The URL can be used to link to this page

R-98-10-22-10D1 - 10/22/1998Mayor Charles Culpepper Mayor Pro-tem Robert Stheka Connell Members Earl M. Hairston Rick Stewart Earl Palmer Martha Chaves Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK October 26, 1998 Mr. Garrett J. Tuttle Baker - Aicklen & Associates, Inc. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Dear Mr. Tuttle: 221 East Main Street Round Rack. Texas 78664 512-218-5400 The Round Rock City Council approved Resolution No. R- 98- 10- 22 -10D1 at their regularly scheduled meeting on October 22, 1998. This resolution accepts the bid and Contract Change Order No. 1 with Hayden Concrete, Inc. for the construction of a hike and bike trail in Creekmont West Park. Enclosed is a copy of the resolution and Change Order No. 1 for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512 - 218-7097 I- 800-735.2989 TDD 1- 800 - 735 -2988 Voice www.ci.round-rocktx.us RESOLUTION NO. R- 98- 10- 22 -10D1 WHEREAS, the City Of Round Rock has duly advertised for bids for the construction of a hike and bike trail in Creekmont West Park, and WHEREAS,Hayden Concrete, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Hayden Concrete, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract and Contract Change Order No. 1 with Hayden Concrete, Inc., for the construction of a hike and bike trail in Creekmont West Park, a copy of said contract and Contract Change Order being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED ATTEST: ANNE LAND, City Secretary R: UPDOCS \RESDLUTI \ RS,022D1.WPD /scq this 22nd day of October„ 1998. Baker-Aicklen & Associates, Inc. Consulting Engineers CON'T'RACT CHANGE ORDER NO. 1 Contract For: Creekmont West Park. Jogging Trail Owner: City of Round Rock Contractor: Hayden Concrete Co., 10401 Anderson Mill Road, Austin, Texas 78750 You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes 1) Decrease the jogging trail width from 6' to 4' along Creekmont Dr. and ending the trail at the handicap ramp at Creekmont Dr. and Oak Ridge Dr. (No loop at the southern end of the project) Delete 1,671.82 SF of jogging trail/sidewalk @ $5.05 /SF $ 8,442.69 $ Justification: 1) Clients request to stay with appropriated budget. Net Changes in Contract Price $ 8,442.69 $ The amount of the Contract before this Change Order is Seventy Thousand, Five Hundred Seventeen and 74/100 Dollars $ 70,517.74 The Amount of the Contract will DECREASE/INCREASE by the sum of Eight Thousand, Four Hundred Forty Two and 69/100 Dollars Date: 10/15/98 Sheet No. 1 of 2 Job No. 601- 536-13 DECREASE INCREASE Contract Price Contract Price $ 8 442.69 The CONTRACT TOTAL including this Change Order will be Sixty Two Thousand. Seventy Five and 05 /100 Dollars $ 62,075.05 The Contract Time will be unchanged. This document will become a supplement to the Contract and all provisions will apply hereto. Baker- Aicklen & Associates, Inc. Consulting Engineers Hayden Concrete Co., (Contractor) City of Round Roc , (1 er) CONTRACT CHANGE ORDER NO. 1 /6/5/ Date Baker- ckl Associates, Inc., (Engineer) Date 1) ZvC� at Date: 10/15/98 Sheet No. 2 of 2 Job No. 601- 536-13 13\ BAKER - AICKLEN & ASSOCIATES, INC. Consulting Engineers October 15, 1998 Ms. Sharon Prete Director of Parks and Recreation City of Round Rock 605 Palm Valley Blvd. Round Rock, Texas 78664 RE: Creekmont West Park - Jogging Trail Dear Ms. Prete, As you are aware, bids were opened at 2:00 p.m., Tuesday, September 15, 1998, for the "Creekmont West Park, Jogging Trail" project. Hayden Concrete, Inc., of Austin, Texas was the only bidder for the project and bid $78,240.17 for the base bid, which included a 7' wide jogging trail. Alternate #1 (6' wide jogging trail) was bid at $70,517,74 and Alternate #2 (5' wide jogging trail) was bid at $53,185.96. A complete bid tabulation is enclosed for your review. After reviewing the bids and meeting with the neighborhood association, it is our understanding you will be requesting approval of the Alternate #1 bid for this project. Based upon their past experience record, we recommend award of this contract to Hayden Concrete, Inc. for the amount of $70,517.74 (Alternate #1). If you have any questions or comments, please feel free to call at your convenience. Sincerely, Garrett J. Tuttle, P.E. enclosure file: 601-536-13 i 203 E. Main St.. Suite 201 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 Project: Creekmont West Park; Jogging Trail Owner: City of Round Rock Job Number: 601 -536 Bid Date: September 15, 1998 Project Location: Round Rock, Williamson County, Texas Bid Item 1 2 3 4 5 6 7 Wide Concrete Sidewalk, including excavation, removal and haul -off, sub - grade prep., grading and sand, complete in place Concrete Sidewalk Handicap Ramps, Type I1, complete in place Silt Fence, including installation and removal, complete in place Stabilized Construction Entrance /Exit, including installation and removal, complete in place Restoration of Vegetation equal to surrounding type, complete in place Tree Removal, trimming, pruning, complete in place Total Base Bid Amount BIDTABXLS 10./14/98 1:30PM Quantity Unit 12,701.53 SF Addendum # 1? Yes Hayden Concrete, Inc. Austin, TX Bid Bond? Yes Unit Price Cos 4.95 $ 62,872.57 2 EA $ 900.00 $ 1,800.00 1,504 LF $ 1.90 $ 2,857.60 2 EA $ 1,230.00 $ 2,460.00 1,000 SY $ 1.25 $ 1,250.00 1 LS $ 7,000.00 $ 7,000.00 $ 78,240.17 Baker - Aicklen & Associates, Inc. 7 6' Wide Concrete Sidewalk, including excavation, removal and haul -off, sub - grade prep., grading and sand, complete in place Hayden Concrete, Inc. Austin, TX Bid Bond? Yes Addendum #1? Yes Bid Item Quantity ; Unit Unit Price Cost 7 6' Wide Concrete Sidewalk, including excavation, removal and haul -off, sub - grade prep., grading and sand, complete in place 10,920.82 SF $ 5.05 $ 55,150.14 Total Bid Amount (Alternate #1) $ 70,517.74 8 5' Wide Concrete Sidewalk, including excavation, removal and haul -off, sub - grade prep., grading and sand, complete in place 7,343.37 SF $ 5.15 $ 37,818.36 Total Bid Amount (Alternate #2) $ 53,185.96 Alternate #1 (Items 2 -6 and 7) Alternate #2 (Items 2 -6 and 8) BIDTAB.XLS 10/14/98 1:30 PAL Baker - Aicklen & Associates, Inc. • BAKER - AICKLEN & ASSOCIATES. INC. Coneulting Engineers October 15, 1998 Mr. Doug Drennan Hayden Concrete, Co. 10401 Anderson Mill Road Austin, Texas 78750 Re: Creekmont West Park, Jogging Trail (Change Order #1) Dear Mr. Drennan, Please find enclosed four (4) copies of Change Order No. 1 for the Creekmont West Park, Jogging Trail construction project. This change order will adjust the bid items to reflect the deletion of the southern loop within the park and decrease the width of the jogging trail (sidewalk) along Creekmont Dr from six (6) feet to four (4) feet. Please execute all four copies, keep one copy for your files and return three executed copies to our office for further processing. Should you have any questions, please advise. Sincerely, Garrett J. Tuttle, P.E. Enclosures file: 601 - 536 -13 cc: Jim Nuse, P.E., Director of Public Works Sharon Prete, Director of Parks and Recreation 203 E. Main St.. Suite 201 • Round Rock. Texas 70664 • 512/244 -9620 • FAX 512/244 -9623 DATE: October 16, 1998 SUBJECT: City Council Meeting — October 22, 1998 ITEM: 10.D.1. Consider a resolution authorizing the Mayor to execute a contract and Change Order No. I with Hayden Concrete, Inc. for the construction of a hike and bike trail in Creekmont West Park The bid amount is $705,517.74. The change order will allow for modifications, bringing the project into budget. The actual cost of the project will be $62,075.05. Staff Resource Person: Sharon Prete, Director. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Prepa City o "!4• 221 for; ' ain Street cictie'itas 78664 Prepared by: Baker-Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 August, 1998 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CREEKMONT WEST PARK JOGGING TRAIL Prepared by: Baker - Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 August, 1998 y�PSE OF TFXII S � !! i *` `• *! GARRETT J. TUTTLE i ep` 65169 r � I FS-....E.... Gs an.AZ Section Description Pag 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 Instructions to Bidders Bid Bond Proposal Bidding Sheet 3.0 Post Bid Documents PBD -I Agreement Performance Bond Payment Bond Certificate of Insurance Maintenance Bond 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Plans P -1 table.doe TABLE OF CONTENTS 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 Creekmont West Park. Jogging Trail will be received until 2:00 p.m.. Tuesday. September 8. 1998 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 Creekmont West Park. Jogging Trail ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from Baker - Aicklen & Associates, Inc., 203 East Main Street, Suite 201, Round Rock, Texas beginning Monday, August 24, 1998 for a non - refundable charge of $ 50 per set payable to Baker - Aicklen & Associates. Inc. In case of ambiguity, duplication or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish Performance and Payment Bonds as described in the Bid Documents. Publish Dates: Austin American Statesman: Round Rock Leader: August 23, 1998 August 30, 1998 September 6, 1998 notice.doc NB -1 August 24, 1998 August 31, 1998 September 7, 1998 2.0 BID DOCUMENTS biddoc.doc INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not Less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute Performance and Payment Bonds, as stipulated by Item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject BD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a Performance Bond and a Payment Bond in the amount of one- hundred percent (100 %) of the total contract price. Provided however, if the contract price is less than $50,000.00, the bidder shall have the option of providing a letter of credit in lieu of a Performance Bond, said letter of credit in a form acceptable to the City of Round Rock. Said Performance Bond, or letter of credit, if applicable, and payment bond 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, with approval prior to bid opening. 12. If the total contract price is less than $25,000.00 the Performance and Payment Bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the Performance Bond, or letter of credit if applicable, and Payment Bond as required by Item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the Contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The biddoc.doc BD -2 Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. biddoc doc BD -3 COMMERCIAL INDEMNITY Insurance Company KNOW ALL MEN BY THESE PRESENTS: THAT Hayden Concrete, Inc., 13498 Pond Springs Road, Building D, Austin, Texas 78729 as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound unto City of Round Rock, 221 E. Main Street, Round Rock, Texas 78644 as Obligee, in the full and just sum of One Hundred Thousand and No /100s lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal is hereby submitting its proposal for Construction of Creekmat West Park Jogging Trail . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 15th day of September 1998. Hayden Concrete, Inc. PRINCIPAL By CO ERCIA NITY INSURANCE COMPANY By BID BOND BOND NUMBER BD37887 Paul Cameron, ATTORNEY -IN -FACT SEAL) SEAL) 1 c. - nmercral Indemnity Insurance Company COMMERCIAL P.O. Box 67 INDEMNITY INSURANCE CO. T ustin, Texas 78741 OW ALL MEN BY THESE PRESENTS: t the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having p rincipal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12t day of May, 1996, to wit: /Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In -Fact, such persons, firms, or corporations as may be selected from time to time. l e It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any ertificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid I nd binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity nsurance Company does hereby make, constitute and appoint: Paul Cameron late of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: t o Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by h e duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority erein given, are hereby ratified and confirmed. 1 State of Texas i ounty of Travis 1 FRTIFICATE I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power I f Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 15th day of Seotember , 19 98 1 1 1 BD37887 POWER OF ATTORNEY WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the ompany and its Corporate Seal to be hereto affixed. C ommission Expires 5 -20 -98 � John W. Schuler. President . n this 12' day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared John W. Schuler, personally own to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Shannon McBride, Notary Public Lei Paul Cameron. Secretary Siwa. MAX WYLmY PROPOSAL BIDDING SHEET JOB NAME: Creekmont West Park, Jogging Trail JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: September 8, 1998 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to fumish 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 Creekmont West Park, Jogging Trail 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 Item Duantity Unit and Written Unit Price 1. 12,701.53 SF 7' Wide Concrete Sidewalk, including excavation, removal and haul -off, sub -grade prep., grading and sand, complete in place biddoc.doc BASE BID Ei t i dollars A/M_W F ✓E cents. Unit Price Amount s 60 2. 2 EA Concrete Sidewalk Handicap Ramps, Type II, complete in place III /,UEI�UrV0e dollars C,hl DD 4' cents. $ $ � �� • BD -5 Bid Item Description Unit Item Quantity Unit and Written Unit Price Prigt 3. 1,504 LF Silt Fence, including installation and removal, complete in place 61/1./E Amount dollars / 9ei Ze5:57 (D R/41/7Y cents. $ $ 4. 2 EA Stabilized Construction Entrance/Exit, including installation and removal, complete in place VC/a//URI° 7 / / /g7l dollars NO cents. $ /Z $ 5. 1.3Vklrica6 SY Restoration of Vegetation, equal to surrounding type, complete in place dollars / /S �� TL617`/ cents. $ $ /� 6. 1 LS Tree Removal, trimming, pruning, complete in place AR'a3- 4n(1L) dollars A! v cents. $ (1C�O ° $ TOTAL BASE BID (Items 1 through 6): 16 $ 7 �CUEfZ<< ElrhFTh& &sot d 7 'kindred Fr/y Dr /lags (4)4 5dver en LIgsts biddoc.doc BD -6 The City of Round Rock reserves the right to substitute the following Alternate Bids into the Base Bid. Alternate #1 (Bid Item #7) 7. 10,920.82 SF 6' Wide Concrete Sidewalk, including excavation, removal and haul -off, sub -grade prep., grading and sand, complete in place Fit/27 dollars F�6 cents. TOTAL ALTERNATE #1 BID (Items 2 - 6 and 7): $ Alternate #2 (Bid Item #8) 8. 7,343.37 SF TOTAL ALTERNATE #2 BID (Items 2 - 6 and 8): biddoc.doe 4' Wide Concrete Sidewalk, including excavation, removal and haul -off, sub -grade prep., grading and sand, complete in place F/lr c1/ dollars cents. BD -7 S $ �v5 $ -6S/�D 1L/ 7o, 577. - 7 4 $ /, q 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 thirty (30) 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 30 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 ackno *ledgbi.receipt of the following addenda: Respectfully Submitted, We-Vprenogn Title Name of Firm JELL, /99s' Date biddoc.doc Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated d iy6/67) . /7L•, BD -8 Received ` 5 /q �� Received Received 79777 //9,q ,( ;, 454. / Address -� 9i8 -6866 Telephone Secret ry, if Contractor is a Corporation Baker - Aicklen & Associates, Inc. Consulter Engineers CONTRACT CHANGE ORDER NO. 1 Contract For: Creekmont West Park. Jogging Trail Owner: City of Round Rock Contractor. Hayden Concrete Co.. 10401 Anderson NM Road, Austin, Texas 78750 You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes 1) Decrease the jogging trail width from 6' to 4' along Creekmont Dr. and ending the trail at the handicap ramp at Creekmont Dr. and Oak Ridge Dr. (No loop at the southern end of the project) Delete 1,671.82 SF of jogging trail/sidewalk @ $5.05 /SF $ 8,442.69 $ Justification: 1) Clients request to stay with appropriated budget. Net Changes in Contract Price $ 8,442.69 $ The amount of the Contract before this Change Order is Seventy Thousand. Five Hundred Seventeen and 74/100 Dollars $ 70,517.74 The Amount of the Contract will DECREASE/INCREASE by the sum of Eight Thousand. Four Hundred Forty Two and 69/100 Dollars Date: 10/15/98 Sheet No. 1 of 2 Job No. 601. 536 -13 DECREASE INCREASE Contract Price Contract Price $ 8,442.69 The CONTRACT TOTAL including this Change Order will be Sixty Two Thousand_ Seventy Five and 05/100 Dollars $ 62,075.05 The Contract Time will be unchanged. This document will become a supplement to the Contract and all provisions will apply hereto. Baker- Aieklen & Associates, Inc. Consulting Engineers Baker -Aickl Associates, Inc., (Engineer) CONTRACT CHANGE ORDER NO. 1 /a 4 Date /o4 -/ Date City of Round Rock, (Owner) Date Date: 10115f98 Sheet No. 2 of 2 Job No. 601- 536 -13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 09/14/98 NON 09:57 FAX 5122449623 Baker Aicklen /ItR BAKER - AICKLEN S. ASSOCIATES. INC. Consulting Engineers ADDENDUM 1) Bid Date. The Bid date has been rescheduled for Tuesday, September 15, 1998 at 2:00 p.m. Bids will be read aloud at the City Hall Council Chambers at 221 East Main Street, Round Rock, Texas 78664 2) Bid Item 5 "Restoration of Ve etation". The quantity shown (16,715 16 SY) is incorrect. The bid quantity should be 1,000 SY 3 ) Access t o the Site. In the preparation of the bid for this project, please be advised that the City of Round Rock has been granted permission from "Austin White Lime" (property owner adjacent to the park site) to access the park from their property. However, should this option be used by the Contractor, the Contractor will assume all liability for any and all damage to the Austin White Lime property. The City of Round Rock assumes no liability and will not be held responsible for any injuries and /or damages incurred should this option be utilized by the Contractor. All bidders shall acknowledge receipt of Addendum No. I on Page BD -8 of the proposal. _� .�paob�SAti Sincerely, ............ T .4: l GAR - 1, � �..... • TuTrzE Garrett J. Tuttle, P.E. cl +. 65io'S ; �. CREEKMONT WEST PARK, JOGGING TRAIL PROJECT NO. 601 -536 SEPTEMBER 8, 1998 c�1t c •.CF ni8t 0 .. /.,1 • 41 . 47. 1j 001 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT, made and entered into this / day of Ak A.D. 19 gg by and between the CITY OF ROUND ROCI( TEXAS a thr ugh it§yloyor, Party of the First Part, • hereinafter termed the OWNER, and f r'I 6 le_ of the City of � cLS��n , County of ha/ 1 - 1- 7 Y7 , State of T-`‘ 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 Tuesday, September 8, 1998 for certain improvements described as follows: postbid.doc Creekmont West Park, Jogging Trail 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 30 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 Contractors Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. 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: By: By: 4/ C Secretary Party of the First Part (Owner) By: ,// By: Secret dry, if Contractor Party of the Second art is a Corporation or (Contractor) otherwise registered with the Secretary of the State postbid.doe PBD -2 Mayor - City of Round Rock 1 THE STATE OF TEXAS COUNTY OF WILLL4MSON 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 Article 5160 of the Revised Civil Statues of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. postbid.doc PBD -3 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND Bond Number: BD38291 KNOW ALL MEN BY THESE PRESENTS: That Hayden Concrete, Inc. of the City of 'Austin , Count of Travia , and State of To „ t .. , as rcni Principal, and ass urance ial Inaem Company t yauthonzed 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 sixt - y.. • ... - - . -F; va ar a ns!i nnG dollars ($ 62,075.05 ) 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 loth day of November , 19 98 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: Creek West Park, Jogging Trail, Project No. 601 - 536 -13 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 Article 5160 of the Revised Civil Statues of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. postbid.doc 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 12th day of NnvamhPr , 1998 . Hayden ConcrPtP. Tnr Principal } Surety By ,acre' y Title 13498 Pond Springs Road, Bldg D Address Austin, Texas 78729 The name and address of the Resident Agent of Surety is: postbid.doc Time Insurance Agency, INc. 1507 South 19 -35, Austin,Texas 78741 PBD -4 Commercial Indemnity Insurance Company Title 1507 South IH -.3.5 Address Austin, Texas 78741 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND Bond Number: BD38291 KNOW ALL MEN BY THESE PRESENTS: That Hayden concrete, Inc. , of the City of Aucti n County of Travis , and State of Tox as ommerc it Principal, and assurancl In e aut')IOr� zed wider the laws of the State of Texas to act as Surety on Bonds for Pntiafi is are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (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 Sixty -Two Thousand. Seventy -Five and OS /100s Dollars ($ 62,075.05 ) 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 loth day of November , 19 9$ 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: Creek West Park, Jogging Trail, Project No. 601- 536 -13 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 m full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. posthid.doc 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 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 12th day of November ,I9 9 8 Hayden Concrete, Inc. Principal 13498 Pond Springs Road, Bldg D Address Austin, Texas 78729 The name and address of the Resident Agent of Surety is: Time Insurance Agency, Inc. 1507 South IH -35, Austin, Texas 78741 pastbid -doc PBD -6 Commercial Indemnity Insurance Company Surety John Schuler, Attoney -In -Fact Title �� SC1U tY1 TH �S Address Austin, Texas 78741 Commercial Indemnity Insurance Company COMMERCIAL P.O. Box 67 INDEMNITY INSURANCE CO. Austin, Texas 78741 KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12' day of May, 1996, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey - In -Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: John W. Schuler State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Conunercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. State of Texas County of Travis On this 12' day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Commission Expires 5 -20 -98 CERTIFICATE Signed and Sealed at the said Company at Austin, Texas dated th � John W. Schuler. President Shannon McBride, Notary Public BD38291 POWER OF ATTORNEY •/' wra it 1, the undersigned, Secretary of Connnercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: s 1 1th day of November 19 98 "- P- L j i ay",,,,,, Paul Cameron, Secretary COMMERCIAL INDEMNITY Insurance Company (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE To obtain information or make a complaint: You may contact John W. Schuler, President of Operations, whose direct dial number is 512 -444 -7776. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 234 -8046 You may also write to Commercial Indemnity Insurance Company : 1507 South IH -35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800- 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 -475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. • t 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: postbid.doc PBD -4 THE STATE OF TEXAS COUNTY OF WILLL4MSON PAYMENT BONI) 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, TEXAS, (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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. postbid.doc PBD -5 PAYMENT BOND (continued) postbid doc 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 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: PBD -6 NOV -13 -98 FRI 11 :24 AM TX NATIONAL AGENCY INC,- , -NAX NO. 5123466021 P.01/02 HAYDEN CONCRETE. INC. TEL:512- 835 -7999 Nov 11.98 13 :22 No.003 P.02 To: City of Round Rock 221 Bast Main Street Round Rock, Texas 78664 Description of Work THIS IS TO CERTIFY THAT Travelers .Ins Company is, at rho 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 INSURANCE NO. DATE DATE LIABILITY Wotirntea's Y17B724L287 -3 -98 Compensation Comprehensive Oeneml YLSCP7241E290 -4 -98 5 -24 -98 5 -24-99 Liability Includes Contractual Liability Covers independent -included Contractors Owners - Not included Protective - Contractors included onOWAx jtRTIFICATR OF INS1J ANCE 5 -24 -98 5 -24 -99 included per policy conditions PBD -7 Date . November 12, 1998 Statutory, i 004.0 Texas. $ 00 Employe's Liability Bodily Injury St 00_1_1)./pranss Each Occurrence $ 2,000,000 Gen Aggregate Property Damage $ /accident $ aggregate Bodily Injury $ /person $ , /accident Property Damage $ /accident $ aggregate 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 To: City of Round Rock 221 East Main Street Round Rock, Texas 78664 postbid.doc PBD -7 CERTIFICATE OF INSURANCE Date Description of Work THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS OF INSURANCE NO. DATE 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 NOV -13-98 FRI 11 :25 Aft TX NATIONAL AGENCY INC 1FAX NO. 5123488021 HAYDEN CONCRETE INC. TEL :512- 835 - 7999 ° Nov. .1.98 13:23 No.003 P.03 A.ulomoblie CmPtalwalsive IRCLP724i292 - 8 - 98 Liability Owned Vehicles - included Hired Vehicles included - included Non -owned Vehicles Includes Connaotual Liability Contractual Liability wd,doe - included per policy Title P. 0. Box 180027 Address PADA conditions 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. Travel s Insurance Company Name o By Harold L. Shnits. Jr. - Timberline insurance Services, Inc. Austin, Tx. 78718 -0027 P. 02/02 Bodily Injury $/ Onak Combined Single S /accident Limit Property Damage $ ,_Jaooident Certificate of Insurance (continued Comprehensive Bodily Injury Automobile $ /person Liability $ /accident Owned Vehicles Property Damage Hired Vehicles Non -owned Vehicles Includes Contractual Liability Contractual Liability 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. postbid,doc Name of Insurer By Title Address PBD -8 $ /accident KNOW ALL MEN BY THESE PRESENTS, That we, Sealed with our seals and dated this and The City of Round Rock, Texas. The City of Round Rock, Texas postbid.doc MAINTENANCE BOND BOND NUMBER AMOUNT (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. day of , A.D. nineteen hundred WHEREAS, the said Principal has heretofore entered into a contract with Dated , 19 , for construction of WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: 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: PBD -9 MAINTENANCE BOND (continued) postbid.doc -,..7.1; 7 OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Principal Surety By By PBD-10 4.0 GENERAL CONDITIONS 1 1 General Conditions of Agreement 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1.0 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 2.0 Responsibilities of the En • 'neer and th i ntractor 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.doc GC -1 3.0 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 4.0 Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5.0 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.doc GC -2 6.0 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 7.0 Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8.0 Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9.0 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 10.0 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.doc GC -3 1.0 Definition of Terms 1.01 Owner. Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and are referred to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any of documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of Contract documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor 1.04 Sub - subcontractor gencond.doc 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 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work 1.08 Working Dy gencond.doc GC -5 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. 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. 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work gencond.doc 2.0 Responsibilities of the Engineer and the Contractor 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. 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. 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 judgment 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 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 gencond doc 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. GC -7 gencond.doc Likewise, the Contractor shall be solely responsible for the safety of himself his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test GC -8 excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers genconddoc The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop GC -9 gencond,doc drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the 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 Prelimi Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. GC -10 2.14 Defects and Their Remedies gencond.doc It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual 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. GC -11 gencond.doc 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 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. 3.0 General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has GC -12 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. 3.05 Collateral Contracts gencond.doc 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 Disc repancies a nd 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. GC -13 3A8 Dam= gencond.doc 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 of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100°/x) 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 less that $50,000.00, a letter of credit may be furnished in lieu of a performance bond. It is agreed that the Contract shall not be in effect until such performance bond or letter of credit, and payment bond are furnished and approved by the owner. GC -14 gencond.doc Unless otherwise specified, the cost of the premium for the performance bond or letter of credit, and payment bond shall be included in the price bid by the. Contractor for the work under this Contract, and no extra payment for such bond or letter of credit will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds or letter of credit shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds or letters of credit in the State of Texas. 3.11 Josses 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 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 GC -15 3.14 gencond_doc written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 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 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. GC -16 3.16 Assignment and Subletting 3.17 Indemnification gencond_doc GC -17 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 Attomey, 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. 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, judgments 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 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 gencond.doc 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 vary insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. 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 occurrence. Contractor shall require subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than Workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be canceled 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. GC -18 gencond.doc Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean - up Upon the completion of the work and before acceptance and fmal payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any 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 re- testing for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the re- testing shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing re -tests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. GC -19 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 gencond.doc 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, Southwestem 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. 4.0 Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided. that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. GC -20 4.02 Extension of Time 4.03 Hindrances and Delays 5.0 Measurement and Payment 5.01 Ouantities and Measurements 5.02 Estimated Quant'ties genconddoc 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. 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. 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 furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. GC -21 gencond.doc 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. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this GC -22 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 gencond.doc 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 work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th GC -23 5.08 Payments Withheld gencond.doc 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. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. g) Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and final 'payments,' until fully paid, which shall fully liquidate any injury to the Contractor GC -24 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. 6.0 Extra Work and Claims 6.01 Change Orders gencond.doc Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, The Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an increase in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. GC -25 7.0 PLANS 1.0 GENERAL DESCRIPTION plans.doc PLANS 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 Creekmont West Park. Jogging Trail complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 2.0 PLANS The construction drawings listed below form a part of the Contract Documents: Sheet Index Sheet No. Description 1 Cover Sheet and General Notes 2 JoggingTrail Site 1 3 JoggingTrail Site 2 4 JoggingTrail Site 3 P -1 6.03 Extra Work gencond.doc 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; 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 ratable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery GC -26 gencond.doc and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost" No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. GC -27 6.96 Arbitration 7.0 Abandonment of Contract 7.01 ,Abandonment by Contractor gencond.doc 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 party 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. 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 -28 gencond -doc 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 GC -29 7.02 Abandonment by Owner gcncond.doc GC -30 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, 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. 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 can-y 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 gencond.doc above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8.0 Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. GC -31 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. 8.02 Subcontractual Relations gencond.doc 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 Subcontractors work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. GC -32 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 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. 9.0 Separate Contracts 9.01 Owner's Right to Award Separate Contracts gencond.doc 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 GC -33 gencond.doc 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 Patchins under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be bome by the party responsible therefor. 10.0 Protection of Persons and Property 10.01 ,Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 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 GC -34 gencond.doc 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. 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. GC -35 gencond.doc 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 liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -36 5.0 SPECIAL CONDITIONS 1.0 INFORMATION 1.01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to Baker - Aicklen & Associates, Inc., 203 E. Main Street, Suite 201, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 1.02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED specond.doc The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 1.03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 1.04 I I UIDAT D 1: _ • u 1.05 LOCATION 1.06 USAGE OF WATER MAGES FOR FAILURE TO C 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. The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 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 SC -1 MPLET 1.07 PAY ESTIMATES 2.0 SPECIAL CON SIDERA TI ONS 2.01 CROSSING UTILITIES 2.02 specond.doc 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. If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be retumed to Contractor. 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. E ITY SERV 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. 2.03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor 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. SC -2 2.04 MIN_I_Mi_i_M WAGE SCALE 2.05 LIMITDEMEANCIALRESSHIRCES 2.06 CONSTRUCTION RE VIEW 2.07 L OF W AND PAYMENT 2.08 PAYMENT FOR MATERIALS ON HAND 2.09 "AS- BUILT" DRAWINGS specond.doc SC -3 Minimum wage scale as specified in section 3.22 of the General Conditions and in accordance with State of Texas and Federal Government regulations. The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. The Owner shall provide a project representative to review the quality of materials and workmanship. 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. 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. 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 specond.doc 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. 2.10 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. 2.11 DEVIAT 1 NS I CA I E 1 BY UTILITY CTURE 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. 2.12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 3.0 TRAFFIC CONTRO Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of SC -4 specond,doc 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. 4.0 MAINTENANCE BOND Per City of Round Rock Ordinances, a two (2) year Maintenance Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. A one (1) year Maintenance Bond 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. 5.0 INSIJRANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. SC -5 specond,doc c. Automobile Liability insurance for all owned, non - owned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owners 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. SC -6 specond,doc 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 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. SC -7 specond.doc 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. SC -8 6.0 TECHNICAL SPECIFICATIONS 1.0 GF,NF,R AI, DESCRIPTION 1.01 SCOPE OF WORK 1.02 GOVERNING TECHNICAL SPECIFICATIONS techspec.doc The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing of Creekmont West Park. Jogging Trail 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. 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 Baker- Aicklen & Associates, Inc. 2.0 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRIJCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. TS -1 2.01.2 $ACKWORK 2.02 GRADING techspec_doc 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 m a neat and satisfactory condition approved by the Engineer. 3.0 EXAMINATION AND REVIEW 3.01 EXAMINAT OF WOR The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. TS -2 3.04 PROTECTION OF STAKES. MARKS. ETC techspec_doc 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 corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. 4.0 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 RO E TI t ► 1 F TREE PL D SHRUB The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the "Texas Manual of Uniform Traffic Control Devices" and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 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. TS -3 5.0 MATERIALS 5.01 THADENAIMS Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP techspec.doc 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 judgment 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 -4 Series 100 EARTHWORK 101 Preparing Right of Way 102 Clearing and Grubbing 104 Removing Concrete 110 Street Excavation 111 Excavation 120 Channel Excavation 130 Borrow 132 Embankment Series 200 SUBGRADE & BASE CONSTRUCTION 201 Subgrade Preparation 202 Hydrated Lime and Lime Slurry 203 Lime Treatment for Materials in Place 204 Portland Cement Treatment for Materials in Place 206 Asphalt Stabilized Base (Plant Mix) 210 Flexible Base 211 Recycling Existing Aggregate 220 Sprinkling for Dust Control 230 Rolling (Flat Wheel) 232 Rolling (Pneumatic Wheel) 234 Rolling (Tamping) 236 Rolling (Proof) 281 Termite Control SERIES 300 STREET SURFACE CONTROL 301 Asphalts, Oils and Emulsions 302 Aggregates for Surface Treatments 306 Prime Coat 307 Tack Coat 310 Emulsified Asphalt Treatment 311 Emulsified Asphalt Repaving 312 Seal Coat techspec.doc CITY OF AUSTIN STANDARD TECHNICAL SPECIFICATIONS TS -5 SERIES 300 STREET SURFACE CONTROL (cont.) 313 Rubber Asphalt Joint and Crack Sealant 315 Milling Asphaltic Concrete Pavement 320 Two Course Surface Treatment 340 Hot Mix Asphaltic Concrete Pavement 341 Paving Fabric 350 Heating, Scarifying and Repaving 351 Rejuvenating Agent 360 Concrete Pavement 370 Concrete Pavers 375 Concrete Pavers for Sidewalk Ramps Series 400 CONCRETE AND STRUCTURES 401 Structural Excavation and Backfill 402 Flowable Backfill 403 Concrete for Structures 404 Pneumatically Placed Concrete 405 Concrete Admixtures 406 Reinforcing Steel 407 Fibrous Concrete 408 Concrete Joint Materials 409 Membrane Curing 410 Concrete Structures 411 Surface Finishes for Concrete 414 Concrete Retaining Walls 420 Drilled Shaft Foundations 424 Prestressed Concrete Planks 425 Prestressed Concrete Structures 430 Concrete Curb and Gutter 431 Machine Laid Curb and Gutter 432 Concrete Sidewalks 433 Concrete Driveways 434 Concrete Medians and Islands 435 Concrete Steps 436 Concrete Valley Gutters 438 Elastomeric Materials 439 Parking Lot Bumper Curb 461 Trash and Litter Coffins techspec.doc TS -6 Series 500 PIPE AND APPURTENANCES 501 Jacking or Boring Pipe 502 Tunneling 503 Frames, Grates, Rings and Covers 504 Adjusting Structures 505 Encasement and Encasement Pipe 506 Manholes 507 Bulkheads 508 Miscellaneous Structures and Appurtenances 509 Trench Safety Systems 510 Pipe 511 Water Valves 551 Pipe Underdrains 558 Structural Plate Structures 559 Concrete Box Culverts 591 Riprap for Slope Protection 593 Concrete Retards 594 Gabions Series 600 ENVIRONMENTAL ENHANCEMENT 601 Salvaging and Placing Topsoil 602 Sodding for Erosion Control 604 Seeding for Erosion Control 605 Soil Retention Blanket 606 Fertilizer 607 Slope Protection 608 Planting 610 Preservation of Trees and Other Vegetation 620 Filter Fabric 621 Diversion 622 Diversion Dike(DD) 623 Dry Stack Rock Wall (DS) 624 Earth Outlet Sediment Trap (EST) 625 Grade Stabilization Structure (GSS) 626 Grass -Lined Swale (GW) 627 Grass -Lined Swale with Stone Center (GWS) 628 Sediment Containment Dike techspec.doc TS -7 Series 600 ENVIRONMENTAL ENHANCEMENT (cont.) 629 Brush Berm Barrier for Erosion Control (BB) 630 Interceptor Dike (ID) 631 Interceptor Swale (IS) 632 Storm Inlet Sediment Trap (IST) 633 Landgrading (LG) 634 Level Spreader (LS) 635 Perimeter Dike (PD) 636 Perimeter Swale (PS) 637 Pipe Slope Drain (PSD) 638 Pipe Outlet Sediment Trap (PST) 639 Rock Berm (RB) 640 Mortared Rock Wall (RW) 641 Stabilized Construction Entrance (SCE) 642 Silt Fence (SF) 643 Stone Outlet Structure (SOS) 644 Stone Outlet Sediment Trap (SST) 646 Tied Precast Revetment Series 700 INCIDENTAL CONSTRUCTION 701 Fencing 702 Removing and Relocating Existing Fences 703 Fencing for Excavations 704 Metal Beam Guard Railing 705 Remove and Relocate Existing Metal Beam Guard Railing 706 Bridge and Culvert Railing 720 Metal for Structures 721 Steel Structures 722 Paint and Painting 723 Structural Welding 725 Survey Markers Series 800 URBAN TRANSPORTATION 801 Construction Detours 802 Capital Improvement Project Signs 803 Signs and Traffic Handling 824 Traffic Signs 825 Street Name Signs 842 Pull Boxes techspec.doc TS -8 Series 800 URBAN TRANSPORTATION (cont.) 843 Ducts. 860 Pavement Marking Paint (Reflectorized) 861 Thermoplastic Pavement Markings 863 Reflectorized Pavement Markings 864 Abbreviated Pavement Markings 865 Nonreflectorized Traffic Buttons 866 Jiggle Bar Tile 867 Epoxy Adhesive techspec.doc TS -9 TEXAS DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAY, STREETS AND BRIDGES Division I General Requirements and Covenants 1 Definition of Terms 2 Instructions to Bidders 3 Award and Execution of Contract 4 Scope of Work 5 Control of Work 6 Control of Materials 7 Legal Relations and Responsibilities to the Public 8 Prosecution and Progress 9 Measurement and Payment Division I Earthwork 100 Preparing Right of Way 103 Disposal of Wells 104 Removing Concrete 105 Removing Stabilized Base And/Or Asphaltic Pavement 106 Obliterating Abandoned Road 110 Excavation 112 Subgrade Widening 132 Embankment 134 Backfilling Pavement Edges 150 Blading 152 Road Grader Work 154 Scraper Work 156 Bulldozer Work 158 Specialized Excavation Work 160 Fumishing and Placing Topsoil 162 Sodding for Erosion Control 164 Seeding for Erosion Control 166 Fertilizer 168 Vegetative Watering 169 Soil Retention Blanket 170 Irrigation System 180 Wildflower Seeding techspec_doc TS -10 192 Roadside Planting and Establishment 193 Landscape Maintenance Division II Subbase and Base Courses 204 Sprinkling 210 Rolling (Flat Wheel) 211 Rolling (Tamping) 212 Rolling (Heavy Tamping) 213 Rolling (Pneumatic Tire) 214 Rolling (Heavy Pneumatic Tire) 215 Rolling (Grid) 216 Rolling (Proof) 217 Rolling (Vibratory) 247 Flexible Base 251 Reworking Base Material 260 Lime Treatment for Materials Used as Subgrade (Road Mixed) 262 Lime Treatment for Base Courses (Road Mixed) 263 Lime Treated Base (Plant Mixed) 264 Lime and Lime Slurry 265 Lime -Fly Ash (LFA) Treatment for Materials Used as Subgrade 266 Lime -Fly Ash (LFA) Treatment for Base Coursed (Road Mixed) 275 Portland Cement Treated Materials (Road Mixed) 276 Portland Cement Treated Base (Plant Mixed) Division III Surface Courses or Pavement 300 Asphalts, Oils and Emulsions 301 Asphalt Antistripping Agents 302 Aggregates for Surface Treatments 303 Aggregate for Surface Treatments (Lightweight) 305 Salvaging, Hauling and Stockpiling Reclaimable Asphaltic Pavement 310 Prime Coat (Cutback Asphaltic Material) 312 Prime Coat (Cutback Asphaltic Material and Sand) 314 Emulsified Asphalt Treatment 315 Emulsified Asphalt Seal 316 Surface Treatments 318 Hot Asphalt- Rubber Surface Treatment 330 Limestone Rock Asphalt Pavement (Class A) 332 Limestone Rock Asphalt Pavement (Class B) techspec.doc TS-I1 334 Hot Mix -Cold Laid Asphaltic Concrete Pavement 340 Hot Mix Asphaltic Concrete Pavement 342 Plant Mix Seal 345 Asphalt Stabilized Base (Plant Mix) 351 Repairing Existing Flexible Pavement Structure 352 Cleaning and/or Sealing Joints and Cracks (Asphaltic Concrete) 354 Planing and/or Texturing Pavement 356 Fabric Underseal 358 Asphaltic Concrete Surface Rehabilitation 360 Concrete Pavement 361 Full -Depth Repair of Existing Concrete Pavement 368 Terminal Anchorage Lugs (Concrete Pavement) techspec.doc TS -12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Division IV Structures 400 Excavation and Backfill for Structures 402 Trench Excavation Protection 403 Temporary Special Shoring 404 Driving Pile 405 Foundation Test Load 406 Timber Piling 407 Steel Piling 409 Prestressed Concrete Piling 416 Drilled Shaft Foundations 420 Concrete Structures 421 Portland Cement Concrete 422 Reinforced Concrete Slab 423 Retaining Wall 424 Precast Concrete Structures (Fabrications) 425 Prestressed Concrete Structural Members 426 Prestressing 427 Surface Finishes for Concrete 428 Concrete Surface Treatment 429 Concrete Structure Repair 430 Extending Concrete Structures 431 Pneumatically Placed Concrete 432 Riprap 433 Joint Sealants and Filters 434 Sliding Elastomeric Bearings 435 Elastomeric Materials 437 Concrete Admixtures 438 Cleaning And/Or Sealing Joints and Cracks(Portland Cement Concrete) 439 Concrete Overlay of Structure Decks 440 Reinforcing Steel 441 Steel Structures 442 Metal for Structures 443 Permanent Metal Deck Forms 444 Bridge Protective Assembly 445 Galvanizing 446 Cleaning, Paint and Painting 447 Structural Bolting 448 Structural Field Welding 449 Anchor Bolts 450 Railing 452 Removing Railing techspec.doc TS -13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 453 Temporary Railing 454 Sealed Expansion Joints 458 Waterproofing for Structures 460 Corrugated Metal Pipe 461 Structural Plate Structures 462 Concrete Box Culverts and Sewers 464 Reinforced Concrete Pipe 465 Manholes and Inlets 466 Headwalls and Wingwalls 467 Safety End Treatment 471 Frames, Grates, Rings and Covers 472 Removing and Relaying Culvert and Storm Sewer Pipe 473 Laying Culvert and Storm Sewer Pipe 474 Slotted Drain 476 Jacking, Boring or Tunneling Pipe 479 Adjusting Manholes and Inlets 480 Cleaning Existing Culverts 481 PVC Pipe for Bridge Drains 483 Scarifying Concrete Bridge Slab 485 Wet Sandblasting 490 Timber Structures 491 Timber for Structures 492 Timber Preservative and Treatment 495 Raising Existing Structures 496 Removing Old Structures 497 Disposal of Salvageable Material 498 Plant Inspection Laboratory (Equipped) Division V Incidental Construction 500 Mobilization 502 Barricades, Signs and Traffic Handling 504 Facilities for Field Office and Laboratory 508 Constructing Detours 510 One -Way Traffic Control 512 Portable Concrete Traffic Barrier 514 Permanent Concrete Traffic Barrier 520 Weighing and Measuring Equipment 522 Portland Cement Concrete Plants 524 Hydraulic Cement 526 Membrane Curing techspec.doc TS -14 529 Concrete Curb, Gutter and Combined Curb and Gutter 530 Driveways and Tumouts 531 Sidewalks 532 Concrete Erosion Retards 534 Structure Approach Slabs 536 Concrete Medians and Directional Islands 538 Right of Way Markers 540 Metal Beam Guard Fence 542 Removing Metal Beam Guard Fence 550 Chain Link Fence 552 Wire Fence 556 Pipe Underdrains 560 Mailbox Assemblies 575 Epoxy 580 Project Maintenance 585 Ride Quality for Pavement Surfaces techspec.doc TS -15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Division VI Lighting and Signing 610 Roadway Illumination Assemblies 611 Removing Roadway Illumination Assemblies 612 Relocating Roadway Illumination Assemblies 613 High Mast Illumination Poles 614 High Mast Illumination Assemblies 616 Performance Testing of Lighting Systems 618 Conduit 620 Electrical Conductors 622 Duct Cable 624 Ground Boxes 625 Zinc - Coated Steel Wire Strand 627 Treated Timber Poles 628 Electrical Services 629 Removing Service Poles 634 Plywood Signs (Type A) 636 Aluminum Signs (Type A) 637 Aluminum Signs (Type G) 639 Revising Guide Sign Messages 642 Aluminum Signs (Type 0) 643 Sign Identification Decals 644 Small Roadside Sign Assemblies 646 Small Roadside Sign Supports 647 Large Roadside Sign Supports 648 Replacing or Refurbishing Roadside Signs 649 Removing or Relocating Roadside Sign Assemblies 650 Overhead Sign Supports 651 Removing Overhead Sign Supports 652 Highway Sign Lighting Fixtures 654 Sign Walkways 656 Foundations for Signs, Traffic Signals and Roadway Illumination Assemblies 658 Delineator and Object Marker Assemblies 659 Removing Delineator and Object Marker Assemblies 660 Winged Channel Posts 662 Work Zone Pavement Markings 666 Reflectorized Pavement Markings 668 Prefabricated Pavement Markings 672 Raised Pavement Markers 677 Eliminating Existing Pavement Markings and Markers 678 Pavement Surface Preparation for Markings 680 Installation of Highway Traffic Signals techspcc doc TS -16 681 Temporary Traffic Signals for Construction 682 Vehicle and Pedestrian Signal Heads 684 Traffic Signal Cables 686 Traffic Signal Pole Assemblies (Steel) 688 Traffic Signal Detectors techspec.doc TS -17