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Ii7 1.I n _ IIti1'.: b i y t"K' . l..l (i ~. f..:::r dC~Gd ~~~~ c~ ~r~;,~ora~ I~ICV.V SlPEE 1, EN PViLLF EY.S ~BJIE y it August 8, 1995 CLASSIFIED DEPARTMENT Kerrville Daily Times 429 Jefferson Street Kerrville, TX 78028 I am enclosing an INVITATION TO BIDDERS for the construction of SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS along the extension of Clearwater Paseo to serve the Kerr County Law Enforcement Facility. Please publish under "LEGAL NOTICES" on the following dates: L Pfonday August 14, 1995 Monday August 21, 1995 and Monday August 28, 1995 Please bill me and furnish an affidavit of the advertisement. Thanks. D. oe e Project Engineer copy: Comm. Glenn Holekamp David Motley, County Attorney Pat Dye, Kerr County Clerk INVITATION TO BIDDERS Sealed Bid Proposals addressed to the KERB COUNTY COMMISSIONERS COURT will be received at the office of the County Clerk, 700 Main Street, Kerrville, Texas 78028, until 5:00 P.M. Friday September 1, 1995, then opened and publicly read during a regular meeting of the Kerr County Commissioners Court in the Commissioners Court Room, at 10:00 A.M. on Tuesday September 5, 1995, for furnishing all labor, materials and equipment for the CONSTRUCTION OF SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION AND STREET IMPROVEMENTS, in the City of Kerrville, Kerr County, Texas. Bid Proposals are to be submitted in duplicate on forms provided, in sealed envelopes, and identified: "SEALED BID FOR CONSTRUCTION SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS to be opened on Tuesday September 5, 1995", and the name of the firm offering the Bid Proposal. The Bid Proposal must include unit prices and accompanied by a Bid Bond or surety in the amount of ten (10) per cent of the total amount of the Bid Proposal. Performance and Payment Bonds will be required to be furnished in the total amount of the contract by the firm to which a contract is awarded. Th'e County will pay ninety (90%) per cent monthly for work completed in accordance with the Contract Documents. Plans, specifications and bidding documents may be secured from Office of the Kerr County Clerk or from Voelkel Engineering & Surveying, 212 Clay Street, Kerrville, Texas 78028 (Phone 210-257-3313). For each calendar day of delay or incompletion of any work beyond the completion date, the CONTRACTOR shall pay KERB COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. ITB: 1 of 1 ADDENDUM N0. 1 KERB COUNTY LAW ENFORCEMENT CENTER Bid Opening September 5, 1995 1. BID PROPOSAL. Revised Bid Proposal is attached. Note revisions to Items 1, 2, 4, & 5. 2. CONSTRUCTION DRAWING SHEET 2 OF 3 WATER DISTRIBUTION. Proposed water service is to be 6" C-900 P.V.C. Extend to right-of-way line, provide P.V.C. Cap. v,~Z {~t,i~gSE {~{-~,tiID Tf~"aE au T w ~-TN. Pi.I~~l s ~ Sys ._-- _ ,i~~~~ ~~//~ 8-15 ~~' BID PROPOSAL Revised August 15, 1995 Project: KERB COUNTY LAW ENFORCEMENT FACILITY Owner: KERR COUNTY, TEXAS Bid Opening: September 5, 1995 ITEM DESCRIPTION UNIT ESTIMATED UNIT AMOUNT N0. QUANTITY BID PRICE SANITARY SEWERS 1 8" SDR 26 PIPE MAIN 6' - 8' L.F. 675 $ $ 2 MANHOLE 8' DEPTH EACH 2 $ $ 3 CLEANOU'T W/C.I. BOOT 8' DEPTH EACH 1 $ $ 4 6" P.V.C. SDR-26 SERVICE EACH 1 $ $ 5 ROCK EXCAVATION C.Y. 50 $ $ 6 TRENCH SAFETY PROTECTION L.F. 675 $ $ .TOTAL SANITARY SEWERS. $ WATER DISTRIBUTION 1 6" CLASS 200 C-900 P.V.C. PIPE L.F. 675 $ $ 2 6" GATE VALVE EACH 1 $ $ 3 2" BLOW-OFF EACH 1 $ $ 4 6" CLASS 200 C900 P.V.C. PIPE SERVICE EACH 1 $ $ 5 6" C.I. M.J. CAP EACH 1 $ $ 6 ROCK EXCAVATION C.Y. 20 $ $ TOTAL WATER DIS TRIBUTION. .S Page 1 of 3 ITEM DESCRIPTION UNIT ESTIMATED UNIT AMOUNT N0. QUANTITY BID PRICE STREET IMPROVEMENTS 1 SUBGRADE PREPARATION S.Y. 3,749 $ $ 2 CONCRETE CURB AND GUTTER L .F. 1,288 $ 3 6" FLEXIBLE BASE S .Y. 3,163 $ ALT: 3a 8" FLEXIBLE BASE S .Y. 3,163 $ ALT: 3b 10" FLEXIBLE BASE S .Y. 3,163 $ ALT: 3c 12" FLEXIBLE BASE S .Y. 3,163 $ 4 lh" HOT-MIX ASPHALTIC SURFACE S .Y. 3,163 $ $ XXXX.XX $ XXXX.XX $ XXXX.XX TOTAL STREET IMPROVEMENTS. $ TOTAL ALL WORK. . $ Any work not specifically provided for in the Bid Proposal and necessary to totally complete the work Shall not be paid for directly, but shall be considered incidental to other related items of work and the cost thereof shall be included in the unit prices bid therefor. I, or we, having examined the construction drawings and visited the site of work, and being familiar with all of the conditions surrounding the construction of the proposed improvements including the availability of materials and labor, hereby propose to furnish all labor, materials, tools, equipment and superintendence necessary to .complete the work in strict accordance with the BID DOCUMENTS. It is understood and agreed that the above quantities may be varied in any amount at the option of the OWNER at the above unit prices without renegotiation thereof, in accordance with paragraph "5.02 ESTIMATED QUANTITIES" of the General Conditions in the Construction Specifications. I, or we, agree to begin the work within five (5) calendar days after receipt of a written notice to proceed and to fully complete the work in ( ) calendar days. Each day the CONTRACTOR cannot work due to inclement weather will be allowed as a basis for extension of the time for completion of the work, if verified in writing by the ENGINEER. Page 2 of 3 I, or we, further understand and agree that LIQUIDATED DAMAGES for each calendar day of delay or incompletion of any work beyond the completion date, the CONTRACTOR shall pay KERB COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. Firm: By: Title: Date: Page 3 of 3 August 8, 1995 Mr. Glenn Holekamp Kerr County Commissioner Kerr County Courthouse Kerrville, TX 78028 Project: KERR COUNTY LAW ENFORCEMENT CENTER I am enclosing the following: - one unbound set of construction specifications (incorporating the City's construction specifcations) - one set of construction drawings for sanitary sewer, water and streets - a copy of letter to Kerrville Daily Times to advertise Invitation to Bidders - a copy of letter to David Motley requesting review of Invitation to Bidders and Kerrville Daily Times letter Should you have questions or want any revisions please contact me. Thanks. D. R. Voelkel ili CUY STN EET KEP PV ILL E. tEM/.5 1PRp. itpTVi ]]~] August 7, 1995 Mr. David Motley Kerr County Attorney Kerr County Courthouse Kerrville, TX 78028 I am enclosing a copy of the INVITATION TO BIDDERS for construction of SANITARY SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION and STREET IMPROVEMENTS along the extension of Clearwater Paseo for the new jail. I intend to deliver it to the Kerrville Daily Times tomorrow with instructions to publish under "legal notices" on .Monday August 14, Monday August 21 and Monday August 28. ' Please review it to assure it is in keeping with the intent of the Commissioners Court, that they are legally correct and the advertising dates are in compliance with statute. Should you have questions or need revisions please contact me or let me know if everything is in order to proceed with publication. The request for advertisement instructions to the Kerrville Daily Times is also attached. Thanks. D. R. Voelkel Project Manager copy: Comm. Glenn Holekamp Y WLI~~LI 21]LSIY`AI WPLS~$~PNVILL E. iEM~iBY10 August 8, 1995 CLASSIFIED DEPARTMENT Kerrville Daily Times 429 Jefferson Street Kerrville, TX 78028 I am enclosing an INVITATION TO BIDDERS for the construction of SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS along the extension of Clearwater Paseo to serve the Kerr County Law Enforcement Facility. Please publish under "LEGAL NOTICES" on the following dates: Monday August 14, 1995 Monday August 21, 1995 and Monday August 28, 1995 Please bill me and furnish an affidavit of the advertisement. Thanks. D. oe e Project Engineer copy: Comm. Glenn Holekamp David Motley, County Attorney Pat Dye, Kerr County Clerk INVITATION TO BIDDERS Sealed Bid Proposals addressed to the KERB COUNTY COMMISSIONERS COURT will be received at the office of the County Clerk, 700 Main Street, Kerrville, Texas 78028, until 5:00 P.M. Friday September 1, 1995, then opened and publicly read during a regular meeting of the Kerr County Commissioners Court in the Commissioners Court Room, at 10:00 A.M. on Tuesday September 5, 1995, for furnishing all labor, materials and equipment for the CONSTRUCTION OF SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION AND STREET IMPROVEMENTS, in the City of Kerrville, Kerr County, Texas. Bid Proposals are to be submitted in duplicate on forms provided, in sealed envelopes, and identified: "SEALED BID FOR CONSTRUCTION SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS to be opened on Tuesday September 5, 1995", and the name of the firm offering the Bid Proposal. The Bid Proposal must include unit prices and accompanied by a Bid Bond or surety in the amount of ten (10) per cent of the total amount of the Bid Proposal. Performance and Payment Bonds will be required to be furnished in the total amount of the contract by the firm to which a contract is awarded. The County will pay ninety (90X) per cent monthly for work completed in accordance with the Contract Documents. Plans, specifications and bidding documents may be secured from Office .of the Kerr County Clerk or from Voelkel Engineering & Surveying, 212 Clay Street, Kerrville, Texas 78028 (Phone 210-257-3313). For each calendar day of delay or incompletion of any work beyond the completion date, the CONTRACTOR shall pay KERB COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. ITB: 1 of 1 CONSTRUCTION SPECIFICATIONS AND BIDDING DOCUMENTS for SANITARY SEWAGE COLLECTION, WATER DISTRIBUTION _..._ and STREET IMPROVEMENTS in FOUR STATES SUBDIVISION (KERR COUNTY LAW ENFORCEMENT FACILITY) in KERRVILLE, KERB COUNTY, TEXAS AUGUST 1995 Prepared by VOELKEL ENGINEERING & SURVEYING Kerrville, Texas ~~,~~ys TABLE OF CONTENTS Title Sheet Invitation to Bidders. ITB Bid Proposal .BP Agreement A Performance Bond PB Payment Bond PB Certificate of Insurance CI Special Provisions for County Projects .SP Special Conditions SC General Conditions GC TOC INVITATION TO BIDDERS Sealed Bid Proposals addressed to the KERB COUNTY COMMISSIONERS COURT will be received at the office of the County Clerk, 700 Main Street, Kerrville, Texas 78028, until 5:00 P.M. Friday September 1, 1995, then opened and publicly read during a regular meeting of the Kerr County Commissioners Court in the Commissioners Court Room, at 10:00 A.M. on Tuesday September 5, 1995, for furnishing all labor, materials and equipment for the CONSTRUCTION OF SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION AND STREET IMPROVEMENTS, in the City of Kerrville, Kerr County, Texas. Bid Proposals are to be submitted in duplicate on forms provided, in sealed envelopes, and identified: "SEALED BID FOR CONSTRUCTION SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS to be opened on Tuesday September 5, 1995", and the name of the firm offering the Bid Proposal. The Bid Proposal must include unit prices and accompanied by a Bid Bond or surety in the amount of ten (10) per cent of the total amount of the Bid Proposal. Performance and Payment Bonds will be required to be furnished in the total amount of the contract by the firm to which a contract is awarded. The County will pay ninety (90X) per cent monthly for work completed in accordance with the Contract Documents. Plans, specifications and bidding documents may be secured from Office of the Kerr County Clerk or from Voelkel Engineering & Surveying, 212 Clay Street, Kerrville, Texas 78028 (Phone 210-257-3313). For each calendar day of delay or incompletion of any work beyond the completion date, the CONTRACTOR shall pay KERB COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. ITB: 1 of 1 Project: KERB COUNTY LAW ENFORCEMENT FACILITY Owner: KERB COUNTY, TEXAS Bid Opening: September 5, 1995 ITEM NO DESCRIPTION UNIT ESTIMATED QUANTITY UNIT BID PRICE AMOUNT ON-SITE IMPROVEMENTS: SANITARY SEWERS 1 8" SDR 26 PIPE MAIN 6' - 8' L.F. 675 $ $ 2 MANHOLE 8' DEPTH EACH 2 $ $ 3 CLEANOUT W/C.I. BOOT 8' DEPTH EACH 1 $ $ 4 6" P.V.C. SDR-26 EACH 1 $ $ SERVICE 5 ROCK EXCAVATION C.Y. S0 $ $ 6 TRENCH SAFETY L.F. 675 $ $ PROTECTION TOTAL SANITARY SEWERS. $ WATER DISTRIBUTION 1 8" CLASS 200 C-900 L.F. 675 $ $ P.V.C. PIPE 2 8" GATE VALVE EACH 1 $ $ 3 2" BLOW-OFF EACH 1 $ $ 4 8" CLASS 200 C900 EACH 1 $ $ P.V.C. PIPE 5 8" C.I. M.S. CAP EACH 1 $. _~,.. 6 ROCK EXCAVATION C.Y. 20 $ $ TOTAL WATER DISTRIBUTION. .,. .$ Page 1 of 3 ITEM N0. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT BID PRICE AMOUNT STREET IMPROVEMENTS 1 SUBGRADE PREPARATION S.Y. 3,749 $ $ 2 CONCRETE CURB AND L.F. 1,288 $ $ GUTTER __ 3 6" FLEXIBLE BASE S.Y. 3,163 $ $ ALT: 3a 8" FLEXIBLE BASE S.Y. 3,163 $ $ XXXX.XX ALT: 3b 10" FLEXIBLE BASE S.Y. 3,163 $ $ XXXX.XX ALT: 3c 12" FLEXIBLE BASE S.Y. 3,163 $ $ XXXX.XX 4 lh" HOT-MIX ASPHALTIC S.Y. 3,163 $ $ SURFACE TOTAL STREET IMPROVEMENTS. $ TOTAL ALL WORK. . $ Any work not specifically provided for in the Bid Proposal and necessary to totally complete the work shall not be paid for directly, but shall be considered incidental to other related items of work and the cost thereof shall be included in the unit prices bid therefor. I, or we, having examined the construction drawings and visited the site of work, and being familiar with all of the conditions surrounding the construction of the proposed improvements including the availability of materials and labor, hereby propose to furnish all labor, materials, tools, equipment and superintendence necessary to complete the work in strict accordance with the BID DOCUMENTS. It is understood and agreed that the above quantities may be varied in any amount at the option of the OWNER at the above unit prices without renegotiation thereof, in accordance with paragraph "5.02 ESTIMATED QUANTITIES" of the General Conditions in the Construction Specifications. I, or we, agree to begin the work within five (5) calendar days after receipt. .of a written notice. to .proceed and to Fully complete...the,.work in ( ) calendar days. Each day the CONTRACTOR cannot work due to inclement weather will be allowed as a basis for extension of the time for completion of the work, if verified in writing by the ENGINEER. .. _.. Page 2 of 3 I, or we, further understand and agree that LIQUIDATED DAMAGES for each calendar day of delay or incompletion of any work beyond the completion date, the CONTRACTOR shall pay KERB COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. Firm: sy: Title: Date: Page 3 0£. 3. -.. AGREEMENT STATE OF TEXAS § COUNTY OF KERB § KNOW ALL PERSONS BY THESE PRESENTS: That on, the day of 1995, the Kerr County Commissioners Court, by Order No. accepted the BID PROPOSAL of attached hereto as part of the Contract Documents for the CONSTRUCTION OF SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS. I. PARTIES THIS AGREEMENT is made and entered into by and between KERB COUNTY COMMISSIONERS COURT (hereinafter "OWNER") of the County of Kerr and State of Texas, acting through its Judge, Robert A. Denson, thereunto duly authorized so to do, and (hereinafter "CONTRACTOR")-of the County of Kerr and the State of Texas. II. SUBJECT MATTER WITNESSETH: That for and in consideration of the payment and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the surety bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete the CONSTRUCTION OF SEWAGE COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS, hereinafter called "THE PROJECT," in the total amount set out in the CONTRACTOR'S BID PROPOSAL, the sum of ($ _), as provided in the Bid Proposal and the Contract Documents, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement, unless otherwise explicitly set out herein, and at his own cost and expense furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and service necessary to complete the said construction in accordance with the conditions and prices stated in the CONTRACTOR'S BID--PROPOSAL, this signed AGREEMENT, both'of- which are made a part hereof and collectively evidence and constitute the Contract Documents. III. COMMENCEMENT OF WORK The .CONTRACTOR hereby agrees to commence work within five (5) calendar days after the date written notice to do so shall have been given to him, and to substantially complete the same within (_) calendar days after the date of written notice to commence work, subject to such extensions of time as are provided by the Bid Proposal and the Contract Documents. 1 of 4 IV. PAYMENT The OWNER agrees-~-to pay the CONTRACTOR- the ~total~amount-agreed to above, ($ ), upon satisfactory completion of the work described in CONTRACTOR'S Bid Proposal, and written acceptance of same by OWNER or OWNER'S representative, delivered to CONTRACTOR or CONTRACTOR'S designee. Such acceptance shall not be unreasonably withheld by OWNER. V. INSURANCE CONTRACTOR shall procure and maintain at its sole cost and expense for the duration of the Agreement insurance against all claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, volunteers, employees or subcontractors. CONTRACTOR'S insurance shall be primary insurance with respect to OWNER, its officials, employees or volunteers. Any insurance or self-insurance maintained by OWNER, its officials, employees or volunteers shall be considered in excess of the CONTRACTOR'S insurance and shall not contribute to it. Further, the CONTRACTOR shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Certificates of Insurance and Endorsements shall be furnished to OWNER and approved by OWNER before work commences. Coverages shall be of the type and in the amounts set out following: 1. Employer's Insurance: Minimum Limits of Liability a. Workmen's Compensation Statutory b. Employer's Liability $100,000.00 2. Comprehensive General Liability: Include Independent Contractor's Liability; Contractual Liability; Completed Operations and Product's Liability; all on the occurrence basis, with Personal Injury Coverage, Owner's Indemnity and broad form Property Damage, except the "XCU" exclusions, and maintain Completed Operations Liability for at least one (1) year after the date of final completion. a. Bodily & Personal Injury: - Each Occurrence: $300,000.00 - Aggregate: $300,000,00 _, _. b. Property Damage: - Each Occurrence: $100,000.00 - Aggregate: $300,000.00 2 of 4 3. Comprehensive Automobile Liability: car coverage as well as owned vehicles: a. Bodily Injury: - Each Person: $250,000.00 - Each Occurrence: $300,000.00 b. Property Damage - Each Occurrence: $100,000.00 Include non-ownership and hire VI. TIME OF THE ESSENCE; LIQUIDATED DAMAGES CONTRACTOR and OWNER agree that time is of the essence in this contract, and that the OWNER shall be entitled to collect, as liquidated damages, not as a penalty, the sum of $100.00 per day for each day that CONTRACTOR' S work remains unfinished after passage of the original amount of time allotted under this contract for completion of the work. KERB COUNTY may withhold from the CONTRACTOR'S compensation such sums as liquidated damages. VII. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to and shall indemnify and hold harmless the OWNER and its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with the work done by CONTRACTOR under this Agreement. VIII. WARRANTY Upon issuance of a certificate of substantial completion, CONTRACTOR warrants for a period of one (1) year as follows: contractor warrants to OWNER that all materials provided to OWNER under this Agreement shall be new unless otherwise approved by OWNER'S representative and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not conforming to these requirements, including but not limited to substitutions not properly approved and authorized; may be considered -defective: This ..warranty is in addition to any rights or warranties expressed or implied by law and consumer protection claims arising from misrepresentation by CONTRACTOR. Where more than a one (1) year warrant is specified for individual products, work or materials, the longer warranty shall govern. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with the provisions of this agreement.. _. .. _. 3 of 4 IX. INVALIDITY If any provision of the Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision(s) of this Agreement with legal terms and conditions approximating the original intent of the parties. X. ENTIRE AGREEMENT It is understood that this Agreement contains the entire contractual agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statement, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of OWNER, either before or after the execution of this Agreement shall affect or modify any of the terms of obligations hereunder. IN WITNESS WHEREOF, the parties to these presents hereby execute this Agreement on this day of 1995. KERB COUNTY COMMISSIONERS COURT (OWNER) (CONTRACTOR) sy: Robert A. Denson Kerr County Judge Approved as to form and content: DAVID MOTLEY Kerr County Attorney 1995 ay: Name: Title: 4 of 4 PERFORMANCE BOND STATE OF TEXAS ) COUNTY OF _ ) KNOW ALL MEN BY THESE PRESENTS: County of and State of as principal, and authorized under the laws o'f the State of Texas to act as surety on bonds for principals, are i held and firmly bound unto (Owner), in the penal sum of Dollars ($ ) 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 day of , 19 to which contract is hereby referred to and made a part hereof as fully-and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in-a11 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 Contract Documents hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil 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. That of the City of PIPB-1 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 Contract Documents accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19_ Principal By Surety BY Title Title Address Address The name and address of the Resident Agent of Surety is: P/PB-2 PAYMP NT nf1Nn STATE OF TEXAS ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: That of the City of County of _ and Sta to of as principal, and authorized and er ..the laws of the State of Texas to ace as surety on bonds for principals, are held and firmly bound unto (Owner), in the penal sum o Dollars (S ) 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: WtHiREAS, the Principal has entered into a certain written contract with the Owner, dated the ~I day of 19 , [o which contract is hereby referred to and made a part hereof as fully and to [he same extent as if copied a[ length herein. N06f, THEREFORE, THE CONDITION OF THIS OH LIGATION IS SUCH, that if [he said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of [he work provided for in said contract, then, [his obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that [his bond is executed pursuant Co the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all If ab iii ties on [his bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at leng [h herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition [o the terms of the conCract, or to the work performed [hereunder, or the Contract Documents accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. P/PB-3 Y/YH-4 CERTIFICATE OF INSURANCE Reference is made to the Contract awarded by Kerr County as Owner and to the following Contzactor: Name: Address: for the following described work of construction, alteration or repair; This is to certify to Kerr County ("KC") that the insurance policies identified below to meet all requirements stipulated in Clause 26 of the General Provisions, of the above identified Contract and that such policies are in full force and effect on this date. Type of Insurance Policy No. WoXkmen's Compensation Minimum Effective Expiration Limits of Date Date Liability Employer's Liability Comprehensive General Liability Bodily Injury Each Occurrence Property Damage Each Occurrence Annual Aggregate Comprehensive Auto- mobile Liability Bodily Injury Each person Each occurrence Property Damage Each occurrence Statutory $100,000 $500,000 $100,000 $300,000 $300,000 $500,000 $100,000 CI: 1 of 2 t SPECIAL PROVISION SPECIAL LABOR PAOVlSIONS FOR COUNTY PROJECTS GENERAL: This is a "Public Works' Project, as defined in House Bill No. 54 of the 43rd Legislature of the State of Texas and House Bi(t No, i t 5 of the 44th Legislature of the State of Texas, and as such is subject to the provisions of said House Bills. No provisions herairi are intended to be in conflict with the provisions of said Acts. In accordance with provisions of said House Bills, the Kerr County Road t£ Bridge Department has ascertained and indicated in the special provisions the regular rate of per diem wages for an eight-(tij hour working day prevailing in this locality for each craft or type of 'laborer; "workman," or'mechanic" considered necessary to execute the contract, which wage rates shalt, as herein provided, apply as minimum wage rates on this contract. MINIMUM WAGES, HOURS AND CONDITIONS OF EMPLOYMENT: All 'laborers; tivorkmen; and 'mechanics' necessary for the satisfactory completion of any phase of the work for which the Contractor is responsible to Kerr County Road ~ Bridge Department, shall be construed as being within the purview of these specifications, Whenever and wherever practical, preference in the selection of labor shall be given to local citizens. Each employee on the work covered by this contract shall todge,•board and trade where and with whom he elects, and neither the Contractor nor his agents, nor his employees shall directly or indirectly require as a condition of employment, that any employee shalt lodge, board or trade at a particular place, or with a particular person, No fee of any kited shall be charged or accepted by the Contractor nor any of his agents, from any person who obtains work on the project, nor shalt any person be required to pay any fee to any other person or agency obtaining employment for him on the project No charge shall be made for toots or equipment used in connection with the duties performed, except for loss or damage of property. No charge shall be made for necessary camp water. No charge shall be made for any transportation furnished by the Contractor, or his agents, to any person employed on the work. These provisions ... gall also apply where work is pert ned by place work, station work, etc. The minimum wage paid shall be exclusive of equipment rental on any shipment which the worker or sub-contractor may furnish in connection wish his work. The Contractor will be held responsible for carrying out the requirements of th(s specification and it shall be his responsibility to see that each subcontractor working on the project complies with its provisions. Any form of subterfuge, coercion or deduction designated to evade, reduce or discount the established minimum-wage scales wilt be considered a violation of this contract. The contract for this project is made upon the basis of eight(8) hours constituting a day's work. The time consumed by the 'taborer,' "workman; or 'mechanic' in going to and returning from the place of work shall not be considered as part of the hours of work. Any laborer, workman or mechanic required or permitted to work in excess of eight (8) hours per calendar day, under the emergency exceptions to House Bitl No. i 15 of the 44th Legislature irnoked by HCR No. 201 of the 47th Legislature, shall be paid on the basis of eight (8) hours constituting a days work, and all such tabor so empoyed shall be paid at the rate of one and one hatf (1- 1/2) times the regular rate for every hourworked in excess of forty (40) hours per week. ` The general rates of per. diem wages prevailing in this locality for each class and type of 'laborer,' 'workman' and "mechanic' whose services are considered necessary to fulfill the contract are indicated in the special provisions, and these rates shall govern as minimum wage rates on this contract. Furthermore, any Contractor who fails to pay these rates will be required to forfeit the sum of ten dollars per day, per worker, When making payments to the Contractor, Kerr County shall withhold and retain therefrom all sums and amounts which shall have been forfeited. Any 'taborer; 'workman' or "mechanic' employed and whose position is not listed shat) be paid not less than the per diem wage rate established on this project for the 'laborer;'workman' or'mechanic' whose duties are most nearly comparable to those of such employees. RECORD AND INSPEGTIONS: The contractor and alt subcontractors shalt keep, or cause to be kept, weekly payrolls showing the name, occupation, number of hours worked each day and per diem wage paid each 'laborer; 'workman' and 'mechanic' together with a complete record of alt deductions made from such wages. During the constructiori period, the Contractor shalt keep a copy of each weekly payroll available in the immediate vicinity of the project site and shall allow inspection of such payrolls at all reasonable hours by any authorized representative of the Kerr County. COST OF THE WORK Prevailing wage rates in the locality of this project for laborer, workmen, and mechanics are as follows, per U.S. Department of Labor, Wage & Hour Division, General Decision No. TX930038 and TX930067: Craft Per Hour Air Conditioning Mechanic 7.75 Asphalt Heater Operator 6.18 Asphalt Raker 6.88 Asphalt Shoveler 5.82 Bricklayers 10.00 Carpenter 9.59 Carpenter Helper 7.52 Cement Masons 8.50 Concrete Finisher`(Paving) 9.41 Concrete Finisher Helper( Paving) 7.61 Concrete Finisher (Structures) 9.10 Concrete Finisher Helper (Structures) 6.92 Electricans 10.33 Form Builder (Structures) 9.65 Form Builder Helper (Structures) 6.39 Form Setter (Paving & Curbs) 7.91 Form Setter Helper (Paving & Curbs) 6.00 Form Setter {Structures) 8.30 Form Setter Helper (Structures) 6.64 Glaziers 5.84 Ironworkers 9.71 Laborer, Common 5.82 Laborer, Utility 6.78 Mechanic 8.36 Mechanic Helper 6.69 Oiler 8.50 Servicer 7.04 Painters 7.52 Plasterers 10.00 Plumber & Pipefitters 14.11 Reinforcing Steel Setter (Structures) 7.38 Reinforcing Steel Setter Helper 7.02 Roofers 7.39 Sheetmetal Workers 9.09 Soft Floor Worker 7.54 1 Sign Erector 6.00 Sign Erector Helper 5.82 Welder 9.50 Welder Helper 6.75 Power Equipment Operator Asphalt Distributor 7.34 Asphalt Paving Machine 7.93 Broom or Sweeper Operator 5.97 Bulldozer, 150 HP or less 7.50 Bulldozer over 150 HP 8.29 Concrete Paving Saw 8,80 Crane, Clamshell, Backhoe, Derrick Dragline, Shovel (less than 1 1/2 CY) 8,39 Crane, Clamshell, Backhoe, Derrick Dragline, Shovel (1 112 CY & over) 10.70 Crusher or Screening Ptant Operator 7,50 Front End Loader (2 1/2 CY & less) 7,30 Front End Loader (over 2 1/2 CY) 7,82 Motor Grader Operator, Fine Grade 9.74 Motor Grader Operator 8,87 Roller, Steei Wheel (Plant Mix Pavement) 7.00 Roller, Steel Wheel (Other Flat Wheel or Tamping) 6.41 Rosier, Pneumatic (Self Propelled) 6.02 Scraper 7.32 Side Broom or Sweeper Operator 5.97 Spreader Box Operator 7.16 Single Axle, Light 6.41 Single Axle, Heavy 6.50 Tandem Axle or Semitrailer 6.96 Lowboy -Float 7.31 Tractor (Crawler Type) 6.89 Tractor (Pneumatic Type) 6.50 Traveling Mixer 6.10 Trenching Machine, Heavy 6.00 Wagon Drill, Boring Machine, or Post Hole Driller Operator 7.50 2 SPECIAL CONDITIONS OWNER: The word "OWNER" in these specifications shall be understood as referring to KERB COUNTY, TEXAS. ENGINEER: The word "ENGINEER" as used in these specifications shall be understood as referring to the "Project Engineer" or "Engineer for the OWNER", D. R. Voelkel, d.b.a. Voelkel Engineering and Surveying. SITE OF THE WORK: The site of the work is in the extension of Clearwater Paseo, in the City of Kerrville, Kerr County, Texas. SCOPE OF THE WORK: It is the declared and acknowledged intent and meaning of these Contract Documents to provide and secure operative and functional SANITARY SEWER COLLECTION SYSTEM, WATER DISTRIBUTION, AND STREET IMPROVEMENTS. STATE SALE TAXES: Kerr County is exempt from paying state sales tax and will provide the contractor with an exemption number; however, the Contractor shall comply with all Federal and local laws relating to Unemployment Insurance, Old Age Benefits, Pensions and Income Tax and shall pay, as required, all taxes, permit and/or connection fees, and levies to or assessments under such laws. The CONTRACTOR shall be held to have studied all tax laws for the jurisdiction in which the work is being done, and shall pay all taxes for which he may be liable without addition to the contract price. SPECIAL LABOR PROVISIONS: All work accomplished under the contract for this project shall be in compliance with "SPECIAL PROVISION: SPECIAL LABOR PROVISIONS FOR COUNTY PROJECTS," provided herein. CERTIFICATE OF INSURANCE: The firm to which a contract is awarded for this project shall furnish a "CERTIFICATE OF INSURANCE" in conformance with the form provided herein. BID BOND: All bid Proposals shall be accompanied by a Cashier's Check, Certified Check, or a Bid Bond in the amount of TEN (10) PER CENT of the Total Bid Amount, payable without recourse to Kerr County, Texas, as a guarantee that the Bidder will enter into a Contract and provide Performance and Payment Bonds within five (5) calendar days after notice of award of a Contract to him. The completed Bid Bond information form including the total bid amount provided herein shall accompany each Bid Proposal. All bid sureties will be returned within five (5) days after completion of a contract signed by both parties thereto. TIME OF COMPLETION: The CONTRACTOR shall complete the work as provided in the Contract Documents within the number of consecutive calendar days after the date of written Notice to Proceed named in the Bid Proposal. The provisions for "working days" shall not apply to this work. Unless otherwise stipulated, the CONTRACTOR shall commence work no later that five (5) calendar days after receipt of Written Notice to Proceed. SC: 1 of 4 LIQUIDATED DAMAGES: For each calendar day of delay or incompletion of any work beyond the completion date, the CONTRACTOR shall pay KERR COUNTY as LIQUIDATED DAMAGES, not as a penalty, one hundred dollars ($100.00) per day, and Kerr County may withhold from the CONTRACTOR'S compensation such sums as LIQUIDATED DAMAGES. LIQUIDATED DAMAGES shall apply to completion date determined by the number of calendar days named by the Bidder in the Bid Proposal. CITY OF KERRVILLE CONSTRUCTION SPECIFICATIONS: All work provided for in these specifications shall be accomplished in strict compliance with the CITY OF KERRVILLE CONSTRUCTION SPECIFICATIONS FOR SUBDIVISIONS, APRIL 1995. INSPECTION BY THE CITY OF KERRVILLE: During the progress of the work, field inspectors and/or representatives of the City of Kerrville will provide on the ground inspection of all work relating to the project. Such field inspectors and/or representatives shall be given reasonable notice of work being started or stages of the work that require inspection, and shall be granted access to all work at any time during the construction operations. At any time the work is not being accomplished in a manner satisfactory to the inspector and/or representative of the City, the inspector and/or representative shall so advise the CONTRACTOR. If satisfactory methods for construction of the work are not immediately instituted, the inspector and/or representative may require that the work in conflict shall be stopped and the CONTRACTOR, CITY ENGINEER and PROJECT ENGINEER shall meet with the inspector and/or representative to resolve the manner or method in which the work is to be accomplished. Any loss of construction time for this reason shall not be a cause or basis for extension of the working days to complete the work unless so approved by the ENGINEER in writing. GUARANTEE: Upon final completion of the work, the CONTRACTOR shall furnish the OWNER with a written notarized guarantee for all workmanship and materials provided by him in the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the ENGINEER, guaranteeing all work under this contract to be free from faulty materials in every particular, and free from improper workmanship, and against injury from proper and usual wear, and agreeing to replace or to re-execute without cost to the OWNER such work as may be found to be improper or imperfect, and to make good all damage caused to the other work or materials and existing improvements due to such defective work or due to its required replacement or re-execution. This guarantee shall be made to cover a period of one (1) year from the date of completion of all work under this contract, as evidenced by the ENGINEER'S Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days of issue of Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non-acceptance. This written guarantee must be furnished to the ENGINEER for approval, and approved by the ENGINEER, prior to acceptance and final payment. Neither the Certificate of Completion nor payment nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or workmanship during the period covered by the guarantee. MATERIALS AND WORKMANSHIP: No material which has been used by the CONTRACTOR or others for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the ENGINEER. WATER AND ELECTRICITY: The CONTRACTOR shall make arrangements as may be required and bear all expenses for obtaining temporary water and/or electric power. The CONTRACTOR shall make all connections, furnish all necessary extensions, and remove same upon completion of the work at his own total expense. SC: 2 of 4 SANITARY FACILITIES: The CONTRACTOR shall provide adequate sanitary facilities for use by employees of the CONTRACTOR in conformance with requirements of the state and local health regulations, laws, and ordinances as interpreted by applicable authorities. TESTING: Testing required by the ENGINEER and set out in these Specifications shall be paid for by the CONTRACTOR. CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities thereupon, free from accumulations of waste materials, debris or rubbish caused by his employees or work. Upon the completion of the work, he shall leave site of his work "broom clean" or its equivalent. SEPARATE CONTRACTS: The OWNER reserves the right for itself or others to award contracts for work at the site of this project. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and where required shall properly connect and coordinate his work with theirs. STORAGE OF MATERIALS: Materials shall be stored on clean, smooth surfaces where foreign materials will not be mixed with or contaminate them. Any materials so affected or otherwise deemed unfit for use shall not be incorporated in the work. BARRICADES & WARNING DEVICES: All parts of the work shall be adequately barricaded with proper and acceptable barricades, warning lights, and/or signs similar in concept to Texas Highway Department standards, which signs must be approved by the ENGINEER. SPECIFICATIONS DEFICIENCIES: If omission or ambiguities occur in these specifications, Standard Specifications for Road and Bridge Construction of the Texas State Department of Health shall govern that part(s) of the work. PARTIAL PAYMENT: Paragraph 5.04 of the General Conditions of the Agreement is hereby changed to read as follows: On or before the last work day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval and/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 work day of the 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 last day of the second week of the month, the total amount of the ENGINEER'S monthly estimate, less ten (10) per cent of the amount thereof, which ten (10) per cent shall be retained until final acceptance of the work, and further less all previous payments, and further less all other sums that may be retained by the OWNER, under the terms of the Agreement. NO PAYMENT FOR INCIDENTAL WORK: Payment for all work under these Contract Documents shall be on a unit price basis as set out in the BID PROPOSAL. All other work shall be considered as incidental to related work and no direct payment shall be made therefor. SC: 3 of 4 AFFIDAVIT OF BILLS PAID: Before final payment is made by the OWNER to the CONTRACTOR, the CONTRACTOR shall provide a notarized statement to the ENGINEER certifying that all materials, labor and other incidentals of the work have been totally paid for by the CONTRACTOR and/or subcontractors who performed work or furnished materials for the project, holding the OWNER harmless and free from any responsibility for any unpaid bills incurred for the project. MATERIALS DISPOSAL: Any materials removed from the work areas shall be disposed as directed by the ENGINEER. SC: 4 of 4 TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. Definition of Terms Page 1.01 Owner, Contractor and Engineer G-1 1.02 Contract Documents G-i 1.03 Sub-Contractor '. G-1 1.04 Written Notice G-1 1.05 Work G-I 1.06 Extra Work G-1 1.07 Working Day G-2 I.OS Calendar Day G-2 1.09 Substantially Completed G-2 2. Responsibilities of the Engineer and the Contractor 2.01 Owner-Engineer Relationship G-2 2.02 Professional Inspection by Engineer G-2 2.03 Payments for Worts G-2 2.04 Initial Determinations G-2 2.05 Objections G-3 2.06 Lines and Grades G-3 2.07 Superintendence G-3 2.08 Contractor's Understanding G-4 2.09 Character of Workmen G-4 2.10 Contractor's Buildings G-4 2.11 Sanitation G-4 2.12 Shop Drawings G-4 2.13 Preliminary Approval G-5 2.14 Defects and Their Remedies G-5 2.15 Changes and Alterations G-5 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible G-6 3.02 Ownership of Drawings G-6 3.03 Adequacy of Design G-6 3.04 Right of Entry ., G-6 3.05 Collateral Contracts G-6 3.06 Discrepancies and Omissions G-6 3.07 Equipment, Materials and Construction Plant G-7 3.08 Damages G-7 3.09 Protection Against Accident to Employees and the Public G-7 3.10 Performance and Payment Bonds G-7 3.11 Losses from Natural Causes G-7 3.12 Protection of Adjoining Property G-8 3.13 Protection Against Claims of Sub-Contractors, etc. G-8 TC-1 3.14 Protection Against Royalties or Patented Invention G-8 3.15 Laws and Ordinances G-8 3.16 Assignment and Subletting G-9 3.17 Indemnification G-9 3.18 Contractor's Liability Insurance G-9 3.19 Certificate of Insurance G-10 4. Prosecution and Progress 4.01 Time and Order of Completion G-10 4.02 Extension of Time G-10 4.03 Hindrances and Delays G-I1 5. Measurement and Payment 5.01 Quantities and Measurements G-11 5.02 Estimated Quantities G-11 5.03 Price of Work G-11 5.04 Partial Payment G-11 5.05 IIse of Completed Portions G-12 5.06 Final Completion and Acceptance G-12 5.07 Final Payment G-12 5.08 Payments Withheld G-12 5.09 Delayed Payments G-13 6. Extra Work and Claims 6.01 Change Orders G-13 6.02 Minor Changes G-13 6.03 Extra Work G-14 6.04 Time of Filing Claims G-14 6.05 Arbitration G-15 7. Abandonment of Contract 7.01 Abandonment by Contractor G-15 7.02 Abandonment by Owner G-17 TC-2 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 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,'understood to be the ENGINEER for 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 Bid Documents shall consist of the Invitation to Bidders, Instructions for Bidders, Bid Proposal, Agreement, Performance and Payment Bonds, General Conditions, Special Conditions, Technical Specifications, Construction Drawings, 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 any 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: Agreement (signed), Performance and Payment Bonds, Bid Proposal, Special Conditions, Invitation to Bidders, Instructions for Bidders, Technical Specifica- tions, Construction Drawings, and General Conditions of Agreement. I.03 SUB-CONTRACTOR: The term Sub-Contractor, as used herein, is meant to include only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the construction drawings or specifications for this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE: Written notice to the CONTRACTOR shall be deemed to have been duly served if delivered in person to the individaul 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 or certified 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 boCh 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 set up by the Contract Documents, cr reasonably implied by the Technical Specifications, and not covered by the CONTRACTOR'S Bid Proposal, except as provided under "Changes and Alterations" herein. G-1 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 work has been made suitable for use or occupancy, or is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER.-ENGINEER RELATIONSHIP: The ENGINEER will represent the OWNER during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will 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 constuuction 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, or omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR`S or subcontractor's agents, 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 G-2 reasonable time. Should the ENGINEER fail to make such decision within a reasonable time, appeal to arbitration ,may be taken as if his decision had been rendered against the. party appealing. ;. ... _, 2.05 OBJECTIONS: In the even[ 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, and by such action may reserve the right to submit the question so raised to azbitration as hereinafter provided. .2.06 LINES AND GRADES: Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, constuuction 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 destructionor removal by him or his employees, such stakes, mazks, etc., shall be replaced at the CONTRACTOR'S expense. 2.07 SUPERINTENDENCE: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep a competant superintendent and any necessary assistants on the work at all times during its progress. 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 [o select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements or work of other contractors, the OWNER and ENGINEER being interested only in the result obtained and conformity of such_ co_mple_ted_ improvements with the Contract Documents. The CONTRACTOR shall be solely responsible for the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The Contract Documents as well as any additional information concerning the work to be performed passing from or through the E__NGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the Contract Documents 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 agreement, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of the Contract Documents, 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 process, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work G-3 completed or being performed, as measured "against the drawings and specifications constituting the Agreement, 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 construction drawings and technical 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 aTl work in accordance with the Contract Documents. ~ .. • 2.08 UNDERSTANDING OF THE CONTRACTOR: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, to conformation of the ground, the character of quality and quantity ,of the materials Ito 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 ag=eement, shall affect.or.modify any of the terms or obligations herein contained. 2.09 CHARACTER OF WORKMEN: The CONTRACTOR agrees to'employ only orderly and competent persons, skillful in the performance of the type of work required under the agreement, to do the work;•and agrees that whenever the ENGINEER shall inform him in writing ;that any person(s) •on the work is in his opinion, incompetent,` unfaithful or disorderly, such person(s) 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 BUILDING: The placement of temporary structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. 2.11 SANITATION: Necessary sanitary conveniences for the use of all persons on the work, properly secluded from public observation, shall be provided 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 checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has in writing called the ENGINEER 5 attention to such deviations at the time of submission, nor shall 1t 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 work in accordance with the Contract Documents and within the contract time. G-4 Such review by [he 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 construction drawings and technical specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.13 PRELIMINARY APPROVAL: The ENGINEER shall not have the power to waive the obligations of this Agreement for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described in full accordance with the Contract Documents. Failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall not release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER prior to final acceptance, and if found not'in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as ERTRA WORK, and shall be paid fot 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 Technical 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 agreement. 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 Agreement and the accompanying Performance and Payment Bonds. If such changes or alteration diminish the quantity of the work to be done, they shall not constitute a 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 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 G-5 for such work under Chis 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, the OWNER shall pay 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. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING PLANS AND SPECIFICATIONS ACCESSIBLE: The ENGINEER shall furn- ish the CONTRACTOR with an adequate and reasonable number of copies of all construction drawings and technical specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS: All construction drawings, technical specifica- tions, 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. 3.03 ADEQUACY OF DESIGN: It is understood that the OWNER believes he has employed competent engineers and designers. Therefore, it is agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the improvements and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. 3.05 COLLATERAL CONTRACTS: The OWNER agrees to provide by separate contract or otherwise, alI 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 Agreement that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event aE 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. G-6 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, and during any post-completion warranty period. 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 CON- TRACTOR shall at all times exercise reasonable precautions for the safe [y 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 graded in accordance with the "Manual of Accident Prevention in Construction of the Associated .General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and [heir adequacy shall be the sole respon$ibility of the CONTRACTOR, acting at his discretion as an independent contractor. 3.10 PERFORMANCE AND PAYMENT BONDS: Unless otherwise specified, i[ is further agreed by the parties of this Agreement that the CONTRACTOR will execute separate performance and payment bonds, each 1n the sum of one hundred (100) per ce^.t of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Agreement, and it is agreed that this Agreement 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 Secetary of Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the unit bid prices shown in the CONTRACTOR'S Bid Proposal. 3.11 LOSSES FROM NATURAL CAUSES: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecutioh of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. G-7 3.12 PROTECTION OF ADJOINING PROPERTY: The 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 oui of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES: The CONTRACTOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence, which may be an "Affidavit of Bills Paid", that all obligations of the nature hereinabove designed have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR 'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this agreement, 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 ROYALITIES OR PATENTED INVENTION: The CONTRACTOR shall pay all royalities 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 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 under this Agreement, and shall indemnify and save harmless the OWNER and ENGINEER against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the constrution drawings and technical specifications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the G-8 contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all cost arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its power, 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 Agreement 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 wor'.c, or materials required in the performance of the Agreement, 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 respecitve officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work, (1) attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and (2) 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 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 this Agreement, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone far whose acts any of them may be liable: (1) Workmen`s compensation claims, disability benefits and other similar employees benefit acts; (2) Claims for damages because of bodily injury, occupation- al sickness or disease, or death of his employees, and coverages; G-9 "'(3)"Claims foi 3amages~because of bodily injury, sickness - of disease;~or~death of any person other than his' -~ - _ - employees,- claims insured by usual bodily injury ~'~~ ' - <13abilit}*`c'overages, and; (4) Claims `for damages because of injury to or destruction of tangible property including loss of use resulting ' therefrom. 3.19 CERTIFICATE OF INSURANCE: Before commencing any of the work, the CONTRACTOR shall file with the OWNER valid Certificates of Inusrance acceptable to the OWNER and the ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days prior written notice has been given to the OWNER. 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION: It is the meaning and intent of this Agreement, unless otherwise herein specifically provided., that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Agreement, the construction drawings and technical specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this ;Agreement, 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 ERTENSION OF TIME: Should the CONTRACTOR be delayed in the completion of the work by any act of neglect of the OWNER or ENGINEER or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, other than weather, of by any cause which the ENGINEER shall decide justifies the delay, then an extension of time shall be allowed for completing [he 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 judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. G-10 5. ME~SURE.*SENT AND PAYMENT 5-OL QUANTITIES AND MEASUREPIENTS: No extra or customary measurements of an; kind will be allowed, but the actual measured and/ot computed length, area, solic contents, number and weight only shall be considered, unless otherwise specificall; provided. 5.02 ESTIMATED QUANTITIES: This Agreement, including the Technical Specii_ cations, Construction Drawings and estimated quantities of work, is intended t< show clearly all material to be furnished hereunder. Where toe estimates quantities are shown for the various classes of work to be done and material to bE furnished under this Agreement, they are approximate and are to be used only as e basis for estimating the probable cost of the work and for compiling the proposal offered for the work. It is understood and agreed that the actual amount of wor'.: tc be done and material to be furnished under this contract may differ somewhat froo these estimates, and that where the basis for payment under this contract is tic unit price method, payment shall be for the actual amount of such wort: done acd the material furnished. Where payment is based oh the unit price method, the CONTRACTOR agrees that hE will make no claim for damages, anticipated profits or otherwise on accounts of an. differences which may be found between the quantities of work actually dose, the material actually furnished under this contract, and the estimated quantities contemplated and contained in the Bid Proposal. - 5.03 PRICE OF .WORK: In consideration of the furnishing of all the necessar; labor, equipment and material, and the completion of a12 wock by the CONTRACTOR ant upon completion of all work and of the delivery of al'_ material embraced in this Agreement if full conformity with the specifications and stipulations betel: contained, the 04INER agrees to pay the CONTRACTOR the prices set forth in the Big Proposal hereto attached, which has been made a part ai this Agreement. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all materia: and for well and truly performing the same and the whole thereof in the manner an according to this Agreement. 5.04 PARTIAL PAY?~NT: On or before the 5th of each month, the CONTRALTO: shall prepare and submit to the ENGINEER for agproval or modification a statemen showing as complete as practicable the total value of the work done by [h CONTRACTOR up to and including the last day of the preceding month; said statemea shall also include the value of all sound materials delivered on the site of th work that are to be fabricated into the wor'.c. The OWNER shall then pay the CONTRACTOR on or before the 10th day of [h current month the total amount of the approved statement, less 10 per cent of t` amount thereof, which 10 per cent shall be retained until final payment, and iur_he less all previous payments and all further sums that may be retained by the GWNc under the terms of this Agreement. It is understood, however, that in case t1 whole wor'.< be near to completion and some unexpected and unusual delay occurs due t no fault or neglect on the part of the CONTRACTOR, the OWNER may - upon writte recommendation of the ENGINEER - pay a reasonable and equitable portion of t: retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, me ba relieved of the obligation to fully complete the a'or:: and thereupon [: CUNTR::CTOR shall receive payment of the balance due him under the contract sube~. only to the conditions stated under "Final Payment." G-? Z 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 [he entire work or such portions may not have expired but such taking possession and use shall not be deemend 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 . agreement 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 a structure or facility shall no[ 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 Chat the work has been completed, or substantailly completed, the ENGINEER and the OWNER shall Inspect the work and within said time, if the work be found to be completed or substantially completed in accordnnce with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days to issue a Certificate of Acceptance of the work [o 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 t_o the OWNER, who shall pay 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 sub- contractors or for material or labor under this Agreement. G-12 ' (d) Damage to another contractor. (e) Reasonablr_ doubt that the wor'.t can be completed for the unpaid balance of [he 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 satisfactory to the OWNER, vhich will protect the OWNER in [he amount withheld, payment shall be made for amounts withheld because of them. S.Oy DELAYED PAY:~fENT: Should the OWNER fail to make payment to the CONTRACTOR in the sum named in any partial or final statement, when payment is due, then the OW NEB shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of twelve (12) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payment", 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 OIJNER and recover compensation, as provided under "Abandonment of Contract", unless such payments are withheld in accordance with the provisions of "Payments Withheld". 6. E3TRA WORK AND CLAL~IS 6.01 CIi4NGE ORDERS: Without invalidating this Agreement, the OLdNER may, ac any time or from time to time, order additions, deletions and/or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENCINE~R 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 E:ctra Work, and any change in contract time which may result from the change. In the event the CONTR~ICTOR 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 [o proceed with the work set forth in the Change Order and the CONTRACTOR may make claim against [he OWNER for Extra Work involved therein, as hereinafter provided. b.02 MINUR CHANGES: The ENGINEER may authorize minor changes in [he cor'.c 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 ENCINEE3 involves Extra Work and entitles him [o an increase in the Contract Price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writing shall advise the OIdNER of his request to the ENGINEER for a written Field Order and chat the work involved may result in an increase in the Contract Price. Any request by the CONTRACTOR far a change in Contract Price shall be made prior to beginning the work covered by the proposed change. G-'_3 6.03 E_CTRA WOR1:: Ic is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order for which a claim for Extra Work is made shall be determined by one or more of the following methods: lSethod (A)-By agreed unit prices; or Method (B)-By agreed lump sum; or Method (C)-If neither Method (A) or Method (B) be agreed upon before the Extra Work is commenced, the CONTRAC- TOR shall be paid the 'actual field cost of the work, plus fifteen (15) per cent. In the event said Extra Work be performed and paid for under Method (C), [hen the provisions of the paragraph shall apply and the "actual field cost" is hereby defined to include the cost to [he CONTRACTOR for all workmen, such foremen, 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 ictsurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The ENG_NEER 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 the machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America_ Where practicable the terms and prices for the use of machinery' and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15X) per cent 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 [he "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; [hen 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 [he 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 a written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under lSethod (C ). The CONTRACTOR will thereby preserve the right to submit Che matter of payment to arbitration, as hereinbelow provided. 6.04 TIME OF FILING CLAIMS: It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in G-14 writing and filed with the ENGINEER within thirty (30) days after the ENGINEER ha: given any directions, order or instruction to which Che CONTRACTOR desires [o take exception. The ENGINEER shall reply within thirty (30) days to such critter exceptions by [he CONTRACTOR and render his final decision in writing. In case [he CONTRACTOR should appeal the ENGINEER'S decision, any demand for arbitration shal] be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. Zt is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the payment shall be a bar to any claims by either party, except 4-here noted otherwise in the Contract Documents. 6.D: ARBITRATION: All questions of dispute under this Agrzement shall be submitted [o arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the arbiters so selected; or if the arbiters fail to select a third within [en (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, [he ENGINEER shall apcoint such arbiter. Should either party refuse or neglect [o supply [he arbiters :'ith any papers or information demanded in writing, [he arbiters are empowered by both parties to take ex parse proceedings. - The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters uoon any question submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or orbit=_rs say be filed in court to carry it into effect. The arbiters, if they deem thelcase demands ic, are authorized to award the party whose contention is sustained, such sums as [hey deem proper for the time, expense and trouble incident to the appeal, and if the appeal were taken without reasonable cause, they may award damages far any delay occasioned thereby. The arbiters shall fix their own compensat_on, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon eitfier or bats parties. The award of the arbiters must be made in writing. 7. ABANDOA2~lENT OF CONTRACT i.01 ABA?:DONI~NT BY CONTR?CTOR: In case [he CONTRACTOR shou'_d abandon and fail or refuse to resume work within tea (10) days after written notification f_om the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent with the Contract Documents, then, and in [hat case, where performance and payment bonds exist, the Sureties on these bonds shall be no[ifiad in writing and directed to complete the work, and a copy of said notice shall be delivered to the CDNTR~CTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from Che work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract fat the work, may be held for use on [he work by the OWNER or [he Surety of the per_'or~ance bond, or another contractor in complet`_on of the wor'.c; and the CONTRACTOR shall not receive any rental or credit therefor (except when used in connection with E::tra G-15 Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the~use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence in compliance with the 'notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7.01.1 The OWNER may thereupon employ such force of labor 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 [o [he 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 has 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 [he OWNER; or 7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more times in the 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. Ia 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 therefor. However, should the cost to complete any such new contract prove to'be Less than what would have been the cost Lo 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, of the OWNER as the case may be, shall pay the balance due' as reflected by said statement, within ten (10) days after the date of such Certificate of Completion. Ia' 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/br 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 [he 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 the contract, provided, however, that actual written notice G-16 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 [he OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum ' derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persoas other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTACTOR and his Surety. 7.02 ABANDONI~NT SY OWNER: In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with the terns within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom a12 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 slated in [he 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 they make final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OW;rER 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 terns of this Agreement. t.. G-17