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Res 03-35 Approving an Amendment to the Budget for the Fiscal Year 2002-2003TOWN OF WESTLAKE RESOLUTION NO. 03-35 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN AMENDMENT TO THE 2002-03 4B BUDGET INCREASING THE FUNDING FOR THE WESTLAKE/KELLER OVERHEAD STORAGE TANK CONNECTION TO DOVE ROAD FROM $401,000.00 TO S411,000.00. 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 approve an amendment to the 2002-03 4B budget to increase the funding for the Westlake/Keller overhead storage tank connection to the Dove Road waterline from $401,000.00 to $411,000.00. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 14TH DAY OF JULY 2003. 9&z;1944d&q' Scott Bradley, Mayor ATTEST: A 77 Ginge Crosswy, Town S&�Ietary Trent O. Petty, T6x6 Manager APPROVED AS TO FORM: RNER'S FILE COPY Nno" u -I -Ds CONTRACT DOCUMENTS AND SPECIFICATIONS FOR WATER SYSTEM IMPROVEMENTS 20" WATER TRANSMISSION LINE FROM ELEVATED TANK SITE ON KNOX ROAD TO EXISTING 20" WATER LINE FOR TOWN OF WESTLAKE JOB N®.1056-404 JANUARY, 2003 \Wr101YAL o-s Prepared By: Cheatham & Associates 1601 E. Lamar Blvd., Suite 200 Arlington, TX 76011 I W 1-1, A, V M r YLT AND .A.SSOCIATES I WA AWN 9 1 1; _ FA Q','I 1 1, Q W 1%X%W4 [for, This Addendum forms a part of the Contract Documents and Specifications. Acknowledge receipt of the Addendum in the space provided in the Bid Form and on the outer envelope of Bid Proposal. Failure to acknowledge receipt of this Addendum may subject Bidder to disqualification. Proposal Section, replace Pages P -4R, P -5R, and P -6R with the attached P -4R1, P -5R1, P -6R1, and P -7R1. Reinstate as part of the Contract Documents and Specifications references to Hillwood Property's Terms and Conditions for Temporary construction Easement Agreement, Sheet Nos, 3 of 10, 4R of 10, and 5 of 10, with the exception of Item No. 6 — Temporary Fencing. This completes Addendum No. 4. David E. Mayes Director of Engineering Services FAWORMWESTLAKE - 10561404\ADD#4.DOC ENGINEERS ® PLANNERS ® SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. ® Suite 200 ® Arlington, Texas 76011 817/548-0696 ® Metro 265-8836 ® Fax 817/265-8532 'ITATER STSTEITI IMPROVEMENTS 20" WATER TRANSMISSION LINE FROM ELEVATED TANK SITE ON KNOX ROAD TO EYISTIVG 20"-1YJ-TERLFL1E flTelylkyj This Addendum forms a part of the Contract Documents and Specifications. Acknowledge receipt of the Addendum in the space provided in the Bid Form and on the outer envelope of Bid Proposal. Failure to acknowledge receipt of this Addendum may subject Bidder to disqualification. Q1 Dem -1 ra Replace Sheet No. 4 of 10 with 4R of 10. Revised bore length stations. This completes Addendum No. 3. avid- E.Mayes Director of Engineering Services FAWORMWESTLAKE - 1056A04\ADD#3.DOC ENGINEERS @PLANNERS ® SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. ® Suite 200 ® Arlington, Texas 76011 817/548-0696 ® Metro 265-8836 ® Fax 817/265-8532 AND ASSOCIATES F- 1317 'ale- I � 11,110i a.[ia►a January 29, 2003 M This Addendum forms a part of the Contract Documents and Specifications. Acknowledge receipt of the Addendum in the space provided in the Bid Form and on the outer envelope of Bid Proposal. Failure to acknowledge receipt of this Addendum may subject Bidder to disqualification. CONTRACT DOCUMENTS AND SPECIFICATIONS: Proposal Section, replace Pages P-4, P-5, P-6, and P-7 with the attached P -4R, P -5R, and P -6R. CONSTRUCTION PLANS: Delete references to furnish and install seven (7) strand barbed wire fence, Sheet Nos. 3 of 10, 4 of 10,and 5of10. Delete references to Hillwood Property's Terms and Conditions for Temporary Construction Easement Agreement, Sheet Nos. 3 of 10, 4 of 10, and 5 of 10. This completes Addendum No. 2. David E. Mayes Director of Engineering Services FAWORD\WESTLAKE- 1056\404\ADD42.D0C ENGINEERS ® PLANNERS ® SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. ® Suite 200 ® Arlington, Texas 76011 817/548-0696 ® Metro 265-8836 - Fax 8171265-8532 January 24, 2003 F, M nm &I'Ai V W 1 illi VN Engineer's Project No. 1056-404 This Addendum forms a part of the Contract Documents and Specifications. Acknowledge receipt of the Addendum in the space provided in the Bid Form and on the outer envelope of Bid Proposal. Failure to acknowledge receipt of this Addendum may subject Bidder to disqualification. A. Changed all sheets of Plans to reflect "Town of Westlake" in lieu of "City of Westlake." B. All contact with Hillwood representatives will be suspended until the contract is awarded. Questions concerning compliance with Exhibit B Bid Item will be addressed to David Mayes, Director of Engineering Services, Cheatham and Associates. This completes Addendum No. 1. David E. Mayd' Director of Engineering Services ol� FAWORMWESTLAKE - 1056AG4\ADD#1.D0C ENGINEERS @PLANNERS a SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd. - Suite 200 - Arlington, Texas 76011 817/548-0696 - Metro 265-8836 - Fax 817/265-8532 1. Advertisement for Bid 2. Notice for 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. Special Conditions 12. General Conditions I" Advertisement: January 19, 2003 2nd Advertisement: January 26, 2003 1056-404 Project Number: Town of Westlake Owner Separate sealed bids for Water System Improvements — 20 " Water Transmission Line from Elevated Tank Site on Knox Road to Existing 20" Water Line will be received by the Town of Westlake addressed to the City Secretary at Town of Westlake, 3 Village Circle, Suite 207 Solana, Westlake, Texas 76262, until 2:00 P.M. Local Time, February 7, 2003, and then publicly opened and read aloud at the City Council Chambers located at Town of Westlake, 3 Village Circle, Suite 207 Solana, Westlake, Texas 76262. The Plans, Contract Documents and Specifications may be examined at the following: Cheatham & Associates 1601 E. Lamar Blvd., Suite 200 Arlington, Texas 76011 Copies may be obtained at the office of Cheatham & Associates, 1601 E. Lamar Blvd., #200, Arlington, Texas upon payment of $35.00 for each set. This payment is non-refundable. The Owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information of Bidders. The successful bidder must (when called upon) demonstrate adequate and substantial documented experience in the construction disciplines necessary for constructing the project. Appropriate instructions and bidder experience requirements are described elsewhere in the bound contractual documents. No bidder may withdraw his bid within 60 days after the actual date of opening thereof. • � : 1/77�1:7.y The City of Westlake (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner addressed to the City Secretary until 2:00 P.M., Local Time, February 7, 2003, and then publicly opened and read aloud in the office of the City Secretary. The envelopes containing the bids must be sealed, addressed to the City Secretary at Town of Westlake, 3 Village Circle, Suite 207 Solana, Westlake, Texas 76262 and designated as Bid for Water System Improvements — 20" Water Transmission Line from Elevated Tank Site on Knox Road to Existing 20" Water Line. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid maybe withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after actual date of the opening thereof. •, •••'• • i ;fit Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. it • :11�t h The Owner invites the following bid(s): As noted in proposal The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein. Accordingly, bidder participants, whether general contractor, prime contractor, joint venture contractor or sub -contractor, shall provide documented evidence of having completed at least five (S) projects for the installation and construction of public sanitary sewer systems, and street reconstruction, of a similar nature to the project being bid. Also, the bidder shall perform a minimum of 30% of the project scope with a workforce directly employed by the bidder. Bidder shall be required to submit references of previous projects for which owner to verify references. This experience documentation shall be submitted prior to, and as a special requirement for, being considered for award of the contract for the subject project. Conditional bids will not be accepted. ►U UIMM:1! ' Each bid must be accompanied by a certified check of the bidder, or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such checks, or bid bonds will be returned to all except the three lowest bidders within thirty days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. Bidders must agree to commence work on or before a date to be specified in a written "Notice To Proceed" of the Owner and to fully complete the project within the specified time as stated in the proposal. Bidder must agree to pay liquidated damages, as per Item 1.36.1 of the "North Central Texas Council of Governments Standard Specifications for Public Works Construction." Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. No interpretation of the meaning of plans, specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Cheatham & Associates 1601E Lamar Blvd. #200 Arlington, Texas 76011 and to be given consideration, must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective address furnished for such purposes), not later than three days prior to the date fixed for opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. • i • i, iiii!• i • Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) Stated allowances i[c�r1:��f.7:�►1! � Iii [i�f. The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. i! i •'i i i . 1 1! :1l1 If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner is available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. No combined or conditional bids will be accepted. a i i c1!! • At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve the bidder from any obligation in respect to his bid. It is understood that the quantities of work to be done at unit prices is approximate only and are intended principally to serve as a guide in evaluating bids. Any change order will be approved by the Owner prior to work being started on said change. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth except as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to be exceeded by twenty-five percent (25%) of the original contract amount. In the event the increase pertains to items not originally bid, the Contractor shall submit a bid in writing to the Engineer for approval. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer but not shown on the plans or required by the specifications, in accordance with the provisions of the general conditions; similarly, they may be decreased to cover deletion of work so ordered. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor. V '. 1 ; . al; Maintenance Bonds to cover defective workmanship ofmaterials are required for all projects in the amounts and time periods as discussed in the Special Conditions. To: Town of Westlake For: Water System Improvements Job No.: 20" Water Transmission Line from Elevated Tank Site on Knox Road to Existing 20" Water Line February 7, 2003 1056-404 Pursuant to the foregoing "Notice for Bidders", 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 City, which is necessary to fully complete all of the work as provided in the pians 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 furnish 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 sums: 6091011111 ITEM QUANTITY DESCRIPTION PRICE IN WORDSPRICE O -O 2,860 L.F. Furnish & install 20" dia. B-303 concrete pressure pipe, bar wrapped steel cylinder Type AWWA C303-95 water pipe (165 PSI), including welded joints (skip weld each joint), excavation, embedment, backfill, blocking, fittings, sterilization and testing, complete in place for the sum of Seventy Dollars No Cents per linear foot $ 70.00 $ 200 200.00 IA. 2,860 L.F. Furnish install 20" dia. ductile iron pipe AWWA C151 thickness Class 50 300 PSI water pipe including poly wrap sleeves, excavation, embedment, backfill, blocking, fittings, sterilization and testing, complete in place for the sum of Sixty Dollars Thirty Six Cents per linear foot $ 60.36 $ 172 629.60 2. 370 L.F. Furnish and install 20" dia. B-303 concrete pressure pipe, bar wrapped steel cylinder Type AWWA C303-95 water pipe (165 PSI) by boring, including installation as detailed, full welded joints, excavation, embedment, backfill, fittings, sterilization and testing, complete in place for the sum of Two Hundred Twenty Five Dollars No Cents per linear foot $ 225.00 $ 83 250.00 P -1R-1 ITEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE IN FIGURES NO. AND UNIT UNIT TOTAL 2A. 370 L.F. Furnish & install 20" dia. ductile iron pipe AWWA 0151 thickness Class 50 300 PSI water pipe by baring including excavation, backfill, appurtenances, sterilization and testing, complete in place for the sum of One Hundred Seventy Eight Dollars Thirty Six Cents per linear foot $ 178.36 $ 65, 993.20 3. 2 EA. Furnish & install 20" AWWA C500 Clow or Mueller double disc gate valve (NRS), spur gearing with 4" bypass, or approved equal, including valve and vault as detailed and required Mega Lugs, complete in place for the sum of Seven Thousand Six Hundred Ninety Three Dollars Ninety Seven Cents per each $ 7,693.97 $ 15, 387.94 3A. 2 EA. Furnish & install 20" AWWA Mueller Lineseal III Butterfly Valve with Mueller HT Actuator including 4" bypass or approved equal, including vault as detailed and all appurtenances required to complete the installation as detailed, complete in place for the sum of Six Thousand Nine Hundred Ninety Three Dollars Ninety Seven Cents per each $ 6993.97 $ 13 987.94 4. 2 EA. Furnish & install 1" air release valve and vault as detailed on 20" water line, complete in place for the sum of Three Thousand Nine Hundred Fifty Dollars Ei"h Seven Cents per each $ 3,950.87 $ 7,901.74 5. 2 EA. Furnish & install blow off assembly as as detailed on 20" water line, complete in place for the sum of Three Thousand Three Hundred Forty Two Dollars Sixty One Cents per each $ 3,342 61 $ 6,685.22 6. 2,860 L.F. Provide & implement trench safety plan for the project in accordance with OSHA standards and city standards, complete in place for the sum of One Dollars Fourteen Cents per linear foot $ 1.14 $ 3,260.40 P -2R-1 ITEM QUANTITY DESCRIPTION & PRICKIN WORDS PRICE IN FIGURES . AND UNIT UNIT 'T®'TAI, 7. 1 L.S. Provide, furnish and install erosion control, erosion control plan and storm water pollution prevention plan as needed by EPA and provide continuing maintenance of facilities until contract is finalized to prevent erosion in all areas of construction, complete in place for the sum of Six Thousand Five Hundred Forty Two Dollars . Thirty Five Cents per lump sum $ 6,542.35 $ 6,542.35 2 EA. Connect to existing 20" water line at valve, complete in place for the sum of Three Thousand Four Hundred Dollars Twenty Nine Cents per each $ 3,400.29 $ 6,800.58 9. 1 L.S. Compliance with the City of Westlake's Tree Preservation, Article IX of the Unified Development Code, complete in place for the sum of Five Thousand Seven Hundred Twenty Dollars Twenty Six Cents per lump sum $ 5,720.26 $ 5,720.26 10. 1 L.S. Furnish, install and comply with Exhibit `B" for the entire length and duration of this project Exhibit "B" Clarificationt, Understanding of rr Conditions fort t t Easementson tt Property. In addition to the Terms and Conditions contained in the Temporary Construction Easement Agreement, the following conditions shall apply: hlgress and egress shall be via the temporary construction easement only. The Grantor must approve other routes used to access the work areas. Any gates accessed by the Contractor shall be kept closed at all time, and locked whenever the contractor is not on-site. 2. Contractor shall limit all construction operations (including the storage of any construction materials) to the Temporary Construction Easement ad the associated permanent easement. Erosion control silt fence (or other approved silt control materials) is required along the length of the construction area as well as in all channels, swales or other low areas. 4. All vegetated and grassed areas damaged or disturbed by construction shall be restored to pre -construction condition. Grasses must be established immediately upon completion of construction operations. In areas where the primary grasses are Coastal P-3 R-1 ITEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE IN FIGURES AND UNIT UNIT TOTAL Bermuda ("Coastal"), the grass must be re-established by "plugging", and not by broadcast seeding. If weather conditions warrant, an approved winter rye mix may be planted in lieu of the Coastal, with the Coastal being properly planted in the following spring (this requires that the winter rye being killed by use of an approved herbicide, the ground stripped and plowed (No rock is allowed on, or 2', below the surface of the finished grade.) and the Coastal being plugged and irrigated until such time that 70% coverage has been established. In all cases, the grass shall be fertilized and irrigated until the appropriate coverage is attained. 5. All fences damaged by construction shall be replaced to Grantor's Standards (7- strand barbed wire on steel posts placed at 8' centers, steel pipe line posts at 100' centers, steel pipe "H" Braces at 600' centers, and steel pipe corner braces as required). * 6. Temporary fences in grazing pastures shall be 7 -strand barbed wire on steel T -posts spaced at 8' centers. 7. Temporary fences in crop areas will be 3 -strand barbed wire on steel T -posts spaced at 8' centers. Any gates or cattle guards damaged by construction shall be replaced to the Grantor's satisfaction. This includes replacement of all damaged materials, painting, and any other work required to return the gate or cattle guard to pre -construction condition. 9. All trash and debris shall be collected and disposed of on a daily basis. 10. Grantor can supply a list of approved contractors and vendors regularly used for clean up, repair and re -vegetation on Hillwood Property. 11. Contractor shall provide contact information (24 hours a day/7 days a week) for field supervisors and office personnel that can be contacted should any problems arise on the construction site. 12. Hillwood Contact Information — to be provided at Preconstruction Conference. * Not applicable to bid item. Eight Thousand Five Hundred Seventy Nine Dollars Sixty Nine Cents per lump sum 8 8,579.69 S 8,579.69 T®TAI., AMOUNT BASE BID: $ 344,32& 18 (Sum of Item Nos. I — 10) TOTAL. AMOUNT ALTERNATE BID: $ 298,100.98 (Sum of Item Nos. IA, 2A, 3A, 4-10) P -4R-1 STATEMENT OF MATERIALS AND OTHER CHARGES FOR BASE BID MATERIALS INCORPORATED INTO THE PROJECT: $ 164 000.00 ALL OTHER CHARGES: $ 180 328.18 *TOTAL,: $ 344,328.18 *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. STATEMENT OF MATERIALS ANIS OTHER CHARGES FOR ALTERNATE BID MATERIALS INCORPORATED INTO THE PROJECT: $ 184.355.70 ALL OTHER CHARGES: $ 113 745.28 i 298,100.98 *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 -5R-1 IM ' ilTy7Y � 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 10 calendar days after the issuance of the Notice to Proceed with Construction (Work Order), and to complete the contract within 125 calendar days after receipt of said notice. Receipt is acknowledged of the following addenda: Addendum No. 1 January 24, 2003 (SEAL) if bidder Corporation Addendum No. 2 January 29, 2003 Addendum No. 3 February 4, 2003 Addendum No. 4 February 5, 2003 Respectfully submitted Wilson Contractor Services ompany Weldon Wilson ame Owner He P.O. Box 546 Taur-ess Aubrey, TX 76227 City, State, Zip 940/365-1220 one 9401365-5961 ax P -6R-1 NO N161-131TA STATE OF TEXAS COUNTY OF TARRANT Bond No. 4341629 KNOW ALL MEN BY THESE PRESENTS: That Wilson Contractor Services (NAME OF CONTRACTOR) AS PRINCIPAL, AND Suretec Insurance Company (NAME OF SURETY) a corporation organized under the laws of the State of Texas and authorized to do business in the State of Texas, as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of Westlake (NAME OF OWNER) a municipal corporation, the sum of FiL Nine Thousand Six Hundred Twenty and 20/100 (AMOUNT DETERMINED BY 20% OF TOTAL CONTRACT PRICE) Dollars ( 59, 620.20 ) for the payment of which sum will and truly to be made unto said Town of Westlake (NAME OF OWNER) and its successors, said principal and sureties do hereby bind themselves their assigns, and successors jointly and severally. This obligation is conditioned, however, that, whereas said Wilson Contractor Services (NAME OF CONTRACTOR) has this day entered into a written contract with said Town of Westlake (NAME OF OWNER) to build and construct the Water System Improvements - 20" Water Transmission Line from Elevated Tank Site on Knox Rd. to Existing- 20" Water Line (DESCRIPTION OF PROJECT AS IT APPEARS ON COVER OF CONTRACT DOCUMENTS) which contract and the plans and specifications therein mentioned and adopted by the Town of Westlake (NAME OF OWNER) are hereby expressly made a part thereof as though the same were written and embodied herein. MBS -1 WHEREAS, under the specifications and contract, it is provided that the Contractor shall maintain and keep in good repair the work constructed and/or equipment furnished by him as contemplated by the plans, specifications, drawings, etc., and perform for a period of Two 2 year(s). The period shall be two (2) years from the date of acceptance as shown on the "Certificate of Completion" as issued by the Engineer, or the date of final payment by the Owner, whichever bears the later date, all necessary repairs, reconstruction and renewal of any part of said construction, and to furnish the labor and materials to make good and to repair any defective condition growing out of or on account of the breakage or failure of any substance or the improper function of any part of the construction work. The Contractor shall reimburse the Owner for the costs of all Engineering and special services required to be furnished by the Owner which are directly attributable to the restoration of the constructed work. Said maintenance contemplates the complete restoration of the constructed work to a functional use during the said period as set forth above. It is being understood that the purpose of this section is to require the correction of all defective conditions resulting from materials furnished or work and labor performed by the said Contractor under the conditions prescribed by the plans and specifications; and in case the said Contractor shall fail or refuse to perform as provided within ten (10) days after proper written notifications have been furnished to him by the Owner, it is agreed that the Owner may do said work and supply such materials and the said Contractor and Sureties herein shall be subject to the liquidated damages mentioned in said Contract for each calendar day's failure on its part to comply with the terms of the said provision of said Contract of this Maintenance Bond. NOW THEREFORE, if the said Contractor shall keep and perform its said agreement to maintain said work and keep the same in good repair for the said maintenance period as provided above, then these presents shall be null and void and have no further effect, but if default shall be made by the said Contractor in the performance of its contract to do so maintain and repair damages in the premises, as provided, and it is further understood and agreed that this obligation shall be a continuing one against the principal and sureties hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any clause during said time. IN WITNESS WHEREOF, the said Wilson Contractor Services (NAME OF CONTRACTOR) has caused these presents to be executed by Weldon Wilson (NAME OF CONTRACTOR'S AUTHORIZED SIGNER) and the said Suretec Insurance Companv (NAME OF SURETY) has caused these presents to be executed by its Attorney -In -Fact, Cindy Fowler and the said Attorney -In -Fact (ATTORNEY-IN-FACT OR OFFICIAL) (ATTORNEY-IN-FACT OR OFFICIAL) has hereto set his hand this the 25th day of February , 2003 . MBS -2 SURETY Suretec Insurance Company 1,4 By: Cinciv Fowler, A rney-In-f=act ATTEST: PRINCIPAL Wilsoii Coigi-actor Services ATTEST: -k c, B �Y: By: SURETY SECRETARY NOTE: Date of Maintenance Bond must not be prior to date of contract. Power of Attorney must be attached. MBS -3 IL S u r eTta c Know,411 lVen by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents 0 make, constitute and appoint William D. Baldwin, Cindy Fowler, Michael B. Hill, Brady K. Cox, Todd Jackson of Richardson, Texas its true and lawfulAttorney(s)-in-fact, with fall power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recogaizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million dollars ($5,000,000) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the Signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached- (Adopted at a meeting held on 2& of April. 1999.) In fKtness fNiereaf, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 4th day of June, A.D. 2002. SURETEC INSURANCE COMPANY Corporate Seale --Nog0. ..". By LU ( I p r State of Texas Jo Cnftc�, Jr., County of Harris ss* Presiderit On this 4th day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company-, and that he signed his name thereto by like order. - - 6/ 4411111W;1�1 wNNAU9MGA18MEZ Notary Seal mY coMPAISSON EXPIRES D60a. ;'Ibanez, Notary C E7W Jureli'm My commission expires June 11, 2002 Es::=] 1, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMP -kW, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect: and furthermore. the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston. Texas this 25th day of February2003,A.D.-0 SAN A) 0 /V�i Corporate Seal I LJ a Afichael P. VVh1senant, Vice President, Assistant Secretary SureTec Insurance Company quired Notces Rider You may also write to the Surety at: an or mat'e a compf 1-868-732-0099 a _z -9 ", a- NEEM� Knell 1X2 � N-9 ' w LM i r; W rM&A, You may contact the Texas Department of Insurance to obtain informatilon on companies, coverage, rights or complaints at 1-800-252-3439, PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first, If the dispute is not resolved, you may contact the Texas Department of insurance, ImPortant Notice Regarding Terrorism Risk Insurance Act of 2002 ............. . . .... 3 2-0 M 04 The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102�1) of the Act is Zero Dollars ($0.00), The United States Will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrori5t acts certified under the Act exceeding the applicable surety deductible. KIM, Im W- WWWW"I generally applicable rules of law. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not becoMe a part or condition of the attached document. STATE OF TEXAS Bond No. 4341629 KNOW ALL MEN BY THESE PRESENTS: That Wilson Contractor Services of the City of Aubrey , County of Denton , and State of Texas , as principal, and Suretec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto Town of Westlake (Owner), in the penal sum of Two Hundred Ninety Eight Thousand, one Hundred and 98/100 Dollars ($ 298300.98) 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 Owner, dated the 25th day of February 2003 , to Water System Improvements 20" Water Transmission Line from Elevated Tank Site on Knox Road to Existing 20" Water Line 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 Government Code (Article 54724 for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. * Not applicable for federal work. See "The Miller Act," 40 U.S.C. 5270. PB -1 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th _ day of Februa� 2003 . Wilson Contractor Services Principil By: Title: Address: P.o. �x 546 Aubrey, TX 76227 Suretea Insurance Company Surety f. By: Cindy F6w]ev-r-- Title: Attorney -In -Fact it I . . .. RM191PIMM , " - . Austin, TX 78746 The name and address of the Resident Agent of Surety is: William D. Baldwin 1201 Kas Dr., Ste. B, Richardson, TX 75081 -- Mw STATE OF TEXAS § Bond No. 4341629 COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That Wilson Contractor Services of the City of Aubrey , County of Denton , and State of Texas , as principal, and Suretec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto Town of Westlake (Owner), in the penal sum of Two Hundred _Ninety Eizht Thousand One Hundred and 981100 Dollars ($ 298,100.98 I 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 Owner, dated the 25th day of February , 2003 , to Water System Improvements 20" Water Transmission Line from Elevated Tank Site on Knox Road to Existing 20" Water Line 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 Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terns of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract, or to the work to be performed thereunder. PAB- I IN WITNESS WHEREOF", the said Principal and Surety have signed and sealed this instrument this 25th day of FebruarL_, 2003 , JVilson Contractor• Services Principal 4 By: V` i Title: Address: %ubre - TX 76227 Suretec Insurance Company Surety By: Cindy Fowler Title: Attorney- I n -Fact Address: 5009 Plaza on the Lake Dr., Ste. 290 The name and address of the Resident Agent of Surety is. William D. Baldwin 1201 Kas Dr., Ste. 13, Richardson, TX 75081 PAB-2 Austin, TX 78746 STATE OF TEXAS e THIS AGREEMENT, made and entered into this 25th day of February , 2003 by and between Town of Westlake of the County of Tarrant and State of Texas, acting through Honorable Mayor and the Town Board ofAldermen thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Wilson Contractor Services of the City of Aubrey , County of Denton 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: Water System Improvements 20" Water Transmission Line ftom Elevated Tank Site on Knox Road to Existing 20" Water Line 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 Cheatham & Associates herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General 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 125 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 -1 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. ATS Town of Westlake Party of the First Part (OWNER) M la Wilson Contractor Services Party of the Second Part (CONTRACTOR) A 1 i ACORD DATE CERTIFICATE OF LIABILITY INSURANCE TM 04/24/2003 iODUCER Lord & Co Ins Agents, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (940) 382-9324 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 946 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denton TX 76202 INSURERS AFFORDING COVERAGE ;URED Wilson Construction Compa INSURER A: EVANSTON INSURANCE/ SPECIALTY INS.MGRS P O Box 546 INSURER B: SOUTHERN COUNTY MUTUAL / SPECIALTY INS.MG Aubrey TX 76227 INSURER C: Texas Mutual Insurance THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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. SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDrYY) LIMITS GENERAL LIABILITY CL -421500161 08/28/2002 08/28/2003 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [XI OCCUR MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X $500 PER CLAIM BI/PD DEDUCT GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- LOC '.. AUTOMOBILE LIABILITY ANY AUTO STC551939 - 0 08/28/2002 08/28/2003 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ (Per accident) X UIM $500 CSL X PIP $2500 GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TSF -0001108679 08/30/2002 08/30/2003 WC SI'MTATU- OTH- E.L. EACH ACCIDENT $ 500,000 EMPLOYERS' LIABILITY _ E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT I $ 500,000 OTHER _T `SCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS TSURED'S OPERATION: WATER MAIN CONSTRUCTION/CONNECTION ,ONTRACT: 20" transmission line (WESTLAKE) to Hillwood Property CERTIFICATE HOLDERADDITIONAL INSURED• INSURER LETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION A.LL. INVESTMENT, L.P. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN ATTN: L. RUSSELL LAUGHLIN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 13600 HERITAGE PKWY #200 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIV . -- FT WORTH, TX 76177 At1THORIZE. RES NVATIVE D 25-S (7/97) © ACORD CORPORATION 1988 I. Owner: 1) The Owner as referred to in these documents (also known as the City) is Town of Westlake 3 Village Circle, Suite 207 Solana 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) 461-3300. THE CONTRACTOR will then have full responsibility for proper construction as required to obtain final Certificate of Acceptance from the City Engineer. The successful bidder shall enter into a contract with the Owner to perform the specified work. M1000020-1.= Cheatham and Associates, 1601 E. Lamar Blvd., Suite 200, Arlington, Texas 76011, has been retained by the City to prepare the Specifications, and Contract Documents for Water Svstem Imurovements — 20" Water Transmission Line from. Elevated Tank Site on Knox Road to Existing 20" Water Line. 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. All work shall be subject to approval by the City Inspector. The City Inspector has the authority to inspect and perform any tests he deems necessary. The Contractor shall notify the City Inspector 24 hours prior to beginning construction. The Contractor shall notify the City Inspector 72 hours prior to any construction on weekends or holidays. All overtime work, which includes weekends and any work done over 40 hours per week, will be billed to the Contractor at a rate of $30.00 per hour. 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 liabilities 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 Owner's 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 $1,000,000 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 arise 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 and property damage 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; (4) the policy phrase "other insurance" shall not apply to the Owner where the Owner is an additional insured on the policy; and (5) all provisions of the contract concerning liability, duty and standard of care together with the indemnification 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 (4) no special payments shall be made for any insurance that the Contractor and subcontractors are required to carry; all are 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. M1 V. Indemnification: For the consideration included in the bid price, Contractor and his subcontractors shall pay to indemnify and save harmless the City, its agents, guests, consultants (including the Engineer), invitees, and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgements of every kind and description to which the City, its agents, guests consultants, invitees, or employees may be subjected to by reason of injury to persons or death or property damage, resulting from or growing out of any act of commission, omission, negligence or fault of the Contractor and his subcontractors, their agents or employees, committed in connection with this contract, Contractor's performance hereof, or any work performed hereunder. Contractor and his subcontractors shall indemnify and save harmless the City, its agents, or employees and consultants (including the Engineer), from and against all claims; demands, actions, suits, damages, losses, expenses, costs including attorney's fees, and judgements of every kind and description arising from, based upon, or growing out of the violation of any federal, state, county, or city law, bylaw, ordinance or regulation by the Contractor, its agents, trainees, invitees, servants, and employees. VI. Waiver of Subrogation: The Contractor and his subcontractors shall require their insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the City, it commissioners, partners, officials, directors, officers, agents, and employees. VII. Payment: 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. Upon satisfactory completion of the work, and the furnishing by the Contractor to the Owner, an affidavit stating that all bills related to any work, 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. IX. State Sales Tax: On a contract awarded by municipality for the construction of a.publicly-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: SC -5 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 ofpurchase. The Contractor may then accept an exemption certificate from the City for the materials. Even with a separated 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. 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". XI. Layout 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, Damaged or Destroyed Stakes: The replacement of any stakes which have been displaced, damaged or destroyed during construction operations will be done by the Owner's Engineer at the Contractor's expense. Payment will be deducted from the approved Contractor's statement. 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. The maintenance bond amount for this project shall be twenty percent (20%) of the total amount bid and the bond period shall be two years from date of final acceptance. XIV. Safety Restrictions - Work Dear 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 rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "Warning -Unlawful to Operate This Equipment Within Six Feet of High Voltage Lines". SC -6 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 -7 R: Definition of ` . 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 Working Day...........................................................................................................................G-1 1.08 Calendar Day...........................................................................................................................G-1 1.09 Substantially Completed.........................................................................................................G-1 .. ��� e � �� i� i ::�� r,• it 2.01 Owner -Engineer Relationship.................................................................................................G-2 2.02 Professional Inspection by Engineer.......................................................................................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........................................................ ................................................... G-3 2.10 Contractor's Buildings......................................................... .................................................... G-3 2.11 Sanitation................................................................................................................................G-3 2.12 Shop Drawings........................................................................................................................G-4 2.13 Preliminary Approval ............................. ..G-4 2.14 Defects and Their Remedies ............................................... ...,................................................ G-4 2.15 Changes and Alterations.........................................................................................................G-4 3.01 Keeping of Plans and Specifications Accessible....................................................................G-5 3.02 Ownership of Drawings..........................................................................................................G-5 3.03 Adequacy of Design................................................................................................................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 Construction. 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 Property ......... ................................................................................... G-6 TC -1 3.13 Protection Against Claims of Subcontractors, Etc..................................................................G-6 3.14 Protection Against Royalties or Patented Invention ...............................................................G-7 3.15 Laws and Ordinances..............................................................................................................G-7 3.16 Assignment and Subletting.....................................................................................................G-7 3.17 Indemnification.......................................................................................................................G-7 3.18 Insurance.................................................................................................................................G-8 4.01 Time and Order of Completion...............................................................................................G-8 4.02 Extension of Time...................................................................................................................G-8 4.03 Hindrances and Delays..........................................:.................................................................G-8 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 ..........................................................................................G-10 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-11 6.02 Minor Changes.......................................................................................................................G-11 6.03 Extra Work ........... ..................................................:......................................................... .......G-11 6.04 Time of Filing Claims.............................................................................................................G-12 7.01 Abandonment by Contractor...................................................................................................G-12 7.02 Abandonment by Owner.........................................................................................................G-13 TC -2 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 furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 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 otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 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. M1 2.01 OWNER -ENGINEER LATIONS . The ENGINEER will be the OWNER'S representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER, and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and 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 ENGINEER'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 file with the ENGINEER within thirty days his written objection to the decision. 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the CONTRACTOR'S expense. 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent 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 improvements, the C! OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his 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 visitor observation during construction, or any clarification ofplans 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. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 CHARACTER CTER OF WORKMAN. 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 writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. 2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. 2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections IM, required by the ENGINEER, file with him two (2) corrected copies and fiunish 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 CONTRACTORS performance hereunder. 2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of Us contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material 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 shalt be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. 2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the 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. 2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials, for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment", otherwise, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. M1 3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. 3.03 ADEQUACY OF RESIGN. It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden ofproof 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 ENTRE'. 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 as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents, 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 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 ENGINEER, 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 the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery C 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, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, 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 acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included 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 ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; 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 AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATE MEN ANIS FURNISIIERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the lawful demands of 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 CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either the CONTRACTOR or his Surety. 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the OWNER; provided however, if choice of alternate design, device, material or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and M save OWNER harmless from any loss on account thereof, If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, 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 writing, 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 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, . shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. 3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless the OWNER and the ENGINEER and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, 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 operations under the Contract, whether sucl� 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) Claims 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 G-7 (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. 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, 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 contractor 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. 4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of 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. 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. M. 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 PRICEOFWORK. Inconsideration 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 all material and all labor required for the aforesaid work, also for all expenses incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 PARTIAL PAYMENTS. On or before the 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 not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may determine. The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed E 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 PAYMENT. 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 CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of (a) Defective work not remedied. (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. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them 5.09 DELAYED PATIENTS. 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 otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, 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". 6.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. 6.02 MINOR CHANGES. The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the ENGINEER involves Extra Work and entitles him to an MWI increase in the Contract Price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the Contract Price. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither -Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all 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 charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 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%) percent of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost". No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment 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 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision, the Contractor may file with the owner his objection. It is further agreed that final acceptance of the work by the OWNER G-11 and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. 7.01 ABANDONMENT BY CONTRACTOPL 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. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract from the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to continence 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: 7.01.1 The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or 7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more times 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 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 may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen Cel (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 CONTRACTOR 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 been wrought into the work. And thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR, under the terms of this Agreement. AM