8'00.00 '` 50; $10.50'; $1150 Brath Incorporated Round Rock, Texas Cost Unit Price Cost ;,;$568.00 $5,112.00 :.$454.00; $8,172.00 $284.00 , $568.00 $1,703.00 $22,139.00 $1,930.00 $3,860.00 $3, 900.00 ",; $2.30 $17,940.00 $4,770.00 $7,560.00 $540.00 $20,800.00 $3,600.00 $1,995.00 $1,800.00 $445 969.50 $9.93 $1,886.70 $1.19 $1,428.00 ;;;,$490,387.401 .S.D,.. ehicte Quantity Unit a L.B. 3 Ea, 5 Ea. 1 Ea, 1,560 L.F. 45 L.F. 434 L.F, 438 LF. 318 L.F. 322 LF, intern Dollar amounts In bold Italics are CORRECTED VALUES. Page 5 of 8 Chasco Contracting Round Rock, Texas Unit Price Cost 201;587.00 Brath Incorporated Round Rock, Texas Unit Price Cost Bad Y ;`; a e entenance 58.'B1dg ., paving, fence; landscaping andail'related's ry 1 i ' on :Lot 6 except, Water,, ^',ir Wastewater,and storm Seidler',^ °. r ,'i�SystemS;ft. or•ntore'out $ 59 ;;;Intet;'Gr ateType, 60:• Inlet;"' Grate "ttpe; 36" s;; ^'`• '`: 61..;Jundiort Sox :4w`:; s,� 62;Trench,Safet ; AII!De' 63. Pipe,' 12 "-D,ia; PVC, Sch 40;11 ' "'' ,AU Dephs includ'ing ,Exc4vation,, 64; Pipe; 18 " -Dia 3 RCP;'CI;IIf,;'ar,, i l;';All•Deptti iiiciudtng Eiccavatlon .and 65, "Pipe; 24 "-D1e: RCP;., CI Itt rAll'De'plhs"; , inctudir>g,Excavatlan 86. Pipe, l$0 "-D'ia.'.RCP,;C1 I Ii; Alt Depths, including Ei a 67 Pipe,, 36 -Ole ROP CI IIf,'; t S? 3 'Alt;Depths, including PxcaVatlon ,} ` and.Backffll'I' , "'" o al Base B -fo 1 tams $1,100,000:00 $1,100,000.00 6 7). 1;700.00 1',300.00 6 2,000.00,', 17.00" 1 $5,100.00 $6,500.00 $2,000.00 $780.00;'` $765.00 $4 7:00 j $20,398.00 $55.00 $24,090.00 $6 2:00'g $19,716.00 t ";•,: oa'i 869,00'i $22,218.00 $1,343,600.00 81,343,600.00 $2,500.00 $2,157.00 $1,362.00, $1.15 $23.00 ; $52:20 $82.50' $74.00 $79.50''= $7,500.00 $10,785.00 $1,362.00 $1,794.00 $1,035.00 $22,654.80 $27,375.00 $23,532.00 $25,599.00 $1,465,236.80] ( Base, titnt t1se : k„ tilasfi fadit 48; Al work on'Lot7'exceptStorin : „, Sewer; Water'& Wasteyuater':` ?it; Systems. 5 ft, or more' outsideo ^ ^, the Puel';S,Wash Facilities: ,;,i •s Incltdes 'perimeter ;f'” gates, landscaping and'erosion/''r;' ', sedim ,i entation controts,,r, „ " °, 69. Intef;''GiatekType; 38 ".y 70:, Trench,Safety: (At1:Depths 71 •Pipe,; : 8 ; P1/C; Soh "40, !( ' !1` A DDepths inciuding a 'Backfl ,;, Quantity Unit LS. „ $750,1)00.00.• $750,000.00 ; ;.; ' $811,000.00 3 Ea. + +. $1;300!00 !' $3,900.00 390 L.F, �' {p "n'i,;.gl ":ya #'$0.58.% $195,00 110 L.F. s:'f °, ;';'a. x$1 1.50; $1,285.00 72:.Pipe,.18" Dta; RCP, CI 1{I'.;, 285 L.F. a " " "' " ;'s'$47.00'i $1Z455.00 �iAII Depths InciudingFcaJaticn ,I FSS•- +m d }•ir!.y!;a+ �.a, .;i,::';j ";:.,., �3r''' "' °s s :and.Backfl{Ils, •j,. `:: ,.;;,, ' tl'``P i;�;';`;1; ;� ? ;;!.. , ;i 7$. Pipe.;24 "''Oa:'RCP, "Ct•111 15 1.F, , i "' ";;^ ii ;; $55.00'# $825.00 Alt Qe hs «iincluding Excavation,'. nd H at se et & Wash F•,,,1 <' I - ms ,6: t � ?. � ; , k . ^ $768,6,40.000 Cf,AtEl ; lt.,43 6NIAGJrVROV,EMENTS T, GV ASTEWA,T1=E;AAPRQYEMENTS44,13 f:S;Pt EHICL IvIAINTENXtstC FACIOrrt Nti 101Nar;USE WAt- F ' , I 898,381 :85 Dollar amounts In bold Italics are CORRECTED VALUES. Page 6 of 8 Chasco Contracting Round Rock, Texas Unit Price Cost Brath Incorporated Round Rock, Texas Unit Price ,$2,157.00 $20.50 552.20 $62.00 Cost rmzzu 5811,000.00 58,471.00 $448.50 $2,255.00 $13,833.00 5930.00 ;.5834,937.50 $3,429,407.20] Dollar amounts In bold italics are CORRECTED VALUES. Page 7 of 8 l+ildai "ve,f+heinate'No:1 "" To Joint Use Fuel;& Wa ;;, Facility 4,;: „ €4;,i'; : t ° = ?S'' '=''' °i «:,.; Substitute,1;554`S ! of 546:I eiriforced Concrete Pavement w/'4”, base for 1,554 S,Y:, of'2 =in Hot Mix'Asphattic Concrete Pavemeht'w! 157';ba3eiri the area' tbe'Fuel;and'Wash Facildlesfor ari addnional'ii•' '';, ; =c 1,554 S.Y. Additive "Alternate; No. „, r ' ` .5To Joint Use;Fuel &Wash I Provide a,2- year'Equi,pment ;'r,.•C!i'lleu of i year)]!on .; +installeiton this prooect for anaddltionaiu; ; } °;;,,•,•••••••, „•; 1 L.S. Additive Afterrr Mo 3 To'Joint'Use FBel &'Was 'Provide,, additiona'(Landscape, tnigation, In la areas'where ,,; ated;or drawtngs,for, . 1 L.S. Chasco Contracting Round Rock, Texas Quantity Unit Unit Price Dollar amounts in bold italics are CORRECTED VALUES. Page 8 of 8 Cost 4.50.: $22,533A0 iv 9` ; $3.00 $4,662.00 ,000,00.° $4,000.00 „',; $4,500.00: $4,500.00 $6,000.00 Brath Incorporated Round Rock, Texas Unit Price Cost No Bid '•', No Bid NITSCHE FERGUSON October 10. 1995 Mr. Bill Waeltz Baker - Aicklen & Associates 116 E. Main. #206 Round Rock, TX 78664 RE: Joint Use Fuel & Wash Facility RRISD Vehicle Maintenance Facility Bid 10/05/95 Dear Mr. Waeltz: It is our pleasure to advise that Hartford Fire Insurance Company provides the bonding for Chasco Contracting and has provided individual bonds as high as ten million. At present, Chasco Contracting has ten to eleven million bond capacity available. Attached please find a power of attorney from Hartford Fire Insurance Company for your files. If you need any additional information please give me a call at 1- 800 - 258 -8302. Sincerely Nina Smith ns Attachment INSURANCE NETWORK OF TEXAS 443 EMIT AIt•T1N • GIOOIMGI, ?RYA* 79944 • (409) 242.31•1 • (200) 222.1302 • (429) 142-3220 (FAX) NF GWdInga NF U Grange IIFSmlhvIlb NFHou.ton NF NF Flntont2 11F Round Rock �Brxan 00011.74•411 000104.4441 (CM 14/41111 0.13.1=0 n am.a. (IMULM.1 n+n a14,>n Nan >,. aa. E00 NOSned33 GNU 3HDS1IN 27 :TT S6 /0T /0T HARTFORD FIRE INSURANCE COMPANY Hartford. Command POWER OF ATTORNEY Know all man by thee. Pneente, That N,o HARTFORD FIRE INSURANCE COMPANY. a corporation duly organized under the lava of the State of Connecticut, and having da pdnapal OMNI I0 1014 City of Hartford. County or Wartime, Stem of Connecticut, does hereby maim constitute and appoint RLIDIIYI JAMES NITSCHE, DAVID D. FEROSSCN, VIOLET 900607 end CAA SHIM of GI1 D0 , TO C40 ha true and lawful Adomay(44.to.Fa t. with full power and aulhnrdy to each of said Atdmay(s).1mFact, In their separate capacay It more than one Is named above, to sign. execute and acknowledge any and all bonds end undartaidngs and oiler whinge obligatory In as nature thereof on behalf of the Company in its business of guaranteeing the Iidelty W persons holding places of public or private trust; guaranteeing the performance of canVada Other then Msurance polklas; guaranteeing the performance of Inruan , rtxlbacts where surety bonds ere accepted by states and muradpeilde& and executing or guaranteeing bonds and undertakings required or permitted M all actions or pro000dnge or by IaW aflowad, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent u If such bonds and undertaking') and Otherwntirgs o1getay M the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and foaled and naeated by one other of such Officers, end Mushy ratifies and confirms all that lie said Atforney(e)- hrFact may do M pursuance hereof. TMs power of attorney fe granId by and under authority or gm Wowing previsions: (/) By •Lava adopted by the Smakhddors of the HARTFORD FIRE INSURANCE COMPANY eta meeting duty called and held on the gth day of March. 1971. ARTICLE N SECTION a TM Pneadm or any VkaRa1WnL Greg Md. ally escmiwyb AOII4 tummy. shall lune eetnpky# pdex.W H o . peaa ANWIN aw6g 111 end Ma e0Maneand .01400 sNO .0y a,.40 i80 aeon Radi01 Ic..44 ant Resident IWAIat Stamm or At 40 0 Aprbs Ba woke the po end M7 F tummy and t . m .rrow hxrrFb Pad. W rwW pew w mWnany gA.an b Nth. 9ECTWNn .AVarryrIn•FecteNtn have pw.nd Moan bewoe andlhyrmwdl the grew of bard berm aracue and adheres behalf of cur Camorry � aim/me sal of the 9rn%adyend PI acne and,amrngnge othrwdkg,0004100 re mare se mend, and Io10 al m 6r ant W AddM.w W yFala shall as Wan Woody Comely a It Waned byaF.nodh. Maw ovi Thla power of attorney le d ned and sealed by Iaglmlte under and by the authorityof the Meowing Reaon,uon adopted bybt ry o �s of the HARTFORD FIRE INSURANCE COMPANY at a maagng duly caged and held on the 12th day Of Sesame Mate* signatures et such atm and the tlldof 0e Company may Its Wend bay such sword sitomyornryun/kale MmHg C bomb �y, e M / u u N p a w l w n power of e f u t e d d e n d weird h' Wag Yg end Masts* sad sr ice vaseww Warm Wpndr0000 dyn a r ms mai Ma be seed and biedieg sOf. Meese, n,pR b any bend r anderWy nehM k Y mooed. M WMbpi$ Whereof, the HARTFORD FIRE INSURANCE. COMPANY hem caused mdse presents to be signed by Ito Moo and ice corporal seal to be hereto affixed. duly attested bytes Saaetery, Ihie 19th day of January. 1094. Attest moms R 04040.00 Gooney STATE OF CONNECTICUT l a COUNTY OF HARTFORD 1} STATE OF CONNECTICUT COUNTY OF HARTFORD w AMA aua44 (44) Pentad H USA £00 NOSf1983d GNU 3NDSLIN HARTFORD FIRE INSURANCE COMPANY 44.440.0 anew Nea-Praeran Onto 19th day of Janata A.D. 1890. baton me personalty came Robert N. H. 9ener, to me known, who being by me duly 'worn, did depose and say: that he resides M the County of Hertford, Stele of Connecticut; that he is the Vice- Prekldent of the HARTFORO FIRE INSURANCE COMPANY. the corporation described Mud milker executed the above Instrument; mat he knows to card of the sad corporation; that the seal affixed to said insfrumem K such mporate vat: that k was en affixed by order of the Board of Directors of said eofponedon end that he signed Ida name thereto by like enter. NOUN Adli0 LI/ GmNeden Deane Ned. 41,1000 CERTIFICATE 6 the undersigned, Assistant Secretary of tie HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation. DO HEREBY CERTIFY that Ike foregoing and attached POWER OF ATTORNEY roma rl in full force and hex nt been revoked; and funtienm that att kltl e Resoons of the 9oard of Directors. et the y of 9 . tie mwr M Inrm. Signed and sealed at she City of Hartford Dated the h of w 1S AWd4 1 A.� a4m aaaeuy 2t:TT S6/0T/OT DATE: October 20, 1995 SUBJECT: City Council Meeting, October 24, 1995 ITEM: 11J. Consider a resolution authorizing the Mayor to enter Into a contract forthe construction of the Joint City /Round Rock Independent School District vehicle wash and fuel facility. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Date: To: From: Re: MEMORANDUM October 20, 1995 James Nuse, P.E. ' Director of Public Works Larry Madsen Public Works Operations Manager Joint Use Fuel & Wash facilities with RRISD Water, Wastewater, Streets & Drainage Improvements Bids were opened for the above referenced project on Tuesday, October 5, 1995. Two bids were received one from Brath Inc. and the other Chasco Contracting. Chasco Contracting was the lowest bidder and after reviewing the bids I am recommending to award this contract to them. Chasco Contracting has completed many jobs of this type in our area. Baker - Aicklen & Associates design engineers are recommending this company for this project and I have attached their letter of recommendation and also the bid tabs they prepared from the bidders. The base bid and alternates we are recommending totals' $861,673.92 for the City's share of this project and these are within the budgeted amount we allowed. PROJECT MANUAL FOR LUTHER PETERSON SUBDIVISION STREET AND DRAINAGE IMPROVEMENTS WATER AND WASTEWATER IMPROVEMENTS RRISD VEHICLE MAINTENANCE FACILITY AND JOINT USE FUEL & WASH FACILITY CITY OF ROUND ROCK 221 E. Main Street Round Rock, Texas 78664 Baker - Aicklen & Associates, Inc. 9111 Jollyville Rd., Suite 107 Austin, Texas 78759 Volume 1 of 2 JOINT OWNERS September 10, 1995 Job No. 601- 525 -30 K- 45- 11)- 02 ROUND ROCK INDEPENDENT SCHOOL DISTRICT 1311 Round flock Avenue Round Rock, Texas 78681 Architecture Plus 1907 N. Lamar Blvd. Austin, Texas 78705 THE STATE OF TEXAS COUNTY OF WILLL4MSON PERFORMANCE BOND BOND // 200275 KNOW ALL MEN BY THESE PRESENTS: That CHASCO CONTRACTING of the City of AUSTIN , County of TRAVIS , and State of TEXAS , as Principal, andHARTFORD FIRE INSURANCE CIlhorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of EIGHT HUNDRED SIXTY ONE THOUSAND SIX HUNDRED SEVENTY THREE & 92/1041ollars ($ 861,673.92 ) 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 14th day of NOVEMBER , 1995 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: IIQHFR PETERSON SUBDIVISION - STREET & DRAINAGE IMPROVEMENTS, WATER & WASTEWATER IM?ROVENENTS & JOINT USE FUEL AND WASH FACILITY 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. pathid.msU.px PBD -3 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 14TH day of NOVEMBER 19 95 . CHASCO CONTRACTING Principal, By: ATTORNEY - IN - FACT Title 'oa,Q . /12P/ult:rvtn.,.. Title Sutcan k.Mtrri . Sec.- . Treasurcr P.O. BOX 1057 P.O. BOX 4611 Address Address ROUND ROCK. TEXAS 78680 The name and address of the Resident Agent of Surety is : ■ NITSCHE AND FERGUSON INSURANCE AGENCY, INC. 143 EAST AUSTIN. GIDDINGS. TEXAS 78942 poalMdmW peo PBD -4 HARTFORD FIRE INSURANCE COMPANY Surety ROBERT ROBERT DAME ITSCHE HOUSTON, TEXAS 77210 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 po.thidm.U.pec PAYMENT BOND PBD -5 BOND // 200275 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That CHASCO CONTRACTING , of the City of AUSTIN , Coun�t D FIRE TRAVIS , and State of TEXAS as Principal, and DI IRANf'F r l i riPANv aut 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 EIGHT HUNDRED SIXTY ONF THOUSAND CT paymen tFD SEVENTY THREE & 97 /100Do ($ 861 ,673.92 ) for the 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 14th day of NOVEMBER , 1995 , 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: LUTHER PETERSON SUBDIVISION - STREET & DRAINAGF TMPROVFMFNTSl WATFR R WASTFWATIR TMPRfTVF*17S R :NTINT USE FUEL AND WASH FACILITY 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. I 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 14TH day of NOVFMRFR CHASCO CONTRACTING Principal ti;r Surety By: C l i /GCG7l/ Title •/LLP/Yla•✓v Susan N • t•f be ynan, Sic, - TreaS P.O. BOX 1057 Title Address Address ROUND ROCK, TEXAS 78680 HOUSTON, TEXAS 77210 The name and address of the Resident Agent of Surety is : NITSCHE AND FERGUSON INSURANCE AGENCY, INC. 143 EAST AUSTIN, GIDDINGS, TEXAS 78942 postbidostispec PBD -6 HARTFORD FTRF INSIIRANCF COMPANY ROBERT JAM NITSCHE ATTORNEY -IN -FACT P.O. BOX 4611 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its pnncipal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint RCSERT JAMES =SORE, DAVID P. FERGUSON, VIOLET I•ROS(30 and NINA SMITH of GIDDIItS, TEXAS ds true and lawful Attomey(s) -in -Fact, with full power and authority to each of said Attomey(s) -in -Fact, In their separate capacity If more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other wnlings obligatory in the nature thereof on behaff of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than Insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all acbons or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s) -in -Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE N SECTION e. The President or eny Vice- Presdent, acting such kny Seaetaly or Assistant Serfetary, shall have power end euOwtty to 00point, for purposes only of executing and attesting bonds and undertalargs and other writings obligatory m the nature thereof, one or more Resident Vice- Presidents, Resident Assistant Secretaries and Attorneys-hr -Fact and at any time to remove any ssuucchh Resident Vice- Presdent, Resident Assistant Secretary, or Attomeynn•Fact, and revoke the power and authamy given to him SECTION 11. Attorneys -in -Fact shag have power and aullwny, subject to the terms and Ilmabons of the power of attorney issued to them, to execute Me nature ther behalf , end any such instr and to attach ument menu exeeened�W any such Attorney-In-Fact shall and ell binding the Company and a if signed s story in an Officer and sealed and attested by one other of such OK This power of attorney Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 12th day of February, 1993. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any cerefcate relating thereto by facsimile, and any such power of attorney or cerafwate beanng such facsimile signatures or far: mile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile sgnatures and facsimile seal shall be valid and bn0ng upon the Company in the ham with respect to any bond or undertaking to which it is attached In Witness Whereof, the HARTFORD FIRE INSURANCE - COMPANY has caused these presents to be signed by its Vice - President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 19th day of January, 1994 HARTFORD FIRE INSURANCE COMPANY Attest: Richard R. Hemanson Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD I On this 19th day of January, A.D. 1994, before me personally came Robert N. H. Sener, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice- President of the HARTFORD FIRE INSURANCE COMPANY, the corporation descnbed in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Form S35073 (11F) Pnnted in U S.A. STATE OF CONNECTICUT COUNTY OF HARTFORD ss CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 14TH day of NOVEMBER 19 95 Jean H. Wozn Notary Public My Commission Expves March 31, 1999 01 Davd A. Johnson Assistant Secretary To: City of Round Rock 221 East Main Street Round Rock, Texas 78664 THIS IS TO CERTIFY THAT CHASCO CONTRACTING 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. TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS OF INS. NO. DATE DATE LIABILITY Workmen's 3AE61838603 SEE ATTACHED CERTIFICATE Compensation ( Comprehensive General Liability Includes Contractual Liability Owner's TBD Protective Contractors posaddAnWspon EPA24891625 CERTIFICATE OF INSURANCE Date: SEE ATTACHED CERTIFICATE SEE ATTACHED CERTIFICATE PBD -7 11 -14 -95 Description of Work Statutory, State of Texas, $ Employer's Liability Bodily Injury $ /person $ /person Covers Property Damage Independent $ /accident Contractors $ aggregate Bodily Injury $ /person $ /accident Property Damage $ /accident $ aggregate The Certificate of Insurance neither affirmatively or negatively amends extends, or alters the coverage — afforded by policy or policies indicated by this certificate. 1 1 1 1 Certificate of Insurance (continued) 1 comprehensive WAA24891484 SEE ATTACHED CERTIFICATE Bodily Injury Automobile S /person Liability S /accident Owned Vehicles Property Damage Hired Vehicles Non -owned Vehicles Includes Contractual Liability Contractual Liability 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. port6idm.upoo 1) MARYLAND CASUALTY COMPANY 2) COLONIAL CASUALTY INS. CO. Name of Insurer NITSCHE FERGUSON INSURANCE NETWORK OF TEXAS By: R. J. NITSCHE Title: PRESIDENT Address:143 E. AUSTIN PBD -8 GIDDINGS, TEXAS 78942 S /accident ISSUE DATE (MMOOHIT Alp∎pj;IL CERTIFICATE OF INSURANCE 12/94/95 PRODUCER Mischa Ferguson Insurance Network of Texas 143 E Austin Street Giddings 1X 78942 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 L A Maryland Casually Company L B Colonial Casualty Ina- Co m3UFED Chasm Contract log P. 0. Box 1057 Round Rock Tx 78880 COMPANY LETTER C Kemper Insurance Group COMPANY L1139 D "REVISED" COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 8� TYPE OF INSURANCE POLICY MINER POLICY EFFECTIVE DATE (MM'nOM7 POLICY IDPIRATx1N DATE DVADD YY) LIMITS GENERAL X LIABILITY COMMERCW. GENERAL UABILITY EPA 24891825 03/09/95 03/09/96 GENERAL AGGREGATE $ '2999999 PRODUCTS- OOMROP AGG. $ 2000000 '. CLAIMS MADE I X 'OCCUR OWNERS S OONTRACTORS PROT. PERSONAL & ADV. INJURY $ 1000000 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (My ma fire) $ 50000 MED EXPENSE (My are person) $ 6000 A AUTOMDNLE X - X X LIABILITY ANY win ALL OARED AUTOS SCHEDULED AUTOS HIRE AUTOS OANOWNEO ALTOS GARAGE LIABILITY WAA 24891484 03/09/95 , 03/09/96 . COMBINED SINGLE LIMIT 1000000 BODILY INIURY (Per Pew) $ BODILY INJURY (Pei Aoaa0 0) i PROPERTY DAMAGE I$ Il l s EXCESS CARRY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE i 5 B '7/DIVERS mMPErISATION AND EMPLOYERS UABIUTY WC951312 03/09/95 03/09/98 I STATUTORY LIMITS EICHACCIDENT l $ 500000 DISEASE - POLICY LIMIT 5 500000 DISEASE • EACH EMPLOYEE I 0 500000 C OTHER Builders Risk 3AE81838003 10/01 /95 10 /01/96 Limits of Insurance 2000000 Deductmle- $1000.00 Reporting Form pp�prlp p� O PaU,7pNSV1CigNII 55PECIpL Certificate Hol ad r to A added ne Additional Insured on General Liability and Auto Liability, Certificate Holder named is favor o n Waiver of Subrogation on Workers Compnesation..30 day HOC on all policies in lieu of 10 day. CERTIFICATE HOLDER - CANCELLATION, ' CIV 221 of Round Rack 221 East Main Street Round Rod( 1X ACORU 258 79994 ... SHOULD ANY OF THE ABOVE EXPIRATION DATE THEREOF, x' MAIL 30 SAYS WRITTEN LEFT, BLaxdd0O1& RX7 D( kid10( maystaggmannocemottf000tteettotromexa DESCRIBED POLICIES BE CANCELLED BEFORE THE THE ISSUING COMPANY WILL ENDEAVONXIO)XXX0(XOXXXX NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE AMRK7 0YXKR&% kx9U( XIOxfQRRX 7i(108tNYAfiAYKMJOxuxxxxXXXoax PAYMENT OF PREMIUM 7 78mRR11Rx61XKkKKXXXXXxXXXXX - EXCEPT 10 DAYS FOR NON 'ALTHORN REPRESENTATIVE R. J. Nitsche s 7 • � , © 0 / u11 1 1 1 1 1 ') 1 1 1 1 1 1 1 1 1 Baker - Aicklen & Associates, Inc. 9111 Jollyville Road, Suite 107 Austin, Texas 78759 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LUTHER PETERSON SUBDIVISION Street and Drainage Improvements Water and Wastewater Improvements RRISD Vehicle Maintenance Facility And Joint Use Fuel & Wash Facility Prepared for: City of Round Rock 221 East Main Street Round Rock, Texas 78664 and Round Rock Independent School District 1311 Round Rock Avenue Round Rock, Texas 78681 Prepared by: OF rell • A. WILLIAM WAELTZ 6$120 14441 B A PS •••..,.,,•�.+�.�� Architecture Plus 1907 N. Lamar Blvd. Austin, Texas 78705 1 1 1 i 1 1 1 1 1 1 • 1 TABLE OF CONTENTS VOLUME ONE Section 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 (General & Civil) 7.0 Plans P -1 8.0 Geotechnical Report VOLUME TWO Technical Specifications (Arch. & MEP) Division 1 - General Requirements Division 2 Site Work Division 3 Concrete Division 4 Masonry Division 5 - Metals Division 6 - Wood and Plastics Division 7 Thermal and Moisture Protection Division 8 Doors, Windows and Glass Division 9 Finishes Division 10 Specialties Division 11 Equipment Division 12 Furnishings Division 13 Special Construction Division 14 - Not used. Division 15 - Mechanical Division 16 Electrical 1 1 1 1 1 1 1 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 Luther Peterson Subdivision will be received until 2:00 P.M., Thursday, October 5, 1995, 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 "Sealed Bid for Luther Peterson Subdivision ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening lime will be returned unopened. Bids must be submitted on bid forms as shown in the Project Manual 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 at the office of Baker- Aicklen & Associates, Inc., 116 E Main, #206, in Round Rock, Texas, upon a deposit of $100.00 per set. Deposit will be refunded upon return of Bid Documents in good condition within two weeks of bid date. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock and the Round Rock I.S.D. (the Owners) reserve the right to construe the meaning thereof. The Owners further reserve 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 contracts prepared by the City of Round Rock and Round Rock I.S.D., 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. A pre -bid conference will be held on Wednesday, September 27, 1995, at 2:00 P.M. at the City Hall Council Chambers, 221 E. Main in Round Rock, Texas. Publish Dates: Austin American -Statesman: Round Rock Leader: NB -1 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 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 and Round Rock I.S.D. (Owners) and shall be accompanied by a completed R.R.I.S.D. Non - Collusion Affidavit of Bidder. 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 base bid price, payable without recourse to the Owners, 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. 1p- biddoc2.spc BD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' 1 1 8. Until the award of the contract, the City of Round Rock and Round Rock I.S.D. (Owners) reserve 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 Owners will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the Owners reserve 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. The successful bidder must execute separate contracts with the two Owners and provide separate performance and payments bonds as well as insurance certificates. 12. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish performance bonds and payment bonds 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 bonds and payment 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 Owners, with approval prior to bid opening. 13. ' If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived. Payment will be made following completion of the work. 14. 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 12 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 Owners, not as a penalty, but as a liquidated damage. 15. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. No contract shall be binding upon the Round Rock I.S.D. until it has been signed by an official duly authorized to do so by the School Board. 1p- biddoc2.spc BD - 1 1 a 1 1 1 1 1 a 1 1 1 1 1 1 1 16. 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 Owners, 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. 17. 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 for unit price items shall be the actual amount of work done and/or material furnished. All other work will be paid as a lump sum at the price bid. 18. No Texas sales tax chall 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. 19. No conditional bids will be accepted. 20. All permits and fees required for construction of this project shall be paid for by the Owners. 21. This project is being funded jointly by the City of Round Rock and Round Rock Independent School District. Each entity will pay for half the cost of all the work except for that related to the R.R.I.S.D. Vehicle Maintenance Facility which will be paid for entirely by R.R.I.S.D. Contract documents and payment requests will reflect this division of responsibility. 1p- biddoc2.spc BD - a 1 1 1 1 1 BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly bound unto the City of Round Rock and Round Rock I.S.D. 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 LUTHER PETERSON SUBDIVISION" 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) 1p- biddoc2.spc BD 1 1 1 1 1 1 1 1 1 1 1 1 i 1 NON - COLLUSION AFFIDAVIT OF BIDDER PROTECT; LUTHER PETERSON SUBDIVISION STATE OF TEXAS COUNTY OF TRAVIS BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT: 1. HE/SHE IS (OWN ERXPARTNERXOFFICER )(REPRESENTATIVE) OR (AGENT) OF CHASCO CONTRACTING THE BIDDER THAT HAS SUBMITTED THE ATTACHED BID; 2. HE/SHE IS FULLY INFORMED RESPECTING THE PREPARATION AND CONTENTS OF THE ENCLOSED BID AND ALL PERTINENT CIRCUMSTANCES RESPECTING SUCH BID; 3. SUCH BID IS GENUINE AND IS NOT A COLLUSIVE OR SHAM BID; 4. NEITHER THE SAID BIDDER NOR ANY OP ITS OFFICERS, PARTNERS. OWNERS, AGENTS, REPRESENTATIVES, EMPLOYEES OR PARTIES OF INTEREST, INCLUDING THIS AFFIANT, HAS IN ANY WAY COLLUDED, CONSPIRED. CONNIVED OR AGREED. DIRECTLY OR INDIRECTLY WITH ANY OTHER BIDDER, FIRM, OR PERSON TO SUBMIT A COLLUSIVE OR SHAM BID IN CONNECTION WITH THE CONTRACT FOR WHICH TEE ATTACHED BID HAS BEEN SUBMITTED OR TO REFRAIN FROM BIDDING IN CONNECTION WITH SUCH CONTRACT. OR HAS IN ANY MANNER, DIRECTLY OR INDIRECTLY, SOUGHT BY AGREEMENT OF COLLUSION OR COMMUNICATION OF CONFERENCE WITH ANY OTHER BIDDER, FIRM OR PERSON TO FIX THE PRICE OR PRICES IN THE ATTACHED BID OR OF ANY OTHER BIDDER, OR TO FIX OVERHEAD, PROFIT OR COST ELEMENT OF THE BID PRICE OR THE BID PRICE OF ANY OTHER BIDDER, OR TO SECURE THROUGH ANY ADVANTAGE AGAINST ROUND ROCK INDEPENDENT SCHOOL DISTRICT ANY PERSON INTERESTED IN THE PROPOSED CONTRACT: AND • 5. THE PRICE OR PRICES QUOTED IN THE ENCLOSED BID ARE FAIR AND PROPER AND ARE NOT TAINTED BY ANY COLLUSION. CONSPIRACY, CONNIVANCE OR UNLAWFUL AGREEMENT ON THE PART OF THE BIDDER OR ANY OF ITS AGENTS, REPRESENTATIVES, OWNERS. EMPLOYEES. OR PARTIES IN INTEREST INCLUDING THIS AFFIANT. 6 If THE BIDDER OR ANY OF ITS REPRESENTATIVES, OWNERS. OR EMPLOYEES HAVE FAMILY MEMBERS WHO ARE EMPLOYEES OF THE ROUND ROCK INDEPENDENT SCHOOL DISTRICT, THESE FAMILY MEMBERS SHOULD BE LISTED BELOW. NAME OF BIDDER: BY. SUBSCRIBED AND SWORN TO, THIS =i DAY OFOCTOBER NOTARY' Round Rock, Tczas 78681 BIDDER/OWNER/EMPLOYEE RRISD EMPLOYEE RELATIONSHIP NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS MY COMMISSION EXPIRES. MAY 20, 1998 PROPOSAL BIDDING SHEET JOB NAME: Luther Peterson Subdivision JOB LOCATION: Round Rock, Williamson County, Texas OWNERS: City of Round Rock, Texas and Round Rock I.S.D. DATE: 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 Luther Peterson Subdivision 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: Bid Item Description Unit Item Quantity, Unit and Written Unit Price Price Amount 1. 1 (102 -C) 2. 14,100 (110 -B) STREET & DRAINAGE IMPROVEMENTS L.S. Clearing and Grubbing S.Y. 1p biddoc2.spc BD - BASE BID for Nine Thousand dollars and No cents. $ 9,000 $ 9,000 Street Excavation, All Depths for Five dollars and Seventy-Five cents. $ 5.75 $ 81,075 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 3. 5,000 C.Y. Flexible Base (210 -B) for Sixteen dollars and Sixty-Five cents. $ 16.65 $ 83,250 4. 10,500 S.Y. Hot Mix Asphaltic (340 -B) Concrete Pavement, 2 -inch, Type D for Four dollars and No cents. $ 4.00 $ 42,000 5. 160 S.Y. 5 -Inch Concrete Pavement (360 -A) for Twenty-Three dollars and No cents. $ 23.00 $ 3,680 6. 3,520 L.F. Concrete Curb and Gutter (430 -B) for Six dollars and No cents. $ 6.00 $ 21,120 7. 7,700 S.F. Concrete Driveway (433) for Two dollars and Twenty cents. $ 2.20 $ 16,940 8. 1 Ea. Manhole, 5 -ft. Dia. (506 -M -SW) Two Thousand -5 for Five Hundred dollars and No cents. $ 2,500 $ 2,500 1p- biddoc2.spc BD -6 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 9. 2 Ea. Manhole, 4-ft. Dia. (506 -M -SW) One Thousand -4 for Seven Hundred dollars and No cents. $ 1,700 $ 3,400 10. 2 Ea. Inlet, Area (5084A) One Thousand for One Hundred dollars and No cents. $ 1,100 $ 2,200 11. 6 Ea. Inlet, Standard, 10 -ft. (508 -IIOS) One Thousand for One Hundred dollars and No cents. $ 1,100 $ 6,600 12. 1 Ea. Inlet, Standard, 15 -ft. (508 -I15S) One Thousand for Four Hundred dollars and No cents. $ 1,400 $ 1 13. 1,610 L.F. Trench Safety Systems (509 -1) (All Depths) 14. 130 (510 -A) 1p- biddoc2.spc BD -7 for No dollars and Fifty cents. $ 0.50 $ 805 L.F. Pipe, 18 -inch Dia. RCP, Cl III, All Depths, including Excavation and Backfill for Seventy-Five dollars and No cents. $ 75.00 $ 9,750 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 15. 32 L.F. Pipe, 18 -inch Dia. RCP, Cl IV (510 -A) All Depths, including Excavation and Backfill for Sixty-Five dollars and No cents. $ 65.00 $ 2,080 16. 530 L.F. Pipe, 24 -inch Dia. RCP, Cl III (510 -A) All Depths, including Excavation and Backfill 1p BD - for Fifty -Five dollars and No cents. $ 55.00 $ 29,150 17. 52 L.F. Pipe, 24-inch Dia. RCP, Cl IV (510 -A) All Depths, including Excavation and Backfill for Sixty dollars and No cents. $ 60.00 $ 3,120 18. 350 L.F. Pipe, 30 -inch Dia. RCP, Cl 1 (510 -A) All Depths, including Excavation and Backfill for Sixty-Two dollars and No cents. $ 62.00 $ 21,700 19. 150 L.F. Pipe, 30 -inch Dia. RCP, Cl IV (510 -A) All Depths, including Excavation and Backfill for Sixty-Five dollars and No cents. $ 65.00 $ 9 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 20. 6 L.F. Pipe, 36 -inch Dia. RCP, Cl III (510 -A) All Depths, including Excavation and Backfill for Sixty-Nine dollars and No cents. 21. 360 L.F. Pipe, 42 -inch Dia. RCP, C1 III (510 -A) All Depths, including Excavation and Backfi l 22: 4 (559 -A) 23. 17,000 (604 -A) 24. 80 (639) L.F. S.Y. 1p biddoc2.spc BD - for Ninety dollars and No cents. $ 90 $ 32,400 Concrete Box Culvert, 5 ft. x 4 ft. $ 69.00 $ 414 for Eight Hundred dollars and No cents. $ 800 $ 3 Seeding for Erosion Control- Method B, Fiber Mulch for No dollars and Fifty cents. $ 0.50 $ 8 L.F. Rock Berm for Ten dollars and Fifty cents. $ 10.50 $ 840 1 I Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 25. 1,600 L.F. Silt Fence for (642) Erosion Control 1 for One dollars and Fifty cents. $ 1.50 $ 2 t 26. 2 Ea. Traffic Sign (824) One Hundred for Fifty dollars and No cents. $ 150 $ 300 ' 27. 1 Ea. Street Name Sign (825) One Hundred for Sixty dollars ' and No cents. $ 160 $ 160 28. 340 L.F. PVC Ducts, 1 Ea., 4 -inch (843) ' for Eight dollars and No cents. $ 8.00 $ 2 1 29. 345 L.F. Pavement Marking Paint (860 -C) ( Reflectorized), 4-in. • -4W Broken White Lane Lines for No dollars and Thirty-Five cents. $ 0.35 $ 120.75 1 30. 4,000 L.F. Pavement Marking Paint I (860 -C) (Reflectorized), 4-in. Yellow -4Y Center Line (Double) 1 for No dollars and Thirty -Five cents. $ 0.35 $ 1,400 1 1p- biddoc2.spc BD - Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 31. 22 L.F. Pavement Marking Paint (860 -C) (Reflectorized), 24-in. -24W White Stop Line 32. 18 (863 -1C) 33. 18 (863 -II-A) 34. 1 Ea. Ea. STATEMENT OF SEPARATE CHARGES: 1p biddoc2.spc BD - for Two dollars and Thirty cents. $ 2.30 $ 50.60 Reflectorized Pavement Markers, Type '1 -C for Five dollars and No cents. $ 5.00 $ 90.00 Reflectorized Pavement Markers, Type II -A -A for Five dollars and No cents. $ 5.00 $ 90.00 L.S. Water Quality Pond, Complete in Place, including Grading, Cut and Fill Eighty for Thousand dollars and No cents. $80, 000 $80 TOTAL BASE BID FOR STREET & DRAINAGE (Items 1 thru 34): $482,205.35 Materials: $182,205.35 All Other Charges: $300,000.00 Total: $482,205.35 Bid Item Quantity 35. 90 L.F. Jacking or Boring 12" (501 -W) Steel Pipe One Hundred for Thirty dollars and No cents. $130.00 $11,700 36. 100 (505 -A) 37. DELETED L.F. Concrete Encasement for 8" -Dia. Pipe 38. 50 L.F. Encasement Pipe, 6" -Dia. (505 -B) PVC, SDR 26, Class 160 for Sixteen dollars and No cents. $ 16.00 $ 800 39. 9 Ea. Manhole, 4' Dia. (506 -M -WW) One Thousand for Six Hundred dollars and No cents. $1600.00 $14,400 40. 6 (506-D-WW) Ea. Ip- biddoc2.spc BD -12 WATER AND WASTEWATER IMPROVEMENTS Item Description Unit Unit and Written Unit Price Price for Fifteen dollars Amount and No cents. $ 15.00 $ 1,500 Drop Manhole, 4' Dia. for Two Thousand dollars and No cents. $2000.00 $12,000 1 I Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 41. 10,562 L.F. Trench Safety Systems (509 -1) (All Depths) ' for One dollar and No cents. $ 1.00 $10 1 42. 5,000 L.F. Pipe, 8" Dia. PVC, C -900, DR 14, (510 -A -W) CL 200, All Depths, including -8 Excavation and Backfill 1 for Twenty-Three dollars and No cents. $ 23.00 $115 1 ▪ 43. 1,050 L.F. Pipe, 6" Dia. PVC, C -900, DR 14, (510 -A -W) CL 200, All Depths, including -6 Excavation and Backfill for Twenty-Two dollars and No cents. $ 22.00 $23,100 1 • 44. 215 L.F. Pipe, 2" Dia. PVC, Sch. 40, (510 -A -W) All Depths, including -2 Excavation and Backfill for Sixteen dollars and Fifty cents. $16.50 $3 1 45. 150 L.F. Pipe, 1" Dia. PVC, Sch. 40, ' (510 -A -W) All Depths, including -1 Excavation and Backfill for Fourteen dollars and Seventy cents. $14.70 $2 1 1 1 Ip- biddoc2.spc BD - Bid Item Quantity 46. 4,162 (510-A-WW) - 8 47. 350 (510-A-WW) - 6 48. 1 (510-1) 49. 1 (510-1) 50. 9 (511 -A) - 8 1p-biddoc2.spc Item Description Unit Unit and Written Unit Price Price L.F. L.F. Pipe, 6" Dia. PVC, SDR 35, All Depths, including Excavation and Backall Ea. Ea. Ea. Pipe, 8" Dia. PVC, SDR 35, All Depths, including Excavation and Bacldill for Forty-Five dollars and No cents. for Forty -Two dollars and No cents. Pressure Tap, 20" Dia. x 8" Dia. Two Thousand for Two Hundred dollars and No cents. Pressure Tap, 12" Dia. x 8" Dia. for Two Thousand dollars and No cents. Valves, Gate Type, 8" Dia. Five Hundred for Thirty dollars and No cents. BD -14 Amount $45.00 $187,290 $42.00 $14,700 $2200 $2,200 $2,000 $2000 $ 530 $4,770 Bid Item Quantity 51. 18 (511 -A) - 6 52. 2 (511 -A) -2 53. 13 (511 -B) 54. 2 55. 7,800 (604 -A) 56. 190 (639) Item Description Unit Unit and Written Unit Price Price Ea. Valves, Gate Type, 6" Dia. Four Hundred for Twenty dollars and No cents. $420.00 $ 7,560 Ea. Ea. Fire Hydrants One Thousand for Six Hundred dollars and No cents. $1,600.00 $20,800 Ea. S.Y. L.F. 1p biddoc2.spc BD - Amount Valves, Gate Type, 2" Dia. Two Hundred for Seventy dollars and No cents. $270.00 $ 540 Water Meter, Compound, 2" Dia., Complete in Place One Thousand for Eight Hundred dollars and No cents. $1,800 $ 3,600 Seeding for Erosion Control- Method B, Fiber Mulch for No dollars and Fifty cents. $0.50 $ 3,900 Rock Berm for Ten dollars and Fifty cents. $10.50 $ 1,995 1 I Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount ' 57. 1,200 L.F. Silt Fence for Erosion (642) Control ' for One dollars and Fifty cents. $ 1.50 $ 1,800 1 TOTAL BASE BID FOR WATER & WASTEWATER (Items 35 thru 57): $445,969.50 STATEMENT OF SEPARATE CHARGES: ' Materials: $145,969.50 All Other Charges: $300,000.00 Total: $445,969.50 R R I S D VEHICLE MAINTENANCE FACILITY Bid Item Description Unit I Item Quantity Unit and Written Unit Price Price Amount • I 58. 1 L.S. Bldg., paving, fence, landscaping and all related work on Lot 6 except Water, Wastewater I and Storm Sewer System 5 ft. or more outside bldg. One Million One ' for Hundred Thousand dollars and No cents. $1,100,000 $1,100,000 1 59. 3 Ea. Inlet, Grate Type, 48" t One Thousand for Seven Hundred dollars and No cents. $ 1 $ 5 1 Ip- biddoc2.spc BD -16 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 60. 5 61. 1 62. 1,560 63. 45 64. 434 65. 438 1p biddoc2.spc BD - Ea. Inlet, Grate Type, 36" One Thousand for Three Hundred dollars and No cents. $ 1,300 $ 6,500 Ea. Junction Box for Two Thousand dollars and No cents. $ 2,000 $ 2 L.F. Trench Safety (All Depths) for No dollars and Fifty cents. $ 0.50 $ 780 L.F. Pipe, 12" -Dia. PVC, Sch. 40, All Depths, including Excavation and Backfill for Seventeen dollars and No cents. $ 17.00 $ 765 L.F. Pipe, 18" -Dia. RCP, CL III, All Depths, including Excavation and Backfill for Forty-Seven dollars and No cents. $ 47.00 $ 20,398 L.F. Pipe, 24" -Dia. RCP, CL III, All Depths, including Excavation and Backfill for Fifty -Five dollars and No cents. $ 55.00 $ 24 1 1 1 1 1 1 1 1 1 1 1 1 Bid Item Quantity 66. 318 67. 322 Item Description Unit Unit and Written Unit Price Price L.F. Pipe, 30" -Dia. RCP, CL III, All Depths, including Excavation and Backfill L.F. Pipe, 36" -Dia. RCP, CL III, All Depths, including Excavation and Backfill Amount for Sixty-Two dollars and No cents. $ 62.00 $ 19,716 for Sixty-Nine dollars and No cents. $ 69.00 $ 22,218 TOTAL BASE BID FOR R.R.I.S.D. VEHICLE MAINTENANCE FACILITY (Items 58 thru 67): $1,201,567.00 STATEMENT OF SEPARATE CHARGES: Materials: $ 800,000.00 All Other Charges: $ 401,567.00 Total: $1,201,567.00 1 JOINT USE FUEL AND WASH FACILITY - BASE BID Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount i. 68. 1 L.S. All work on Lot 7 except storm sewer, water and wastewater systems 5 ft. or more outside the ' Fuel and Wash Facilities. Includes perimeter fence, vehicle gates, landscaping and erosion/ sedimentation controls. Seven Hundred ' for Fifty Thousand dollars and No cents. $750,000 $750,000 1p- biddoc2.spc BD - 1 ' Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount ' 69. 3 Ea. Inlet, Grate Type, 36" One Thousand for Three Hundred dollars and No cents. $1,300 $ 3,900 70. 390 L.F. Trench Safety, All Depths for No dollars and Fifty cents. $ 0.50 $ 195 1 71. 110 L.F. Pipe, 8" Dia. PVC, Sch. 40, ' All Depths, including Excavation and Backfill 1 for Eleven dollars and Fifty cents. $ 11.50 $ 1,265 1 72. 265 L.F. Pipe, 18" Dia. RCP, CL III, t All Depths, including Excavation and Backfill for Forty-Seven dollars and No cents. $ 47.00 $ 12,455 1 73. 15 L.F. Pipe, 24" Dia. RCP, CL III, 1 All Depths, including Excavation and Backfill 1 for Fifty -Five dollars and No cents. $ 55.00 $ 825 1 1p- biddoc2.spc BD - TOTAL BASE BID FOR FUEL AND WASH FACILITY (Items 68 thru 73): $768,640.00 STATEMENT OF SEPARATE CHARGES: Materials: $400,000.00 All Other Charges: $368,640.00 Total: $768,640.00 TOTAL BASE BID FOR STREET & DRAINAGE IMPROVEMENTS, WATER & WASTEWATER IMPROVEMENTS, R.R.I.S.D. VEHICLE MAINTENANCE FACILITY, AND JOINT USE FUEL & WASH FACILITY $2,898,381.85 ADDITIVE ALTERNATE NO. 1 TO R.R.I.S.D. VEHICLE MAINTENANCE FACILITY Add one trolley crane for an additional $5,000.00. ADDITIVE ALTERNATE NO. 2 TO R.R.I.S.D. VEHICLE MAINTENANCE FACILITY Add a Miscellaneous Equipment allowance including Contractor markup, for $12,000.00. ADDITIVE ALTERNATE NO. 1 TO JOINT USE FUEL & WASH FACILITY Substitute 1,554 S.Y. of 5 -in. Reinforced Concrete Pavement w /4" base for 1,554 S.Y. of 2 -in. Hot Mix Asphaltic Concrete Pavement w /15" base in the area between the Fuel and Wash Facilities for an additional $14.50 per S.Y. $22,533.00 ADDITIVE ALTERNATE NO. 2 TO JOINT USE FUEL & WASH FACILITY Provide a 2 -year Equipment Warranty (in lieu of 1 -year) on all wash bay equipment installed on this project for an additional $4,000.00. 1p- biddoc2.spc BD - If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within two hundred seventy (270) calendar days after the date of the written Notice -to- Proceed. The bidder and the Owners agree that for each and every calendar day the work, or any portion thereof, remains incomplete after the 270 calendar -day period, the bidder shall pay the amount of Two Hundred Fifty Dollars ($250.00) per calendar day as liquidated damages, not as a penalty but for delay damages to the Owners. Such amount shall be deducted by the Owners from any payment due to the bidders. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. The undersigned acknowledges receipt of the following addenda: Title Addendum No. 1 dated 09/29/95 Received 09/29/95 Addendum No. 2 dated Received Addendum No. 3 dated Received Respectfully Submitted, Chaz Glace, C.E.O. CHASCO CONTRACTING Name of Firm Date Secretary, if Contractor is a Corporation 1p- biddoc2.spc BD - P. 0. Box 1057 Round Rock, Texas Address (512) 244 -0600 Telephone 1 1 1 1 1 1 1 " 1 1 1 1 1 1 1 1 POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the Coy of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint ROBERT JAMES" NITSCHE, DAVID P. FII GLISDN, VIOLET FROSG11 and NINA SMITH of C 10935, TEXAS its true and lawful Attomey(s) -in -Fact, with full power and authority to each of said Attomey(s) -tin -Fact, in their separate capaary if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other wntings obligatory in the nature thereof on behalf of the Company In its business of guaranteeing the fideldy of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully end to the same extent es if such bonds and undertakings and other wntings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)-in•Fact may do In pursuance hereof. This power of attomey is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE N SECTION 8. The President a any Vim- President, acting with any Secretary or Assistant Secretary, Cue rave power and euvwnty to appoint, for puonly of exea other Nng and atteseng bonds end undone/ones and othvmargs0begalayin the nature thereof one or more Resident Vice- Presidents, NOSes Assatam Secretaries end Aeomeysin-Fact and C any time to remove arty such Resident VeaPreside Resident Assistant secretary, or AaarroyOn - Fad and revoke the tower and,aumomy given to him : • - r SECTION 11. ASaneyairFact sha9have porter and auUarity, subject to the temis and Hnitations of the puwer attorney Issued to them, to execute and darner on behalf of theCar8any and to attach the seal of the Company thereto any and all bonds and undertakings, and other writings atoq In the nature thereof, and any such i strument executed by am such Atto neyinFact Chao be as binding upon the Company as a signed by an txaosbve Officer and sealed and chewed by one other of such Olriceis. � ; - - This power of attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duty called and held on the 12th day of February, 1993. 7 .' Resolved, that the slgreMes of such Offcea and the seal tithe company may be effeaE to any such power of attorney or to any cem0icate relating thereto by taesnule, and any suet pawed attorney or certificate bearing sushi aaawe signatures or facsans° seal shat be vard and bmd'sg upon the Company and any such power so executed and certified by faaimBe signatures and faahrae seal shall be valid and binding upon the Company In the future wait respect to any band oru8Cerakingu which it Is attached. - • w,.. 4;— • In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Vice- President, and Its corporate seal to be hereto affixed; duty attested by Its Secretary, this 19th day of January, 1994. • Attest: STATE OF CONNECTICUT ss COUNTY OF HARTFORD )` Fenn SW507 -8 (HF) Primed In U.I.A. HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut HARTFORD FIRE INSURANCE COMPANY Richard R Hennanson Robert N. H. Smarr STATE OF CONNECTICUT "� Vice PresMax COUNTY OF HARTFORD On this 19th day of January, AD. 1994, before me personalty came Robert N. H. Sener, tome known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice- President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. YV• L� H. Womiak Notary WOLc My Commission Egxres March 31, 1999 CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and seated at the Crty of Hartford. Dated the 5TH day of OCTOBER 19 95 A Assist A. As 5008Assistant sauetay Bid Bond SURETY DEPARTMENT KNOW ALL MEN BY THESE PRESENTS, Thal we. CHASCO COVIRACTING as Pnncipal, hereinafter called the Pdnclpal, and the HARTFORD FIRE INSURANCE CLTPPN( o corporation created and existing under the laws of the Slate of CONNECTICUT . . ....... whose principal office Is In HARTFORD ... • as Surety, hereinafter called the Surely, are held and firmly bound unto CITY OF ROUND ROCK AND ROUND ROCK I.S.D. In the sum al 5% OF THE TOTAL AMOUNT BID Dollars (0 5 %- -- -). for the payment of which sum, well and Truly to be made, the said Principal and the Sold Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by Mese presents Whereas, the Principal has submitted a bid for LUTHER PETERSON SUBDIVISION STREET AND DRAINAGE IMPROVEMENTS WATER AND WASTEWATER IMPROVEMENTS RRISD VEHICLE MAINTENANCE FACILITY AND JOINT USE FUEL AND WASH FACILITY NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Pdnclpal shall enter Into a contract with the Obligee M accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished M the prosecution thereof, or In the event of the failure of the Princ,pal to enter such contract and give such bond or bonds, If the Pdndpal shall pay 10 the Obligee the difference not to exceed the penally hereof between the amount specified In said bid and such larger amount for which the Obligee may In good lallh contract with another parry to perform the work covered by said bld, then This obligation shall be null and void, otherwise 10 remain In lull force and efled. Signed and sealed this Wi ,.a p t / ��y // Altest 14...x^ L'S J...J...wc. III cmtormont Attest. 5 TH... ........ day of... QG.T.QDER .... ............................................................. ........................... 19... 00 (0,oved by The A Oan InolIlute chllac A 1 A D NO 3.010. Feb. 10]0 O) N Ed,ion) t; Form 5.32684 P■iniod In DS A. 11.70 THE HARTFORD .. :: :::.. as Obligee, hereinafter called the Obligee, ................. (SEAL) ........................ .... (SEAL) CHAZ GLACE, C.E . — (SEAL) HARTFORD FIRE INSURANCE CO"PPNY BOND NO. 3.0 POST BID DOCUMENTS CITY OF ROUND ROCK DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this 14 day of J e —A.D. 1995; by and between the CITY OF ROUND ROCK, TEXAS acting through its Mayor, Party of the First Part, hereinafter termed the OWNER, and CHASCO CONTRACTING of the City of Round Rock, 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 Proposal dated October 5, 1995, for certain improvements described as follows: Luther Peterson Subdivision - Street and Drainage Improvements, Water and Wastewater Improvements, and Joint Use Fuel and Wash Facility 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 270 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. The City of Round Rock shall be responsible for the payment of one -half of all monies due the Contractor for the following bid items: Ip- biddoc2.spc PBD -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. ATTEST: 1) 1/2 of all Street and Drainage Improvements (Items 1 -34). 2) 1/2 of all Water and Wastewater Improvements (Items 35 -57). 3) 1/2 of all Joint Use Fuel and Wash Facility (Items 68 -73). 4) 1/2 of Additive Alternate No. 1 to Joint Use Fuel & Wash Facility. 5) 1/2 of Additive Alternate No. 2 to Joint Use Fuel & Wash Facility. By: � . M244t41.4w -- Se retary, if Contractor is a Corporation or otherwise registered with the Secretary of the State 1p biddoc2.spc PBD -2 By: Party of the Firs (Owner) Mayor - City of Round Rock By: Party of the (Contractor) 9 1‘f>:' nd Part 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 OF ROUND 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. PBD -3 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 : patbidm.t/.pec PBD -4 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 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. PBD -5 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 : padaid.msthipm PBD -6 To: City of Round Rock 221 East Main Street Round Rock, Texas 78664 TYPE OF POLICY EFFECTIVE INS. NO. DATE po.wid.m.0 p CERTIFICATE OF INSURANCE PBD -7 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. EXPIRATION LIMITS OF DATE LIABILITY ' Statutory, State of Workmen's Texas, $ Compensation Employer's Liability Comprehensive Bodily Injury General $ /person Liability $ /person Includes Contractual Liability Covers Property Damage Independent $ /accident Contractors $ aggregate Owner's Bodily Injury Protective $ /person $ /accident Property Damage $ /accident Contractors $ aggregate Certificate of Insurance (continued) Comprehensive Bodily Injury Automobile $ - /person Liability $ /accident Owned Vehicles Property Damage Hired Vehicles $ /accident Non - owned Vehicles Includes Contractual Liability Contractual Liability 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. podbidm.t'.pcc Name of Insurer By: Title: Address: PBD -S MAINTENANCE BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, Thatwe, (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 (S ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this hundred and day of , A.D. nineteen WHEREAS, the said Principal has heretofore entered into a contract with 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 pwtbidmethpeo Dated , 19 construction of PBD -9 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 B pa.tbidm.thpeo PBD -I O ROUND ROCK INDEPENDENT SCHOOL DISTRICT DOCUMENTS This AGREEMENT is made as of the day of between the OWNER: and the CONTRACTOR: for the following PROJECT: AGREEMENT BETWEEN OWNER & CONTRACTOR ADDENDA ISSUED: RR061191 PBD -11 Round Rock Independent School District 1311 Round Rock Avenue Round Rock, Texas 78681 512/255 -5167 I. THE CONTRACT DOCUMENTS , 199 The Contract Documents consist of this Agreement and any Exhibits attached here to, Conditions of the Contract (General, Supplementary, and other Conditions), Bidding Documents, Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Change Orders and written Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. Unless otherwise specified, definitions set forth in the General Conditions apply to all other Contract Documents. II. THE WORK The Contractor shall perform all the work required by the Contract Documents for the following described PROJECT: ID. COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced upon issuance of the Notice to Proceed, and, subject to authorized adjustments, Substantial Completion shall be achieved not later than - Liquidated Damages. In the event the Contractor does not achieve Substantial Completion within the Contract Time, including approved extensions, the Contractor shall pay the Owner, as liquidated damages and not as a penalty, the sum of dollars per each consecutive calendar day that the performance exceed the authorized Contract Time. This sum is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Contractor to complete the Work within the time stipulated; it being recognized by the Owner and the Contractor that the injury to the Owner, including the lost use of the facilities, the disruption to the educational process, and the extended administrative resources, which could result from a failure of the Contractor to complete on schedule, is uncertain and cannot be computed exactly. IV. CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change order as provided in the Conditions of the Contract, in current funds, the Contract Sum of The Contract Sum is determined as follows: BASE BID: PLUS ALTERNATES ACCEPTED: V. PAYMENTS Based upon applications for payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the General Conditions of the Contract as follows: RR061 19 1 PBD -12 On or about the last day of each month, ninety -five (95 %) percent of the portion of the Contract Sum properly allocable to labor, materials, and equipment incorporated in the Work, and properly allocable to materials and equipment suitable stored at the site or at some other location agreed upon in writing by the parties up to ten (10) days prior to the- date on which the application for payment is submitted, less the aggregate of previous payments made by the Owner. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty (30) days after Substantial Completion, provided the Work has then been completed, the Contract fully performed, and a final Certificate of Payment has been issued by the Architect. Any monies not paid when due to either party under the Contract shall bear interest at the legal rate in force at the place of the Project or at the rate established by Tex. Rev. Civ. Stat. art. 601), whichever is less. OWNER CONTRACTOR BY: RR061191 PBD -13 PRESIDENT pnbid.mW, pee THE STATE OF TEXAS COUNTY OF WIZZIAMSON 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 ROUND ROCK INDEPENDENT SCHOOL DISTRICT, (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. PBD -14 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 : poanm.mWipec PBD -15 THE STATE OF TEXAS • COUNTY OF WILLIAMSON postbid.aulfspec 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 ROUND ROCK INDEPENDENT SCHOOL DISTRICT, (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. PBD -16 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 : pmbilmWip c PBD -17 To: Round Rock Independent School District 1311 Round Rock Avenue Round Rock, Texas 78681 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. TYPE OF POLICY EFFECTIVE INS. NO. DATE Workmen's Compensation Comprehensive General Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Contractors poxbid.m /epee CERTIFICATE OF INSURANCE PBD -18 Date: Description of Work 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 Automobile Liability Owned Vehicles Hired Vehicles Non -owned Vehicles Includes Contractual Liability Contractual Liability Bodily Injury $ /person $ /accident Property Damage $ /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. pastbid.mNryee Name of Insurer By: Title: Address: PBD -19 4.0 GENERAL CONDITIONS These City of Round Rock General Conditions shall apply to all work on this project shown on the following Plans: Street and Drainage Improvements Water and Wastewater Improvements Paving and Drainage Improvements Sh. C -1A - C -12A Sh. C -1B - C -11B Sh. C -1C - C -8C 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 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. Responsibilities of the Engineer and the Contractor 2.01 - Owner- Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of 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 gencond mat/spec General Conditions of Agreement GC -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 gencond mat/spec GC -2 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 gencond msUspec GC -3 1. Definition of Teims 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Sub - subcontractor gencondmsUspec General Conditions of Agreement The Owner, the Contractor and the Engineer and those persons or organization identified as such m 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. 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. 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. 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. GC -4 1.05 Written Notice 1.06 Wok gencwdmstlspee 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, fumish 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 EMIR 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. GC -5 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 Pmfessional Inspection by Engineer gencond cost/spec 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. 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 gencond mst'spcc 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. Likewise, the Contractor shall be solely responsible for the safety of himself, his GC -7 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 gocond.m,V,pec 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 fmds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or GC -8 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 {encmndmsUspec 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 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 GC -9 time. gencond.molspec 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 fumished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall GC -10 be in full accordance with this contract. 2.15 Changes and Alterations gcncandmsyspec 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 completed; or discovery or failure to discover or object to defective work of materials GC -I 1 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 gencondmst'spec 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 retumed 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. GC -12 3.05 Collateral Contracts `encnndmst/spec 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 GC -I3 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 Bmcond m.ue 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 loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property GC -14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 geneondasVspec 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 fumished 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 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 GC -15 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 gcncond.ms✓spee 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 GC -16 gencondmsVspec 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 gencondmsUspec Persons providing services on the project ( "subcontractor" in § 406,096 - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which fumishes 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 coverage showing coverage for all persons providing services on the GC -18 gmcmndm :vtc 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 amcoadm tI pec (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 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 occurrence. Contractor shall require subcontractors to provide Automobile Liability Insurance with same minimum limits. 3.20 Guarantee Against Defective Work sencond mst/epcc 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. 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 a year from the date of acceptance of the project. Said warranty binds the contractor lo aaect GC -21 any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be 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. 4. Prosecution and Progress 4.01 Time and Order of Completion gencond msyspec GC -22 sencondmsVapec 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. 5. Measurement and Payment 5.01 Quantities and Measurements GC -23 5.02 Estimated Quantities goncradaastispeo 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. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be fumished 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 fumished 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 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. GC -24 5.04 Partial Payments gencondmsNepcc 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 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 GC -25 5.07 Final Payment 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: gencond.mrt4pec 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. 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. 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. g) Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a Surety Bond GC -26 1 1 1 1 1 1 6. Extra Work and Claims 1 1 1 1 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 1 1 1 1 1 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 final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6.01 Change Orders genrond mstspec 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. 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. In such case, the Contractor by copy of his communication to the Engineer or otherwise GC -27 6.03 Extra Work gmcondmNspec 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. It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual 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 shalt be made available to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of GC -28 gencond m :v :ac 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 lime 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 fmal 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 services and the construction of projects or facilities shall not be delayed, prejudiced or GC -29 6.06 Arbitration a.nroodm.v.p postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 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. GC -30 gencondmWspcc 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 and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety, GC -31 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 gencond.mNryec In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the GC -32 gemmndm.Nspee notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. S. 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 fumish 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. GC -33 8.02 Subcontractual Relations genwndmsVspec 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. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor GC -34 gencondmWspec 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. 9.03 Cutting and Patching render 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 GC -35 gencendm,Uapec 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: (I) (2) (3) all employees on the work and all other persons who may be affected thereby: all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement m the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 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. GC -36 grncondmst'spco The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of 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 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 GC -37 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 grncond.msyspeo Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -38 These General Conditions Independent School District R.R.I.S.D. Vehicle Maintenance Fuel & Wash Facility, included Architectural Structural Mechanical Electrical Fuel System Landscape of the Round Rock shall apply to the Facility and Joint Use in the following Plans: Art. 1. General Provisions' 1 Art. 2. Owner 3 Art. 3. Contractor 4 Art. 4. Administration of Contract . . 17 Art. 5. Subcontractors 19 Art. 6. Construction by Owner /Separate Contractors 20 Art. 7. Claims & Changes in Contract 22 Art. 8. Contract Completion Time 27 Art. 9. Payments and Completion . . 30 Art. 10. Protection of Persons /Property 35 Art. 11. Insurance and Bonds 37 Art. 12. Uncovering and Correction of Work 41 Art. 13. Miscellaneous Provisions 43 Art. 14. Termination /Suspension 46 Art. 15. Prevailing Wage Rates 49 Art. 16. Owners Right to Examine Records 49 Texas Workers' Compensation Commission (Article 11.1.2.1A) Insurance Coverage 51 Texas Educational Agency Certification of Project Compliance Form 55 RRISD Prevailing Wage Scale . 57 RR95 INDEX TO GENERAL CONDITIONS -- RR95 CONTRACT FOR CONSTRUCTION Article 1 GENERAL PROVISIONS 1.1 Basic Definitions RR95 1.1.1 The Contract Documents The Contract Documents consist of the Owner- Contractor Agreement, the conditions of the Contract (General,Supplementary and other Conditions), The Drawings, the Specifications, and all Addenda issued prior to and all Change Orders and written modifications issued after execution of the Contract. The documents include bidding documents. 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement representations or agreements, either written or oral. The contract may be amended or modified only by a Modification in writing. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and the Contractor, (2) between the Owner and a Subcontractor or Sub- subcontractor or (3) between any persons or entities other than the Owner and Contractor. 1 1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whetlier completed or partially completed, and includes all materials, equipment and services necessary to produce the completed construction. 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 The Specifications The Specifications are that portion of the Contract Page 1 of 57 RR95 Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related systems. 1.2 Execution, Correlation and Intent 1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.2.2 The intent of the Contract Documents is to include all items necessary for the proper execution and completion the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of the Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.4 Unless otherwise stated in the Contract Documents, words which have well -known technical or'construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1 2.5 Any material or operation specified by reference to published specifications of a manufacturer, a society, an association, a code or other published standard, shall comply with requirements of the listed documents and project specification, or as between referenced documents, the more stringent code or performance requirements shall govern. The Contractor, if requested, shall furnish an affidavit from the manufacturer, certifying that the materials or products delivered to the Project meet the requirement specified. 1.3 Ownership and Use of Architect's Drawings, specifications and Other Documents 1.3.1 All drawings, Specifications and copies thereof furnished by the Owner are and shall remain his property. They are to be used only with respect to this Project and are not Page 2 of 57 1.4 Capitalization be used on any other project. With the exception of one contract set for each party to Contract, such documents are to be returned or suitably accounted for to the Owner on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's common law copyright or other reserved rights. 1.4.1 Terms capitalized in these General Conditions include - those which are (1) specifically defined, (2) the titles • of numbered articles and 'identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other Contract documents. 1.5 Interpretation 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and any and articles such as the and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5.2 References to the Architect, or "A /E," mean the Architect or Engineer or his authorized representative. ARTICLE 2 - OWNER 2.1 Definition 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 Information and Services Required of the Owner 2.2.1 The Owner shall furnish surveys describing the physical characteristics, legal limitations and utilities locations for the site of the Project, and a legal description of the site. RR95 Page 3 of 57 RR95 2.2.2 The Owner shall secure and pay for necessary easements required for construction. 2.2.3 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.4 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 Owner's Right to Stop the Work 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 3 - CONTRACTOR 3.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor'" means the Contractor or the Contractor's authorized representative. 3.2 Review of Contract Documents and Field Conditions By Contractor 3.2.1 The Owner makes no representations as to the accuracy or completeness of the site information furnished to the Contractor by Owner and does not expressly or impliedly warrant same and is not responsible for any interpretations or conclusions reached by the Contractor with respect thereto. It is Contractor's sole responsibility to verify to its own satisfaction all site information, including but not restricted to topographical data, borings, subsurface information, utilities, and easements. 3.2.2 The Contractor is responsible for having visited the site and ascertained pertinent local conditions such as location, accessibility, and character of the site or building, the character and extent of existing work within and adjacent to the site, and any other work Page 4 of 57 being performed thereon at the time of the submission of his proposal. Any failure to do so will not relieve him from responsibility for successfully performing the work without additional expense to the Owner. 3.2.3 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.4 If, in the performance of the Contract, subsurface, latent, or concealed conditions at the site are found to be materially different from the information included in the bid documents, or if unknown conditions of an unusual nature are disclosed differing materially from the conditions usually inherent in work of the character shown and specified, the Architect shall be notified in writing of such conditions before they are disturbed. The Architect, with the approval of the Owner, will promptly make such changes in the Drawings and Specifications as he deems necessary to conform to the different conditions, and any increase or decrease in the Work, or in the time within which the Work is to be completed, resulting from such changes will be adjusted by Change Order subject to the prior approval of the Owner. 3.2.5 It is recognized by the parties heieto and agreed by them that the Specifications and Drawings may or may not be complete or free from errors, omissions and imperfections or require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Specifications and Drawings, or any changes or additions to same or to the work ordered by Owner and any resulting delays in the work or increases in Contractor's costs and expenses shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of Contract, quantum meruit or otherwise; provided, however, that Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor whether direct, RR95 Page 5 of 57 consequential or otherwise in any way an incident to, arising out of or resulting directly or indirectly from the work performed by Contractor under such Change Order. 3.2.6 Before placing his proposal to the Owner, and continuously after execution of the Contract, the Contractor shall carefully study and compare the Contract Documents and shall at once report to the Owner any error, inconsistency or omission he may discover, including any requirements which may be contrary to any law, ordinance, rule, regulation or order of any public authority bearing on the performance of the Work. By submitting his proposal or bid for the Contract and the Work under it, the Contractor agrees that the Contract Documents appear accurate, consistent, and complete insofar as can reasonably be determined. If the Contractor has reported in writing an error, inconsistency or omission, has promptly stopped the affected work until otherwise instructed, and has otherwise followed the instructions of the Owner, the Contractor shall not be liable to the Owner or the Architect for any damage resulting from any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents and, where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 3.2.7 _ The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work. RR95 Page 6 of 57 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.3.5 The Contractor shall furnish all required information to ensure continuity between various sections of the Work and to avoid delay and obviate defects on any part of the whole Work. 3.3.6 The Contractor shall verify all dimensions before ordering materials or equipment or before performing Work. If a discrepancy exists, the Contractor shall take field measurements required for the proper fabrication or installation of the work. The Contractor shall be responsible for dimensions related to any item of work and shall make any corrections necessary to make the work properly fit at no additional cost to Owner. 3.3.7 The Contractor shall inform himself fully regarding any peculiarities and limitations of the space available for the installation of the material. He shall see that all equipment, such as valves, or•other appliances necessary to be reached from time to time for operations and maintenance are made readily accessible. 3.3.8 The construction of the Work may develop conditions that render impracticable the location of equipment as shown or noted. In such cases, before installing his Work, the Contractor shall call the condition to the attention of the Architect for resolution. 3.3.9 Dimensions shall be verified by the Contractor's measurements of the buildings and the property, and the Contractor shall be responsible for all of his Work fitting in place in a satisfactory and workmanlike manner. 3.4 Labor and Materials 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and RR-95 whether or not incorporated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.4.3 The Contractor shall be responsible for ensuring that the Work is completed in a skilled and workmanlike manner. 3.4.4 Hazardous Materials RR95 3.4.4.1 The Contractor, including his subcontractors, sub - subcontractors, suppliers, agents and employees, shall not provide nor install any toxic and /or hazardous materials, including, but not limited to products containing asbestos, asbestos - containing materials, polychlorinated biphenyl (PCB), lead pipe, lead solder or lead flux. Such provision or installation of any toxic or hazardous materials shall constitute defective work not in compliance with the Contract Documents, and the Contractor shall, at his sole and exclusive cost, remove said toxic and /or hazardous materials in compliance with current guidelines established by the Environmental Protection Agency or other appropriate agency /authority for removal of such materials. 3.4.4 2 If the Contractor, or his employees, agents or subcontractors intentionally or with gross negligence disturb or remove, or cause to be disturbed or removed, all or a portion of toxic and /or hazardous materials, including without limitation asbestos, asbestos containing material, polychlorinated biphenyl (PCB), lead pipe, lead or lead flux, the Contractor shall indemnify, hold harmless and defend the Owner from and against any claims, damages, losses and expenses, and alleged claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from any cleanup /decontamination work, medical treatment, or legal action arising or resulting from said intentional or grossly negligent disturbance or removal of said material. D.... e Q "C G-7 3.5 Warranty 3.6 Taxes RR95 3.4.4.3 The Contractor shall require of each Subcontractor that if any Subcontractor, sub- subcontractor, or laborer encounters any actual or suspected toxic and /or hazardous material, including without limitation asbestos, asbestos - containing material, polychlorinated biphenyl (PCB), lead pipe, lead solder, or lead flux, the Subcontractor, sub- subcontractor, or laborer shall bring it to the immediate attention of the Contractor and the Contractor shall forthwith relate it to the Owner by timely written notice. Such notification shall be considered timely if received by the Owner within five (5) days after the discovery of such toxic and /or hazardous material or suspected asbestos containing material. If the Contractor does not give timely notice of the presence or suspected presence of such toxic and /or hazardous material, the Contractor will not receive additional compensation for delay caused by the necessity of the Owner to stop work and abate or take other appropriate action with regard to the toxic and /or hazardous material during the course of the work. Failure of a Subcontractor, sub- subcontractor, or laborer to report the presence or suspected presence of toxic and /or hazardous material, shall not relieve the Contractor of his responsibilities hereunder. 3.5.1 The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this contract will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Paragraph 12.2.2. The Contractor shall provide to the Owner, warranty for all materials and labor used for the Project, for one full year from date of substantial completion unless a longer warranty or special guarantee is specified. 3.6.1 The Contractor shall pay all applicable sales, ccnsumer, use, and similar taxes for the work which are legally 3.7 Permits, Fees and Notices RR95 enacted when bids are received. The Owner qualifies for exemption from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise and use Tax Act. The Contractor may claim exemption from payment of applicable state taxes by complying with such procedures as may be prescribed by the state comptroller of public accounts. 3.7.1 The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses, inspections, and certificates of occupancy, necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. Any delays in obtaining the above permits shall not be grounds for any change order for any cost increases or time extensions. 3.7.2 The Contractor shall make himself familiar with and at all times shall observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the Owner against any claim arising from violation of any such law, ordinance or regulation by himself or by his subcontractors or his employees. When requested, competent evidence of compliance with applicable laws shall be furnished. 3.7.3 If the Contractor observes that portions of the Contract Documents are at variance with applicable laws, ordinances, codes, and regulations, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 Where the Underwriter's Laboratories have established standards and issued labels for a particular group, class or type of equipment, the Underwriter's label shall be required on all equipment in that category. The National Electric Code and the National Plumbing Code shall be minimum requirements. When requested, competent evidence of compliance with applicable codes shall be furnished. 3.7.5 Notification, coordination and completion of the installation of all required utilities, tap fees, whether temporary or permanent, is the sole responsibility of the Contractor. The Owner shall not be responsible for any damage or delay caused by any parties' inability to perform installations in the time frame desired by the Contractor. 1 1 3.8 Allowances 3.8.1 The Contractor shall include in the Contract Sum all ' allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the ' Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 Materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .3 Contractor's costs for unloading and handling at the ' site labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 Whenever costs are more than or less than allowances, ' the Contract Sum shall'be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and ' the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. ' 3.9 Superintendent 3.9.1 The Contractor shall employ a competent superintendent and ' necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. ' 3.9.2 The superintendent shall be in attendance at the Project site not less than eight (8) hours per day, five (5) days per week, unless the job is closed down due to a general ' strike or conditions beyond the control of the Contractor or until termination of the Contract in accordance with the Contract Documents. The superintendent shall not be ' employed on any other project during the course of the Work. RR95 - - 3.10 Contractor's Progress Schedules 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Progress schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Progress schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 Documents and Samples at the Site 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data Samples. and similar required submittals. These shall be accessible to the Architect and Owner and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. 3.12 Shop Drawings, Product Date and Samples 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. RR95 3.12.4 The Contractor shall review, approve and submit, with reasonable promptness in such sequence as to cause no delay in the Work or in the work of the Owner or any separate Contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. At the time of submission, the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. 3.12.5 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.12.8 The Contractor shall promptly make corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Product Data and Samples. The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those required by the Architect on previous submittals. Resubmittals necessitated by required corrections due to Contractor's errors or omissions, or less than complete submittals as required by the specifications, shall not be cause for extension of Contract Time. 3.12.9 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. RR95 Paneliof RR95 3.12.10 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.12.11 When Shop Drawings, Cuts, or Brochures are forwarded to the Architect by the Contractor for approval, a copy of the Contractor's letter of transmittal with project name, Contractor's name, number of drawings, title and other pertinent data covering each transaction is to be mailed to the Owner. The Architect and his consulting Engineers shall follow the same procedure when it is necessary for them to return or transfer Shop Drawings, Cuts or Brochures either between themselves or to the Contractor for changes, corrections or resubmittal so that the Owner can record and follow procedure for each transaction to finality. One complete set of the above shall be furnished -the Owner. 3.12.12 Within fifteen (15) days after Notice to Proceed the Contractor, Architect and Owner shall jointly prepare a schedule fixing the dates for submission of Shop Drawings, Product Data and Samples by the Contractor and review by the Architect. The Contractor shall submit in accordance with the schedule, and the Architect shall endeavor to review in accordance with the schedule. The schedule shall be consistent with the currently approved Progress Schedule. The Contractor shall submit no Shop Drawings, Product Data or Samples which do not comply with the Contract Documents. 3.12.13 If no Shop Drawing /Product Data /Sample Submittal Schedule is furnished by the Contractor then no claim for delay shall be allowed the Contractor on account of failure of the Architect to furnish drawings or approval of shop drawings and samples until fourteen (14) days after demand thereof and not then unless such claim be deemed reasonable by the Owner. 3.12.14 It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment or fixtures have been specified by name, manufacturer or catalog number, it has been done so as to establish a definite standard and reference for comparison as to quality, application, physical conformity, and other characteristics. Substitution of materials shall not be made without prior written approval of the Owner and the Architect. Page 14of57 3.13 Use of Site .1 The Contractor shall be responsible for any additional costs or delays resulting from having furnished materials, equipment or fixtures other than specified, and shall reimburse the Owner for any increased design costs resulting from such substitutions. 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.13.2 All Work or materials of every description subject to injury during the course of the Work shall be fully protected from damage from any source. Should any Work or materials under this Contract become damaged in any way or manner the Contractor shall repair and perfect the same at his own expense. 3.14 Cutting and Patching 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 Cleaning UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. RR95 Page 15 of 57 3.16 Access to Work 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 Royalties and Patents 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof. If the contractor has reason to believe that the required design, process or produce is an infringement of a patent, the Contractor shall promptly furnish such information to the Architect. 3.18 Indemnification 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, (provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom) but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. RR95 Page 16of57 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Architect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 3.19 Conditions Affecting the Work 3.19.1 The Contractor shall be responsible for taking all steps necessary to ascertain the nature and location of the work and the general and local conditions which can affect the Work or the cost thereof. Failure of the Contractor to acquaint himself with conditions which may affect the Work, including, but not limited to conditions relating to transportation, handling, storage of materials, availability of labor, water, roads, weather, topographic and subsurface conditions, multiprime contract conditions, applicable provisions of law, and the character and availability of equipment and facilities needed prior to and during the execution of work, shall not relieve the Contractor of his responsibilities under the Contract Documents and shall not constitute a basis for adjustment in the Contract Sum or the Contract Time under any circumstances. The Owner assumes no responsibility for any understanding or representation about conditions affecting the Work made by any of his officers, employees, representatives or agents prior to the execution of the Contract, unless such understanding or representations are expressly stated in the Contract Documents. ARTICLE 4 - ADMINISTRATION OF THE CONTRACT 4.1 Architect /Engineer 4.1.1 Unless otherwise provided for in the Contract Documents, the Architect /Engineer ( "A /E ") will provide general administration of the Contract and will be the Owner's representative during construction and until final payment. The Owner assumes no responsibility for any understanding given or representation made orally by its agents prior to the execution of this Contract, unless such understanding or representation is expressly stated in the Contract. RR95 Page 17of 4.1.2 The A/E has the authority to act on behalf of the Owner to the extent provided for in the Contract Documents unless otherwise modified by written instrument which will be shown to the Contractor. The A/E will advise and consult with the Owner, and the Owner's written instructions to the Contractor will generally be issued through the A /E, except that the Owner reserves the right on appropriate occasions to issue instructions directly to the Contractor through other designated representatives. All written communications concerning the Project shall be furnished to the Owner, the A/E and the Contractor by the party originating the communication. 4.1.3 All instructions effecting Contract Sum, Contract Time or Contract Interpretation shall be confirmed expeditiously in writing with copies furnished to the A /E, the Owner's designated representative and the Contractor by the party issuing the instruction. 4.1.4 The Owner's representative and the A /E, with the Owner's approval, shall interpret the Contract requirements, and have the authority to reject work performed by the Contractor which in the opinion of the Owner or the A/E does not meet the requirements of the Contract and to order such work removed and replaced. 4.1.5 The A/E will make periodic visits to the site to familiarize himself with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Contractor shall provide sufficient, safe and proper access at all reasonable times for observation and /or inspection of the Work by the Owner and the A /E. 4.1.6 The A/E will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work since these are solely the responsibility of the Contractor. 4.1.7 The A/E will have authority to require additional inspection or testing of the Work, whether or not such Work is fabricated, installed or completed. However, this authority of the A/E shall not give rise to the duty or responsibility of the A/E to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work. 4.1.8 The A/E will, with reasonable promptness, review and RR95 Page 18 of5i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1` 1 1 1 1 1 1 1 1 approve, or take other appropriate action upon Contractor's submittals for the purpose of checking for conformance with the design concept of the Work and with the information given in the Contract Documents. Such review is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation of equipment or systems all of which remain the responsibility of the Contractor. The A /E's review of the Contractor's submittals shall not relieve the Contractor of the obligations under paragraphs 3.3, 3.5 and 3.12. The A /E's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the A /E, of any construction means, methods, techniques, sequences or procedures. The A /E's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.1.9 The A/E will prepare Change Orders and may authorize minor changes in the Work as provided herein. 4.1.10 The A/E will conduct inspections to determine the date or dates of completion, will receive and forward to the Owner warranties and related documents required by the Contract, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.1.11 The A/E will interpret and, decide matters concerning performance under and requirements of the Contract Documents with reasonable promptness and within any time limits agreed upon. ARTICLE 5 - SUBCONTRACTORS 5.1 Definitions 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 As soon as practicable after the receipt the bids and RR95 Page 19 of 57 before the execution of the Contract, the bidder awarded The contract shall submit to the Owner and the A/E for approval, a list of all subcontractors he, and /or his major subcontractors propose to use in the construction of the Project. He shall not employ any subcontractor to whom the A/E or Owner may have a reasonable objection. The Contractor will not be required to employ any subcontractor against whom he has a reasonable objection. 5.2.2 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the itemized difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.3 After the execution of the Contract, a change in any approved subcontractor or the addition of any new subcontractor can only be made with the written consent of the owner. 5.3 Subcontractual Relations 5.3.1 The Contractor agrees to bind every subcontractor and every subcontractor agrees to•be bound by the terms of the Contract Documents as far as applicable to his work. The Contractor shall further more fully inform his subcontractors prior to executing an agreement with them that they will be required to perform their work in conformance with related documents and to submit cost estimates and Change Order proposals in complete and full analytical detail. The Contractor shall defend, indemnify and save harmless the Owner for any subcontractor's claim which may result from the failure of the Contractor to incorporate the provisions in this Contract or Agreement with any of his subcontractors. ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 Owner's Right to Perform Construction and to Award Separate Contracts RR95 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construct -on Page 20 of 57 RR95 or operations on the site under these or similar Conditions of the Contract. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. If any part of this Contractor's work depends for proper execution or proper results on the work of any other separate contractor, this Contractor shall inspect and promptly report in writing to the A/E any discrepancies or defects he may find in such other work that render it unsuitable for such proper execution and results. Failure of this Contractor to so inspect and report shall constitute and 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 this Contractor's work. 6.1.3 Should this Contractor cause delay or cause damage to the work or property of any separate contractor on the Project, this Contractor shall, upon due notice, endeavor to settle with such other contractor by agreement. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify this Contractor who shall defend such proceedings and pay all costs in connection therewith and, if any judgment against the Owner arises therefrom, this Contractor shall pay or satisfy it. 6.1.4 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.1.5 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 6.1.6 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2 Owner's Right to Clean up Paee 21 of 57 6.2.1 If a dispute arises among the contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. ARTICLE 7: CLAIMS AND CHANGES IN THE CONTRACT 7.1 The Owner, without invalidating the Contract and without approval of the Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. 7.2 Change Orders - Definition A Change Order is a written order to the Contractor signed by the Owner and the A/E issued after execution of the Contract, authorizing change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement therewith, including the adjustment in the Contract Sum or the Contract Time. 7.3 It is recognized by the parties hereto and agreed by them that it is the express intention of the parties notwithstanding any other provisions in this Contract, that any changes in or additions to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor's costs and expenses, including those arising from any errors, omissions or imperfections in the Specifications and Drawings, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of contract, quantum meruit, or otherwise; provided, however, that Owner shall be liable to Contractor for the sum of the items set forth in Paragraph 7.9.2 herein in connection with any change in the Work, as determined in a Change Order, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to contractor for all costs, expenses and damages to Contractor, whether direct, consequential or otherwise in any wise incident to, arising out of, or resulting directly or indirectly from the work performed by Contractor under such Change Order. RR95 Pare 22 of ^ - 7.4 Unit Pricea RR95 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of work proposed will cause substantial inequity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. 7.4.1 Each unit price bid by the Contractor shall include all costs applicable to the work, including but not limited to mobilization, demobilization, labor, materials, equipment, supervision, delays, overhead at any level, and profit. 7.4.2 Either party may request an equitable adjustment. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above one hundred and fifteen percent (115') or below eighty -five percent (85') of the originally specified amount. If the quantity variation causes an increase in the time necessary for completion, the Owner, upon receipt of a written request for an extension of time within thirty (30) days from the recognition of the variation or within such further period of time as may be granted by written agreement signed by the Owner, will ascertain. the facts and make such adjustment for changing the completion date as in his judgment the findings justify. 7.5 Contractor's Claims for Additional Costs 7.5.1 If the Contractor wishes to make a claim for increase in the Contract Sum, he shall give the Owner and the A/E detailed written notice thereof which complies with Subparagraph 7.5.4 below, within thirty (30) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property. 7.5.2 The Owner, with the assistance of the A /E, shall determine the amount, if any, due the Contractor and shall notify the Contractor of its decision within a reasonable time. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. Page 23 of 57 7.6 Claims for Additional Time The Contractor shall make claims for additional time and time related damages in accordance with this Article and Article 6. 7.7 Minor Changes The A /E, with concurrence of the Owner, will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order which the Contractor shall carry out promptly. 7.8 Bar to Claims No claim shall be allowed for an adjustment under this or any other provision of the Contract if first asserted after final payment under this Contract. 7.9 Procedures for claims and Change Orders 7.9.1 The Contingency Allowance is in addition to any cost allowance provided for under the various sections. Expenditures from the Contingency Allowance must be made by Change Order issued by the A/E and approved by the owner. Any unused portion of the Contingency Allowance will be deducted from the final payment. RR95 7.5.3 If the Contractor disagrees with such decision, he shall provide Owner and A/E written notice of his objection within 30 calendar days of receipt of Owner's decision and shall proceed in accordance with the Contract. The Contractor's continued performance shall not constitute a waiver of the Contractor's claim provided that timely notice has been given. 7.5.4 Any claim should contain the following elements: (1) an analysis of the relevant Contract provisions, (2) a description of the facts, (3) a statement of why the particular facts warrant compensation under the terms of the Contract, (4) supporting cost or pricing data which conforms with the requirements of Paragraph 7.9.2 herein, (5) legal analysis, if appropriate, (6) expert opinion, if appropriate, (7) certification, and (8) a formal request for decision. All direct costs should be accurately documented in the claim, i.e., labor should come from payrolls, equipment from equipment reporting forms and materials should be based on invoices. Page 24 of 57 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 1 1 7.9.2 Lump Sum Proposal RR95 In responding to a request for a proposed price for a change in the work, or in submitting a claim for an increase in the Contract Sum, the Contractor shall furnish a lump sum proposal supported by a complete breakdown as described hereafter. Any request for a time extension must be justified and presented in adequate detail, showing that the proposed change will delay the final Contract Completion Date, to permit evaluation. .1 The proposal for the adjustment of work which a Subcontractor directly performs shall contain the following items: a) Estimated cost, using any discounts to the trades, of the materials and supplies used, which shall be itemized completely to include unit cost, quantity and total cost. b) Estimated wages and applicable federal and state employment taxes paid for skilled, semi - skilled or unskilled labor performing the additional work, which shall be itemized completely to include trade(s), hourly rate hours and total cost. Such wages shall include labor required for performance of the changed work only. Working foremen may be included; all other supervisors shall be excluded and shall be considered as a part of field supervision. Labor for supporting services, including but not limited to safety provisions, layout, and trash removal, shall be excluded and shall be considered as a part of overhead. c) Estimated cost to the Contractor for additional construction equipment used solely on the Change order work, to include rental rates or owned equipment rates for such items of equipment while in use, which shall be itemized completely to include type(s), the number(s) of each, hourly rate, hours and total cost. Equipment which is used regularly at the job shall be used in Change order work at no extra charge. Rental or owned equipment rates shall be no greater than those established by the AGC for the local area. As used herein the terms "construction equipment" and "equipment" shall include wheeled vehicles and small tools. d) Estimated transportation costs for delivery and handling of materials and supplies, bringing to and removing from the site additional construction equipment and /or new items of installed equipment, if applicable, which shall be itemized separately. Page 25 of 57 7.9.3 Submission Time RR95 e) Estimated off -site storage costs in excess of thirty (30) calendar days for new items of installed equipment, if applicable. f) Percentage permitted to be added to the total sum of a, b, c, d, and e above, to cover all field supervision (including superintendents), use of other tools and equipment already on the job as necessary for performance of the Change Order work, field and general home office services and expenses, interference with other work, adjustments to progress schedules and all other overhead (including bonds and insurance) and profit shall be 15%. .2 To the amount of the adjustment of the Subcontractor(s) as listed under paragraph 7.9.2.1 above, the Contractor will be allowed to add a percentage of 5t to cover all overhead expenses and profit, including supervision, small tools, insurance and bonds. It is to be expressly understood that when the Contractor performs the work with his own forces and there is no subcontractor involved, the Contractor will be allowed the 15t markup described hereinbefore and the 51; markup is then not applicable. .3 In cases where changes in the work result in a credit to the Owner, the credit shall be limited to direct costs; that is, no overhead or profit shall be applied to such costs. In cases where a change in the work results in both credits and charges to the Owner, the contractor will be allowed to add the overhead and profit percentages indicated in 7.9.2.1 and 7.9.2.2 to the net. charge based upon the amount by which the total charges exceeds the total credits; if there is a net credit no overhead or profit shall be charged. Contractor's proposals for changes in the contract amount or time for Change Order work shall be submitted within seven (7) calendar days of the Owner's or A /E's written request for same, unless the Owner or A/E extends such period of time in writing due to the circumstances involved. 7.9.4 Processing The Owner will undertake to formally process Owner /Contractor agreed Change Orders within thirty (30) calendar days of agreement, provided the Contingency Allowance is not exceeded. Page 26 of :7 8.1 Notice to Proceed RR95 In those cases where Change Order work causes the Contingency Allowance to be exceeded, approval of higher authority may be necessary and, if such approvals are necessary, the Owner will have thirty (30) additional calendar days to process such agreed Change Order. 7.9.5 Directive to Proceed If the Contractor's proposals are not timely received, or if such proposals are not acceptable to the A/E and /or the Owner, or if there remains a disagreement concerning any terms of a proposed Change Order, or if the Contractor fails or refuses to execute timely a Change Order, or if the changed work should be started immediately to avoid damage or delay to the Project, the Owner may, at his discretion, direct the Contractor to proceed with the changed Work. Such direction, if given orally, shall be confirmed in writing within seven (7) calendar days. .1 The issuance of a Directive to Proceed will not prejudice any of the Contractor's rights to make claims or to appeal disputed matters. 7.9 6 If the Contractor intends to assert a claim for an adjustment of cost or time over and above any adjustment already being granted in a Change Order, he must, within thirty (30) calendar days after receipt of a written Change Order, or oral or written Directive to Proceed with a proposed change, submit to the Owner a written 'statement setting forth in detail the nature and monetary extent of such claim. The Contractor shall certify that the claim is made in good faith and that the supporting data is current, accurate and complete to the best of his knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Owner is liable. The 30 -day period of time for submission of such claim may be extended only by written agreement signed by the Owner. 7.9.7 Except for claims based on defects in Specifications furnished by the Owner, no claim for any change shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as therein required. ARTICLE 8 - CONTRACT COMPLETION TIME Page 27 of 57 The Contract Time will begin on the date designated in the Notice to proceed issued by the Owner, and the Contractor is required to complete the Work in the time that is stated in the Contract, together with any extensions thereof. Should the Owner delay the Work, or any part thereof for any reason, the time for completion of the Work will be extended by an equivalent amount of time. 8.1.1 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 Progress and Completion 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Contract the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by delay in obtaining of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 Delays and Extensions of Time 8.3.1 The Contractor may be granted an extension of time because of changes ordered in the Contract, or because of strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties, inclement weather in excess of normal, or any cause beyond the Contractor's control which constitutes a justifiable delay. The Contract Time shall be extended by Change order subject to the following provisions. 8.3.2 Claims for extensions of time must be made in writing within thirty (30) calendar days after the occurrence of the delay. All time extension claims shall be supported by sufficient written evidence to justify the claim. In the case of a continuing cause of delay, only one claim is necessary. Claims for extensions of time shall be stated in numbers of whole or half calendar days. RR95 .1 In case of claims for extension of time because of inclement weather in excess of normal, such extension of time shall be granted only because such inclement weather prevented the execution of major critical items of work Page 28 of 57 RR95 which delayed the final completion of the Contract. 8.3.3 The Owner, with the assistance of the A /E, shall ascertain the facts and the extent of the delay and extend the time for completing the Work when, in its judgment, the findings justify such an extension of Contract Time. The Contractor's objection to such decision or claim for an extension in excess of that granted by Owner shall be preserved in accordance with the provisions of Article 7. 8.3.4 The Contractor shall have no claim for compensation or damages for delays or hindrances to the Work occasioned by any act or omission of the Owner, other provisions of the Contract notwithstanding, and further agrees that he shall be fully compensated for all delays solely by an extension of time. 8.3.5 No extension of time shall release the Contractor or the Surety furnishing a performance or payment bond from obligations thereunder, which obligations shall remain in full force until the discharge of the Contract. 8.4 Acceleration of the Work The Contractor is responsible for the timely completion of the work within the Contract Time. If, in the judgment of the Owner, the work is behind schedule and the rate of progress is inadequate to regain scheduled progress so as to insure timely completion of the entire Work or a separable portion thereof, the.Contractor, when so directed by the Owner, shall immediately take action'to accelerate the rate of progress by any one or a combination of the following or other suitable measures: .1 An increase in working forces. .2 An increase in equipment or tools. .3 An increase in hours of work or number of shifts. .4 Expedited delivery of materials. 8.4.1 The Contractor shall, within twenty -four (24) hours after being so directed, notify the Owner of the specific measures taken and /or plan to accelerate the rate of progress, together with an estimate as to when scheduled progress will be regained. Should the plan be deemed inadequate by the Owner, the Contractor will take additional steps as necessary until it meets with the Owner's approval. The accelerated rate of work will continue until scheduled progress is regained. Scheduled progress will be established from the Page 29 of 57 latest revised progress schedule for the Project. The Contractor shall not be entitled to additional compensation for the accelerated effort he applies to the Work under the terms of this subparagraph. 8.5 Failure to Complete Work on Time 8.5.1 The time set forth in the Contract for the completion of the Work is of the essence to the Contract. The Contractor's failure to complete the Work within such time will cause damage to the Owner. Where appropriate, the value of such damages may be stated in the Agreement and /or the Supplementary Conditions. 8.5.2 For each consecutive calendar day after the expiration of the Contract Time that the Work is not substantially completed and accepted, the amount per day as stipulated in the Contract will be deducted from the money due or to become due the Contractor, not as a penalty but as liquidated damages for additional contract supervision expenses and Owner's administrative costs in obtaining the use of the Work. , ARTICLE 9 - PAYMENTS AND COMPLETION 9.1 Contract Sum 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 Schedule of Values RR95 9.2.1 Upon execution of the Contract, the Contractor shall submit to the Owner and A/E a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule shall be used as a basis for reviewing the Contractors Applications for Payment. The provision of an adequate schedule of values is a condition precedent to the processing of the first Payment Application. 9.3 Applications for Payment 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of Page 30 of 57 RR95 values. Such application shall be supported by such data substantiating the work performed during the preceding calendar month as the Owner or Architect may require, and shall include an affidavit that all payrolls, bills for labor, materials, equipment or other indebtedness connected with such work have been paid or will be paid with thirty days after receipt of the Progress Payment. .1 Any request for release of retainage shall be accompanied by written consent of the Contractor's Surety. .2 The form of Application for Payment shall be AIA Document G702 "Application and Certification for Payment ", supported by AIA Document G702A "Continuation Sheet ". Unless otherwise stated in the Agreement, the Owner will retain, until Final Payment, five (5) percent of the amount due the Contractor. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may be made for materials and equipment suitably stored off the site. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include copies of bills of lading, invoices, delivery receipts or other evidence of the location and value of such materials. 9.3.3 All material and work covered by partial payments made shall thereupon become the sole titled property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made, or the restoration of any damaged work, or as a waiver of the right of the Owner to require fulfillment of all of the terms of the Contract. 9.3.4 Payments to the Contractor shall not be construed to release the Contractor or his Surety from any obligations under this Contract. 9.4 Certificates for Payment 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the 9.6 Progress Payments RR95 Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.5 Decisions to Withhold Certification 9.5.1 The Owner or the A/E may withhold, or on account of subsequently discovered evidence, may nullify that part of any certificate to such extent as may be necessary to protect the Owner from loss on account of: .1 defective Work not remedied; .2 damage to the work of another contractor; .3 failure to maintain scheduled progress; .4 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .5 persistent failure to carry out the Work in accordance with the Contract Documents; .6 reasonable evidence that the Work will not be completed within the Contract Time; .7 reasonable evidence that the work cannot be completed for the remainder of the Contract Sum. 9.6.1 After the Architect has issued and the Owner has approved a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in similar manner. Pa2c q2. „;- RR95 9.6.3 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the owner shall not constitute acceptance of work not in accordance with the Contract Documents. 9.7 Substantial Completion 9.7.1 The date of Substantial Completion of the Work or designated portion thereof is the date jointly certified by the A /E, Owner and Contractor when construction is sufficiently complete in accordance with the Contract Documents, that the Owner may utilize the Work, or a designated portion thereof, for the use for which it is intended. 9.7.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Architect shall prepare and submit to the Contractor a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which, upon approval by Owner, shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion 9.8 Partial Occupancy or Use 9.9 Final Completion and Final Payment RR95 thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.1 The Owner shall have the right to occupy or use any completed or partially completed portion of the project. In such an event, the Contractor shall not be entitled to any extra compensation on account of said occupancy by the Owner or by the Owner's normal full use of the Project, nor shall the Contractor interfere in any way with said normal full use of the Project, nor shall the Contractor be relieved of any responsibilities of the Contract including the required times of completion. Such occupancy by the Owner would not, in itself, constitute substantial completion. 9.8.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.8.3 Partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.9.1 Upon receipt of written notice that the work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner and the A/E will promptly make such inspection and, when the Owner and the A/E find the Work acceptable under the Contract Documents and the Contract fully performed, the Owner and the A/E will issue a final Certificate for Payment. 9.9.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect for transmittal to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the work for which the Owner or the Owner's property might be responsible have been paid or will be paid or otherwise satisfied within thirty (30) days after receipt of final payment from the Owner, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least thirty (30) days' prior written notice has been given to Page 34 of 57 the Owner, (3) consent of surety, if any, to final payment and, (4) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens and claims arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. 10.1 Safety Precautions and Programs 9.9.3 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: (1) faulty or defective Work appearing after Substantial Completion ; (2) failure of the Work to comply with the requirements of the Contract Documents; (3) terms of any special. warranties required by the Contract Documents. Acceptance of final payment by the Contractor shall constitute a waiver of all claims by the Contractor except those previously made timely in writing and specifically enumerated as unsettled at the time of Final Application for Payment; or (4) those claims previously made which remain unsettled at the time of final payment. 9.9.4 In compliance with Article 2752 of the Texas School Building Law, it is distinctly understood that by virtue of this Contract, no mechanic, Contractor, material man, artisan or laborer, whether skilled or unskilled shall in any manner have, claim or acquire any lien upon the house, building or any of the improvements of whatever nature or kind so erected or to be erected on this Contract or upon any so erected, built or situated. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY RR95 10.1.1 It is the Contractor's responsibility to ensure that all his employees, subcontractors and suppliers are trained in proper safety procedures for the type of work to be performed on the Project. Contractor will direct his employees, subcontractors and suppliers to notify the Owner immediately if they observe any unsafe work practices or conditions. Contractor shall provide his employees with state -of- the -art safety equipment necessary to the work in a safe manner. Contractor shall strictly adhere to all applicable statutes, laws, regulations, ordinances and guidelines, including, without limitation, those promulgated by OSHA, EPA, state, and City authorities. Page 35 of 57 10.2 Safety of Persons and Property RR95 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop the Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, or by written agreement of the Owner and Contractor This provision shall not apnLy to contrarrs for the abatement of asbestos ronraininq materials or other ha7arrrnu suhstanrps undertaken by d licensed abatement contractor. 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, Page 36 of 57 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible. 10.2.6 Trenching Safety Precautions: The Contractor shall submit to Architect trench reinforcement plans for any trench with a depth 5' -0" or greater. The trench reinforcement plan shall conform to all State (H.B. 662 and 665) and Federal statues presently in effect. Refer to Section 02200 - Earthwork, paragraph D.1 Stability of Excavations. 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at,the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor resulting from the emergency work shall be determined as provided in Article 7. ARTICLE 11- INSURANCE AND BONDS 11.1 Insurance 11.1.1 The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and certificates of such insurance have been filed with the Owner. 11.1.2 Unless otherwise provided for in Supplementary Conditions, the Contractor shall provide and maintain, until the Work is completed and accepted by the Owner, or for such longer period as may be required herein, the minimum insurance coverages as follow: RR95 promulgating safety regulations and notifying owners and users of adjacent sites and utilities. .1 Worke ' rompensariori coverage with limits of Page 37 of 57 RR95 liability as required by Statute. See page 51 -54 in the General of Conditions ( Article 11.1.2.1A). .2 Empinypr's Liability insurance with limits of liability in the amount of $100,000 each occurrence and $300,000 aggregate. 3 ('nmprehensive (;PnPral Tdahiliry insurance with an aggregate limit of one million dollars comprised of $500,000 each occurrence for bodily injury and $100,000 each occurrence on property damage. Comprehensive General Liability Insurance will cover liability for personal injury, liability for acts of independent contractors, liability in respect of completed operations /products, "broad form" liability for property damage (including completed operations), liability for property damage arising from "XCu" hazards, liability for contractual risks assumed in this clause; unless Contractor provides Owner's Protective Liability Insurance, Owner and its Officers, agents and employees will be added as named insureds of this insurance; all subcontractors will be added as additional insureds ThP insuranrp again r liahility in re4perr ro rrmplered nperatinng/prnalirt- will remain in effect fnr rwn full years following acceptance of the Work. 4 Comprehensive Automobile Liability insurance with limits of liability for bodily Injury of $300,000 each person and $500,000 each occurrence; for Property Damage, $300,000 each occurrence. 5 Owner's Protective Liability Insurance Policy. The Contractor shall obtain at his expense an Owner's Protective Liability Insurance Policy naming the Round Rock Independent School District, its officers, agents and employees, and the Architect /Engineer as Insureds, with the following limits: $500,000 each occurrence. 6 "umbrella" Tciahiliry coverage in the following amounts: for Contract value up to $3,000,000, liability limits of $1,000,000; for Contract value over $3,000,000 and up to $5,000,000, liability limits of $5,000,000; for Contract value over $5,000,000, liability limits of $10,000,000. 7 Builder's All Risk Tnsurance: Builder's All Risk shall be on an all -risk policy form and shall insure against the perils of fire and extended coverage, physical loss or damage, and including risks of full collapse, Page 38 of 57 RR95 with occupancy allowed for the benefit of Owner, and also including, at a minimum, theft, vandalism, malicious mischief, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. The Builder's Risk Insurance shall be provided in an amount equal at all times to the insurable value of the Work. The Policy shall have endorsements as follow: "This Insurance shall be specific as to coverage and not considered as contributing insurance with any present or permanent insurance maintained on the premises." .8 Flood Insurance when specified in Supplementary Conditions. .9 In any Contract for the abatement. removal. or Pnrapsillarinn of asbestos containing mareri,pls. the Contractor shall provide, according to the terms of this Article 11.I an "occurrence" type policy of Ashesros Abr mant Contractor's General Liability Insurance in the amount of $1,000,000 combined single limits. The policy shall protect the Contractor and all of his employees and workers, and shall name the Owner as an additional insured. A copy of the policy shall be provided Owner as soon as practicable after the award of the Contract and,prior to the execution of the Contract, so as to allow Owner ample time for review by insurance counsel. 11.1.3 Each required insurance policy shall be in a company lawfully authorized to do business in the State of Texas with an A.M. Best rating of "A" or .better, and shall expressly provide that it may not be cancelled for any reason without thirty days' notice to the Owner. 11.1.4 Prior to starting Work, the Contractor shall furnish to the Owner a complete copy of each insurance policy setting forth insuring agreements, conditions, exclusions, declarations and endorsements, pertaining to the Work. Any subsequent revisions to such policies shall be furnished promptly to the Owner. 11.1.5 Any loss insured is to be adjusted and made payable to the Owner as trustee for the insureds, as their interests may appear. The Contractor shall pay each Subcontractor a just share of any Insurance moneys received by the Contractor, and by appropriate agreement, written where legally Paze 39 of 57 required for validity, shall require each Subcontractor to make payments to his sub - subcontractors in similar manner. 11.1.6 The Owner and Contractor shall waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.1 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as trustee. The Contractor shall require, by appropriate agreement, written where legally required for validity, similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub- subcontractors. The Contractor waives as against any separate Contractor described in Article 6 all rights for damages caused by fire or other perils in the same manner as is provided above as against the Owner. 11.1.7 The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in in interest shall object in writing within five (5) days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, the matter shall be decided by a court of competent jurisdiction or as parties in interest otherwise agree. The Owner as trustee shall, in that case, make settlement with the insurers accordingly. 11.2 Performance Bond and Payment Bond Payment or performance bonds are not required on contracts of $25,000 or less. If the total contract price exceeds $25,000, the Contractor shall execute in accordance with the provisions of Article 5160, V.T.C.S., the following bond to the Owner: (1) Performance Bond in the amount of the total Contract Price conditioned upon the faithful performance of the Contract. Said bond shall be solely for the protection of the Owner. (2) Payment Bond in the amount of the total Contract Price, solely for the protection of those supplying labor, materials, and /or equipment in the prosecution of the Contract. 11.2.1 Each bond shall be executed by a corporate surety or corporate sureties, with an A.M. Best rating of "B" or better, duly authorized to do business and to issue surety bonds in the State of Texas. If any surety upon any bond furnished in connection with the Contract becomes insolvent, or otherwise not authorized to do business in this State, the Contractor shall promptly furnish equivalent security to protect the interests of the Owner and of persons supplying labor, materials and equipment RR95 Page 40 of 57 12.2 Correction of Work in the prosecution of the contract. 11.2.2 Each bond shall be accompanied by a valid Power of Attorney (issued by the surety company and attached, signed and sealed, with the corporate embossed seal, to the bond) authorizing the agent who signs the bond to commit the company to the terms of the bond, and stating on the face of the Power of Attorney the limit, if any, in the total amount for which he is empowered to issue a single bond. 11.3 The Contractor shall deliver the required bonds to the Owner before the Agreement is executed. ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements in the Contract Documents, it must, if required by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by'the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspection, additional Owner legal expenses, and compensation for the Architect's additional services made necessary thereby. RR95 12.2.2 If, within one year after the date of Substantial Pace 41 of 57 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time, the Owner may remove it and store the salvagable materials or equipment at the Contractor's expense. If, after written notice, the Contractor does not pay costs of such removal and storage, the Owner may sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor shall have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period RR95 Completion of the Work or designated portion thereof, or after the date for commencement of warranties established hereunder, or by terms of an applicable special warranty required by the Contract Documents, any of the work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract. Paee 42 of 57 of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 Acceptance of Nonconforming Work 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 - MISCELLANEOIIS PROVISIONS 13.1 Governing Law 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 Successors and Assigns 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13:3 Written Notice . 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 Rights and Remedies RR95 Pace .13 of 57 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 Tests and Inspections 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority. This shall be paid from out of the testing Allowance except as noted in 13.5.3. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so the Architect may observe such procedures. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that ,portions of the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract RR95 Page 44 of 57 13 6 Dispute Resolution Documents, be secured by the Contractor and promptly delivered to the Architect. If a dispute exists between the parties relating to this Agreement which the parties have not succeeded in resolving through the procedures set forth in Article 7, the parties agree to use the following procedure prior to either party pursuing other available remedies. If a dispute involves the Architect, the parties agree the following procedure may include the Architect as a party. 13.6.1. Informal negotiations. A meeting shall be held promptly• between the parties, attended by individuals with decision - making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. 13.6.2 Optional Neutral Third Party Expert. If resolution is not readily achieved by informal negotiations, the parties may agree to select a neutral third party to assist in resolution of the dispute before proceeding with formal mediation. If used, the neutral third party (NTP) shall be a person with expertise in the subject matter of the dispute and in the interpretation of contract documents, who is immediately available and who is acceptable to the parties. Depending or the nature of the dispute, the NTP may be a team of persons possessing the necessary expertise. 13.6.3. If a NTP is selected, the role of the NTP shall be defined by agreement of the parties, based on the nature of the dispute. It is intended that the NTP shall conduct a prompt on - site investigation and an informal hearing on the parties' positions, and render oral recommendations for resolution of the dispute, to the end that the parties may resolve the dispute expeditiously with a minimum of expense. 13.6.4. If a NTP is used, the recommendations of the NTP shall not be binding on any party. The fees and expenses of the NTP shall be shared equally by the parties to the dispute. The Owner shall pay the invoices of the NTP after review by all parties. The Owner will then bill the other party or parties for the remaining share(s) of such invoice. It is agreed that, if prompt payment of a parties' share of such invoice is not made, the Owner may set off the amount of such unpaid share against amounts owed by Owner to the party. RR95 Page 45 of 5 13.6.5. Formal Nonbinding Mediation. If, within 30 days after such meeting (or after the NTP process, if used), the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to formal, nonbinding mediation and to bear equally the costs of the mediation. 13.6.6. The parties will jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the Center for Public Resources if they have been unable to agree upon such appointment within 20 days from the conclusion of the negotiation or NTP period. 13.6.7. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of 30 days. If the parties are not successful in resolving the dispute through mediation, then the parties may agree to submit the matter to binding arbitration or a private adjudicator, or any party may seek an adjudicated resolution through the appropriate court. 13.6.8. At all times during the course of the dispute resolution process, the Contractor shall continue diligently and without delay to perform the services and obligations of the Contract Documents. 13.7 Educational Certification 13.7.1 Upon substantial completion of the project, the contractor shall sign a certification form,' provided by the Texas Educational Agency, stating that the project has been constructed in general conformance with the construction documents. A copy of the forms are included in the end of the General Conditions pages 55 and 56. ARTICLE 14 - TERMINATION OR SUSPENSION OP THE CONTRACT 14.1 Termination by the Contractor 14.1.1 If the Work is stopped for a period of forty -five (45) days under an order of any court or other public authority having jurisdiction (EXCEPT FOR ANY DELAYS OR STOPPING OF WORK BECAUSE OF THE LACK OF ANY PERMIT OR ANY INSPECTION FINDING NONCONFORMING WORK), or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor, Material Supplier or Vendor, or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, then the Contractor may, RR95 Pau 46 of 57 14.2 Termination by Owner upon ten (10) additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work executed including reasonable profit and overhead associated with such Work, and for any loss sustained upon any materials, equipment, tools, construction equipment and machinery. If the cause of the work stoppage is removed prior to the ten (10) day notice period, the Contractor may not terminate the Contract. 14.1.2 If, through no act or fault of the Contractor or a subcontractor or their agents or employees or any persons performing portions of the Work, the Owner, for a period of forty -five (45) days, defaults in its payment obligations under the Contract Documents, the Contractor may upon ten (10) additional days written notice to the Owner and the Architect, terminate the Contract and recover from Owner as provided in subparagraph 14.1.1. If the Owner determines that the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails to supply enough properly skilled workmen or proper materials, or if he p sis n ly performs substandard work or fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is responsible for a substantial violation of a provision of the Contract Documents, or fails to so prosecute the Work as to insure its completion within the Contract Time, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, ten days written notice, terminate the employment of the Contractor and take possession of the site and all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor. Should the Surety fail to respond within fifteen days following such notice and pursue completion of the Work with diligence acceptable to the Owner, the Owner may arrange for completion of the Work and deduct the cost thereof from the unpaid Contract Sum remaining, including the cost of additional Architect /Engineer services and Owner contract administration costs made necessary by such default or neglect, in which event no further payment shall then be made by the Owner until all costs of completing the Work shall have been paid. If the unpaid balance of the Contract Sum exceeds the cost of finishing the Work, including Owner's administrative costs and RR95 Pate 47 of 57 compensation for the Architect/ Engineers Additional Services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor or his Surety shall pay the difference to Owner. If the Owner sues the Contractor or surety on account of failure to pay such difference in cost upon demand, the Contractor and Surety will pay all costs in connection therewith, including reasonable attorney's fees. This obligation for payment shall survive the termination of the Contract. 14.3 Termination for Convenience of Owner Prior to or during the performance of the Work, the Owner reserves the right to terminate the Contract for unforeseen causes that may occur. Upon the occurrence, the following procedures will be adhered to: 14.3.1 The Owner will immediately notify the Architect /Engineer and the Contractor in writing, specifying the effective termination date of the Contract. 14.3.2 After receipt of the Notice of Termination, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due at that point in the Contract: RR95 a) Stop all work; b) Place no further subcontracts or orders for materials or services; c) Terminate all subcontracts; d) Cancel all material and equipment orders as applicable; e) Take action that is necessary to protect and preserve all property related to this Contract which is in the possession of the Contractor. 14.3.3 Within 180 days of the date of the Notice of Termination, the Contractor shall submit a final Termination Settlement Proposal to the owner based upon costs up to the date of termination, reasonable profit on work performed, and reasonable demobilization costs. If the Contractor fails to submit the proposal within the time allowed, the Owner may determine the amount due to the Contractor because of the termination and shall pay the determined amount to the Contractor. Page 48 of ARTICLE 15 - PREVAILING WAGE RATES. 15.1 At the end of the General Conditions page 57, is a schedule headed "Prevailing Wage Scale ", wherein is set forth, among the other data, an hourly base wage rate (base wage does not include benefits or pension) for each of various classifications of construction workmen and mechanics. As required by Article 5159 (a), VACS, the Board of Trustees of Round Rock Independent School District has ascertained and does specify that the general prevailing rate of per diem wages (for eight hours of work during regular working hours on a day not a Saturday or Sunday or holiday), in the locality in which the Work is to be performed, is eight times the hourly base wage so listed for each respective craft or type of workman or mechanic needed to execute the Contract; also that the prevailing rate for legal holiday and overtime work (in excess of forty hours in such work week) shall be not less than one and one -half times the hourly base wage rate. The Contractor shall forfeit as a penalty to Round Rock Independent School District ten dollars ($10.00) for each laborer, workman or mechanic employed for each calendar day, or portion therof, such laborer, workman or mechanic is paid less than said stipulated rate for any work under this Contract by the Contractor or by any Subcontractor under him. Round Rock Independent School District may withhold additional funds as appropriate when confronted with wage rate violations. 15.2 The District may request random samples of Contractor's and Sub- contractor's payrolls without warning. The District may conduct random employee interviews across various trades, on site, with no warning. 15.3 Wage Rates issued herein shall remain in effect for the duration of this Contract. ARTICLE 16 - OWNERS RIGHT TO EXAMINE RECORDS 16.1 Contractor's records and records of any of the Contractor's affiliates, subsidiaries or parent companies shall be subject to inspection in connection with this contract. "Records" shall include but not be limited to accounting records (hard copy, as well as computer readable data if it exists and /or if it can be made available), written policies and procedures; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; and any other supporting evidence reasonably RR95 Page 49 of 57 deemed necessary by the Owner to substantiate charges related to this contract any other supporting evidence necessary to substantiate charges related to the contract (both direct and indirect costs, including overhead allocations as they may apply to costs associated with the contract). (all foregoing hereinafter referred to as "records ") shall be open to inspection and /or reproduction by Owner's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of Cost of the Work, the appropriateness of the adjusted guaranteed maximum, the quality of the work installed; and /or any invoices, change orders, or claims submitted by the contractor. 16.2 Such examinations may require inspection and copying from time to time and at reasonable times and places of any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in owner's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Document. Such records shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this contract. 16.3 Contractor shall require all subcontractors and major material suppliers (payees) to comply with the provisions of this article by insertion of the requirements hereof in a written contract agreement between Contractor and payee. Such requirements will also apply to Subcontractors and Sub- - Subcontractors, etc. Contractor will cooperate fully and will cause all related parties and all of Contractor's subcontractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or in making available to Owner from time to time whenever requested in an expeditious manner any and all such information, materials and data. RR95 Page 50 of 57 RR 95 Texas Workers' Compensation Commission Figure 1: 28 TAC 5110.110 (c)( Article 11.1.2.3A. Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the 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. Persons providing services on the project ( "subcontractor" in 5406.096) - 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. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which 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. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. 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 Page 51 of 57 or extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven 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. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. 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. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: ( ( provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which 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; (2) 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; (3) provide the contractor, prior to the end of the Page 52 of 57 J. 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. X. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ?P oS 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; (4) obtain from each other person with whom it contracts, and provide to the contractor : (a) a certificate of coverage, prior to the other person beginning work on the project; and 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; (5) retain all. required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 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 contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. ( (b) Page 53 of 57 RR 95 Texas Workers' Compensation Commission Figure 2: 28 TAC §110.110 (d)(7) REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site, or providing services related to this construction project must be covered by workers'.compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512- 440 -3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." Page 54 of 57 RR95 INSTRUCTIONS FOR C01eLETION 0P "CERTIFICATION OF PROJECT COMPLIANCE "FORTH Section 1. Identify the following: • =at Cad address of the school fieili y • the Architec uTgiaeer and Contracts: - the school diurice'S project =Ibex (if applituble) - the date of execution of the Construction contact name, address sad telephone number of the school district • the date that the school district authorized the superintendent to hire an architectfenginee• - scope of the project. Section 2. This section outlines the intent of the document. No action required. Section S. This section is to be executed by the school district upon transmittal of the leforuutioa (as ltatert) to the arehitect/eaginets and is to remain in the custody of the school district throughout the entire project. Section 4. This section. is to be-executed by the architect/engineer upon completion of the plans and speufintions aid in conjunction with the completion of the plan review for code compliance (ref. 19 TAC 161.104, School facilities Standar is) and returned to the school d'istrict's files. Section 5. This section is to be executed by the contractor upon substantial completion of the projr,..t and retained in the school district's files. Section 6. This section is to be ezeeuted by the school district upon secepunce rd oecuptny of t.rr a project NOT DO NOT SUBMIT THIS DOCUMENT TO THE TEXAS EDUCATION AGENCY. The school district will retain this document in their files indefinitely until review and/or submittal is required by representatives of tb• now F.t,,..y Agency. P ace 55 of 57 1.PROJECTTNFORIYIATION: ARCEITECT/ENGII1 ER: (name, address) CONTRACTOR PROJECT N27MBER: CONTRACT DATE: DISTRICT: !DATE DLST ICT AVTSORIZES PROJECT: 73RTEF DESCR>PTION OF PROJECT: ARCBITECTIFNGINR: BY: DATE: CONTRACTOR: DISTRICT: RR95 Distribution tot District u Archftect/Engineer Contractor u Tau Education Agency Other • rt Building Department BY: DATT: BY: DATE: Page 56 of 57 2.CERTLEICATION OF DESIGN AND CONSTRUCTION The intent of this document is to assure that the school district has provided to the architect/engineer the required information and the architect/engineer has•reviewed the School Facilities Standards as required by the State of Texas, and Cued his/her reasonable professional judgment and care In the archhecnurallea,.ineering design and that the contractor has constructed the project fa a quality manner in general conformance with the design requlremeau and that the school district certifies to project completion. 3. The District certifies that the enrollment projecdons, educational specifications and objectives of the facility along with the identified building code to be used have been provided to the architect/engineer. DISTRICT: BY: DATE: 4. The Architect/Engineer certifies the above information was received from the school district, and that the building(s)Were designed In accordance with the applicable building codes. Further, the facility has been designed to meet or exceed the design criteria relating to space (minimum square footage), educational adequacy, and consnucdon quality as contained in the School Facilities Standards as adopted by the State Board of Eduatlon, July 1992, and as provided by the district. S. The Contractor certifies that this project has been constructed in general conformance with the construction docnmenu as prepared by the architect/eaglneer listed above. 6. The District certifies completion of the project (as defined by the architect/engineer and contractor) ROUND ROCK I.S.D. PREVAILING WAGE SCALE 1 CLASSIFICATION HOURLY RATE MINIMUM I Carpenter Helper $ 5.55 Electrical Helper 5.55 HVAC Helper 5.55 I Finish Carpenter Helper 6.30 Maintenance Repair 6.30 I HVAC Mechanic I 7.20 I Pressman II 7.20 Carpenter 8.05 1 Plumber 8.05 Electrician Lead 9.15 1 HVAC Mechanic III 9.15 Plumber Lead 9.15 1 Mechanic Lead 9.15 Carpenter Foreman 10.45 1 Electronic Tech III 11.90 Elecuician Foreman 11.90 1 HVAC Foreman 11.90 Plumbing Foreman 11.90 1 Roofer -Metal 7 Roofer - Built -Up 8.37 I Kettieman 6.56 Wa[erproofer 7.88 1 1 UNDER NO CIRCUMSTANCES WILL AN EMPLOYEE BE PAID LESS THAN THE CURRENT FEDERAL MINIMUM WAGE. 1 1 RR 95 Page 57 of 57 1 5.0 SPECIAL CONDITIONS 1 1 SECTION 01- INFORMATION 01 - 01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any ' particular position for the Owner. 01 - 02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED 1 The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will famish 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 1 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 $250.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 1 specond.mst/spec SC -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 1 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 CONSmERATIONS 1 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 1 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 specond.mst/spec SC - Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE 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 or 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. specond.msdspec SC - 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. specond.mst/spec SC - 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 constnict 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 specond.mst/spec SC - constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a pennit 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 City of Round Rock 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. specond.mst/spec SC -6 d. On all new or remodeling building uroiects: 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. specond.mst/spec SC - 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 specond mst/spec SC -8 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. specond.mst/spec SC -9 6.0 TECHNICAL SPECIFICATIONS (GENERAL & CIVIL) ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK 1.02 GOVERNING TECHNICAL SPECIFICATIONS 2.01 CLEAN-UP Ip- techspec.spc The work covered by these Specifications consists of furnishing all labor, equipment, materials and performing all operations in connection with the construction of Luther Peterson Subdivision complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 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. Applicable to work shown on Plan Sheets C -lA - C -12A, C -1B - C -11B, and C - C - 8C. 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. RRISD VEHICLE MAINTENANCE FACILITY AND JOINT USE FUEL & WASH FACILITY Technical Specifications in Volume 2 are applicable to work shown on the following Plans: Architectural, Structural, Mechanical, Electrical, Fuel System and Landscape. ITEM 2 CONTROL OF WORK TS -1 2.01.1 CONSTRUCTION SITE 2.01.2 BACKWORK 2.02 GRADING techspec.utllspce.ew During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. 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. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. TS -2 1 1 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 - hours in advance ' of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 1 3.03 CONSTRUCTION STAKING 1 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 comers, 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 comers, etc., shall be replaced by the Contractor at the Contractor's sole expense. ITEM 4 PROTECTION AND PRECAUTION 1 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. 1 tachspec.uu /spec.aw TS -3 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 techspec.utllspec.ew The Contractor than be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. 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 5.02 MATERIALS AND WORKMANSHIP techspec.uWspec.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 Item No. Cate ry Description Technical Specifications 101 Preparing ROW 2 102 Clearing and Grubbing 1 110 Street Excavation 2 111 Excavation 1 132 Embankment 3 201 Subgrade Preparation 2 210 Flexible Base 3 220 Sprinkling for Dust Control 1 230 Rolling (Flat Wheel) 1 232 Rolling (Pneumatic Tire) 2 234 Rolling (Tamping) 1 236 Rolling (Proof) 2 301 Asphalt, Oils, Fmrrlsions 6 306 Prime Coat 2 340 Hot Mix Asphaltic Concrete Pavement 8 360 Concrete Pavement 26 401 Structural Excavation & Backfill 6 403 Concrete for Structures 7 405 Concrete Admixtures 2 406 Reinforcing Steel 5 408 Concrete Joint Materials 2 409 Membrane Curing 2 410 Concrete Structures 16 430 Concrete Curb and Gutter 2 433 Concrete Driveways 2 501 Jacking or Boring Pipe 3 503 Frames, Grates, Rings and Covers 1 505 Encasement and Encasement Pipe 1 506 Manholes 5 508 Misc. Structures & Appurtenances 4 509 Trench Safety Systems 2 510 Pipe 45 511 Water Valves 6 559 Concrete Box Culverts 5 591 Riprap for Slope Protection 2 594 Gabions 5 601 Salvaging & Placing Topsoil 1 604 Seeding for Erosion Control 3 606 Fertilizer 1 639 Rock Berm 1 641 Stabilized Construction Entrance 1 642 Silt Fence 2 824 Traffic Signs 4 825 Street Name Signs 3 843 Ducts 4 860 Pavement Marking Paint 6 863 Reflectorized Pavement Markers 2 rp- techspa.spc CIVIL SPECIFICATIONS Table of Contents TS -6 No. of Pages 7.0 PLANS Item 1 GENERAL DESCRIPTION PLANS 1.01 The work covered by the Plans listed in this section consists of furnishing all labor, equipment, materials, and performing all operations in connection with the construction of the Luther Peterson Subdivision complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents 1.02 PLANS The construction drawings listed below form a part Documents: STREET AND DRAINAGE IMPROVEMENTS WATER AND WASTEWATER IMPROVEMENTS PAVING & DRAINAGE IMPROVEMENTS ARCHITECTURAL STRUCTURAL MECHANICAL ELECTRICAL FUEL SYSTEM LANDSCAPE P -1 Sh. Sh. Sh. Sh. Sh. Sh. Sh. Sh. Sh. of the Contract C -1A - C -12A C -1B - C -11B C -1C - C -8C A1.1 - A8.1 S1- S5.2 M1, M2, Pl -P3 El -E8 Fl - F2 L1 8.0 GEOTECHNICAL REPORT t 1 1 il , 1 1 AAA95- 055 -00 June 14, 1995 Mr. Tom Phillips Round Rock ISD 1311 Round Rock Avenue Round Rock, Texas 78681 Mr. Robert L. Bennett The City of Round Rock 2008 Enterprise Round Rock, Texas 78664 RE: Geotechnical Study Oakmont Center South Round Rock, Texas Enclosed is our report of the Geotechnical Study at the site proposed for the Oakmont Center South in Round Rock, Texas. This engineering report has been prepared for the use of Round Rock ISD, The City of Round Rock, and their consultants for foundation design purposes in accordance with accepted Geotechnical Engineering practices. This report may not contain sufficient information for purposes of other parties or other uses. We appreciate the opportunity to be of service to you on this project and are looking forward to providing quality assurance /quality control services during construction. Please give us a call if you have any questions or if we can be of further assistance. Very truly yours, RABA - KISTNER - BRYTEST CONSULTANTS, INC. M.Q. Stapp, Jr., P.E Senior Consultant MQS /GWR:cli Raba - Kistner- Brytest Consultants, Inc. 8200 Cameron Road, Suite C -154 Austin, TX 78753 (512) 339-1745 FAX (512) 339-6174 Gary Presiden Engineers, Geologists, Chemists, Water Planners, Hygienists and Environmental Scientists iPa.Ps.- , D.Eng., P.E. GE0- 1985 -C-C :AA95 -055.RPT Austin • Temple • El Paso • San Antonio PAGE SUBSURFACE EXPLORATION AND LABORATORY TESTS 1 GENERAL SUBSURFACE CONDITIONS 2 FOUNDATION ANALYSIS AND RECOMMENDATIONS 2 FOUNDATION CONSTRUCTION 4 EXPANSIVE SOILS 5 PAVEMENT RECOMMENDAITONS 5 PAVEMENT CONSTRUCTION GUIDELINES B LIMITATIONS 8 Figure 1 Site Location Map Figure 2 Plan of Borings Figures 3 through 18 Logs of Borings Figure 19 Legend Figure 20 Soil Design Values AAA95- 055 -00 June 14, 1995 TABLE OF CONTENTS Raba- xUmer -sryte t cansuhana lro. GEOTECHNICAL STUDY OAKMONT CENTER SOUTH ROUND ROCK, TEXAS RKBCI Project No. AAA95 055 - 00 SUBSURFACE EXPLORATION AND LABORATORY TESTS The location of the project is shown on the attached Site Location Map, Figure 1. Subsurface materials and conditions at the site were evaluated by sixteen core borings drilled at the locations shown on the attached Plan of Borings, Figure 2. These borings were drilled in general accordance with ASTM D -420 procedures. Seven borings were drilled to depths of 15 to 25 feet below grade within the planned building areas. Nine borings were drilled to a depth of 5 feet below grade in the proposed pavement areas. Soil samples were obtained by Shelby tube samplers and rock cores were obtained by a double -tube core barrel. Each sample was classified in the laboratory. The geotechnical engineering properties of the strata were evaluated by the following tests: Type of Test Number Conducted Moisture Content 31 Atterberg Limits 16 Minus 200 Sieve 14 Unconfined Compression 20 Unit Dry Weight 20 Hydrometer Analysis 2 The results of the laboratory tests are presented in numerical form on the Logs of Borings as illustrated on Figures 3 through 18. A key to classification terms and symbols used on the logs is presented on Figure 19. Samples will be retained in our laboratory for thirty days after submittal of this report. Please notify us in writing prior to this date if longer storage is required. Raba- Rtstner-Brytest Consuhant& Inc l 1 J AAA95- 055 -00 Page 2 GENERAL SUBSURFACE CONDITIONS In general, the subsurface materials encountered from the ground surface down in the building borings B -1 through B -7 consist of: 0.4 to 3.3 feet of dark brown clay; 9.0 to 12.0 feet of light tan and light gray limestone (bottom of B -1); and, gray limestone down to at least the bottom of Borings B -2 through B -7. The primary limestone is known geologically as the Georgetown Formation and is of Lower Cretaceous Age. The building borings B -1 through B -7 were advanced dry to depths ranging from 0.5 to 3.3 feet and groundwater was not detected above these depths. The pavement borings P -1 through P -9 were advanced dry and groundwater was not detected above the 5.0 -foot depth. Groundwater is likely present in the upper limestone during wet seasons. FOUNDATION ANALYSIS AND RECOMMENDATIONS Available information indicates that the structures will be one story tall with low to moderate Toads. Based on the results of the Atterberg limits tests the shrink /swell potential of the clays generally falls in the high range. With a moisture increase the clays will undergo volume increases, if free to expand, or they will generate excessive upward forces, if restrained by vertical loads. With a moisture decrease the clay will shrink. The final selection of the foundation types should be based on considerations of several factors such as: 1) Strength properties, expansive qualities, and uniformity of subsurface materials; 2) Magnitude of structural loads; 3) Flexibility of the structures with respect to withstanding differential vertical movements without damage; and 4) Foundation construction costs. Subsurface materials have been evaluated with respect to: 1) Near - surface, grid -type beam and slab foundations; and 2) Pier foundations on the gray limestone. Uaba- Sbener- erytest Caw,hanis.Inc AAA95- 055 -00 Page 3 Details and results of these evaluations are discussed in the following paragraphs for consideration along with the other factors in the final selection of the foundation types. Near - Surface Grid -Tvpe Beam and Slab Foundations: The foundations may be designed using the criteria in Report No. 33 to the Federal Housing Administration entitled "Criteria for Selection and Design of Residential Slabs -on- Ground" prepared by a Special Advisory Committee of the Building Research Advisory Board. A climatic rating (Cw) of 18 can be used for the project site in Round Rock, Texas. The effective plasticity index, support index, and unconfined strengths for the individual borings are summarized on attached Figure 20. The soil design values for the core borings in each building area should be used in designing the foundations. The potential upward movements of the gird -type beam and slab foundations have been estimated by a method devised by Mr. Chester McDowell, based on the Atterberg limits of the soils. Results of the potential vertical rise studies are shown by the PVR values on attached Figure 20. The stratum of expansive soil is generally thin enough (less than 2 feet except in B -1) so that it can be economically replaced with a compacted non - expansive select fill. The following soil design values may be used in connection with the design of the foundations according to B.R.A.B. Report No. 33 if the existing clays are replaced with a properly compacted non - expansive select fill. Design Values B.R.A.B. Report No. 33 Climatic Rating (Cw) = 18 Effective PI = <15 Support Index, C = 1.00 Unconfined Compressive Strength = 3,200 psf Foundations on the Gray Limestone: Based on considerations of strength properties, expansive qualities and uniformity of subsurface materials, the gray limestone is the most desirable material for supporting heavy structural loads. The surface of the gray limestone was encountered at depths ranging from 10.6 to 12.9 feet below the existing ground surface except in B -1 where the gray limestone was not encountered. auger excavated straight shaft piers will provide a desirable means of transmitting structural loads to the gray limestone. Raba- Aistner- Brytest Consultants. Inc Page 38 Page 66 Page 53 AAA95- 055 -00 Page 4 Stress - strain curves for strength tests on the gray limestone indicate that it will act as an elastic material within the range of proposed loads. Based on the typical minimum strength and the Elastic Theory equation, an allowable unit load of 25 tons per square foot can be used for piers on the gray limestone with a safety factor of 3 against a perimeter shear failure. The piers should be at least 18 inches in diameter and should penetrate the gray limestone at least 24 inches. FOUNDATION CONSTRUCTION fear- Surface- Grid -Tvoe Beam and Slab Foundation: After the vegetation has been removed from the sites and the soils have been excavated above the light tan and light gray limestone, the non - expansive select fill should be constructed as follows. Materials used as select structural fill preferably should be a crushed stone or gravel aggregate. It is recommended that materials specified for use as select structural fill meet the Texas Department of Transportation 1993 Standard Specification for Construction of Highways, Streets, and Bridges Item 248, Type A, Grade 2 (crushed stone) or Type B, Grade 2 (gravel aggregate). Fine grained sands or clayey sands should not be considered as a substitution without written approval of the Geotechnical Engineer. Select structural fill should be placed in loose lifts not exceeding 8 inches in thickness and compacted to at least 95 percent of maximum density as determined by TxDOT, Tex -113 -E Compaction Test. The water content of the fill should be maintained within 3 percent (above or below) of the optimum water content until permanently covered. A vapor barrier consisting of 6 to 8 mil polyethylene sheeting should be placed directly on the prepared subgrade or fill soils. At least 4 inches of clean, washed, free - draining, natural sand should be placed on top of the polyethylene sheeting. The sand should conform to the American Society for Testing and Materials "Standard Specifications for Concrete Aggregates" ASTM C33 -92a ", (fine aggregate for concrete). The concrete slab is then placed directly on top of the moistened concrete sand which will also aid in promoting even curing of the plastic concrete. Foundations on the Grav Limestone: Variations in the depth to the desired gray limestone will require variations in the pier depths during construction. In the event that groundwater is encountered during the pier drilling operations, temporary steel casings should be installed from the ground surface down into a continuous limestone layer below the water- bearing zone. Therefore, the bid schedule should include pay items for constructing the piers with, and without, the use of temporary steel casings on a unit price basis. Raba- Kistner- Bryttst Conwharns Inc o- FLEXIBLE PAVEMENT SECTIONS Area /Material Minimum Recommended Thickness in Inches Heavy Duty Pavement Hot Mix Asphaltic Concrete (TxDOT Item 340, Type D) Crushed Limestone Base Material (TxDOT Item 247, Type A, Grade 2) 2 15 Standard Duty Pavement Hot Mix Asphaltic Concrete (TxDOT Item 340, Type D) Crushed Limestone Base Material (TxDOT Item 247, Type A, Grade 2) 1 -1/2 10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - 1 1 AAA95- 055 -00 Page 5 Pier excavations should be checked for size and to see that all loose material has been removed and that they penetrate the desired limestone at (east 24 inches. Foundation concrete should be placed as soon as practical after completion of the drilling operations. EXPANSIVE SOILS The expansive soils should be removed from the building area and replaced with compacted non - expansive fill in order to use a soil- supported floor slab for the buildings supported by piers on the limestone. Construction of the compacted select fill should be in accordance with the foregoing paragraphs regarding the construction of the near - surface grid -type beam and slab foundation. PAVEMENT RECOMMENDATIONS These recommendations are based on the assumption that the final pavement grades will provide adequate drainage for the pavement areas and that water will not be allowed to enter the pavement system by either edge penetration adjacent to landscape areas or penetration from the surface due to surfacing ponding, or inadequate maintenance of pavement joints, or surface cracks that may develop. Recommended minimum pavement sections are shown below for both the standard duty pavement areas and heavy duty pavement areas. These recommendations are based on our previous experience with similar soil conditions. Traffic loading data was not available for a detailed pavement design study. Raba-Kluaer.Brytest Consultants. Inc AAA95- 055 -00 RIGID PAVEMENT SECTIONS Rigid pavement should be considered for use in areas that typically receive larger delivery truck and bus traffic and at entrances where traffic is channelized. Concrete used for rigid concrete construction should have a minimum 28 -day flexural strength of 600 psi. This is approximately equivalent to a minimum 28 -day compressive strength of 4,000 psi. Other rigid pavement design recommendations are provided below. Reinforced Concrete Pavement Thickness Maximum Individual Slab Dimensions Reinforcement Size Reinforcement Spacing Load Transfer at Joints, Dowel Size Load Transfer at Joints, Dowel Length Load Transfer at Joints, Dowel Spacing Crushed Limestone Base Material PAVEMENT CONSTRUCTION GUIDELINES Page 6 5.0 inches = 25 feet x 25 feet = No. 3 Deformed Bars = 18 inches on centers each way = 3/4 inch diameter smooth bars = 18 inches (one end treated to slip) = 12 inches on centers along each joint = 4 inches Drainage Considerations: As with any soil- supported structure, the satisfactory performance of a pavement system is contingent on the provision of adequate surface and subsurface drainage. Insufficient drainage which allows saturation of the pavement subgrade will greatly reduce the performance and service life of the pavement systems, even when the system is constructed using either typical cross section guidelines or design recommendations based on site - specific soil testing. Surface and subsurface drainage considerations crucial to the performance of pavements at this site include (but are not limited to) the following: 1) Any known natural or man -made subsurface seepage at the site which may occur at sufficiently shallow depths as to influence moisture contents within the subgrade should be intercepted by drainage ditches or below grade french drains. 2) All surface drainage should be directed away from the pavement and curbs. Final site grading should eliminate isolated depressions adjacent to curbs which may allow surface water to pond and thus to increase infiltration into the underlying soils. Curbs should be installed to sufficient depth to reduce infiltration of water beneath the curbs. Beal- Alstner- Erytest Consuhants Int AAA95- 055 -00 Page 7 3) Pavement surfaces should be maintained to minimize surface ponding and to provide rapid sealing of any developing cracks. These measures will help reduce infiltration of subsurface water downward through the pavement section. Subgrade Preoaration: Subgrades to support pavements should be stripped of all existing vegetation. The exposed subgrades should be constructed, shaped and compacted in accordance with the TxDOT Item 110. The subgrade should be scarified to a minimum depth of 6 inches and recompacted to 95% to 100% of the maximum dry density and at optimum moisture ± 3% as determined by TxDOT Tex -113 -E Compaction Tests. Fill Material: Fill material should be free of organic and other deleterious materials. The fill should be placed in maximum loose lifts of 8 inches and compacted to a minimum of 95% and not more than 100% of the maximum dry density at optimum moisture ± 3% as determined by TxDOT Tex -113 -E Compaction Tests. Flexible Base Course: Materials used for flexible base should be crushed limestone conforming to TxDOT, Standard Specifications, Item 247, Type A, Grade 2. The base course should be placed in maximum loose lifts of 8 inches and compacted to a minimum of 100% of the maximum dry density at optimum moisture ± 2% as determined by TxDOT Tex -113 -E Compaction Tests. Asohaltic Concrete: The hot mix, hot -laid asphaltic concrete used for the surface course should conform to TxDOT Standard Specifications, Item 340, Type D, and should be compacted to a minimum of 92% of the maximum theoretical density as determined by TxDOT Tex -227 -F laboratory test procedures. Portland Cement Concrete: The Portland cement concrete should meet the TxDOT Item 360 specifications. The concrete should be air - entrained to result in a 4 percent ± 1 percent air content, should have a maximum slump of 2 inches (before the addition of a plasticizer), should be consolidated with mechanical vibrators, and should have a minimum 28 -day compressive strength of 4,000 psi. A liquid membrane - forming curing compound should be applied as soon as practical after broom finishing the concrete surface. The curing compound will reduce the loss of water from the concrete. The reduction in the rapid Toss in water will reduce shrinkage cracking of the concrete. Concrete Jointing: Joints are typically provided in concrete pavements to aid in construction and control the location and magnitude of cracks. Where practical, construction, expansion, control, and sawed joints should be designed to form square panels not exceeding ACI 302.1 R and 316R Code Recommendations. However, this is not to imply that rectangular panels cannot be used. All control joints should be Raba- Slstner- Brytest Consultants. Inc AAA95- 055 -00 Page 8 formed or sawed to a depth of at least 1/4 the thickness of the concrete slab and with a maximum width of 1/4 inches. Sawing of control joints should begin as soon as the concrete will not ravel, generally no later than the day after placement. Control joints may be hand formed or formed by using a remolded filler. We recommend that all longitudinal and transverse construction joints be keyed. Expansion joints are needed to separate the concrete slab from fixed rigid objects such as drop inlets, light standards, and buildings. Expansion joint spacing should not exceed 120 feet, and no expansion or construction joints should be located in a swale or drainage collection location. We recommend that the concrete pavement be reinforced with steel reinforcing bars to bond any cracks together. The reinforcing steel should be positioned approximately 1 /3 the slab thickness below the surface, but not less than 2 inches and should Q continue across construction joints. If possible, the pavement should develop a minimum slope of 1.5% to provide surface drainage. Reinforced concrete pavement should cure a minimum of 3 and 7 days before allowing automobile and truck traffic, respectively. LIMITATIONS The analyses and recommendations submitted in this report are based on: a) the data obtained from sixteen exploratory borings drilled at this site; b) the assumption that the site grading will result in only minor changes in the existing topography; and c) project information provided by the structural engineer. This report may not reflect the exact variations of the subsurface conditions across the site. The nature and extent of variations across the site may not become evident until construction begins. If variations then appear evident, it may be necessary to reevaluate our recommendations after performing on -site observations and tests to establish the engineering significance of the variations. If the final grade elevations are substantially different from the existing grades, our office should be informed about these changes. Significant changes may require re- examination and analyses to evaluate the effects of the changes on the foundation recommendations provided herein. Raba- Kutner- Brytest Consuhams. June 14, 1995 Geotechnical Study Oakmont Center South Round Rock, Texas Prepared For: Round Rock ISD 1311 Round Rock Avenue Round Rock, Texas 78681 Attn: Mr. Tom Phillips and The City of Round Rock 2008 Enterprise Round Rock, Texas 78664 Attn: Mr. Robert L. Bennett Prepared By: Raba - Kistner - Brytest Consultants, Inc. 8200 Cameron Road, Suite C -154 Austin, Texas 78754 -3822 RKBCI Project No. AAA95- 055 -00 Distribution: Round Rock ISD (1) City of Round Rock (1) Baker - Aicklen & Associates (1) Raba - Khmer- 6rytesi Ccnsuhants.lnc M.O. Stapp, Jr., P.E. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 ' L Raba - Kistner - Brytest 1 Consultants, Inc. JOB NO. AAA95- 055 -00 JUNE 1995 OAKMONT CENTER SOUTH ROUND ROCK, TEXAS SITE LOCATION MAP FIGURE 1 El Raba-Kistner-Brytest Consultants, Inc. JOB NO. AAA95-055-00 JUNE 1995 OAKMONT CENTER SOUTH ROUND ROCK, TEXAS , PLAN OF BORINGS FIGURE 2 MIN NM MI • NM MS =I MI In NM • NM • EMMEN. MI UM NM ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pcf MC % LL % MA PI -200 % % Du td ROD % PP of — - C LAY, dark brown to brown with trace calcareous particles 33 71 33 38 3.2 - ... 1°11° BB 33 1.1 • 3.5 —2.5 At _ 0 — LIMESTONE, light tan and light gray _ with some alternating severely weathered limestone, clay layers and fossils —5 -Cored from 3.3' to 5.8' and — = recovered 32% — -Cored from 5.8' to 8.6' and recovered 36% • 0 : MIIIMIMMI —7.5 - -Cored from 8.6' to 10.2' and recovered 100% 32 a —10 -Cored from 10.2' to 15.0' and a — - recovered 88% - 130 10 7 70 6M=I —12.5 131 11 8.2 —15 r.-.= —17.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -23 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING 1 Elevation: Station: Caving: Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -23 -95 L Raba-Kistner-Brytest Consultants, Inc. Note: Boring was advanced dry to 3.3 feet and groundwater was not detected above that depth. (*)Indicates slickensided failure. Figure 3 Raba - Kistner - Brytest Consultants, Inc. I ELEVATION/ DEPTH SOB. SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pcf MC % e PI .200 % % Ou 1 .1 ROD % PP 1.f —0 I . CLAY, dark brown with trace 22 84 28 36 87 4.0 — - _ :calcareous particles and limestone fragments D Imm — - - LIMESTONE, light tan and light gray with some alternating severely weathered limestone, clay layers and fossils - - -Cored from 0.5' to 5.0' and recovered 22% — 5 - -Cored from 5.0' to 7.5' and recovered 72% 0 = — 7.5 - - Cored from 7.5' to 10.6' and recovered 97% 10 = —10 - •Cored from 10.6' to 15.0' and recovered 93% — 144 8 45 72 _ — 12.5 _ LIMESTONE, gray with trace shale E - layers and fossils 144 c 80 simErEM —15 - -- —17.5 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -23 -95 Drill Methods: Continuous Death to water: LOG OF BORING BORING 2 Elevation: Station: Caving: Note: Boring was advanced dry to 0.4 feet and groundwater was not detected above that depth. IL'. Raba - Kistner - Brytest Consultants, Inc. Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -23 -95 Figure 4 Raba - Kistner - Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pcl MC % LL % PL % PI -200 % % Ou to ROD % f $a - - - —2.5 - - —5 - _ —7.5 _ — 10 — — .. —12.5 —15 - - — 17.5 o C LAY dark brown trace particles and limestone , race ar rown w ' LIMESTONE, light tan and light gray with some alternating severely weathered limestone, clay layers and fossils -Cored from 1.1' to 2.7' and recovered 100% -Cored from 2.7' to 4.3' and recovered 81 % -Cored from 4.3' to 5.7' and recovered 86% -Cored from 5.7' to 10.4' and recovered 89% LIMESTONE, gray with some shale layers and trace fossils -Cored from 10.4' to 15.4' and recovered 100% -Cored from 15.4' to 20.0' and recovered 100% 91 142 126 30 8 13 71 34 37 87 0.7 41 11 25 0 2e 41 94 63 4.4 — - - • IIIIIMMINI MENA NA LW= - Effpi r. IVZ: 72272, 23 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -22 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING 3 Elevation: Station: Caving: Raba - Kistner - Brytest Consultants, Inc. Job No.: AAA95- 055 -00 Scale: 2.5 • Water Detected: No Date Checked: 05 -22 -95 Note: Boring was advanced dry to 0.9 feet and groundwater was not detected above that depth. Figure 5 Raba - Kistner - Brytest Consultants, Inc. ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pc/ MC % LL % PL % PI .200 % % Q. u/ ROD % n mime . 2 0 —22.5 —25 —27.5 —30 —32.5 —35 i .1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -22 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING 3 Elevation: Station: Caving: L. Raba - Kistner - Brytest Consultants, Inc Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05"-22-95 Note: Boring was advanced dry to 0.9 feet and groundwater was not detected above that depth. Figure 5 Raba - Kistner- Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pc1 MC % LL % PL % PI -200 % % Q. ss1 RQD % ri �'n - o CLAY, dark brown with trace 95 20 72 32 40 82 1.7 4 5+ _ _ ' ' ! _ calcareous particles – LIMESTONE, light tan and light gray with some alternating severely o & Fa — 2.5 weathered limestone, clay layers and fossils Frka -Cored from 1.9' to 3.6' and o - recovered 71% -5 g -Cored from 3.6' to 5.7' and - recovered 90% -Cored from 5.7' to 10.7' and 140 8 51 82 — 7.5 recovered 100% Feja -10 .. _ LIMESTONE, gray with some shale layers and trace fossils 142 7 53 80 iffff -12.5 - -Cored from 10.7' to 15.7' and recovered 100% -15 -Cored from 15.7' to 20.0' and 58 - recovered 95% 3 -17.5 _ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -22 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING 4 Elevation: Station: Caving: Raba - Kistner - Brytest Consultants, Inc. Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 :22 -95 Note: Boring was advanced dry to 1.6 feet and groundwater was not detected above that depth. 20% loss of drilling fluid at 4.1 feet. Figure 6 Raba - Kistner - Brytest Consultants, Inc. ELEVATION/ DEPTH ( SOIL SYMBOLS I SAMPLER SYMBOLS AND FIELD TEST DATA Material Description OD pcl MC % LL % d PI .200 % % Du tal ROD % —20 —22.5 _25 —2T.5 —30 —32.5 = —35 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -22 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING 4 Elevation: Station: Caving: Note Boring was advanced dry to 1.6 feet and groundwater was not detected above that depth. 20% loss of drilling fluid at 4.1 feet. Raba - Kistner - Brytesi Consultants, Inc Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -22 -95 Figure 6 Raba - Kistner - Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELEVATION! DEPTH SOB. SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description op OD pcf MC % LL % PI -200 % % D u ?, ROD % ri —� CLAY, dark brown with trace 90 28 73 33 40 3.1 4.5 _ A - calcareous particles - �_ LIMESTONE, light tan and light gray with some severely weathered 0 ` limestone and clay layers o — 2.5 -Cored from 1.5' to 2.2' and - recovered 86% o ` -Cored from 2.2' to 2.8' and i - recovered 67% o - - -Cored from 2.8' to 4.1' and — 5 recovered 92% -Cored from 4.1' to 5.7' and - recovered 100% —7.5 -Cored from 5.7' to 10.7' and - = recovered 100% —10 126 11 30 32 -Cored from 10.7' to 15.0' and L PM - recovered 100% il —12.5 1 42 7 70 62 — LIMESTONE, gray with trace shale n - rx. layers and fossils — 15 ' - � —17.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . l Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous De to water: LOG OF BORING BORING 5 Elevation: Station: Caving: Raba - Kistner Brytest Consultants, Inc Job No.: AAA95- 055.00 Scale: 2.5 Water Detected: NO Date Checked: 05 - 16 - 95 Note: Boring was advanced dry to 1.2 feet and groundwater was not detected above that depth. Figure 7 Raba - Kistner - Brytest Consultants, Inc. I ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pcf MC % _�� PI -200 % flu of r1 � x fi's - CLAY, - - 0 • dark brown with trace calcareous particles LIMESTONE, Tight tan and light gray with some alternating severely 89 31 e7 30 37 95 1.8 0 3.6 / ' - —2.5 _ weathered limestone, clay layers and fossils o - T - - -Cored from 1.9' to 2.5' and recovered 83% - — 5 - -Cored from 2.5' to 5.0' and recovered 80% o FIZI IMMI MINIMMIN — 7.5 - &V= -Cored from 5.0' to 10.0' and recovered 94% — 10 - -Cored from 10.0' to 15.0' and recovered 100% . • = - LIMESTONE, gray with some shale — 12.5 layers and trace fossils 147 5 60 48 3 —15 _ -Cored from 15.0' to 20.0' and recovered 100% – 151 5 117 60 .• —17.5 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Death to water: LOG OF BORING BORING 6 Elevation: Station: Caving: L', 1 Raba- Kistner- Brytest Consultants, Inc Note: Boring was advanced dry to 1.6 feet and groundwater was not detected above that depth. Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -16 -95 Figure 8 Raba - Kistner - Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 'ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pd MC % I dig I Ie *l PI •200 % % Du 1211 ROD % _g`a - _ A _- — 20 ■ -Cored from 20.0' to 25.0' and recovered 100% 92 —22.5 IMMIMIMB — 25 m mom - -° = 27.5 — 3D —32.5 —35 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING 6 Elevation: Station: Caving: Raba- Kistner- Brytesl Consultants, Inc Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 - - Note- Boring was advanced dry to 1.6 feet and groundwater was not detected above that depth. Figure 8 Raba - Kistner - Brytest Consultants, Inc. ELEVATION! DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description 000 % dig PI .200 °i R Q D TT - - - - - —10 – — 12.5 - .. —e - - —2.5 - - —s — 7.5 —15 —17.5 CLAY, dark brown with trace calcareous particles LIMESTONE, light tan and light gray with some severely weathered limestone and clay layers -Cored from 1.4' to 2.2' and recovered 50% -Cored from 2.2' to 3.4' and recovered 58% -Cored from 3.4' to 5.8' and recovered 42% -Cored from 5.8' to 8.8' and recovered 87% -Cored from 8.8' to 13.8' and recovered 100% LIMESTONE, gray with some shale layers and trace fossils -Cored from 13.8' to 18.8' and recovered 100% 88 122 138 32 14 9 84 27 37 98 1.3 13 28 D o 0 0 28 58 2.7 ' _ t -- = Ml IMM IMM mole Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING 7 Elevation: Station: Caving: L` 1 Raba- Kistner- Brytesl Consultants, Inc Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 - 16 - 95 Note: Boring was advanced dry to 1.4 feet and ,groundwater was not detected above that depth. Figure 9 Raba - Kistner - Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pet MC % ri �� PL % PI -200 % % Qu of RQD % PP n1 - --� -- - ... -Cored from 18.8' to 23.8' and recovered 100% 70 I= —20 —22.5 - —25 -Cored from 23.8' to 25.0' and recovered 100% Be MreIrj II —27.5 —30 —32.5 = 35 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 I 1.1 1i 1 :l 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Death to water: LOG OF BORING BORING 7 Elevation: Station: Caving: 1.1 Raba - Kistner - Brytest Consultants, Inc. Job No.: AAA95- 055 -00 Scale 2.5 Wate Detected: No Date Checked: 05 -16 -95 Note: Boring was advanced dry to 1.4 feet and groundwater was not detected above that depth. Figure 9 Raba - Kistner - Brytest Consultants, Inc. ELEVATION DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD puf MC % LL % PL % ri aR ri ye Qu tsf RQD % PP tit — 0 — CLAY, dark brown with trace calcareous particles and limestone fragments 24 89 33 38 ae 4.5+ % / — — SEVERELY WEATHERED LIMESTONE, tan with some calcium deposits, limestone ' fragments and clay layers —2.5 —5 —1 LIMESTONE, tan f —7.5 —10 —12.5 = —15 —17.5 Project: OAKMONT CENTER SOUTH Location: and Rock, Texas Date Drilled: 05 -23 -95 Drill Methods: Continuous Depth to er: LOG OF BORING BORING P -1 Elevation: Station: Caving: Note: Boring was advanced dry and groundwater was not detected. Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -23 -95 Figure 10 Raba - Kistner - Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD % _ �. % % % 911 R % &a - O CLAY, dark brown with trace calcareous particles and limestone 33 70 33 43 96 3.0 'I _ • fragments _I LIMESTONE, tan with some severely weathered limestone and clay layers —2.5 Wra —5 IMIIN —7.5 —10 —12.5 —15 —17.5 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING P -2 Elevation: Station: Caving: Note: Boring was advanced dry and groundwater was not detected. Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 - 16 - 95 Figure 11 Raba - Kistner - Brytest Consultants, Inc. ELEVATION/ DEPTH SOIL SYMBOLS AMPLER SYMBOLS ID FIELD TEST DATA Material Description DD pcf MC % LL % PI -200 % % Du tiff o 1 pP of —10 —12.5 —15 —17.5 —0 — — — 2,5 - — 5 —7.5 dark brown to brown with trace calcareous particles SILTY CLAY, brown and tan with some calcium and severely weathered limestone deposits SEVERELY WEATHERED LIMESTONE, tan with some limestone fragments and trace iron stains 24 68 30 38 87 3.5+ 4.5+ 4.5+ j CLAY, / — — - j Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Depth to ter: LOG OF BORING BORING P -3 Elevation: Station: Caving: Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -16 -95 Note: Boring was advanced thy and groundwater was not detected. Raba - Kistner - Brytest Consultants, Inc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Figure 12 1 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description ° o$ MC % LL % PL % PI •700 % % Q. ul ROD % �� —0 — — — — = - — tan - —5 —7.5 —10 2.5 = 12.5 —15 —17.5 — _ CLAY, dark brown to brown with trace calcareous particles and limestone fragments SILTY CLAY, brown and tan with some calcium and severely weathered limestone deposits CLAY, yellow and light gray with trace calcium, severely weathered limestone deposits, iron stains and limestone fragments 25 50 25 25 91 4.2 3.9 4.5. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .I 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous De to water: LOG OF BORING BORING P -4 Elevation: Station: Caving: Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -16 -95 Note: Boring was advanced dry and groundwater was not detected. Figure 13 Raba - Kistner - Brytest Consultants, Inc. ELEVATION/ DEPTH I SOIL SYMBOLS SAMPLERSYMBOLS AND FIELD TEST DATA Material Description DD Pd 1P LL � PI •200 % % Qu tsl ROD % PP PP te - _ _ --2.5 _ —5 —7.5 —10 —12.5 --15 —17.5 0 CLAY, dark brown to brown with trace calcareous particles and limestone fragments LIMESTONE, tan 34 84 31 33 85 2.4 2.0 ' / /I _ I - _ - = Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING P -5 Elevation: Station: Caving: Job No.: AAA95 055 - 00 Scale: 2.5 Water Detected: - No Date Checked: 05 - - Note: Boring was advanced dry and groundwater was not detected. Figure 14 Raba - Kistner - Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description 00 pcf MC % LL % Ie . I PI -200 % % Ou uf P00 96 F7-7 —0 — — — — — 2.5 _ — — —5 —10 —12.5 —7.5 —15 — —17.5 SILTY CLAY, brown and tan with some and severely weathered limestone deposits CLAY, yellow-tan and light gray with trace calcium, severely weathered limestone deposits, iron stains and limestone fragments LIMESTONE, tan 12 34 18 18 88 4.5+ 4.5 + or A1 _ _..calcium — rr II r- ......• .....■ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05-16-95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING P-6 Elevation: Station: Caving: Job No.: AAA95-055-00 Scale: 2.5 Water Detected: No Date Checked: 05-16-95 Note: Boring was advanced dry and groundwater was not detected. Raba-Kistner-Brytest Consultants, Inc Figure 15 ELEVATION/ DEPTH SOIL SYMBOLS SAMPLER SYMBOLS AND FIELD TEST DATA Material Description DD pcl MC % LL % PL % PI .200 % % Du te1 J* � —0 CLAY, dark brown with trace 33 71 31 40 96 3.7 — ,I _ calcareous particles and limestone fragments ■ - - LIMESTONE, tan with some severely — weathered limestone and clay layers —2.5 FA —5 - - —7.5 • —10 = 12.5 • —15 • —17.5 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -16 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING P -7 Elevation: Station: Caving: Note: Boring was advanced dry and groundwater was not detected. Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -16 -95 Figure 16 Raba - Kistner - Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ELEVATION/ DEPTH I SOIL SYMBOLS SAMPLERSYM50LS AND FIELD TEST DATA Material Description DD p cf MC % �� PI .200 % % Du tsf ROD % I$i —D CLAY, dark brown with trace 35 78 35 41 95 3A ' calcareous particles ' 4.5+ — 23 _ CLAY, yellow -tan and light gray with _ trace calcium, severely weathered limestone deposits, iron stains and _ limestone fragments 3.7 =s —7.5 — 10 —12.5 —15 —17.5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -23 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING P -8 Elevation: Station: Caving: Note: Boring was advanced dry and groundwater was not detected. Raba - Kistner - Brytest Consultants, Inc Job No.: AAA95- 055 -00 Scale: 2.5 Water Detected: No Date Checked: 05 -23 -95 Figure 17 ELEVATION/ DEPTH SON. SYMBOLS SAMPLERSYMBOLS AND FIELD TEST DATA Material Description DO % 2 L % % e bf —10 —12.5 —15 —17.5 0 _ —2.5 = — —5 —7.5 SILTY CLAY, brown and tan with some calcium and severely weathered limestone deposits LIM tan with some severely weathered limestone and clay layers 1 2 29 18 13 90 a.s+ as+ krja I ... Project: OAKMONT CENTER SOUTH Location: Round Rock, Texas Date Drilled: 05 -23 -95 Drill Methods: Continuous Depth to water: LOG OF BORING BORING P -9 Elevation: Station: Caving: Note: Boring was advanced dry and groundwater was not detected. Job No.: AAA95 055 - 00 Scale: 2.5 Water Detected: No Date Checked: 05 -23 -95 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Figure 18 Raba - Kistner - Brytest Consultants, Inc. 1 1 II 1 1 1 Il Symbol Description Symbol Description Strata symbols MMIUMM Misc. Symbols Soil Samplers 1q 1 II Notes: CLAY LIMESTONE SEVERELY WEATHERED LIMESTONE SILTY CLAY Boring continues Undisturbed thin wall Shelby tube KEY TO SYMBOLS U0 Rock core Bulk /Grab sample E l Auger 1. These logs are subject to the limitations, conclusions, and recommendations in this report. 2. Results of tests conducted on samples recovered are reported on the logs. Abbreviations used are: DD = natural dry density (pcf) MC = natural moisture content I LL = Liquid Limit PI = Plasticity Index q -200 percent passing X200 sieve Qu = unconfined strength (tsf) PR = Percent Recovered ( %) RQD = Rock Quality Designation I PP = pocket penetrometer N TERMS DESCRIBING CONSISTENCY, CONDITION, OR TEXTURE Terms used in this report to describe soils with regard to their I . consistency or condition are in general accordance with the discussion presented in Article 45 of SOIL MECHANICS IN ENGINEERING PRACTICE, Terzaghi and Peck, using the most reliable information available from ' the field and laboratory observations. Terms used to describe soils q according to their texture and grain size are in accordance with the • UNIFIED SOIL CLASSIFICATION SYSTEM (USCS). Figure 19 Figure 20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOIL DESIGN VALUES Oakmont Center South Round Rock, Texas RKBCI Project No. AAA95- 055 -00 . Boring No. Effective P.I.' Support Index 2 (C) Unconfined Strength 3 psf P.V.R. ` Inches B -1 38 0.76 4,800 1' B - 2 36 0.78 6,000 '/4 B -3 37 0.77 6,600 '/4 B -4 40 0.74 6,700 B -5 40 0.74 6,700 % B - 6 37 0.77 5,400 14 B -7 37 0.77 4,000 '/4 ' 2 3 ° Reference B.R.A.B. Report No. 33, Page 66 Reference B.R.A.B. Report No. 33, Page 53 Values adjusted for strength reductions due to future moisture increases. Potential Vertical Rise Figure 20 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Baker - Aicklen & Associates, Inc. Consulting Engineers Contract For: Luther Peterson Subdivision - Street, Drainage,Water and Wastewater Improvements Joint Use Fuel and Wash 'Facility Owner: City of Round Rock, Texas Contractor: Chasco Contracting, P.O. Box 1057, Round Rock, Texas 78680 You are hereby requested to comply with the following changes from the contract plans and specifications: Justification: Revisions required by field conditions and owner modifications. The amount of the Contract before this Change Order is Eight Hundred Sixty One Thousand, Six Hundred Seventy Three and 92/100 Dollars ( $ 861,673.92). The Amount of the Contract will INCREASE by the sum of Five Thousand, Eight Hundred Eighty Eight, and 50 /100 Dollars ( $ 5,888.50). The CONTRACT TOTAL including this Change Order will be Eight Hundred Sixty Seven Thousand, Five Hundred Sixty Two, and 42/100 Dollars ($ 867,562.42). The Contract Time will be decreased by ten (10) calendar days. This document will become a supplement to the Contract and all provisions will apply hereto. Chascorontra ti , (Contractor) a er- ••• es, Inc., (Engineer) / /7/ City of Round Rock, It s (Owner) CONTRACT CHANGE ORDER NO. 1 See Attached Sheet 2 R -95/o2 -/ /J Date z-zo—Q6 Date 2-2 -96 Date Date: 02/19/96 Sheet No.: 1 of 2 Job No.: 601 - 525 -31 Baker - Aicklen & Associates, Inc. Consulting Engineers Luther Peterson Subdivision -Water and Wastewater Improvements Description of Changes CE -1 Change 6" PVC Fire Line to Ductile Iron. (50% R.R.I.S.D.) (50% C.O.R.R.) $2,462.50 CE -3 Change Footing Design. (82% R.R.I.S.D.) (18% C.O.R.R.) ($1,080.00) CE -4 140 L.F. Concrete Cap on 8" Wastewater Line. (50% R.R.I.S.D.) (50% C.O.R.R.) $ 871.00 CE -5 Change 2" Water Service to 3 ". (50% RRI.S.D.) (50% C.O.R.R.) $ 475.50 CE -6 Addition of Low Pressure Tire Cleaner. (50% R.R.I.S.D.) (50% C.O.R.R.) $1,409.50 CE -7 Changes to Waterline Bore. (50% R.R.I.S.D.) (50% C.O.R.R.) CONTRACT CHANGE ORDER NO. 1 ( Cont.) DECREASE INCREASE Contract Price Contract Price ($1,080.00) Date: 02/19/96 Sheet No : 2 of 2 Job No.: 601 - 525 -31 $1.750.00 $6,968.50 Net Change to Contract $5,888.50 Temple A Presiden �+ NANO �r�HTAACTIHG 10 January 1996 Bill Waeltz Baker - Aicklen & Associates, Inc. 203 E. Main Suite 201 Round Rock, Texas 78664 Project: Luther Peterson Subdivision Re: Change Estimate No. 1, Change 6" PVC Fire Line to Ductile Iron Dear Bill, We are by issuance of this letter, submitting our proposal for additional costs for performing the revisions to Bid Item No. 43 (510- A -W -6) 1,050 .LF Pipe, 6" Dia. PVC, All Depths. The City of Round Rock has requested' that the fire hydrant leads that are Class 200 DRI4 PVC pipe be changed to Class 50 Ductile Iron Pipe. The fire hydrant leads are 985 LF. Our proposal for the direct costs, with known overhead costs associated with this change is as follows: Delete 985 LF of 6" PVC @ $22.00 LF. " <$21,670.00 Add 985 LF of 6" Ductile Iron Pipe @.$27.00 LF $26.595.00 TOTAL ADDITIONAL COSTS - $4,925.00 This proposal is good for seven (7) day, after which it may be withdrawn. The compensation noted in this Change Estimate does not include any amounts for changes in the sequence of work, delays, disruptions, rescheduling, extended overhead, acceleration, and or other costs. The right to make claim for any and/or all of the above noted cost items prior to any final settlement of this Contract is expressly reserved by Chasco Contracting. - - Upon acceptance please issue a change order at your earliest convenience. ' If you have any questions, please feel free to contact the undersigned. Sincerely, Chasco Contracting cc: Architecture Plus File o'®CSPtf,«u„ al Or. aci ......,.u., P.O. Box 1057 Round Rock, Texas 78680 Office: (512) 244 -0600 Fax: (512) 244 -0489 Job #5174 "AEA 23 January 1996 Bill Waeltz Baker- Aicklen 203 E. Main Ste 201 Round Rock, Texas 78664 Project: Luther Peterson Subdivision Re: Change Estimate No. 4, 140 LF Concrete Cap on 8" Wastewater Line Dear Bill, Sincerely, Chasco Contracting Temple Ad y President cc: File E HASCO XTRACTING P.O. Boa 1057 Round Rock, Texas 78680 Office: (512) 244 -0600 Fax: (512) 244-0489 Job #5174 We are by issuance of this letter, submitting our proposal for additional costs for performing the revisions add 140 LF of concrete cap to the 8" wastewater line per City of Austin Standards. Our lump sum proposal for the direct costs, with known "overhead costs associated with this change, is One Thousand, Seven Hundred Forty Two Dollars and Zero Cents ($1,742.00). This proposal is good for seven (7) day, after which it may be withdrawn. The cost breakdown is: Equipment $ 505.00 "-. Labor , 400.00 Material . - 610.00 - - 15% OH&P 227.00 TOTAL " - 81,742.00 The compensation noted in this Change Estimate does not include any amounts for changes in the sequence of work, delays, disruptions, rescheduling, extended overhead, acceleration, and or other costs. The right to make claim for any and/or all ofthe'above noted cost items prior to any final settlement of this Contract is expressly reserved by Chasco Contracting Upon acceptance, please issue a change order at your earliest convenience. If you have any questions, please feel free to contact the undersigned. ACBEA 23 January 1996 Bill Waeltz Baker - Aicklen 203 E. Main Ste. 201 Round Rock, Texas 78664 Project: Luther Peterson Subdivision Re: Change Estimate No. 5, Change 2" Water Line to 3" Water Line Dear Bill, We are by issuance of this letter, submitting our proposal for additional costs for performing the revisions to change approximately 180 LF of 2" water line to 3" water line. Our lump sum proposal for the direct costs, with known overhead costs associated with this change, is Nine Hundred Fifty One Dollars and Zero Cents ($951.00). This proposal is good for seven (7) day, after which it may be withdrawn. The cost breakdown is: •Item 44 Delete 2" PVC : ' 170 LF 16.50 <2,805.00> -Item 44A Add 3" PVC - 180 LF 17.90 3,222.00 Item 52 ' Delete 2" Valves 1 EA 270.00 <270.00> 'Item 52A ,Add 3" Valves • 2 EA 340.00 680.00 - SUBTOTAL ' 827.00 15% OH&P _ . 124.00 TOTAL . 8951.00 The compensation'noted in Change Estimate does not include any amounts for changes in the sequence of work, delays, rescheduling, extended overhead, acceleration, and or other costs. The right to make claim for any and/or all of the above noted cost items prior to any final settlement of this Contract is expressly reserved by Chaseo Contracting.:- ' Upon acceptance, please issue a change order at your earliest convenience. If you have any questions, please feel free to contact the undersigned, Sincerely, - Chasco Contracting emple Presis nt ay 6 HASCO GI3TAACTIHG D ©W`inc ° u :iim D 112 Ng Wetttl! Wxf14KOCx QC1 P.O. Box 1057 Round Rock, Texas 78680 Office: (512) 244 -0600 Fax: (512) 244 -0489 Job #5174 /AEA 6 HASCO HTBACTIIdG 23 January 1996 Mac Ragsdale Architecture Plus 1907 N. Lamar Austin, Texas 78705 Project: Luther Peterson Subdivision Re: Change Estimate No. 3, Change Foundation Details Dear Mac, P.O. Box 1057 Round Rock, Texas 78680 Office: (512) 249 -0600 Fax: (512) 249 -0489 Job #5174 We are by issuance of this letter, submitting our proposal for additional costs for performing the revisions to change the footing design for the building foundations. Our proposal will eliminate the spread footing and provide a 1'0" grade beam in lieu of the 8" grade beam as shown. The new Sheets S -1, S -2, S-4, S -5, and S- 6 by Fisher- Hagood dated 1/8/96 provide the details. Our lump sum proposal for the direct costs, with known overhead costs associated with this - change, is a Deduct of Six Thousand Dollars and Zero Cents ( <$6,000.00). This proposal is good for seven (7) day, after which it may be withdrawn. The compensation noted in this Change Estimate does not include any amounts for changes in the sequence of work, delays, disruptions, rescheduling, extended overhead, acceleration, and or other costs. The right to make claim for any and/or all of the above noted cost items prior to any final settlement of this Contract is expressly reserved by Chasco Contracting. Upon acceptance, please issue a change order at your earliest convenience. If you have any questions, please feel free to contact the undersigned. Sincerely, Chasco Contracting Temple Aday President cc. File ts�o 1a.001.,1 w „„.„0, ASEA 6TO xASCo NTAACTIHG November 28, 1995 Mr. Larry Fisher, Y. F,. Fisher Hagood, Inc. One Chisholm Trail. #5200 Round Rock, Texas 78681 RE: Luther Peterson Subdivision Joint Use Fuel & Wash Facility Dear Mr. Fisher, Our Job #5174 P.O. Box 1067 Round Rock, Texas 78680 Office: (512) 244 -0600 Fax: (612) 244 -0489 I appreciate the time you took this morning to discuss thc foundation design on the above referenced project. At this time, I would like to propose a value engineering alternative to the present structural foundation design. The changes would consist of: -The elimination of the typical spread footings beneath all continuous grade beams, as per the details on sheets S -1, S -5, and S -6 of the present drawings. -The addition of a 1' -0" wide grade heam in lieu of the 8" wide grade beam indicated on thc drawings. The depth of this grade beam will match that which is specified on the drawings for the existing 8" grade beam (Rc: attached sketch "Exhibit A "). - Reinforcing would consist of #3 rectangular stirrups at2' o.c. with 4 EA #5 bars continuous. It is our opinion that this change would not only reduce the construction costs, but it would also save time without diminishing or altering the structural integrity of the foundation_ We would like to offer the Owner, upon acceptance of this change, a cost savings of $6.000.00 and a reduction in the overall contract duration of 10 days. Thank you for your consideration and for your prompt attention to this proposal.Please let me know if you have enough information to proceed with this request. We appreciate your cooperation and assistance. Sincerely, Temple President, ay Enclusure "Exhibit "A" cc: File Elm &ASCO I 23 January 1996 Mac Ragsdale Architecture Plus 1907 N. Lamar Blvd. Austin, Texas 78705 Project* Luther Peterson Subdivision Job 85174 Re: Change Estimate No. 6, Addition of Low Pressure Ttrc Cleaner System Dear Mac, We arc by issuance of this letter, submitting our proposal for additional costs for performing the revisions to add a Model 8 D/H 58263 Low Pressure Tue Cleaner System to the Car Wash. The tire cleaner system is a self contained wall mounted unit. The container of concentrate will be on the floor below the unit. The unit will pump the concentrate into its tank and mix it with water. Our hump sum proposal for the direct costs, with known overhead costs associated with this change, is Two Thousand, Eight hundred Ninety Dollars and Zero Cents (52,819.00). This proposal is good for seven (7) day, after which it may be withdrawn. The cost breakdown is: Wall Mounted Low Pressure System 52,224.00 Electrical outlet 200.00 Plumbing Cennecttons 320.00 Remove 220 Gallon K -Tank (Storage) <293.00> 15%OH&P 36800 TOTAL 52,819.00 The compensation noted in this Change Estimate does not include any amounts for changes in the sequence of work delays. disruptions, rescheduling, extended overhead, acceleration, and or other costs The right to make claim for any andlor all of the above noted cost items prior to any final settlement of this Contract is expressly rescnrd by Chasco Contracting. Upon acceptance, please issue a change order at your earliest convenience. If you have any questions, please fed free to contact the undersigned. cc. File vOi ZIP P.O. Box 1057 Round Rock. Texas 70600 Office: (512) 244 -0500 Far: (512) 244 -0489 Dialing - Harris, Inc. WALL MOUNTED LOW PRESSURE SYSTEMS Dimensions: 16"w X 25 "h X 22 "d World's Easiest Low Pressure Unit to Install! c PART* MANIFOLDS PRICE 31113 Single Function 31111 Dual Function 31130 Triple Function PART* BANNERS PRICE 21014 Foam Brush 21013 Pre -Soak 21015 Foam Whitewall 21016 Red Rhino PART # CLEANING AGENTS PRICE 11306 Red Rhino - 5 gallon pail 11315 Pre -Soak - 5 gallon pail 11320 Foam Brush - 5 gallon pail 11323 Foam Brush Anti- Freeze - 5 gallon pail 11335 Foam Whitewall - 5 gallon pail 11338 Synergy - 5 gallon pail 10102 Kleen Green - 50Ib. box 10353 Duo Clean - 501b. box VALU-LINE 5QQTM WALL MOUNTED LOW PRESSURE SYSTEMS Wall Mounted Low Pressure Systems make better use of wall space than any other low pressure systems. Available in compact powder, liquid and foam brush antifreeze units. Ideal for use on new installations with Valu -Line and/or EC Systems. Also, perfect in size for adding new systems to existing car washes. The stainless steel tanks add to the overall appearance and durability. Standard Features: • All components and pump are mounted on stainless steel tank. • Six, seven and eight bays are equipped with a larger delivery pump. • D/H 10 Electronic Controller w/ built -in 1 -1/2 second delay timer. • Solenoid valves, gauges, regulators, and safety pop -off valve. • Automatic mixing on liquid systems. • Stainless steel bracket for easy wall mounting. The above systems do not include cleaning agents, boom manifolds, or banners; these items are sold seperately as shown below with part numbers and prices. All pnces and specifications subjact to change w5houtnooca. Jan. 1995 P11P2