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Res 01-48 Authorizing a Contract with Reynolds Asphalt and Construction Company
TOWN OF WESTLAKE RESOLUTION NO. 01-48 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT IN THE AMOUNT OF $265,750.25 WITH REYNOLDS ASPHALT AND CONSTRUCTION COMPANY FOR THE RECONSTRUCTION OF DOVE ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby authorizes the Town Manager to enter into a contract in the amount of$265,750.25 with Reynolds Asphalt and Construction Company for the reconstruction of Dove Road. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 12" DAY OF NOVEMBER, 2001. ATTEST: Scott Braley, Mayor Ginger rosswy, Town S6Netary Trent O. Petty, own N46ager APPROVED AS TO FORM: IA\� k Matthew Boyle, Town Attorney Rei o I --48 CONTRACT DOCUMENTS and SPECIFICATIONS fo r DOVE ROAD RE-CONSTRUCTION PRECINCT LINE ROAD EAST TO WESTLAKE EAST TOWN LIMITS (THE EAST SIDE OF BRIDGE AT HIGGINS BRANCH) BID NUMBER 100 AUGUST, 2001 OF *. ............ : pd� i ..W.1.WII.!_tAMS �! 65174 / 118 TOWN OF WESTLAKE, TEXAS Prepared By: Graham Associates, Inc. 616 Six Flags Drive,Suite 400 Arlington,Texas 76011 (817)640-8535 TABLE OF CONTENTS 1. Project Location Map 2. Notice to Bidders 3. Proposal 4. Maintenance Bond 5. Performance Bond 6. Payment Bond 7. Standard Form of Agreement 8. Certificate of Insurance 9. Wage Rates 10. Specifications 11. Existing & Proposed Paving Sections 12. General Conditions 13. Special Conditions PROJECT LOCATION MAP VICINITY MAP 'r�� " DOVE ROAD RECONSTRUCTION '�,J � C��r `'.`:, _�� � [rnll (Precinct Line Road East t-d �l to the East Westlake Town ��%_ Limits) TOWN LIMITS 0 W N 0 F _ 1 ?4 T R O P H Y C L U B cc: y" - / Lu _ WESTLAE TOWN LIMITS DOVE ROAD _ �.., B+��Q' \`54 v d / Ir pRa�cr DOVE ROAq � 1 TOWN DD TOWN LIMYTS _.,._.... it C 77 Y F S 0 U T H L A K E 4 y RANL70L MILL RD. r% r TOWN LIMITS ..� •,a6AII,-:�'.!. i'•C7vE�iC{3CC�h;r'f HUCfl[iN`.v:C:1MSTY,PFO NOTICE TO BIDDERS Dove Road Re-Construction (from Precinct Line Road cast to the Westlake east Town limits located on the east side of the bridge at Higgins Branch). Sealed proposals for the above referenced project will be received at the Town Hall, Town of Westlake, 3 Village Circle, Suite 207, Westlake, Texas, 76262 until 2:00 p.m., Thursday, October 11, 2001, (C.S.T.). Each bidder shall identify his sealed proposal by typing on the outside of the envelope: Town of Westlake Dove Road Re-Construction Bid Number 100 Attn: Ginger Crosswy 3 Village Circle, Suite 207 Westlake, Texas 76262 The Town shall receive, publicly open, and read aloud the names of the bidders and the amounts bid. A pre-bid conference will be held at 3:00 p.m., on Thursday, October 4, 2001 in the Town Council Room, at the Town of Westlake, 3 Village Circle, Suite 207, Westlake, Texas 76262. All prospective bidders are required to have a representative from your firm attend this pre-bid conference. Should you have any questions or comments pertaining to this project, contact Jeff Williams, P.E.the Town Engineer at(817) 640-8535- Plans and specifications will furnished without charge to any general contractor desiring to submit a bid for this project, and may be picked up in person at the Town Hall of Westlake, Texas. PROPOSAL To: Town of Westlake For: Dove Road Re-Construction The undersigned Bidder having thoroughly examined the contract documents, including plans, specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material, except as specified to be furnished by the Town, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to the inspection and approval of the Town of Westlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract and fiunish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the contract documents for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sum: PROPOSAL SCHEDULE ITEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE IN FIGURES NO. AND UNIT UNIT "DOTAL BASE PROJECT 1. 15,870 S.Y. Pulverize,shape and compact existing road to 24'width. One Dollars Thirty Cents Per Square Yard $ 1_30 $ 20,631.00 2. 15,870 S.Y. 4"Type"B"H.M.A_C.coarse base per Tx.D.O.T. Item 340 to 24' width. Seven Dollars _ Twenty-five Cents Per Square Yard $ 7.25 $ 115.057.50 3. 14,545 S.Y. 2"Type"D"HMAC paving 22' width. Four Dollars _ Forty-five Cents Per Square Yard $ 4.45 $ 64,725.25 4, 1 L.S. Ditchwork(Including cleaning out culverts, clearing brush,mowing,and Hydromulch) Eighteen Thousand Dollars No Cents Per Square Yard $ 18,000.00 $ 18 000.00 P-1 ITEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE IN FIGURES NO. AND UNIT UNIT TOTAL 5. 1 L.S. 2-36"x38' aluminized corrugated steel pipe(14 gage)complete, including removing and disposing of existing twin-36"pipe at Kirkwood Branch crossing. Eight Thousand Dollars No Cents Per Lump Sum $ 8.000.00 $ 8,000.00 6. 5,950 L.F. 4" solid double yellow thermoplastic pavement marking. No Dollars _ Sixty-five Cents Per Linear Foot $ 0.65 S 3,867.50 7, 11,900 L.F. 4" solid white thermoplastic pavement marking. No Dollars _ Thirty-five _Cents Per Linear Foot $ 0.35 $165.00 8. 238 EA. Type II-A-A reflectorized pavement Markers spaced at 25' intervals- Eight ntervals_Ei ht Dollars No Cents Per Each $ 8.00 $ 1,904.00 9. 1 L.S. Traffic control plan. Ten Thousand Dollars No Cents Per Lump Sum $ 10 000.00 $ 10,000.00 10. 1 L.S. Erosion control plan. Six Thousand Dollars No Cents Per Lump Sum $ 6.000.00 $ 6,000.00 11. 2 EA. Reinforced concrete headwall,CH-11,Type"A" per Tx.D.O.T. for 2—36" corrugated steel pipe, complete. Five Thousand Eight Hundred Dollars No Cents Per Each $ 5,800-00 $ 11,600.00 P-2 ITEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE IN FIGURES NO. AND UNIT UNIT TOTAL 12. 4 EA. Adjust existing manhole ring and cover, complete. Four Hundred Fifty Dollars No Cents Per Each $ 450.00 $, 1,800.00 *TOTAL BASE PROTECT S 265,750.25 *Includes 2 year maintenance bond. This total must agree with the total amount bid. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated Quantity provided for herein will be no more than the invoice price for such material to the Contractor. P-3 PART B— PROPOSAL (Continued) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the Owner in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against. The bidder agrees to begin construction within ten ,10) calendar days after the issuance of the Notice to Proceed with Construction (Work Order), and to complete the contract within ninety(90) calendar days after receipt of said notice. Receipt is acknowledged of the following addenda: Addendum No. 1 08-Oct-01 (Seal) if bidder Corporation Addendum No. 2 10-0ct-01 Addendum No. 3 Respectfully submitted Company Reynolds Asphalt & Construction Company Name Ned Tankersley Title Vice President Address P.O_ Box 370 City, State, Zip Euless, Texas 76039 Phone (817) 267-3131 Fax (817) 267-1878 P-4 PERFORMANCE BOM? BOND NO_ PRF8591581 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS that we Reynolds Asphalt& Construction Company of the City of Euless County of Tarrant and State of Texas as Principal, and Colonial American_Casualty&Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals,as Surety,are held and firmly bound unto Town of Westlake.Texas as Obligee, in the penal sum of Two Hundred Sixty-Five Thousand,Seven Hundred Fifty Dollars($ 265,750.25---------) for the payment whereof 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 Town of Westlake,Texas 'dated the day of , to construct Dove Road Reconstruction which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition 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,and according to the true intent and meaning of said contract and the plans and specifications hereto annexed,then this obligation shall be void; otherwise,to remain in full force and effect. PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govermmnent Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in 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 , REYNOLDS ASPHALT&CONSTRUCTION CO. COLONIAL AMERICAN CASUALTY&SURETY CO. Principal ) Surety By By ��Yl l(�lCL . Tamara E. Murray, Title �/(Gc ><eas c e,• Title Attorney-in-Fact Address P.O. Box 370 Address_ 12222 Merit.Drive,Suite 900 Euless, Texas 76039 Dallas,Texas 75251 The name and address of the Resident Agent of Surety is: The Sweeney Company P.O. Box 8720 Fort Worth, Texas 76124 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES The address of the surety company making this bond to which any notice of claim should be sent may be obtained by calling the Texas Department of Insurance at the above number. Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached document. This notice is given to comply with Section 2253.048, Texas Government Code and Section 53.202, Texas Property Code effective September 1, 2001. PAYMENT BOND BOND NO. PRF8591581 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS that we Reynolds As halt&Construction Company of the City of Euless County of Tarrant , and State of Texas as Principal, and Colonial American Casualty R Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals,as Surety,are held and firmly bound unto Town of Westlake,Texas , as Obligee, in the penal sum of Two Hundred Sixty-Five Thousand,Seven Hundred Fifty&251100----- Dollars($ 255,750.25—-----------) for the payment whereof 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 Town of Westlake,Texas ,dated the day of , ,to construct dove Road Reconstruction which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in any way 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 on this the day of , REYNOLDS ASPHALT&CONSTRUCTION CO. COLONIAL AMERICAN CASUALTY&SURETY CO. Principal Surety IIcy By By 11 " Tamara E. Murray, Title Vf cc PY2 S►Ck1 _ Title Attorney-in-Fact Address P.O. Box 370 Address 12222 Merit Drive, Suite 900 Euless, Texas 76039 Dallas,Texas 75251 The name and address of the Resident Agent of Surety is: The Sweeney Com an P.O. Box 8720 Fort Worth, Texas 76124 MAINTENANCE BOND BOND NO. PRF8591581 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS,that we Reynolds Asphalt&Construction Company as Principal, and Colonial American Casually&Surety Company a corporation organized under the laws of the State of Maryland and authorized to do business in the State of Texas, as Surety,are held and firmly bound unto Town of Westlake,Texas , as Obligee in the penal sum of Fifty-Three Thousand, One Hundred 'Fifty&051100------------------------------ Dollars($ 53,150.05--------), Iawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors,jointly and severally,and firmly by these presents: WHEREAS,the Principal has entered into a certain contract with the Town of Westlake, Texas dated the day of , for the construction of Cove Road Reconstruction which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall remedy, without cost to the Obligee,any defects which may develop during a period of two(2)years from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship,then this obligation shall be void; otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, this instrument is executed on this the day of } ST: REYNOLDS ASPHALT&CONSTRUCTION CO. Principal By we era cl&f Secretary COLONIAL AMERICAN CASUALTY&SURETY CO. urety B _ Tamara E. Murray Ao ey-in Fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES:P,O.BOX 1227,BALTIMORE,MD 21 20 3-1 22 7 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH_ Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,does hereby nominate, constitute and appoint Charles D. Sweeney, Bobby E. Mayo, Tamara E. Murray and Kyle W. Sweeney, all of Forth Worth, Texas, EACH its true and lawful agent and Attorney-in-Pact, to make, execute,seal and deliver, for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings EXCEPT bonds on behalf of Independent Executors,Community Survivors and Commumity Guardians; ano,the execution of uch bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and es,as ifth�een duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore.Md. r own pro ns.This power of attorney revokes that issued on behalf of Charles D.Sweeney,etal,dated July 24, 1997. The said Assistant Secretary does hereby certify that the extract set f.0the revers reof is a true copy of Article VI,Section 2.of the respective By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President and AssistanT ary have h subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND anLONIAL CAN CASUALTY AND SURETY COMPANY, this l Ith day of February,A.D. 1998. ATTEST: FIDELITY AN SIT CONY OF MARYLAND SEAL�x rt � � By: '- -• T E.Smith ° ssr'stanl Se W B. Walbrecher Vice-President COLONIA�MERIC SUALTY AND SURETY COMPANY SEALt B Y- � ,,4�3 �, T.E.Smith rant Secretary W.B. Walbrecher Vice-President State of Maryland ss: County of Baltimore On this 11th day of February,A.D. 1998,before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified_ came W. B. WALBRECHER,Vice-President and T.E.SMITH,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies.and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above wriittten- arol J.F er Notary Public M Com sion Expires: August t,2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994_ RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate seals of the said Companies.,this day of Assistant Secretary L1428-168-2682 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER (817)457-6700 FAX (817)457-7246 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE SWEENEY COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR -1121 E. Loop 820 South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0 Box 8720 Fort Werth, TX 76124-0720 INSURERS AFFORDING COVERAGE INSURED Reynolds Asphalt & Construction Company INSURER A: Travelers Prop Cas Ins Co P.O. Box 370 INSURER B; Travelers Ind Co of America Euless, TX 76039 INSURER C: Travelers Indemnity of Ct INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MWDDr Y M ATE MIDD GENERAL LIABILITY T&8-CO-210D6066-TLC-01 05/08/2001 05/08/2002 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 300,00( CLAIMS MADE 1-fl OCCUR MED EXP(Any one person) $ 5,00( A X CONTRACTUAL,XCU PERSONAL&ADV INJURY $ 11000,00( X CROSS LIAB,BFPD GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY X PRO LOC J RE AUTOMOBILE LIABILFFY EE-CAFE-209DO064-01 05/08/2001 05/08/2002 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 X ALL OWNED AUTOS BOOLY INJURY B X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peracadenl) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN FA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY TSM-CUP-209D008-8-TCT-01 05/08/2001 05/08/2002 EACH OCCURRENCE $ 10,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 10,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TK-UB-209#DO05-2-01 05/08/2001 05/08/2002 X I TORYLI,AITS I I ER EMPLOYERS'LIABILITY C ET.EACH ACCIDENT $ 500,000 E.L.DISEASE-EA EMPLOYEE $ 500,000 E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES,IEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Dove Road Reconstruction Cert holder & Graham Assoc, Inc. (Eng) named additional insured on all olicies except workers' comp as required by written contract. Waiver of subrogation in favor of cert older on workers' comp as required by written contract, 30 day notice amended to 10 day for on-payment of premium. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL XXJM MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TOWN OF WESTLAKE i(}(�Ci(�U4diDJ€x1��6�(�( J1614�X3€XXX 3 VILLAGE CIRCLE STE 207 XXX*X*)"XKXXXXXXXX WESTLAKE, TX 76262 AUTHORIZED REPRESENTATIVE '_6 D ACORD 25-S(7/97) ©ACORD C P RATION 1988 STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT, made and entered into this * day of* 2001 by and between Town of Westlake of the County of Tarrant and State of Texas, acting through Trent Pett —Town Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Reynolds Asphalt & Construction Company of the City of Euless , County of Tarrant, and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second-Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: And all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by Graham Associates, Inc. herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the Gtineral. Conditions of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date, written notice to do so shall have been given to him, and to substantially complete the same within 90 calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. SF-I The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. Town of Westlake Reynolds As halt & Construction Com an Party of the First Part(OWNER) Party of the Second Part(CONTRACTOR) By. By: vtce, 4as,'4-4 ATTEST: ATTEST: t. SF-2 WAGE DETERMINATION COUNTY (IES): JOHNSON PARKER TARRANT PLLMO146B 05/01/1998 Rates Fringes PLUMBERS/PIPEFITTERS 18.98 2.79 ---------------------------------------------------------------------------------------------------------------------- SUTX2047A 06/01/1990 Rates Fringes CARPENTERS 10.40 $ 3.64 CONCRETE FINISHERS 9.81 ELECTRICIANS 13.26 FORM SETTERS 7.86 LABORERS: Common .37 8.09 Utility 8 18.89 PAINTERS PIPELAYERS 8.43 POWER EQUIPMENT OPERATORS: Backhoe 11.89 3.30 Bulldozer 10.76 Crane 13.16 3-30 Front End Loader 10.54 Mechanic 10.93 Scraper 10.00 REINFORCING STEEL SETTERS 10.64 TRUCK DRIVERS 7.34 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 GFR 5.5 (a)(1)(v)). In the listing above,the"SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 02/29/98 SPECIFICATIONS All construction shall be subject to the inspection and approval of the Town Engineer, and/or Inspectors of the Town of Westlake. The Standard Specifications for Public Works Construction by North Central Texas Council of Governments (NCTCOG) the "Standard Specifications for Construction of Highways, Streets, and Bridges," dated 1993, as amended by the Texas Department of Transportation, and the Standard Specifications and requirements of the Town of Westlake shall govern the construction of this project, unless otherwise noted in these specifications, or on the construction plans. In the event of a conflict of the specifications, the Engineer shall determine which specification shall govern for a particular circumstance. SECTION 01010 SUMMARY OF WORD PART 1 - GENERAL 1.1 DESCRIPTION The work to be performed under this contract consists of furnishing all labor materials, equipment and incidentals necessary for the reconstruction of the paving and subgrade for Dove Road and grading of the adjacent ditches in the Town of Westlake, from Precinct Line Road east to the city limits of the Town of Westlake and the City of Southlake, as shown on the location map provided herein. 1.2 JOB CONDITIONS A. The Contractor shall confine his operations to the limits of existing rights-of-way and easements. B. The Contractor shall use extreme caution when working adjacent to the yards of property owners so as to minimize the inconvenience to the public caused by the work herein.. C. When there is doubt on the part of the Contractor as to the right-of-way or alignment, the Contractor will request and follow direction of the Engineer. D. Any property corner or right-of-way marker removed or destroyed shall be replaced at the Contractor's expense. E. The Contractor shall be responsible for determining the location of existing utilities prior to construction. The Contractor shall be responsible for any damage to existing utilities. F. The Contractor shall be responsible for visiting the site and determining site conditions that may affect the project. G. EXPLOSIVES The use of explosives will not be permitted on this project- 01010-1 H. PROPERTY PRESERVATION The Contractor shall be responsible for the preservation and protection of all trees, shrubs, sprinkler systems, fences, mail boxes, and other property owner or business improvements located within the limits of construction. The destruction or damage of said property owner or business improvements, by the Contractor, designated for preservation shall be replaced or repaired at the Contractor's expense. I. TRAFFIC CONTROL Dove Road can not be closed during construction. Upon award of contract, the contractor shall submit a schedule for lane closures for Dove Road, subject to the approval of the Town of Westlake. The Contractor shall furnish and install and remove upon completion the barricades, signage, -and warning devices necessary for the reconstruction of Dove Road in accordance with "Texas Manual on Uniform Traffic Control Devices, for Streets and Highways" as published by the Texas Department of Transportation. 1.3 REFERENCE SPECIFICATIONS The applicable provisions of the following shall apply to this project. A. Engineering Standards for the Town of Westlake B. Standard Specifications for Public Works Construction, latest revision, as Published by the North Central Texas Council of Governments. C. Texas Department of Transportation 1993 Standard Specifications for Construction of Highways, Streets and Bridges as adopted by the Texas Department of Transportation, March 1, 1993. D. The.Texas Manual on Uniform Traffic Control Devices, 1980 edition as amended. 1.4 TIME OF COMPLETION The road can not be closed. One lane of traffic must be left open at all times. The project shall be completed within 90 calendar days. Liquidated damages shall be $500/day. If inclement weather impairs the progress of the project, the schedule may be adjusted by the Town. 01010-2 PROPOSED PAVING SECTIONS { �,• •.g �. y� Ditch Al lip Z X rt Ditch -- r r--.. ..,.---_ rrfr ` + � , '�• �• ,p�� •, ' 11 �° _ -�i4i—st. Aaph alt C,---Pavement ROAD --------- ---- _ rt Dit CL Ditch -+ p r � 4 LIMITS OF 1 k 'I ,� LIMITS OF CONSTRUCTION , CONSTRUCTION �� t 11 'U ,� f • �4- X. LIMI1 S (�F CONSTRUCTION PIAN SHOWING DOVE ROAD & RANDOL n MILL ROAD INTERSECTION GRAPHIC SCALE 0 5C 100 150 l._•1s•;L CI10N\DOVE—INT.PRC R.O.W. VARIES VARIES O O VARIES 12'--0" 12'-0" 2" TYPE "D" H.M.A.C. 11-0 22'-0" PAV NG SECTION PER TxDOT ITEM 340 TYP. 4" TYPE "B" H.M.A.C. COMPACTED TO MIN. 95 COARSE BASE PER w/0.10 GAL/SQ.YD. AC- TxDOT ITEM 340 PRIMER OIL. COMPACTED TO MIN. 95% 3" PARABOLIC CRO PULVERIZE EXISTING PAVEMENT AND BASE, GRADE AND COMPACT TO MIN. 95% STD. DENSITY PER ASTM D-698 w/0.25 GAL/SQ. YD. AC-5 PRIMER OIL. GRADE ALL DITCHES TO SMOOTH APPEARANCE AND TO DRAIN NOTE: PROPOSED PAVING 1. ASHYDHOMULCHOUTSIDE ALL DISTURBED AREAS OUTSIDE OF PAVED T SURFACES. SECTION ION 2. THE CONTRACTOR SHALL PROVIDE CONSTRUCTION ZONE SIGNAGE AND TRAFFIC CONTROL DEVICES IN ACCORDANCE WITH D OVE UNIFRM ROAD TRAFFICXAS CONTROLADEVOICES" AND N.T.S. AS APPROVED BY THE ENGINEER. d tiVrF,.`,TI_:xKC' 5") ff�JN`�Pl.,%:;crC.f�P.p TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. Definition of Terms Page 1.01 Owner, Contractor and Engineer.............................................................................................G-1 1.02 Contract Documents..................... ..............---..............................................,..G-1 1.03 Subcontractor .......................................................G-1 1.04 Written Notice............................ ....................----....•............._..........G-1 1.05 Work........................................................................................................................................ G-1 1.06 Extra Work.......................... .........•.......................................G-1 1.07 WorkingDa -•.......................................................G-1 1.08 Calendar Da .......... 1.09 Substantially Completed ..................................................................... 2. Responsibilities of the Engineer and the Contractor 2.01 Owner-Engineer Relationship ...................G-2 ............ 2.02 Professional Inspection by Engincer...•............•.. G-2 .... 2.03 Payments for Work ..................................G-2 2.04 Initial Determination.............................. ........ G-2 2.05 Objections ......................................•.................---.......................G-2 2.06 Lines and Grades....................... .... .......................•-•---..................................G-2 2.07 Contractor's Duty and Superintendence................. ...........................................-......---•••G-2 2.08 Contractor's Understanding ..........................................G-3 2-09 Character of Workmen........................I................................................................................... G-3 2.10 Contractor's Buildings............................................................................................................. G-3 7.11 Sanitation ......................................................................................••G-4 2.12 Shop Drawings........................................................................................................................ 2.13 Preliminary Approval....................... ....G-4 •..... 2.14 Defects and Their Remedies .................................•.......G-4 2.15 Changes and Alterations ..................... G 4 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible ....•.............................G-5 3.02 Ownership of Drawings ......:.................G-5 3-03 Adequacy of Desi ......... ...................................................G-5 3.04 Right of Entry ..........................•........ ......................._........G-5 3-05 Collateral Contracts........................ .........._ ...................................................G-5 3.06 Discrepancies and Omissions..................................................................................................G-5 3.07 Equipment,Materials and Constriction Plant .........•........................G-5 3.08 Damages...........................................................................................................................,.,....G-5 3.09 Protection Against Accident to Employees and the Public.....................................................G-6 3.10 Performance and Payment Bonds .....................................G-6 3.11 Loss from Natural Causes ..--•.................•-G-6 3.12 Protection of Adjoining- ............... G-6 Pro ....... TC-1 3.13 Protection Against Claims of Subcontractors,Etc....................................................................G-6 ..G-7 3.14 Protection Against Royalties or Patented Invention............................................................. G 7 3.15 Laves and Ordinances..............................................................................................................G-7 3.16 Assignment and Subletting .................••••.............................. 3.17 Indemnification ...................................................G-7 ...... G-8 3.18 Insurance 4. Prosecution and Progress 4.01 Time and Order of Completion............. ....................................G-8 4.02 Extension of Time...................................... .......................................................,.._.................G-8 4.03 Hindrances and Delays.................... ..................,--....................................G-8 5. Measurement and Payment 5.01 Quantities and Measurements ........................................G-9 5.02 Estimated Quantities ...................................G-9 5.03 Price of Work ...........................................G-9 5.04 Partial Payment ..........................................................G-9 5.05 Use of Completed Portions.....................................................................................................G-10 5.06 Final Completion and Acceptance .................................................................. 5.07 Final Payment .............................G-10 5.08 Payments Withheld ........................................G-10 5.09 Delayed Payments......................... ...........................G-10 6. Extra Work and Claims 6-01 Change Orders.......................... ......----..............................G-I1 6.02 Minor Changes...................... .....................................G-11 6.03 Extra Work............................. ............................... .......... ...--........_.....-G-12 .--.....G-11 6.04 Time of Filing Claims ......................... .. 7. Abandonment of Contract 7.01 Abandonment by Contractor................... ......................................G-12 7.02 Abandonment by Owner....................................................... ...........................................G-13 TC-2 GENERAL CONDITIONS OF AGREEitiIENT 1. DEFINITIONS OF TEWAS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations 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 (Advertisement),Special Conditions(Instructions to Bidders),Proposal,signed Agreement,Performance and Payment Bonds(when required), Special Bonds(when required),General Conditions of Agreement,Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary,and what is called for by one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents,priority of interpretation shall be in the following order: Signed Agreement,Performance and payment Bonds, Special Bonds(if any),Proposal,Special Conditions of Agreement,Notice to Contractors,Technical Specifications,Plans,and General Conditions of Agreement. 1.03 SUBCONTRACTOR.The term Subcontractor,as employed herein,includes only those having a direct contract with the CONTRACTOR and it includes one who famishes 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. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials,supplies,machinery,equipment, tools, superintendence, labor, services, insurance, and all water,light,power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless othenvise 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. 1.05 EXTRA WORK. The term"Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change,alteration or addition to the work shown upon the plans,or reasonably implied by the specifications,and not covered by the CONTRACTOR'S proposal,except as provided under"Changes and Alterations",herein. 1.07 WORKING DAY. A"Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven(7)hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day"is any day of the week or month,no days being excepted. 1.09 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. G-1 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER will be the OWNER'S representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNERS representative during construction are set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER,and ENGINEER. The ENGINEER will advise and consult with the OWNER,and all of OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGE EER. 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 perfomring or attempting to perforin any of the work. 2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications far payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval 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 approval 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. 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 ENGNEER'S decision shall be rendered in writing within a reasonable time. 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 Tile with the ENGINEER within thirty days his written objection to the decision. 2.06 LINES AND GRADES. Uniess 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 SUPERLNTENDENCE. 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 superintendent and any necessary assistants. 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 G-2 EER being interested only in the result obtained and confo:rnity of such improvements, the OWNER and ENGIN completed improvements to the plans,specifications and contract. Likewise,the CONTRACTOR shall be solely responsible for the safety of himself,his employees and other persons,as well as for the protection of the safety of the improvements being erected and the property of himself or any other person,as a result of his operations hereunder. Engineering 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 instructions being to define with particularity 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 terms 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 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 without limitation 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 tract. No verbal agreement or conversation with any officer, agent or in any way affect the work under this con fter the execution of this contract,shall affect or modify any employee of the OWNER or ENGINEER either before or a of the terms or obligations herein contained. 2.09 CHARACTER OF WORIMAN. The CONTRACTOR agrees to employ only orderly and competent men, 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 Wnting that any man or men on the work are,in his opinion,incompete'he unfaithful or disorderly,such man or men shall be discharged from the work and shall not.again be employed on te work without the ENGINEER'S written consent. OR°S BUILDINGS. The building of structures for housing men,or the erection of tents 2.10 CONTRACT 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, G-3 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 approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications,unless he has in writing called the ENGINEER'S attention to such deviations at the time of submission,nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said 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 PRELL UNARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of this contract for the famishing 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 famished, 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 specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER;provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work,should the CONTRACTOR proceed with such work without requesting prior inspection or approval,he shall bear all expense of taking up,removing, and replacing this work if so directed by the ENGINEER. 2.11 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same,shall be deemed by the ENGINEER as unsuitable or not in conformity with the specifications, 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. 2.1.5 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 corastitute 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 G-4 used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparatior.sfor the work as originally planned. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one (1) copy of the same constantly accessible on the work,with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRANVINGS. 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 CONTRACTORhas complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER..-The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on 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. 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 r damage said CONTRACTOR, except where such delays are specifically as not to delay the progress of the work, o mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. Itis further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice,and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents"shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract,specifications or drawings,the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be_ responsible for the care,preservation, conservation, and protection of all materials, supplies,machinery,equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act,neglect,omission,mistake or default of the OWNER,or of the ENGIEER,or of any other CONTRACTOR employed by the OWNER upon the work,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 ers on the job so as to cause loss for which the OWNER becomes liable,then the progress of the work being done by oth the CONTRACTOR shall reimburse the OWNER for such loss. G-5 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. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified,it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds,eac lin in thesfaithful of one hundred (100) percent of the total contract price, in standard forms for this purpose, g ent to all persons performance of the work and the fulfiftment of any guarantee required,and further guaranteeing p aym supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER, the surety company underwriting the bonds shall be test list of companies holding certificates of authority from the Secretary of the Treasury acceptable according to the la of the United States. Unless otherwise specified,the cost of the premium for the performance and payment bonds shall be in in the CONTRACTOR'S proposal. 3.11 LOSS FROM NATURAL CAUSES. Unless otherwise specified, all loss or damages 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 AD3O]NING 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 and hold hamoless the his fWT�TER amage on acco-u to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, arising and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, or growing out of the performance of the contract;but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 3.13 PROTECTION AGAPi iST CLALMS OF SUBCONTRACTORS,LABORERS,MATE LMEN A1ti�FURNISHERS OF rv1.ACIHNERY,EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growiB` On -0 the lawful de�andmeont subcontractors,laborers,workmen,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,the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,discharged or waived. If the CONTRACTOR fails so to do,then the OWNER may at the option of the CON'T'RACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is famished that all liabilities have been to the CONTRACTOR shall be resumed in full,in accordance with the terms of frilly discharged whereupon payments is sentence be construed to impose any obligation upon the this contract,but in no event shall the provisions of th OWNER by either the CONTRACTOR or his Surety. G-6 3.1.4 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees,and shall provide for the use of any design,device,material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend 'V t or copyright rights and shall indemnify and save the ONER and all suits or claims for infringement of any paten 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 from any loss on account thereof. If the material or process specified or required by such OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly ives 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,ordinances 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 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 writin„ and any necessary changes shall be adjusted 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 regulation,and without such notice to the ENGINEER,he shall bear all costs arising therefrom. In case the OWNER is a body politic and corporate,the law from which it derives its powers, insofar as the same regulates the objects for which,or the manner in which,or the conditions under which the OWNER may enter into contract,shall be controlling,and shall be considered as part of this contract,to the same effect as though embodied herein. 3.16 ASSIGNWI NT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney,or otherwise,'or sublet said contract without the written consent of the ENGINEER,and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work,or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER,as provided by this Agreement. 3.17 TNDEIYINIF'ICATION. The CONTRACTOR shall defend,indemnify and hold harmless the OWNER and the ENGINEER and their respective officers,agents and employees,from and against all damages, claims,losses, demands,suits,judgements and costs,including reasonable attomeys'fees and expenses,arising out of or resulting from the performance of the work,provided that any such damages,claim,loss,demand,suit,judgement,cost or expense: (1) Is attributable to bodily injury, sickness, disease, or death to injury to or destruction of tangible property{other than the work itself including the loss of use resulting therefrom;and, (2) Is caused in whole or in part by any negligent act or omission of the Contractor,any-Subcontractor, 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 or approval of maps,drawings,reports,surveys, Change Orders, designs or specifications,or the giving of or the failure to give directions or instructions by the ENGINEER,his agents or employees,provided such giving or failure to give is the primary cause of the injury or damage. 3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase,maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S G-7 operations under the Contract,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable. (1) Workman's compensation claims,disability benefits and other similar employee benefit acts; (2) Claims for damages because of body injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; (3) CIaims for damages because of bodily injury,sickness or disease,or death of any person other than his employees, and claims insured by usual bodily injury liability coverages; and (4) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least fifteen days'prior written notice has been given to the OWNER. The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all-sub- contractors. 4. PROSECUTION AND PROGRESS 4.01 TEME 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, accordance with this contract,the plans and specifications, and within the time of completion designated in the Proposal; provided, also,that when the OWNER is having other work done, either by contract or by his own force,the ENGINEER may direct the time and manner of constructing the work done under this contract,so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit,at such times as may reasonably be requested by the ENGINEER,schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work,and estimated dates of completion of the several parts. 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER,or of any employee of either,or by other contractors employed by the OWNER, or by changes ordered in the work,or by strikes,lockouts,fires, and unusual delays of 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. 4.43 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause(except where the work is stopped by order of 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 judgement of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5. MEASUREMENT AND PAYMENT G-8 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of an;t kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight'only shall be considered,unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be fumished 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 the material furnished. Where payment is based on the unit price method,the CONTRACTOR agrees that he will make no claim for damages,anticipated profits or otherwise on account of any differences which may be.found between the quantities of work actually done,the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal-,provided,however,that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement,upon demand,shall be entitled to a 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 than 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 of 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 alll material and labor required for the aforesaid work, also for all expenses incurred by him,and for well and truly erformino same and the whole thereof in the manner and according to this Agreement. 5.04 PARTIAL PAYMENTS. On or before the 5th day of each month,the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the Contractor up to and including the last day of the preceding month,said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER shall then pay the CONTRACTOR on or before the 25th 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 be retained by the OWNER under the terms of this Agreement. It is understood,however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR,the OWNER may -upon written recommendation of the ENGINEER-pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and,thereupon,the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment". 5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work,notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work G-4 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 contract As The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, "substantially completed"and when so notifying the ENGINEER,the CONTRACTOR shall fumish 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 or substantially completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his 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 P,AYNTENT. Upon the issuance of the Certificate of Completion,the ENGINEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER,who shall pay to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the ided he has fully performed his contractual obligations under CONTRACTOR under the terms of this Agreement,prov 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 be r o trract Documents,shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may q may, on account of sequently 5,08 PAY�vho e oNTS rT art oany cert The OWNER �Rh extent as maybe necessary to protect hisnsedlf from lass withhold or nullify the p on account of: (a) Defective work not remedied. (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 another contractor. Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (e) (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR iprovides ovibe made etc amounts Bond withheld Loathe m OWNER,which will protect the OWNER in the amount withheld,p y of theca. 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 the CONTRACTOR, in addition to the sum shown as due by such statement,interest thereon at the rate of six(6)percent per annum,unless othenvise specified,from date due as provided under"Partial Payments"and"Final Payments",until fully paid,which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment,but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made,as provided under"Partial Payments", to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation,as provided under "Abandonment of Contract", unless such payments are withheld in accordance with the provisions of "Payments Withheld". 6. EXTRA WORK AND CLAIMS G-10 6.01 CHANGE ORDERS, Without invalidating this Agreement,the OWNER may,at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be e OWNER and the CONTRACTOR. The Change Order shall set forth prepared by the ENGINEER for execution by th 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 him to an believes that any minor change or alteration authorized by the ENGINEER involves Extra Work and entitles 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 othenvise in wntrng m shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the.work involved may result in an increase in the Contract Price. the work Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method(A)- By agreed unit prices;or Method(B)- By agreed lump sum;or Method(C}- If neither Method(A)nor Method(B)be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the"actual field cost" of the work,plus fifteen(15) percent. In the event said Extra Work be performed and paid for under Niethod (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 workman, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation also all charges necessarily incurred, together with all power,fuel,lubricants,water and s`smilar operating expenses©ld Age necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds,Public Liability and Property Damage and Workmen s Compensation,and all other insurance as may be required by any law or ordinance, or directed by the OWNER,or by them agreed to. The ENGINEER may direct the form in which accounts of the actual field cost"shall be kept and the records of these accounts shall be made e available to the ENGINEER. The ENGRMER 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;othervise 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 percent,unless otherwise specified,of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable,the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen(15%o) 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 G-11 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 claire 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 therefore, 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). 6.04 T1114E OF FMLNG lG 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,the Contractor may file with the owner his objection. It is further agreed that final acceptance of the work by the O WNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, ep where noted otherwise in the Contract Documents, 7. ABANDONMENT OF CONTRACT 7.01 ABANDOt�IA ENT BY CONTRACTOR, In case the CONTRACTOR should abandon and fail to refuse to resume work within ten(10) days after written notification for the OWNER, or the ENGINEER, of 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. andonment, the CONTRACTOR shall not remove from the work any After receiving said notice of ab machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and ork by the OWNER or the Surety on the equipment under contract from the work, may be held for use on the w performance bond,or another contractor in completion of the work;and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work-, where credit shall be allowed as provided for rstood that the use of such equipment and materials will under Section 6, Extra Work and Claims), it being unde 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 herein before 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: ry' q p 7.01.1 The OWNER may thereupon employ such force of men and use such machine e ui meet,tools, materials and supplies as said OWNED 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 e.due to the and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time becom CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have NTRACTOR been payable under this contract, if the same had been completed by the CONTRACTOR,then said CO 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 7.01.2 The OWNER under sealed bids,after five(5)days notice published one or more tunes in a newspaper having general circulation in the county of the location of the work,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 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 therefore. However,should the cost G-12. to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited therewith. When the work shall have been substantially completed, the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts,certified to by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER,as the case maybe,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 new sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale,with or without notice,as the OWNER may elect. The OWNER shall release any machinery,equipment,tools,materials,or supplies,which remain on the work and belong to persons other than the CON"T"RACTOR or his Surety,to their proper owners_ The books on all operations provided herein shall be open to the CONTRACTOR and his Surety_ 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse 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 beenwrought 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 Exta Work performed at the prices agreed upon,or provided for by the terms of this contract,and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty(3 0)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. G-13 SPECIAL CONDITIONS I. Owner: 1) The Owner as referred to in these documents (also known as the Town) is Town of Westlake 3 Village Circle, Suite 207 Westlake, Texas 76262 THE OWNER may elect to use any combination of bid items in this proposal. The Standard Specifications for Public Works Construction as published by the North Central Texas Council of Governments will be a part of these specifications as if they were bound within. The Contractor will be required to be familiar with these specifications that may be purchased through: North Central Texas Council of Governments, P.O. Drawer COG, Arlington, Texas 76005-3300 Phone (817) 640-3300. THE CONTRACTOR will then have full responsibility for proper construction as required to obtain final Certificate of Acceptance from the Town Engineer. The successful bidder shall enter into a contract with the Owner to perform the specified work. IL The Engineer: Graham Associates, Inc., 616 Six Flags Drive, Suite 400, Arlington, Texas 76011, has been retained by the Town to prepare the Specifications, and Contract Documents for Dove Road Re- Construction. They are responsible also for staking the work, final measurements, approving final and partial pay estimates, and for the general administration of the project during the construction. They are the "Engineer" referred to in the"General Conditions of Agreement" contained in these Contract Documents. However, they are not responsible for on-site inspections and laboratory testing, which are provided for elsewhere by the Owner. III. Inspections: All work shall be subject to approval by the Town Inspector. The Town Inspector has the authority to inspect and perform any tests he deems necessary. The Contractor shall notify the Town Inspector 24 hours prior to beginning construction. The Contractor shall notify the Town Inspector 72 hours prior to any construction on weekends or holidays. IV. Insurance• The Contractor will carry Workmen's Compensation Insurance, Public Liability and Property Damage Insurance, and Automobile Insurance sufficient to provide adequate protection against damage claims which may arise from operations under this Contract in compliance with the following: SC-1 Contractors Insurance: Without limiting any of the other obligations or liabi?ities of the Contractor, during the term of the contract, the Contractor and each subcontractor, at their own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly approved to do business in the State of Texas and satisfactory to the Owner. Certificates of each policy shall be delivered to the Owner before any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled,non-renewed or materially changed without.30 days advance written notice being given to the Owner, except when the policy is being canceled for nonpayment of premium, in which case 10 days advance written notice is required. Prior to the effective date of cancellation, Contractor must deliver to the Owner a replacement certificate of insurance or proof of reinstatement. A model Certificate of Insurance is illustrated herein. Coverage shall be of the following types and not less than the specified amounts: (a) workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the.Owner; employer's liability insurance of not less than$100,000 for each accident, $100,000 disease--each employee, $500,000 disease-policy limit. (b) commercial general liability insurance, including independent contractor's liability, completed operations and contractual liability covering, but not limited to, the liability assumed under the indemnification provisions of this contract, fully insuring Contractor's (or subcontractor's) liability for injury to or death of Owners employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with minimum limits as set forth below: General Aggregate $1,000,000 Products--Components/ Operations Aggregate S1,000,000 Personal and Advertising Injury $600,000 Each Occurrence $600,000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) $5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project involves work with asbestos) and XCU (explosion, collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion and acceptance of the work,with evidence of same filed with owner. (c) comprehensive automobile and truck liability insurance, covering owned, hired and non-owned vehicles,with a combined bodily_injury and property damage minimum limit of$600,000 per occurrence; or separate limits of $250,000 for bodily injury(per person),$500,000 bodily injury(per accident) and $100,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. SC-2 Owner's Protective Liability Insurance: Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's protective liability insurance policy naming the Owner and the Engineer as insured for property damage and bodily injury,which may anse in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance with a combined bodily injury and property damage minimum limit of$600,000 per occurrence and $1,000,000 aggregate. "Umbrella" Liability Insurance: The Contractor shall obtain,pay for and maintain umbrella liability insurance during the contract term, insuring Contractor for an amount of not less than$1,000,000 per occurrence combined limit for bodily injury andro ertdamage that follows form and applies in excess of the primary liability coverages required herein above. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. Owner and Engineer shall be named as additional insured. Policy Endorsements and Special Conditions: (a) Each insurance policy to be furnished by Contractor shall include the following conditions by endorsement to the policy: (1) name the Owner and the Engineer as an additional insured as to all applicable coverage; (2) each policy shall require that 30 days prior to the cancellation, non-renewal or any material change in coverage, a notice thereof shall be given to Owner by certified mail,If the policy is canceled for nonpayment of premium, only 10 days written notice to Owner is required; (3) the term Owner" shall include all authorities,boards,bureaus, commissions, divisions, departments and offices of the Owner and individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the Owner; (d) the policy phrase "other insurance" shall not apply to t1le Owner where the Owner is an additional insured on the policy; and (S) all provisions of the contract concerning liability, duty and standard of care together with the indemzufication provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. (b) Insurance furnished by the Contractor shall be in accordance with the following requirements: SC-3 (1) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by Contractor. The Owner's decision thereon shall be final; (2) all policies are to be written through companies duly licensed to transact that class of insurance in the State of Texas; and (3) all liability policies required herein shall be written with an "occurrence" basis coverage trigger- (c) Contractor agrees to the following: (1) Contractor hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Owner, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; (2) companies issuing the insurance policies and Contractor shall have no recourse against the Owner for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor; (3) approval, disapproval or failure to act by the Owner regarding any insurance supplied by the Contractor (or any subcontractors) shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents.Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the Contractor from liability; and te (4) no special payments shall be made for any insurance tha l alre Contractor and subcontractors are required to carry; included in the contract price and the contract unit prices. ,Any of such insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. The Contractor shall furnish the Owner with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by these contract documents. SC-4 V. PPayment: Payment will be made to the Contractor on the basis of approved monthly estimates of work completed during the preceding month. The Contractor will submit to the Engineer his estimate of the total value of the work done by him to date, less 10%retained, and less all previous payments received by him. The Engineer may either approve the Contractor's estimate, or prepare a statement of the total value of the work done by the Contractor, less 10% retained on projects under $400,000 and 5% on projects over $400,000, and less all previous payments and such other sums that may be retained by the Owner under the terms of this agreement. The estimate as approved or the statement prepared by the Owner's Engineer will be sent to the Owner for payment. VI. Acceptance and Final Pa anent: Upon satisfactory completion of the work, and the furnishing by the Contractor to the Owner, an affidavit stating that all bills related to any ,,vork, labor, equipment or supplies have been paid and that there are no outstanding claims or bills remaining, the Engineer will issue a CERTIFICATE OF COMPLETION. The Contractor shall prepare his final statement of the value of all the work performed, showing the balance due under the terms of this agreement. The Owner's Engineer shall verify and approve or request revisions before certifying same to Owner as provided in Section 5.06 of the General Conditions. The Certificate of Completion and the final statement of the amount due to Contractor,will be sent to the Owner for payment. VII. State Sales Tax: On a contract awarded by municipality for the construction of apublicly-owned improvement in a street right-of-way'or other easement which has been dedicated to the Public and to the City, an Organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, the Contractor can probably be exempted in the following manner: The Contractor may buy tax-free any materials incorporated into the project by issuing a resale certificate in lieu of paying the sales tax at the time of purchase. The Contractor may then accept an exemption certificate from the City for the materials. Even with a seperated contract, the rental of equipment and the purchase of items which do not ultimately become part of the physical structure will still be subject to state and local sales taxes. VIII. Completion of Work on Time: Should the Contractor fail to complete the work covered by these Contract Documents within the time stipulated in the proposal,plus any additional time allowed,there shall be deducted from any amounts due or which may become due him, (not as penalty,but as ascertained and liquidated damages). The amounts established by Item 1.36.1 of the "North Central Texas Council of Governments Standard Specifications for Public Works Construction". SC-5 IX. La rout and Construction Stakes: 1. Construction Stakes: Stakes with offset control and grades (cuts-fills) will be set by the Owner's Engineer for the paving, drainage,water, and sewer improvements where applicable which will be installed as shown on the plans. 2. Displaced, Dama ed or Destro ed Stakes: The replacement of any stakes which have been displaced, damaged or destroyed during constriction operations will be done by the Owner's Engineer at the Contractor's expense. Payment will be deducted from the approved Contractor's statement. X_ Safety- The afe :The Contractor must use methods of construction that meet or exceed Occupational Safety and Health Administration Standards and any other local, state or federal regulations for safety that are in effect. The contractor will have a trench safety plan prepared and sealed by a registered professional engineer. XI. Maintenance Bond Term & Amount: The maintenance bond amount for this project shall be twenty percent (20%m) of the total amount bid and the bond period shall be two years from date of final acceptance. XII. Safeq Restrictions -Work Near High Voltage Lines: The following procedures shall be followed for work near high voltage lines on this contract. A. A warning sign not less than five (5) inches by seven (7) inches, painted yellow with black letters that are legible at twelve (12) feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling milar apparatus. The warning sign rigs,pile drivers,hoisting equipment or si shall read as follows: "Warning-Unlawful to Operate This Equipment Within Six Feet of High Voltage Lines". B. Equipment that may be operated with ten(10) feet of high voltage lines shall have an insulating cage guard around the boom or arm (except backhoes or dippers), and insulator links on the lift hook connections. C. When necessary to work within six (6) feet of high voltage electrical lines, notify the power company. The electric company will erect temporary mechanical barriers,de-energize the line, or raise or lower the line. All such work done by the power company shall be at the expense of the contractor. The contractor shall maintain an accurate log of all such calls to the electric company. D. No person shall work within six (6) feet of high voltage lines without protection measures having been taken as outlined in Paragraph C. SC-6 XIII. Traffic:Control Plan The Contractor shall be responsible for developing and maintaining a traffic control plan for this project. This plan shall accommodate one thru lane of traffic during construction hours (7:00 a.m. to 6:00 p.m.) and two lanes during non-construction hours (6:00 p.m. to 7:00 a.m.). All cost associated with the implementation of this pian including all required materials and labor (i.e., crushed stone base material for temporary roadway, flagmen, etc.) shall be included under the bid item for traffic control plan in the proposal. All traffic control shall be in accordance with the 1980 Texas Manual of Uniform Traffic Control Devices. XIV. Storm Water Pollution Prevention Plan The Contractor shall be responsible for the preparation of a "Storm Water Pollution Prevention Plan" and Notice of Intent in accordance with the Environmental Protection Agency (EPA), National Pollutant Discharge Elimination System (NPDES) General Permit Requirements. The Contractor shall provide copies of the Storm Water Pollution Prevention Plan, N.O.I., and Inspection Reports, and N.O.T. to the Engineer. All costs associated with the preparation and implementation of this plan, including all required materials, labor, supervision, etc. shall be included under the bid item for"Erosion Control Plan" in the proposal_ XV. Crushed concrete in the flexible base is acceptable. XVI. The contractor shall be responsible for providing all construction water. XVII. Excess excavation shall be disposed of at site adjacent to work area (To be determined by Town Engineer). SC-2