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R-02-09-12-13C9 - 9/12/2002
RESOLUTION NO. R- 02- 09- 12 -13C9 WHEREAS, the City of Round Rock has duly advertised for bids for the 2001 -2002 Sewer Cleaning and Internal Television Inspection, Basins OC31Z and CC36Z Project, and WHEREAS, Utility and Environmental Services, Inc. has submitted the lowest responsible bid, and WHEREAS,the City Council wishes to accept the bid of Utility and Environmental Services, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Utility and Environmental Services, Inc. for 2001 -2002 Sewer Cleaning and Internal Television Inspection, Basins OC31Z and CC36Z Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of September, 2002 011° NY ,, Mayor AT' City Round Rock, Texas CHRISTINE R. MARTINEZ, City Secret ..ODMA \wORLDOX \0. \WDOX \RESOLD, \RZO,12C9.WPD /ec y THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas. 78664 (512) 218 BID TABULATION BIDS EXTENDED AND CHECKED BY : RIN Group, Inc. DATE : 8/19/02 SHEET 1 OF 1 - CONTRACT : Sewer Cleaning & Internal TV Inspection LOCATION : Basins 0C31 - Z and CC36 - Z Utility & Environmental Services, Inc. Bid Bond? Yes Ace Pipe Bid Bond? Yes Cleaning National Works, Inc. Bid Bond? Yes DATE: August 13, 2002 COST UNIT PRICE COST UNIT PRICE COST ITEM UNIT APPROX QTY. UNIT PRICE 6" 12" DIA. LF 29,550 50.55 516,252.50 $0.65 519,207.50 $1.25 $36,937.50 SEWER LINE CLEANING, - 15" 21" DIA. LF 10,514 50.85 58,936.90 51.25 $13,142.50 51.50 $15,771.00 SEWER LINE CLEANING, - 24" 27" DIA. LF 14,003 $1.17 516,383.51 51.45 520,304.35 51.75 $24,505.25 SEWER LINE CLEANING - 36" 42" DIA. LF 8,768 51.60 $14,028.80 $1.75 515,344.00 52.00 517,536.00 SEWER LINE CLEANING - 6 " DIA. LF 29,550 $0.68 520,094.00 $0.75 $22,162.50 $0.75 522,162.50 TELEVISION INSPECTION - 12" 15" DIA. LF 10,514 50.75 57,885.50 $0.95 $9,988.30 $0.85 58,936.90 TELEVISION INSPECTION - 21" 24" 27" DIA. LF 14,003 $0.75 510,502.25 $1.25 517,503.75 $0.95 $13,302.85 TELEVISION INSPECTION - 36" 42" DIA. LF 8,768 $0.80 $7,014.40 $1.25 510,960.00 $1.25 510,960.00 TELEVISION INSPECTION - REVERSE SETUP EA 20 $0.00 $0.00 $175.00 $3,500.00 $300.00 $6,000.00 TELEVISION INSPECTION, STEP CLEANING (ALL SIZES) LF 100 51.25 5125.00 $1.25 5125.00 $5.00 $500.00 SHALLOW LINE OPERATION MINUTE INCREMENTS) EA 100 $16.67 $1,667.00 525.00 52,500.00 5200.00 $20,000.00 BYPASS PUMPING (10 SETUP EA 20 51,000.00 520,000.00 5500.00 510,000.00 $250.00 $5,000.00 BYPASS PUMPING TOTAL: $122,889.86 $144,737.90 $181,612.00 bidtab /bid tab EDWARDS AQUIFER RECHARGE ZONE WASTEWATER COLLECTION SYSTEM INSPECTION PROGRAM City of Round Rock's EDWARDS AQUIFER RECHARGE ZONE FIVE YEAR INSPECTIONIREHABILATATION PROGRAM WASTEWATER COLLECTION SYSTEM SUB- DRAINAGE BASIN MAP LEGEND Edwards Aquifer Recharge Zone Basins currently under Inspection -2002 nee: 'Z'denras subdminegb basins Me re ebe sJd"ed in the Edwrds Maw RBMege Zone (E.A.R.Z) 00 I0 there obsepmdnay to the E.ARZ. The geographical dale shown is provided' as ie. The user is solely responsible for understanding the woozy limitations of dam shown. DATE: September 6, 2002 SUBJECT: City Council Meeting — September 12, 2002 ITEM: * 13.C.9. Consider a resolution authorizing the Mayor to execute a contract with Utility and Environmental Services, Inc. for the 2001 -2002 Sewer Cleaning and Internal Television Inspection, Basins OC31Z and CC36ZProject. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Tom Clark, Director of Utilities Michael Thane, Engineer History: On August 13, 2002, three bids were received for this project. The bids ranged from $122,885.86 to $181,612.00. Utility and Environmental Services, Inc. was the low bidder at $122,885.86. This contract is to provide cleaning, inspection analysis, and reports on 62,831 linear feet of our wastewater collection system in two basins (OC31Z and CC36Z) within the Edwards Aquifer Recharge Zone. Based on RJN's recommendation, staff recommends acceptance of the bid in the amount of $122,885.86. The TNRCC requires that all sewage collection systems that are constructed on the Edwards Aquifer Recharge Zone be constructed in accordance with specific criteria to ensure protection of the aquifer. Every five years, existing sewage collection systems must be inspected and tested to identify and locate structural damage and defects such as offsets, open joints, or cracked or crushed lines that would allow infiltration to occur. Lines with damages or defects, repairs must be done within one year of inspection. The area of Round Rock located above the aquifer was divided into 24 basins. Due to the large area of the city that is located over the Edwards Aquifer, the city was granted an alternative of a seven -year period in which these basins can be inspected instead of five years. Funding: Cost: $122,885.86 Source of funds: Self financed utility fund Outside Resources: Utility and Environmental Services, Inc. Impact/Benefit: Elimination of defects will reduce the I &I entering the system, thereby reducing the City's treatment cost to the LCRA and the Brazos River Authority (BRA). Most importantly we are required under TNRCC - Edwards Aquifer Rules to inspect and test all wastewater collection systems, which will help keep our wastewater treatment cost down. However, it should be noted that the City would need to dedicate finances annually to comply with current laws. Public Comment: N/A Sponsor: N/A Dear Mr. Thane: ROUP, INC. playee -Owned Firm ng and Information gy Services August 21, 2002 Mr. Michael Thane, P.E. Public Works Department City of Round Rock 2008 Enterprise Drive Round Rock, TX 78664 RE: Bid Tabulation, Sewer Cleaning and Intemal TV Inspection Basins 0C31 -Z and CC36 -Z Attached is the bid tabulation for the above referenced project. RJN has reviewed the bid and related information and contacted references for the low bidder. Based on this information, we recommend that the City of Round Rock award this project to Utility and Environmental Services, Inc. for the amount of $122,889.86. We are looking forward to working with you during the construction phase of this project. If you need any assistance, please feel free to call Kevin Chumbley or me at the number above. MGM/kb /18- 1728 -00 Sincerely, RJN GROUP, INC. Mr. Michael G. McKay, P.E. 12160 Abrams Road, Suite 206 Dallas, TX 75243 972.437.4300 fax 972.437.2707 www.rjn.com CORD CERTIFICATE OF LIABILITY INSURANCE DATE AINUODNY) 09/23/2002 PRODUCER (972)490 -8800 FAX (972)490 -2255 Sovereign Insurance Group, Inc. Prestonwood Pond II 14860 Montfort Dr., Suite 111 Dallas, TX 75254 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Utility & Environmental Services, Inc. P.O. Box 542015 Dallas, TX 75354 -2015 I INSURER A: Trinity Universal Ins Co. INSURERS: Trinity Universal of Kansas INSURERC Service Lloyds Ins Co INSURER 0 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR RR TYPE OF INSURANCE POLICY NUMBER EFECTNE POLICY F DATE E POLICY EXPIRATION DATE I E XyP IRA1IO LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY TXP1395933 01 06/23/2002 06/23/2003 EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one Nre7 S 100,000 MED EXP (Any one person) S 5,000 I CLAIMS MADE © OCCUR PERSONAL 8 ADV INJURY 5 1,000 000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 GEM. AGGREGATE LIMIT APPLIES PER 7 POLICY n ri n LOC B AUTOMOBILE LABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS — HIREDAUTOS NON-OWNED AUTOS — TCA1395935 01 06/23/2002 06/23/2003 COMBINED SINGLE LIMIT (Ea acc0AM) t 1,000,000 BODILY INJURY (Perpemo.) $ BODILY INJURY IPor acndeNl $ PROPERTY DAMAGE (Per accl0e0N F GARAGE LABILITY ANY AUTO — AUTO ONLY - EA ACCIDENT S OTI-ER THAN EA ACC $ AUTO ONLY AGG S A EXCESS LABILITY OCCUR II CLAIMS MADE _ DEDUCTIBLE X RETENTION 8 10,000 J01395956 01 06/23/2002 06/23/2003 EACHOCCURRENCE $ 1,000 AGGREGATE E 1,000,000 E 5 S C WORKERS COMPENSATION AND EMPLOYERS' LABILITY 585317801 06/23/2002 06/23/2003 X 1 TOFY LIT 5 1W E L EACH ACCIDENT S 500,000 E. L. DISEASE- EAENPLOYEE $ 500,000 E . DISEASE - POLICY LIMIT S 500,000 A OTHER Business Personal Prop Equipment Floater TXP1395933 01 06/23/2002 06/23/2003 525,000. $75,000. Rented /Leased DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES THE CITY OF ROUND ROCK IS EXCEPT WORKERS' COMP AND EMPLOYERS' ' OLICIES BE CANCELLED OR CHANGED COMPANY WILL MAIL THIRTY (30) /EOCLUSIONS ADDED BY END0RSEMENT/SPECAL PROVISIONS NAMED AS ADDITIONAL INSURED WITH RESPECT TO ALL POLICIES LIABILITY. SHOULD ANY OF THE ABOVE DESCRIBED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING DAYS WRITTEN NOTICE TO THE CERT HOLDER NAMED BELOW. CERTIFICATE HOLDER I I ADDmONAL INSURED; INSURER LETTER: CANCELLATION CITY OF ROUND ROCK ATTN: JOANNE LAND 221 E. MAIN STREET ROUND ROCK, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE COMPANY, R5 AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Michael Sterlacci/JHAYS From To JOANNE LAND ACORD254(7197) FAX: (512)218 -7097 2- O2- 6 , 9- iQ -/3C/ SEP -23 -2002 11 :53 Date'. 9/23/02 Time: 11:45 04 AM Amanda SIG 93% P.01 Page ] of 2 From: To JOANNE LAND A IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25S (7197) SEP -23 -2002 11:53 Date. 9/23/02 Tme: 1145:04 AM Rmanda SIG 93% P.02 rage 2 OT 2 ACORD, CERTIFICATE OF LIABILITY INSURANCE 1 77mm/own 09/23/2002 a" (972)490 -6100 FAO (972)490 -2255 Sovereign Insurance Group, Inc. Preston7.00d Paid II 14160 Montfort Or., Suite 111 Dallas, TX 75254 THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE NO CERTIFICATE HOLDER. THIS CERTIFICATE 00E1 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY VIE POLICES BELOW INSURERS AFFORDINGCOVERAIE memo Utility i Environmental Services, Inc. P.O. Box 542015 Dallas. TX 75354 -2015 1 Ix a,coA: Trinity Universal Ins Co. ELIDED El Trinity Universal of Kansas (( C" �/J�✓t/{ 0115 E PC Service Lloyds Ins Co o INMBER E : A ,P tJt/ yyyl- C M EOES TN INSURANCE O O P CO MY CONTRACT OT OTHER DOCUMENT 6U R NNANEDA FOR 0009E UI I 007 P ERTAI N N . THFIFJLM0. AFFORDED 57 3*51 POLICIES Cs SUBJECT RESPECT i0AWOL TDALL THE TERNS. EXCLUSIONS CON YSE 1 - CT 70THEPoLHISPE CERTIFICATE YIE 1 TP rMERTAI. THE ATEOMITS AFORDE 5Y THE ONCES 0000 0 7 N I ERm 15 UBJS, EIk:IONl M011 POLICIES AGGRO: ATE ATE LIMITS SHOWN MAY HAVE BEEN REDUCED ST PAID CLAIMS V'. A 171Ea WWRRNCB 000.RN LAMM' © OLMfKL. PACE Ui 777177m7 ■ o : A,95LMDE oDatLN ■ 1. GENE 000r[GAIE MTDEEMED DEO. ■ Palc" .tn ■ Loc POLICY DER XP1395933 01 wuY rjjl' 06/23/2002 PC INY ...e.', • 06/23/2003 I. ENCxacuoSOse TS i 1 000 00 /IOE pAN.OE very ono OrN re •I REREONN L ADP Nun S 1 000 00 GENERAL AGGREGATE E 2.000 •'1 r 2 Dm 00 B ouramoNLE Lwow © AN7NRD ■ Ar.Dw'®AN7OG II SoDOLLLENROS MOED0RSG ■ 70+0.050 Arras CA1395935 01 06/23/2002 06/23/2003 5wAELwR 11..0e1Eo-*l ' 1 000 00 ,n:rpq�,j " r IRA 0 ■ v eee10s. DVE.e ' r ■ 00NLT. wrW *0 EA ACCIDENT 01, P AR 1 ALDO RAG A C FiCECt WEEDY OICW E ctNw WOE ■ 000007140E ovum. S 10,00. wawa, couremonox AND 990317901 a LMAUn .1395956 01 06/23 /2002 06/23/2002 06/23/2003 06/23/2003 1904 OCCURRENCE 5 1,000,00 NWOEGAIS 5 1,000,00 5 000,0 i lallill ©'.',, ',a' ■ EL. EACH ACCIDENT 519015E 99E- E05990,9. L 500.00 L DISEASE - POLIO LINO1 r 500 00 . us mess Personal Prop quipment Floater %9139593 01 06/23/2002 06/23/2003 925,000. 975,000. Rented /Leased 1 �e NE C TY D ROUND ROCN NILMFA AS If611RE0 MITH RESPECT TO ALL POLICIES EFT WORKERS' COMP AND EMPLOYERS' LIABILITY. SHOULD ANY OF THE ABOVE DESCRIBED - ' LICIE5 BE CANCELLED OR CHANGED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING A PAW WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE CERT HOLDER NAMED BELOW. CERT MATE HOLDER 1 IAmmaCL 000REO:INau00R CANCELLATION CITY OF ROUND ROCK ATTN: JOANNE LAND 221 E. MAIN STREET ROUND ROCK. TX 78664 ANY ER NE ABOVE ESCP.KED POLCSE DE CRACKLED WORE THE EMPAATION DATE TEEM TIE MUM COMAM5.L E5550050 re MOIL JD PM nountN woo. TO mE CERnMIAIP ROWER WNW TO n0LE01,, 0U7 04000 TO MALL . occ NOTICE !LOLL WORE NO D0uvmox DR LJA.071 Or NW DM WED TNECDMMM', RE ACEMM OILREANEMATNE. 600952/0 5371 r., 4444, 4999. AUmOREDR@RSEN55757 MI cllael Sterlacci /]HAYS * * * * * * * * * * * * * ** -COMM. JOURNAL- * * * * * * * * * ** * 11101 ' * * * ** DATE SEP -23 -2002 * * *** TIME 18:02 * ** P.01 MODE = MERRY TRANSMISSION FILE NO.= 251 STN N0. COM RBBR NO. STATION NAME /TEL,NO. PAGES DURATION 001 OK <00> PUBLIC WORKS 002 OK <09> SHEETS ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 5122187097 rrorn, Tv JOANNE LAND / 2- O D?_a 9- I2 - 13 CV SEP -23 -2002 11 Amanda 0113 START= SEP -23 18:00 END = SEP -23 18102 Dec 9123/02 7177e: 1145.0E A5 002/002 00100'48" 002/002 001 00'49" -CITY OF ROUND ROCK - * * * ** - 5122187097- * * * * * * * ** eACORO CORPORATION 1 955 July 2002 Contract Documents Sewer Cleaning and Internal Television Inspection Basins 0C31 -Z and CC36 -Z prepared by An Employee -Owned Firm City of Round Rock Williamson County, Texas RJN Group, Inc. Consulting Engineers APPROVED BY Dallas, Texas CITY ORNEY CONTRACT DOCUMENTS SEWER CLEANING AND INTERNAL TELEVISION INSPECTION BASINS 0C31 -Z AND CC36 -Z CITY OF ROUND ROCK, TEXAS RJN GROUP INC. CONSULTING ENGINEERS DALLAS, TEXAS JULY 2002 Contractor Street Address City & State Telephone CONTRACT DOCUMENTS SEWER CLEANING AND INTERNAL TELEVISION INSPECTION BASINS 0C31 -Z AND CC36 -Z CITY OF ROUND ROCK, TEXAS JULY 2002 I hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Texas. �GF T�.kd lCtIRELG. McKAyr, 64387 a Jwm ; ttttt .it{� fa-S— TABLE OF CONTENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION CONTRACT DOCUMENTS FOR THE CITY OF ROUND ROCK SEWER CLEANING AND INTERNAL TELEVISION INSPECTION BASINS 0C31 -Z AND CC36 -Z TABLE OF CONTENTS TITLE 1.0 NOTICE TO BIDDERS 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS BID BOND PROPOSAL BIDDING SHEETS 3.0 POST -BID DOCUMENTS AGREEMENT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF LIABILITY INSURANCE 4.0 GENERAL CONDITIONS* 5.0 SPECIAL CONDITIONS SECTION 01 - INFORMATION SECTION 02 - SPECIAL CONSIDERATIONS SECTION 03 - TRAFFIC CONTROL SECTION 04 - WARRANTY BOND SECTION 05 - INSURANCE SECTION 06- WAGE RATES 1 1 1� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 * TABLE OF CONTENTS (CONT.) SECTION TITLE 6.0 SPECIFICATIONS DI DIVISION 1- GENERAL REQUIREMENTS* D2 DIVISION 2 - SITE WORK* E MAPS OF SEWER MAINS TO BE CLEANED/TELEVISED Section has individual Table of Comtects. 08/08/2002 13:17 9724372707 2. On page D2 -2(3), change 1.n. to read: 3. On page D2 -2(3), change 5.a to read: ADDENDUM/CLARIFICATION NO. 1 Sewer Cleanine and Internal Television Inspection )3asins 0C31 -Z and CC36 -Z August 08, 2002 RJN GROUP, INC PAGE 02/02 The Following are Clarifications for the above referenced project specifications: 1. On page D2 -1(3), change 3.b. to read: b. Unless other methods are approved by the City, Normal Cleaning shall be performed for all designated sewer segments. Three attempts shall be made, if necessary, by the CONTRACTOR unless directed otherwise by the ENGINEER. n. Should the camera equipment become lodged in the sewer lines, the Engineer shall be promptly notified. The City will assist the Contractor in removing the camera. a. General observations and comments of the pipe condition and defects shall be verbally described on the video and recorded digitally in a database. Digital and hard copies of the Television Inspection Reports shall be provided with WinCan, PipeTech, DataCap, or equivalent pipeline reporting software. All Inspection reports shall be approved by the ENGINEER. This addendum shall be considered as a revision/clarification to specifications for the above referenced project. Receipt of this addendum shall be acknowledged by: 1. Attachment of this addendum to the outside of the bid envelope. 2. In the bid proposal section page BD-4. Should you have any questions or concerns, please contact Kevin Chumbley, B.I.T., RJN Group, Inc., (972) 437 4300 x125, or Michael Thane, P.E., City of Round Rock, (512) 218 -3236. cc: file 18172800 Sincerely yours, RJN GROUP, INC. Kevin Chumbldyt, E.I.T. Project Manager City of Round Rock, TX Clarification No. 1 2002 Sewer Cleaning and Internal television Inspection Basins 0C31-Z and CC36 -Z Pager 1 of 1 08/08/2002 THU 13:09 [TX /RX NO 9005] i 002 NOTICE TO BIDDERS SECTION 1.0 NOTICE TO BIDDERS Sealed bids addressed to City of Round Rock, Texas, will be received by the City of Round Rock at its City Hall at 221 East Main Street, Round Rock, Texas 78664, until 2:00 p.m. local time on August 13. 2002 then publicly opened and read aloud at the City Hall Council Chambers at the same address, for furnishing all labor, material and equipment and performing all work required for the project titled "Sewer Cleaning and Internal Television Inspection - Basins 0C31 -Z and CC36 -Z including all related appurtenances. Any Bid received after the closing time will be returned unopened. Bid envelopes should state date and time of bid and "Sewer Cleaning and Internal Television Inspection - Basins 0C31 -Z and CC36 -Z ". No bids may be withdrawn after the scheduled opening time. This project includes material and labor, furnishing of all tools, and performing the work necessary to be done in the cleaning and televising the interior of approximately 61,804 linear feet of 6 -inch to 42 -inch diameter sanitary sewer mains in the locations identified in the map in Section 6.0 - E. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works Office, 2008 Enterprise Drive, Round Rock, Texas (512- 218 -5555) beginning Monday. July 29. 2002 for a non - refundable charge of $ 75.00 per set. If Bid Documents are to be sent by mail, an additional $25.00 is required for each set of documents to cover mailing and handling. The payment will not be refunded. All checks shall be made payable to the City of Round Rock. The OWNER may make such investigations as it deems necessary to determine the ability of the bidder to perform the work. Due to the specialized nature of the project, documented evidence of sewer cleaning and sewer televising experience is required for consideration as a responsive bidder. The bidder, as part of the bid, shall also provide at least five references for similar projects completed within the past five years for municipalities in the State of Texas. These referenced projects (at least five separate projects) shall include both sewer cleaning and television inspection for a minimum of 60,000 feet each. The OWNER reserves the right to reject any and all bids. OWNER may reject the bid if the evidence submitted, either by the bidder or from an investigation of the bidder, fails to satisfy the OWNER that such bidder is properly qualified to carry out the obligations of the contract and to complete the work prescribed herein. NB -1 References shall be included with the bid and shall consist of Contact Name, entity, business address and phone number. A brief description of the project associated with the reference shall also be included consisting of the project name, length of mains televised and cleaned, date services completed, project superintendent for the bidder and any other pertinent data. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The City of Round Rock reserves the right to reject any and all Bids and any nonconforming Bid and to award the Contract in a period of time not exceeding 90 days from the Bid opening date. Bids shall remain firm for that period. For information concerning the proposed work, contact Mr. Kevin Chumbley, RJN Group, Inc., 12160 Abrams Road, Suite 206, Dallas, Texas 75243, telephone (972) 437-4300 For an appointment to see the project sites, contact Michael Thane, City of Round Rock, telephone (512) 218 -3236. The successful Bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Round Rock Leader: July 29, 2002 August 5, 2002 NB -2 BID DOCUMENTS SECTION 2.0 INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do biddoc.msUspec BD -1 the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one - hundred percent (100%) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment biddoc.msUspec BD -2 of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the fmished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and biddoc.msUspec BD -3 3) The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.mst/spec BD-4 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Employers Mutual Casualty Company HOME OFFICE • DES MOINES BID BOND (NOT VALID IF BID AMOUNT EXCEEDS $ 52 of Bid KNOW ALL MEN BY THESE PRESENTS: That We, Utility & Environmental Services, Inc. 1965 California Crossing, Dallas, TX 75354 as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa and authorized to do business in the State of Texas as Surety, are held and firmly bound unto the City of Round Rock, Texas as obligee, ill the sum of 52 of Bid DOLLARS, lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for: (enter description of proposal here) Sewer cleaning and internal TV inspection according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a con- tract with the Obligee in accordance with the terms of such proposal or bid and award and shall give bond for the faithful perform- ance thereof, with the EMPLOYERS MUTUAL CASUALTY COMPANY as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this hand, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. PROVIDED HOWEVER, neither the Principal nor the Surety shall he bound hereunder unless the Obligee shall upon request, provide evidence of adequate financing to both the Principal and Surety prior to execution of the final contract. Signed, Sealed and Dated this 12th day of August Utility & Environmental Services, Inc. Princ10a1 By By: Donald E. Daniel, President EMPLOYERS MUTUAL CASUALTY COMPANY Bond No N/A 7 W(/lAitJ Darren Halbur 19 2002 Suety Attorney -in -Fact ' . FOtm 7007.1 THE FAC[ OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK- HOLD AT AN ANGLE TO VIEW. EMC Insurance Companies __ _ Mines, No. 473213 KNOW ALL MEN BY THESE PRESENTS, that: o Iowa 50303 P.O. Box CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-1N-FACT 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO.Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Illinois Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint HOWARD O. DUGGER, LINDA ANN MCALLISTER, DARREN A. HALBUR, INDIVIDUALLY, RICHARDSON, TEXAS its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each; Company thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers ofeach suds Company, and all of the acts of said.attorney pursuant tolhe authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1 , 2005 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is- made:and executed pursuant to and by the authority of - the - following resolution of the Boards of Directors of each of the Coswpanies at .a regularly scheduled meeting of company duly called and held in 1999: - - RESOLVED: The President and Chief Executive Officer, any Vice President the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attpr'neys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the ompany thereto; bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attomey authodzed herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon thisCompany. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon .a certified copy of any power- ofattorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. • IH 1 TNESS WHEREOF; t he %pmpanies have caused thesesments to be signed for each by their officers as shown, and the Corporate seals to beheretoaffixed this JanUar 'LUVL I 4 RUTA KRUMINS ` Commission Number 176255 My Comm. Exp. Sept. 30. 2003 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; resident of Company 1; Vice Chairman and CEO of Company 7 _. Notary Public in and for the State of Iowa are true and correct and are still in full force and effect. lo Testimony Whereof 'I have subscribed my name and affixed the facsimile seal of each Company this 12_ day of August J ' y S. Birdsley Assistant Secretary On this 6th d of January Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and /or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, acknowledge the execution ..,4 said instrurrfenf to be the, voluntaryact and deed. of each of the Companies. My Commission Expires September 30, 2003. CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the nies rid This P r of Atto a iss ed rs nt ther o on January 16, 2002 Gompa 4ioward �"I tugger; Fulda Ann e` cAuieter, Darren A. Halb 102 Vice - President "For verification of the authenticity of the Power of Attorney you ma call (515) 280 - 2689." 1 1 I JOB NAME: Sewer Cleaning and Internal Television Inspection Basins 0C31 -Z and CC36 -Z "JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas 'ATE: June 2002 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder ereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, ools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided E by the attached supplemental specifications, and attached project location maps and binds himself on cceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: 1 1 1 1 1 1 1 1 PROPOSAL BIDDING SHEET BASE BID 1 CONSTRUCTION OF SANITARY SEWERS/MANHOLE REHABILITATION BID ITEM DESCRIPTION AND UNIT AMOUNT ' ITEM QUANTITY UNIT WRITTEN UNIT PRICE PRICE BID 1. 29,550 LF Sewer Line Cleaning (6 " -12" Dia.) for — dollars ancri5E -V V C 2. 10,514 LF Sewer Line Cleaning (15 " -21" Dia.) for dollars and Flthl F1Nit cents. $ i$ $(1) gh10.°1O cents. $ ,5i $110) 3. 14,003 LF Sewer Line Cleaning (24" -27" Dia.) for ON P. dollars and SAl eirtl - e - e 1 cents. $ $110)1) BD -1 1 1 BID ITEM DESCRIPTION AND UNIT AMOUNT I ITEM QUANTITY UNIT WRITTEN UNIT PRICE PRICE BID 4. 8,768 LF Sewer Line Cleaning (36 "-42" Dia.) I for p n e, dollar and SiK1 Y cents. $ [ . (pb $__ 1 1 1 1 1 1 1 1 1 19 1 1 1 1 CONSTRUCTION OF SANITARY SEWERS/MANHOLE REHABILITATION 5. 29,550 LF Television Inspection (6 " -12" Dia.) for dollars and SiXkt( pit cents. $ ' slop&N.ta 6. 10,514 LF Television Inspection (15 " -21" Dia.) for dollars and 5L1(efkl -- VZ cents. $ ti r $ -1?$5 50 7. 14,003 LF Television Inspection (24 " -27" Dia.) for dollars and CV -e101 N 2 cents. $ y 1 $,O Wi,l('Ci 8. 8,768 LF Television Inspection (36 "-42" Dia.) for — dollars and tItyll cents. $ 0 $ — 214 . 0 20 EA Television Inspection, Reverse Setup for IVY ra{. dollars and J cents. ' 10. 100 LF Shallow Line Step Cleaning (All Sizes) for D L dollar and cents. $ •11r; $ (15.°° BD -2 $ 1 1 BID ITEM DESCRIPTION AND UNIT AMOUNT ' ITEM QUANTITY UNIT WRITTEN UNIT PRICE PRICE BID 11. 100 EA Bypass Pumping Operation (10- Minute Increments) 1 for clXkf eY1 dollars ( I � and `�I7C,�y Sev t e -V1 cents. $ IO.V11 $ ‘Q1 1 1 1 1 TOTAL BASE BID: 1 1 1 1 1 1 1 1 1 1 CONSTRUCTION OF SANTTARY SEWERS/MANHOLE REHABILITATION 12. 20 EA Bypass Pumping Setup One a'itIO tSA►A. J . f dollars and cents. $ 101)1) $ 1 BD -3 $ M O .h III14rdt»t AWo 4- tnoucahc ei0 1 h1�nd�red� 2ia�h�� (IN WRITING) n;he, do kl ar stuloL eiV•I 7'? cehfi5. If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within seventy -five (75) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. Respectfully . 'Red Print Name Signature E L li carn+r.Grtv;11 - .01 0. Ott( 9* lc Address O U iS,TC -1 MCr i Dokt.(C4C pC 1C394 ( 5 'el ft. Title for Telephone V i ctili\j i & nVi(iylrnentAl rm Q`« . •A f C r) Date S - , if Conn- is a 13D-4 Corporation POST -BID DOCUMENTS SECTION 3.0 THE STATE OF TEXAS COUNTY OF WILLIAMSON § postbid,msUspec master AGREEMENT Sewer Cleaning and Internal Television Inspection Basins 0C31 -Z and CC36 -Z PBD -1 z THIS AGREEMENT, made and entered into this day of c P,@k� , 20 (>1..., by and between (Owner) City of Rou . Rock, Texas of the Stat " "e� 'of Texas, acting through Nyle Maxwell, Mayor, thereunto duly authorized so t� tip - , `, t ,‘ , hereinafter termed OWNER, and (Contractor) ( -j� eywroArne.oi 1 0 laS , Texas, County of DAMS , and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by RJN GROUP. INC. , herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within seventy (70) calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. 1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown ' in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the , year and day first above written. CITY OF ROUND ROCK, TEXAS (OWNER) BY: Al 1LST: yle Maxwell Mayor of the Contractor was then Corporate Seal t (\4 � � hmcn 0 Se ONTRACTOR) PDV - V—DawIC I its Pre41d -r, VtF (Typed name) (Title) retary, if Cont a,tor is a Corporation or otherwise registered with the Secretary of State 1 1 1 1 ATTEST: YJ 1 1 1 (The following to be executed if the Contractor is a Corporation.) I, 1i t1r G. V fl certi1\ thatI am the Secretary ofthe Corporation named , as Contractor herein; at l�'1 e . I )An I t✓ 1 , who signed this Contract on behalf Yf G 1(R-ht • (official title) of said Corporation, that ' said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signed: C V r 7r 1 1 1 1 1 postbid.mst/spec master PBD -2 1 1 '1 THE STATE OF TEXAS COUNTY OF WILLIAMSON UTILITY & ENVIRONMENTAL KNOW ALL MEN BY THESE PRESENTS: tt T yy hat SERVICES, INC. of the City of DALLAS C011EMPLOYERS and State of AS TEXAS , as Principal, and authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of ONE HUNDRED TWENTY TWO THOUSAND,EIGHT HUNDRED dollars ($1 22,RR4 a` ) for the payment whereof, well and tru y to i - made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 20th day of - SEPTEMBER , 2002 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. posrbid.mst/spec master PERFORMANCE BOND SEWER CLEANING & INTERNAL TV INSPF. TrnN PBD -3 BOND NO. S260240 1 1 1 1 1 1 1 1 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20th day of SEPTEMBER 2C0 2 . UTILITY & ENVIRONMENTAL SERVICES, INC. DONALD E. DANIEL PRESIDENT Title P.O. BOX 542015,DALLAS, TX. 75354 Address Resident Agent of Surety: SOVEREIGN INSURANCE GROUP Printed Name 14860 MONTFORT DR., #111 Address DALLAS, TEXAS 75254 City, State & Zip Code Signature postbid.mstispec master PBD -4 EMPLOYERS MUTUAL CASUALTY COMPANY Surety By: ORVIL COBORN aTTnRNF.Y TN FACT Title 14860 MONTFORT DR., #111,DALLAS Address TX. 75254 THE STATE OF TEXAS COUNTY OF WILLIAMSON UTILITY & ENVIRONMENTAL SERVICES, INC. KNOW ALL MEN BY THESE PRESENTS: That , of the City of DALLAS County of DA Lxb LRJT C State of TEXAS as Principal, and COMPAtvY authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of ONE HUNDRED TWENTY TWO THOUSAND, EIGHT HUNDRED EIGHTY NINE & 86 / ($ 122,889.86 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: PAYMENT BOND WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 20 th day o f SEPTEMBER , 20 0 2, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: posMid.mst/sp,c master CFWFR f r,F.ANTNG R TNTERNAT, TV INSPECTION PBD -5 BOND NO. S260240 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. 1 1 1 1 1 1 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 20 th day of UTILITY & ENVIRONMENTAL SERVICES, INC. Principal Sure ty By Address Printed Name DONALD E. DANIEL PRESIDENT ATTORNEY IN FACT P_O_ BOX 542015 DALLAS, TEXAS 75354 Resident Agent of Surety: SOVEREIGN INSURANCE GROUP 14860 MONTFORT DR., #111 Address DALLAS, TEXAS 75254 City, State & Zip Code Signature postbid.mst/spec ,aster SEPTEMBER 20 02 PBD -6 EMPLOYERS MUTUAL CASUALTY COMPANY ORVIL COBORN THE FACE OE THI9 DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK - HOLD AT AN ANGLE TO VIEW. 506853 EMC Insurance Companies P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3 Union Inpulance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Illinois Corporation hereinafter referred, to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint= MICHAEL T. STERLACCI, ORVIL COBORN, PAT'TIE HUBBARD, JUDY HAYS, INDIVIDUALLY, DALLAS, TEXAS its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: 1N AN AMOUNT NOT EXCEEDING FIVE MILLION DOLLARS • and to bInt each Company thereby as fully and to the same extent as If such instruments were signed by the duly authorized officers of each Such Company and all of. "' the acts of Said attorney pursuant to the authority hereby given are hereby ratified and confirmed.. . The authority hereby granted shall expire AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is .made,: and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies.at,a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:'The President and Chief -. Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power,.. and...authonty to (1) appoint attorneys -in -fact and authorize them to execute on, behalf of each Company and attach the seal of the. .Company. thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity or any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The &, facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy ofan y power-of- attameyof the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. • IN WITNESS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed thus , 10111 - day of September 2002 RUTA KRUMINS 1' Commission Number 176255 My Comm. Exp. Sept. 30 2003 April 1, 2005 unless sooner revoked. 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation ,. 7. The Hamilton Mutual Insurance Company, an Ohio Corporation Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; resident of Company 1; Vice Chairman and CEO of Company 7 On thi4 0th day of September AD 2002 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and /or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, acknowledge the execution of said= irtstrumentto be -lhe voluntary act and deed of each of the Companies. My Commission Expires September 30, 2003. Notary Public in and for the State of Iowa CERTIFICATE 1, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on September 10, 2002 i;n:behalf 01 Michael T. Stetlaccl, Orvil Coborn, Pattie Hubbard, Judy Hays are true and correct and are still full force and effect. • fn Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company thi day of ro,m 73321 0,1 "For verification of the authenticity of the Power of Attorne ou may call (515) 280- 2689." Vice - President Jeffrey S. Birdsley Assistant Secretary CERTIFICATE OF LIABILITY INSURANCE PRODUCER Sovereign Insurance Group, Inc Prestonwood Pond II 14860 Monfort Dr. , suite 111 Dallas, Tx 75254 INSURED Utility & Environmental Services, Inc P.O. Box 542015 Dallas Tx 75354 -2015 THIS IS TO CERTIFY THAT the Insured named above is the business operations hereinafter described, for the types the standard policies used by the companies, and further noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY TXP1395933 01 TCA1395935 01 PROFESSIONAL LIABILITY Business Person Prop TXP1395933 01 Equipment Floater 06/23/02 06/23/02 001395956 01 06/23/02 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY SRS317801 06/23/02 CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Cen of lnsur CORR EXHIBIT "A" 06/23/02 COMPANIES AFFORDING COVERAGE A Trinity Universal Ins. Co B Trinity Universal of Kansas C Service Lloyds Ins Co D insured by the Companies listed above with respect to of insurance and in accordance with the provisions of hereinafter described. Exceptions to the policies are 06/23/03 06/23/03 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS /EXCEPTIONS 06/23/03 06/23/03 Date: 09 /30/02 LIMITS GENERAL AGGREGATE PRODUCTS - COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S EACH OCCURRENCE 06/23/03 AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE S S S S S 2,000,000 2,000,000 1,000,000 1,000,000 100,000 5,000 S 1,000,000 $ 1,000,000 $ 500,000 $ 500,000 $ 500,000 $25,000 $75,000. Rented /Leased The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. NAT, OF HO REPRESENTATIVE Typed Name: Michael Sterlacci GENERAL CONDITIONS SECTION 4.0 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.115 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2. of the Engineer and the Contractor 2.01 - Owns Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation ' 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterafians 2.16 - Inspectors General Conditions of Agreement 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry . gencond.msdspec mastet GC - 1 1 3 . General Ob ligathms and Responsibilities (cont'd) 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Pubic 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Clam of Subcontinctors, etc. 3.14 - Protection Against Royalties or Patented Invention 315 - Laws and Ordinances 316 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance ' 3.19 - Final Clean -Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 1 322 - Wage Reties 4. Prosecution and Progress 1 1 1 1 1 1 1 1 GC -2 1 4.01 - Time and Order of Completion: 4.02 - Extension of Time 4.03 - flindrances and Delays 5. Measurement and Pmt 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6,03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner li. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontraotual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mataad Responsibffity of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of POESC415 and Property 10.03 - Location and Protection of Utilities 11. Termination 11.01 - Termination by Owner for Cause 11.02 - Termination for Convenience gencond.msuspec maw GC - 1. Definition of Terms 1.01 Owner, Contractor and Engineer General Conditions of Agreement The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such 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: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - Subcontractor The teen "Sub - Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. gencond.mstlspec master GC4 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. gencond.mst/spec master GC 2. Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the 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 with the progress of the executed work and to determine if such work 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 responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as arepresentation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies 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 execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. gencond.mst/spec master GC -6 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English- speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. The Contractor shall be fully and completely liable, at his own expense, for design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to gencond.mstlspec master GC -7 person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not, shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he fords that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may gencond.mstlspec master GC -8 be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. - 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in fmished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. gencond.mst/spec master GC -9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, incl ding without limitation, the obligation to at once tear out, remove and properly replace any defective work or material 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 the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor. Otherwise, the expense thus incurred shall be allowed as Extra Work and shall be paid for by the Owner, provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. gencond.mst/spec master GC -10 If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase Shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment ". Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the Owner makes such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent conceming the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. gencond.mst/spec master GC - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof fiunished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that 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 at 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 the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. gencond.mst/spec master GC - 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor hall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. gencond.mst/spec master GC - In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and bore by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or gencondmst/spec master GC -14 growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and the 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 the Contractor shall indemnify and save the Owner harmless form any Toss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the 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 gencond.mst/spec master GC -15 Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attomey or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, Loss, demand, suit, judgment, cost or expense: is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, gencond.mst/spec master GC -16 surveys, change orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: Certificate of coverage ("certificate") - a copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the govemmental entity. Persons providing cervices on he proj�( "subcontractor" in S 406 096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. gencond.mst/spec master GC -17 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all employees of the Contractor providing services on the project, for the duration of the project. This coverage shall include the following terms: (a) Employer's Liability limits of 5100,000.00 for each accident is required. (b) ( c) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: "As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY." The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) gencond.mst/spec master GC -18 no later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services 011 the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on the project to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project; and gencond.mst/spec master GC -19 (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, and/or other civil actions. The Contractor's failure to comply with any ofthese provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner and Engineer as an additional insured thereunder. gencond.mst/spec master GC -20 The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above- mentioned notice of cancellation clause. 3.19 Final Clean - up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting gencond.mst/spec master GC -21 shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2258.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. gencond.mst/spec master GC -22 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer; provided, however, that the Contractor shall give gencond.mst/spec master GC -23 the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as twenty percent (20%) more than, or twenty percent (20 %) less than the estimated or contemplated quantity for such items, then either party to this agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below twenty percent (20 %) of the estimated quantity. gencond.mst/spec master GC - A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this agreement, as provided under "Extra Work ". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an gencond.mst/spec master GC-25 acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non- acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the Owner, who shall pay to the Contractor on or before 35th day after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 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 or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. gencond.mst/spec master GC -26 c) d) e) 0 g) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. Damage to the Owner or another contractor's work, material or equipment. Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. Reasonable indication that the work will not be completed within the contract time. Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) 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. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. gencond.mst/spec master GC -27 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a change order or for which a claim for extra work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen percent (15 %). In the event said extra work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on gencond.mst/spec master GC -28 performance and payment bonds and maintenance bonds, public liability and property damage and workers' compensation, and all other insurance as may be required by any law or ordinance, or directed or agreed to by the Owner. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or the Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), 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 percent (15 %) of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's camp or field office must be maintained primarily on account of such extra work; then the cost to maintain and operate the same shall be included in the "actual field cost" No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to mediation or litigation. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for mediation shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. gencondmst/spec master GC - 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with the Contract Documents, then and in that case, where performance and payment bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under Section 6 herein), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to the Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this agreement. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor shall receive the difference. gencond.mstispec master GC -30 In case such expense is greater than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Owner, or (2) The Owner, under competitive bids taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his surety. gencond.mst/spec master GC -31 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. Thereupon, the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the Owner or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. gencond.mstfspec master GC -32 If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate change order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and the Engineer under the contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; require that such work be performed in accordance with the requirements of the Contract Documents; ( (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. gencond.mstlspec master GC -33 A copy of all such subcontract agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any monies to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, "the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper gencond.mst/spec master GC execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court costs or other costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and gencond.mst/spec master GC - (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall cany on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform pa federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty-four (24) hours prior to using explosives. A blasting permit must be obtained from the city at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and city departments will be notified by the Contractor, on every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. gencond.mstlspec master GC - 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City of Round Rock or by consulting firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. All doge or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. gencond.mst/spec master GC -37 11. Termination 11.01 - Termination by Owner for Cause Conditions for termination are as follows: 1. Without prejudice to any other legal or equitable right or remedy which it would otherwise possess hereunder or as a matter of law, City shall be entitled by giving Contractor five (5) days prior written notice to terminate this contract in its entirety at any time: a. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the subject of an involuntary petition for bankruptcy commenced by its creditors, makes a general assignment for the benefit of creditors or becomes the subject of any other proceeding commenced under any statute or law for the relief of debtors; or b. Ha receiver trustee or liquidator of any of the property or income of Contractor shall be appointed; or 1) If Contractor: a) Shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; and Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 2) If Contractor: a) Shall fail for any reason other than the failure by City to make payments called upon when due, and b) Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 3) If Contractor: a) Shall commit a substantial default under any of the terms, provisions, conditions, or covenants contained herein; or b) Shall fail to take such steps to remedy such default within ten (10) days after wtitten notice thereof from City; or c) In the event of such termination, Contractor shall only be paid its reimbursable costs incurred prior to the effective date of the termination notice and shall not be entitled to receive any further fixed fee payments hereunder and shall be further subject to any claim City gencond.mst/spec master GC -38 2. If this Contract is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, City shall be entitled to take possession of and use such equipment and materials as may be on the job site, and to exercise all rights, options, and privileges of Contractor under its subcontracts, purchase orders, or otherwise; and Contractor shall promptly assign such rights, options and privileges to City. If City elects to complete the work itself or by others, pursuant to the foregoing, the City will reimburse City for all costs incurred by City ( including, without limitation, applicable, general, and administrative expenses, and field overhead, and the cost of necessary equipment, materials, and field labor) in correcting work by Contractor which fails to meet contract requirements. may have against Contractor under other provisions of this agreement or as a matter of law, including the refund of any overpayment of reimbursable costs and/or fixed fee. Nothing contained in the preceding sections shall require City to pay for any work which is unsatisfactory as determined by the Director or which is not submitted in compliance with the teens of this Contract. City shall not be required to make any payments to Contractor when Contractor is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Contractor is in default, including the right to bring legal action for damages or to force specific performance of this Contract. 11.02 Termination for Convenience In connection with the work outlined in the Contract, it is agreed and fully understood by Contractor, that City may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause as outlined above, or for the convenience of City, upon fifteen (15) days written notice to Contractor, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Contract shall cease. Contractor shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Contract for work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. After receipt of a notice of termination and acceptance otherwise directed by City, Contractor shall, in good faith, and to the best of his ability, do all things necessary, in the light of such notice and of such request and implementation thereof as City may make to assure the efficient proper closeout of the terminated work (including the protection of City property). Among other things, the Contractor shall, except as otherwise directed or approved by City: 1. Stop the work on the date and to the extent specified in the notice of termination. 2. Place no further orders for subcontracts for services, equipment or materials, except as may be necessary for completion of such portion of the work as is not terminated. gencondrnstlspec master GC - 3. Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination, 4. Assign to City, in the manner and to the extent directed by it, al right title, and interest of Contractor under the orders or subcontracts so terminated; in which case, City shall have the right to settle or pay any or all claims arising out of such termination of such orders and/or subcontracts. 5. With the approval of City, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts. 6. Deliver to City, all documents, property, plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of the City upon termination of this Contract, in a reasonably organized form, without restriction on future use. Should City subsequently contract with a new contractor for continuation of services under this Project, Contractor shall cooperate in providing information. 7. In the event of such termination, no cost incurred after the effective date of the notice of termination shall be treated as reimbursable costs unless it relates to carrying out the unterminated portion or taking closeout measures. gencond.mst/spec master GC-40 SPECIAL CONDITIONS SECTION 5.0 SECTION 01- INFORMATION 01 -01 GENERAL 01 -02 ENGINEER specond.msf/specs The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring, or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative: therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Map Exhibits 2. Contract Documents 3. General Contract Documents and General Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Documents under the provisions stated above. The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. The City of Round Rock shall provide inspection services for this project. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. SC -1 01-04 ADDENDA Bidders wanting further information, interpretation or clarification of the Contract Documents must make their request in writing to RJN GROUP, INC. at least 48 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder fmd discrepancies in, or omissions from, the Contract Documents, or should he be in doubt as to their meaning, he should at once notify RJN GROUP, INC. in order that a written addendum maybe sent to all bidders. Any addenda issued will be mailed or delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by RJN GROUP, INC. prior to 24 hours of the opening of bids with the appropriate recognition of addenda so noted in the bid proposal. 01 -05 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -06 INDEMNIFICATION spond.msysp«s The Contractor agrees to fully indemnify and save whole and harmless, the Engineer, City and/or Owners of the units and lots abutting the units in the Contract, from all costs or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind of character and in addition from any and all costs or damages arising out of any wrongs, injuries, demands or suits for damages, either real or asserted claimed against it that may be occasioned by any act, omission, neglect or misconduct of the said Contractor, his agents, servants, and employees. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, building and construction codes of the City of Round Rock and the State of Texas, and with any regulations for the protection of workers which may be promulgated by the government, and shall protect such workers with all necessary lights barriers, safeguards, and warnings as are provided for in said specifications and in the ordinances and regulations of said City. SC -2 01 -07 LIOUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $250.00 per calendar day. 01 -08 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on drawings. 01-09 EXAMINATION OF SITE OF WORK It is the obligation of the bidder to examine carefully the site of the proposed work to ascertain for himself all the facts concerning conditions therein, including all physical characteristics above on and below the surface of the ground: to inform himself be independent research of the difficulties to be encountered and judge for himself the accessibility of the work and all other circumstances affecting the cost of doing the work; or the time requires for its completion: and the bidder agrees to this obligation in signing the proposal. No guarantee is made as to their accuracy or completeness. The Owner assumes no responsibility whatsoever with respect to ascertaining for the bidder such facts covering physical characteristics at the site of the work. The bidder agrees that, if awarded the contract, he shall make no claim for, and will have no right to, additional payment or extension of time for completion of the work; or any other concession because of any failure on his part to fully acquaint himself with all conditions relating to the work. The bidder shall rely exclusively upon his own estimate, investigation and evaluation of site conditions. 01 -10 COMP LIANCE WITH ZONING REQUIRE NTS The Contractor shall comply with present zoning requirements of the City of Round Rock in the use of vacant property, for storage purposes. SC -3 1 01 -11 USAGE OF WATER All water used during construction shall be provided by the City. The City 1 shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. Water usage by the CONTRACTOR for the purpose of sewer line cleaning shall be taken from approved fire hydrants via a 2" meter obtained by the CONTRACTOR from the OWNER. The meter shall be used only on this project. One fire hydrant wrench will be issued with each 2" meter issued. The deposit for the fire wrench is the responsibility of the CONTRACTOR. Only fire hydrant wrenches or open -ended wrenches may be used on fire hydrant operating nuts. A backwater prevention device shall be used as required by TNRCC. 01 -12 PRE - PROJECT CONFERENCE 1 After the project work order is issued, and within five (5) working days, a pre - project conference shall be held with representatives of the following agencies present: City Water Department, other interested City Departments (such as Traffic), interested utility companies (such as gas. telephone. and electric), City's Consulting ENGINEER and the successful CONTRACTOR. 01 -13 COORDINATION MEETINGS 1 For coordination purposes, weekly meetings at the job site may be required to maintain the project on the desired schedule. The Contractor's Superintendent as outlined in Paragraph 01 -14 shall be present at all meetings. 01 -14 CONTRACTORS SUPERINTENDENT The CONTRACTOR shall keep a competent Superintendent and anynecessary 1 assistants at the site throughout the progress of the work. All directions given to said Superintendent shall be as binding as if given to the CONTRACTOR. Upon request, such directions will be confirmed, in writing to the CONTRACTOR. sa.mw SC -4 1 01 -15 ASSISTANCE BY ENGINEER specond.msNspecs It is distinctly understood and agreed that such assistance as the ENGINEER may render to the CONTRACTOR in connection with the interpretation of drawings and Specifications shall not relieve the CONTRACTOR from any responsibility for the work. Any work proved faulty shall be made right by the CONTRACTOR without delay. The failure of the ENGINEER or his inspectors to call the CONTRACTOR'S attention to faulty work or work done which is not in accordance with Drawings and Specifications shall not prevent the OWNER from insisting the CONTRACTOR make all work right. The OWNER and ENGINEER work in concert to represent the intentions of the City of Round Rock. CONTRACTOR shall inform both OWNER and ENGINEER ofthe interpretations and explanations of specifications provided by OWNER or ENGINEER. CONTRACTOR shall not knowingly withhold such information for the purpose of receiving a more favorable interpretation 01 -16 COORDINATION WITH CITY OF ROUND ROCK During the work included in this project. it may be necessary to deactivate, for a period of time, existing lines. The CONTRACTOR shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 01 -17 WEEKEND, HOLIDAY, AND NIGHT WORK Requests to work on weekends, Holidays, or Night work must be submitted to the ENGINEER forty-eight (48) hours before the work is to be done. Night work; (between the hours of 7:00 p.m. and 7:00 a m) shall be authorized by the ENGINEER only when flow conditions inhibit the normal work of the CONTRACTOR during daytime hours. 01 -18 NOTIFICATION OF CITY The CONTRACTOR shall notify the OWNER by fax no later than 7:00 a.m., each work day, to inform them of the work locations for that day. If the CONTRACTOR intends to work at night (7:00 p.m. to 7:00 a.m.) or on weekends, notification shall be given at least 48 hours in advance. SC -5 Repeated failure to notify OWNER of work locations may result in stoppage of work and review by OWNER regarding contract compliance prior to resumption of work. 01 -19 SANITARY SEWER CLEANING: SECTION 1 DEFINITIONS: AVAILABLE WATER: Water necessary for the performance of work, which may be taken from the fire hydrant nearest the work site, given conditions of traffic and terrain are compatible with the use of the hydrant for performance of work. specond.msNspecs BUILDING SEWER: The conduit that connects building wastewater sources to the public or street sewer including lines serving homes, public buildings, commercial establishments, and industry structures. Referred to also as building lateral or service lateral. BYPASS: An arrangement of temporary pumps, piping and valves whereby the flow is pumped around a sewer line segment hydraulic structure or appurtenance. BYPASS PUMPING: The transportation of sewer flows around a specific sewer pipe/line section or sections via a conduit for the purpose of controlling sewer flows in the specified section or sections without flowing or discharging onto public or private property. CHANGE ORDER: A written order to the CONTRACTOR authorizing an addition, deletion or revision in the work within the general scope of work of the agreement, or authorizing an adjustment in the agreement price or agreement time. COLLECTOR SEWER: A sewer located in the public right -of -way or easement that collects the wastewater discharged through building sewers and conducts such flows into larger interceptor sewers and pumping and treatment works. Referred to also as "main sewer ". CREW: The number of persons required for the performance of work at a site as determined by the CONTRACTOR in response to task difficulty and safety considerations at the time or location of the work. SC -6 specond.mst/specs DEBRIS: Soil, rocks, sand, grease, roots, etc.; in a sewer line excluding items mechanically attached to the line such as protruding service connections, protruding pipe, joint materials and the like. EASEMENT: A liberty, privilege, or advantage without profit that the OWNER of one parcel of land may have in the land of another. In this agreement, all land other than public streets in which the OWNER has sewer system lines or installations and right of access to such lines or installations. EASEMENT ACCESS: Areas within an easement to which access is required for performance of work. EXISTING LINEAR FEET: The total length of existing sewer pipe in place within designated sewer systems as field measured from center of manhole to center of manhole. FLOW CONTROL: A method whereby normal sewer flows or a portion of normal sewer flows are blocked, retarded, or bypassed within certain areas of the sewer collection system. HYDRAULIC CLEANING: Techniques and methods used to clean sewer lines with water. e.g. water pumped in the form of a high velocity spray and water flowing by gravity or head pressure. Devices include high- velocity jet cleaners, cleaning balls, and hinged disc cleaners. INFILTRATION: The water entering a sewer system, including building sewers, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include and is distinguished from inflow. INFLOW: The water discharged into a sewer system, including building sewers from such sources as roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharge, drains from springs and swamps areas, manhole covers, cross connections from storm sewers, combined sewers, and catch basins, storm waters, surface runoff, street wastewater or drains. Inflow does not include and is distinguished from infiltration. SC -7 specond.msVspecs INSPECTOR: The OWNER'S or ENGINEERS representative responsible for inspection and acceptance, approval, or rejection of work; performed as set forth in these specifications. INTERCEPTOR SEWER: A sewer that receives the flow from collector sewers and conveys the wastewater to treatment facilities. INTERNAL PIPE INSPECTION: The television inspection of a sewer line section. A Closed- Circuit TV (CCTV) camera is moved through the line at a slow rate and a continuous picture is transmitted to an above ground monitor, and recorded on videotape. INVERT: The floor, bottom or lowest point of a conduit. INVERT ELEVATION: The elevation of the lowest portion of a liquid carrying conduit such as a sewer, that determines the hydraulic gradient available for moving the contained liquid. JOINTS: The means of connecting sectional lengths of sewer pipe into a continuous sewer line using various types of jointed materials. The number of joints depends on the lengths of the pipe sections used in the specific sewer construction work. LINE SEGMENT: The length of sewer pipe connecting two manholes, also referred to as manhole section. LINEAR FOOT: Being one foot in these specifications used to denote the unit of measurement relating to the length of a sewer line. MAJOR BLOCKAGE: A blockage (structural defect, collapse, protruding service connection, debris) that prohibits manhole cleaning or TV inspection. NORMAL CLEANING: Sewer cleaning by hydraulic or mechanical means performed by making three (3) slow passes with the cleaning equipment. SC -8 spxund.mstlspecs OVERFLOW: (1) The excess water that flows over the ordinary limits of a sewer manhole or containment structure. (2) An illegal outlet pipe or receptacle for the excess water. OWNER: The City of Round Rock. PASS: The movement of operating cleaning equipment from the upstream end of the line segment to the downstream end at a velocity not exceeding 60 feet per minute. PRE - CLEANING TELEVISION INSPECTION (PRE -TV): Television of segments prior to the cleaning of the line segment to determine if shallow services prone to backups are connected to the segment. SANITARY SEWER: A pipe intended to carry only sanitary or sanitary and industrial wastewater from residences, commercial buildings, industrial parks and institutions. SEWER CLEANING: The utilization of mechanical or hydraulic equipment to dislodge, transport and remove debris from sewer lines and manholes. SEWER PIPE: A length of conduit manufactured from various materials and in various Lengths, that when joined together can be used to transport wastewater from the points of origin to a treatment facility. SHALLOW LINE: A pipe segment 4 feet of less in depth as measured from the pipe invert to the surrounding ground surface. CONTRACTOR shall verify pipe depth prior to starting any cleaning on that pipe segment. SHALLOW LINE STEP - CLEANING: The process in which the cleaning equipment is advanced up the line segment approximately 50 feet and brought back to the downstream manhole. This is repeated until the water being brought back is clear. The cleaning equipment is then advanced to approximately 100 feet and brought back to the manhole. This process is continued in 50 foot increments for the entire length of the line segment. Shallow Line Step - Cleaning will be used on lines that were found by Pre - Cleaning TV to have laterals that are susceptible to backups and are approved for Shallow Line Step Cleaning by ENGINEER. SC -9 specond,msUspecs SITE: Any location where work has been or will be done. SITE ACCESS: An adequately clear area of a size sufficient to accommodate personnel and equipment required at the location where work is to be performed, including roadway or surface sufficiently unobstructed to permit conveyance of vehicles from the nearest paved roadway to the work location. STREET ACCESS: Areas normal used for public vehicular traffic (including roads, streets, or rights -of -way) to which safe access is required for performance of work. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the CONTRACTOR or with a lower -tier subcontractor for performance of part of part of the work. SURCHARGE: When the sewer flow exceeds the hydraulic carrying capacity of the sewer line. SURCHARGE CONDITION: When the sewer flow depth equals or exceeds the diameter of the discharging sewer line. SWALE (DIP, SAG): A significant deviation in pipe grade such as to cause entrapment of solids. Semi - solids and liquids thereby impeding the accuracy and/or effectiveness of flow measurements, cleaning and internal inspection. 01 -20 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Not included in this Contract. SC -10 02 -02 UTILITY SERVICES FOR CONSTRUCTION specond.mstspecs The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither fmal acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages or anticipated SC -11 profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -06 CONSTRUCTION REVIEW specond.msVspecs The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be considered subsidiary to the total project cost . Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND Not included in this Contract. 02 -09 "AS- BUILT" DRAWINGS Not included in this Contract. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. SC -12 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Not included in this Contract. 02 -12 CONSTRUCTION STAKING Not included in this Contract. SECTION 03- TRAFFIC CONTROL SECTION 04- WARRANTY BOND specoml.mstlspecs Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to the affected bid item and no additional compensation shall be given for complying with this Special Condition. Not included in this Contract. SECTION 05- INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during project and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: SC -13 specond.msdspecs a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. SC -14 specond.mst/specs If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City ofRound Rock, 221 East Main Street, Round Rock, Texas 78664 and Engineer (RJN Group, Inc.) as additional insureds (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. SC -15 specond.msUspecs If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies ofpolicies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -16 SECTION 06- WAGE RATES General Decision Number TX000043 Superseded General Decision No. TX990043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 02/11/2000 County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 03/26/1998 Rates AIR TOOL OPERATOR 8.08 ASPHALT HEATER OPERATOR 11.00 ASPHALT RAKER 8.00 ASPHALT SHOVELER 7.97 BATCHING PLANT WEIGHER 11.00 CARPENTER 10.80 CONCRETE FINISHER - PAVING 9.57 CONCRETE FINISHER - STRUCTURES 8.83 CONCRETE RUBBER 8.52 specond.msNspecs SC -17 Fringes ELECTRICIAN 16.25 Rates FLAGGER 6.86 FORM BUILDER - STRUCTURES 8.77 FORM LINER - PAVING & CURB 8.00 FORM SETTER - PAVING & CURB 8.68 FORM SETTER - STRUCTURES 8.73 LABORER - COMMON 7.12 LABORER - UTILITY 7.99 MECHANIC 12.15 OILER 11.40 SERVICER 8.44 PAINTER - STRUCTURES 10.00 PIPE LAYER 8.27 ASPHALT DISTRIBUTOR OPERATOR 9.70 ASPHALT PAVING MACHINE 9.26 BROOM OR SWEEPER OPERATOR 7.12 BULLDOZER 9.28 CONCRETE CURING MACHINE 7.79 CONCRETE FINISHING MACHINE 11.00 CONCRETE PAVING SAW SLIPFORM MACHINE OPERATOR 11.15 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 10.12 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 15.00 FRONT END LOADER 8.86 HOIST - DOUBLE DRUM & LESS 10.81 MIXER 7.12 MIXER - CONCRETE PAVING 11.00 MOTOR GRADER FINE GRADE 12.37 MOTOR GRADER 11.14 PAVEMENT MARKING MACHINE 8.31 PLANER OPERATOR 15.75 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.73 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.33 ROLLER, PNEUMATIC, SELF PROPELLED 7.17 SCRAPERS 8.38 TRACTOR - CRAWLER TYPE 9.40 specond.mst/specs SC -18 9.79 Fringes TRAVELING MIXER TRENCHING MACHINE, HEAVY WAGON-DRILL/BORING MACHINE 7.92 9.92 8.00 Rates REINFORCING STEEL SETTER PAVING 14.50 REINFORCING STEEL SETTER STRUCTURES 10.61 STEEL WORKER - STRUCTURAL 11.73 SPREADER BOX OPERATOR 8.55 WORK ZONE BARRICADE 8.29 SIGN INSTALLER 7.97 TRUCK DRIVER - SINGLE AXLE LIGHT 8.32 TRUCK DRIVER - SINGLE AXLE HEAVY 7.954 TRUCK DRIVER - TANDEM AXLE SEMI TRAILER 8.02 TRUCK DRIVER - LOWBOY/FLOAT 10.12 WELDER 11.02 Fringes Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 15.5(a) 1 (ii)) On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: specond.mst/ pecs • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling SC -19 Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: 4.) All decisions by the Administrative Review Board are final. specond.msUspecs Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 END OF GENERAL DECISION SC -20 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 $0.00 $10.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 $0.00 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 50.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 $0.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFEFJCAULKER $10.64 $0.00 $0.00 $0.00 $10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME: WILLIAMSON specond,mstlspecs PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES SC - 21 Date Printed: April 15,1997 *$0.00 in the rate field indicated insufficient data was rece'ved to determine a prevailing wage rate for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. (Property of General Services Commission, Based on 1996 Survey results) SPECIFICATIONS SECTION 6.0 DIVISION 1 - GENERAL REQUIREMENTS SECTION D 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section Subject TABLE OF CONTENTS FOR SECTION 6.0 SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS D1 -1 SUMMARY OF WORK D1 -2 SUBMITTALS D1 -3 CONTROL OF. CONSTRUCTION SITE A. General D1 -1 SUMMARY OF WORK 1. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order of precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Map Exhibits 2. Contract Documents 3. General Contract Documents and General Specifications The following special conditions shall be applicable to this project and shall be given over any conflicts with the Contract Documents under the provisions stated above. 2. Work Covered By Contract The work to be performed is generally described in the Notice to Bidders and indicated in the Contract Documents. 3. Contractor's Duties a. Except as specifically noted, provide and pay for: 1) Labor, materials, and equipment. 2) Tools, construction equipment, and machinery. 3) Samples, shipping costs, and tests. 4) Necessary utilities, such as water supply, electrical power, telephones, roads, fences, and sanitary facilities, including maintenance thereof. D1 -1(1) City of Round Rock Sewer System Improvements 5) Other facilities and services necessary for proper execution and completion of work. b. Perform all the work described in these General Requirements except where specifically indicated to be done by others. c. Pay legally required patent fees, sales, consumer, and use taxes. d. Secure and pay for legally required permits, Licenses, and government fees. e. Give required notices. f. Employ workmen and foremen with sufficient knowledge, skill, and experience to perform the work assigned to them. Comply with codes, laws, ordinances, rules, regulations, orders, and other legal requirements of public authorities bearing on the conduct of the work. h. Submit written notice to Owner's Representative of observed variance of Contract Documents from legal requirements. Any necessary changes will be adjusted as provided in the Contract for changes in the work. g. Enforce discipline and good order among Contractor and subcontractor employees. Any person employed by Contractor or subcontractors who does not perform his work in a skillful manner, is incompetent, or acts in a disorderly or intemperate manner shall, at the written request of Owner, be removed from the project immediately and shall not be employed in any portion of the work without the approval of Owner. J. Provide at all times facilities for access and inspection of the work by representatives of Owner and by official governmental agencies designated by Owner as having the right to inspect the work. k. Cooperate with other contractors who may be performing work of Owner, and with Owner's employees working in the vicinity of the work done under the Contract. 1. Submit shop drawings on all materials and equipment to be installed on the project. 4. Contractor's Use of Premises a. Confine operations at site to areas permitted by law, ordinances, permits, and the Contract Documents. b. Do not load or permit any part of a structure to be subjected to any force that will endanger its safety. City of Round Rock D1 -1(2) Sewer System Improvements c. Comply with and enforce Owner's instructions regarding signs, advertisements, fires, and smoke. d. Assume responsibility for protection and safekeeping of products stored on premises. e. Do not discharge smoke, dust, or other contaminants into the atmosphere, or fluids or materials into any waterway as will violate regulations of any legally constituted authority. f. Move stored products which interfere with the operations of Owner or other Contractors. g. Obtain and pay for additional storage or work areas needed for operations. h. No alcohol shall be consumed on the site. i. Existing Manhole Steps The steps of the existing manholes can not be guaranteed for safety, therefore, Contractor shall provide all necessary equipment to assure safe access and a safe working environment inside the manhole. 5. Existing Facilities a. The existing facilities will be in continuous operation during the construction period. b. Plan and conduct construction operations to avoid disturbing existing structures, piping, equipment, and services in any manner which will interrupt or impair operations, except as approved by Owner's Representative. c. Submit for approval a construction sequence, and written explanations of the temporary facilities and appurtenances intended to be used in maintaining the uninterrupted operation of the existing sanitary sewer system and any other affected utilities. 6. Sequence of Construction a. The Contractor shall contact property owners 48 hours in advance describing the work to be performed on private property prior to any construction or rehabilitation work on that property. b. Sanitary sewer line point repairs and sanitary relief sewers or replacement sewers shall b scheduled together for construction when in the same immediate vicinity. Dl -1(3) City of Round Rock Sewer System Improvements c. Excavation work shall be performed in an orderly manner so that all excavation work is completed in an area before moving to another area unless authorization is given by the Engineer or Owner. d. Prior to fmal surface restoration, the Contractor shall insure that all testing has been completed and reviewed by the Engineer. e. The Contractor shall submit to the Engineer each night the next days proposed activities. f. The Contractor shall submit a weekly schedule on each Thursday for the next week's construction activities. g. A revised monthly progress schedule shall be submitted with each payment request. h. The Contractor shall maintain flow in the existing sanitary sewer lines until all connections have been made to the proposed system. All connections to existing manholes shall be considered a non -pay item. i. The City shall not reimburse the Contractor for any water used to perform the work as required in the contract. j. The Contractor shall provide all sanitary sewer by -passes as required to perform the work as specified in the plan and specifications as a non -pay item. k. The Contractor shall preserve all trees, shrubs, sprinkler systems, fences, and other property owner improvements located within the limits of the construction. The removal and/or replacement of the said property owner improvements by the Contractor shall be considered as a non -pay item unless noted otherwise. 1. All local residents who will be denied access to their driveways shall be notified by the Contractor two (2) working days prior to the closure of their access. m. All driveways which are open cut shall have at least a temporary riding surface at the end of each day and will be considered a non -pay item. n. Project signs shall be required in accordance with the Supplementary Conditions, and shall be considered a non -pay item. o. All cast iron frames and lids from manhole structures which are required to be removed shall be disposed by the Contractor at no additional cost to the Contract. City of Round Rock DI -1(4) Sewer System Improvements 10. Abbreviations The following abbreviations as used in the Contract Documents have the listed meanings: A ampere AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ANSI American National Standards Institute AREA American Railroad Engineers Association ASTM American Society for Testing and Materials AWWA American Water Works Association Bil basic impulse insulation level BOD biochemical oxygen demand btu British Thermal Unit C degrees Celsius cc cubic centimeter cf . cubic foot cfm cubic feet per minute Co Company cone concrete Corp Corporation CRSI Concrete Reinforcing Steel Institute cu . cubic cy cubic yard F degrees Fahrenheit FIA Factory Insurance Association FM Factory Mutual fpm feet per minute fps feet per second ft feet FS Federal Specifications g gram ga gauge gal gallon gpd gallons per day gpm gallons per minute H -O -A Hand - off - automatic h hour HP horsepower hz hertz D1-1(5) City of Round Rock Sewer System Improvements IEEE Institute of Electrical and Electronic Engineers Inc Incorporated L Liter lb pound lbs pounds max maximum min minimum mg/L milligrams per liter mgd million gallons per day mm millimeter MS Military Specifications NBBPVI . National Board of Boiler and Pressure Vessel Inspectors NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association no number OSHA Occupational Safety and Health Administration ppm parts per million psf pounds per square foot psi pounds per square inch gauge pvc polyvinyl chloride SDHPT Texas State Department of Highways and Public Transportation sf square feet sq square SSPC Steel Structural Painting Counsel sy square yard UL . Underwriters Laboratory U.S United States V volt END OF SECTION D1 -1 City of Round Rock D1 -1(6) Sewer System Improvements A. Progress Schedule D1 -2 SUBMITTALS 1. Prepare a detailed progress schedule in graphic form showing proposed dates of starting and completing each major division of the work, monthly completion percentages, and anticipated monthly payment requests. 2. The schedule shall be consistent with the time and order of work requirements of the Specifications, and shall be the basis of Contractor's operations. 3. A condensed critical path method schedule is preferred but another practicable form of presentation will be acceptable. 4. Submit three copies to Engineer within 10 days after the effective date of Award. 5. At the end of every pay request period, submit a revised schedule showing the current status of the work as compared to the projected status. The current application for a progress payment will not be processed until the revised schedule is delivered to Engineer. B. General 1. Shop Drawings, Project Data, and Samples a. General Submit to Owner's Representative shop drawings, project data, and samples required by the Specifications. b. Shop Drawings 1) Shop drawings are original drawings prepared by the Contractor, subcontractors, suppliers, or distributors which illustrate some portion of the work and show fabrication, layout, setting, or erection details of equipment, materials, and components. 2) Unless otherwise instructed, submit to Owner's Representative for review and approval three prints of each plan or two prints and one reproducible sepia or reproducible on vellum. Owner Representative will return with review comments one print or one reproducible. D1-2(1) City of Round Rock Sewer System Improvements 3) Shop drawings shall be 8 -1/2 by 11 inches, 8 -1/2 by 14 inches or standard size plans, or as directed by Owner Representative, and shall be clearly identified as to location of the equipment, material, and apparatus in the work. 4) Fold drawings to an approximate size of 8 -1/2 by 11 inches in such a manner that the title block will be located in the lower right hand comer of the exposed surface. Roll, do not fold, reproducible copies of drawings. 5) Furnish Owner Representative, as requested, without extra charge, the number of complete sets of prints of shop drawings as Owner Representative shall request for office files and for use in the field. c. Project Data 1) Project data are manufacturers' standard schematic drawings, catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, parts lists and other standard descriptive data. 2) Modify drawings to delete information not applicable and to add information applicable to the project. 3) Mark copies of printed material to identify pertinent materials, products, or models. 4) Show dimensions and clearances required, performance characteristics and capacities, and wiring diagrams and controls. 5) Submittal procedures shall be the same as for shop drawings. d. Samples 1) Samples are examples to illustrate materials, equipment, or workmanship, and to establish standards by which completed work is judged. 2) Samples submitted shall be of sufficient size and quantity to illustrate functional characteristics of product or material and full range of colors available. 3) Field samples and mock -ups when required by the specifications shall be erected at the project site where directed. City of Round Rock D1 - 2(2) Sewer System Improvements e. Contractor Responsibilities 1) Review and approve shop drawings, project data, and samples before submitting them. 2) Verify field measurements, field construction criteria, catalog numbers, and similar data. 3) Coordinate each submittal with the requirements of the Contract Documents. 4) Submit shop drawings for major equipment items in one package to permit checking complete installation details. 5) In a clear space above the title block, or on the back, hand stamp the following, and enter the required information: Name of Owner - City of Round Rock Project Name - City of Round Rock Sewer Cleaning and Internal Television Inspection Basins 0C3 1-Z and CC36 -Z Date Identification Contract Drawing No. Specification Section This document has been checked for accuracy of content and for compliance with the Contract Documents and is hereby approved. The information contained herein has been coordinated with all involved Contractors. Contractor Signed 6) Contractor's responsibility for errors, omissions, and deviations from requirements of the Contract Documents in submittals is not relieved by Owner's Representative's review. 7) Notify Owner's Representative, in writing at time of submittal, of deviations in submittals from requirements of the Contract Documents. D1 -2(3) City of Round Rock Sewer System Improvements 8) Do not install materials or equipment which require submittals until the submittals are returned with Owner's Representative's stamp and initials or signature indicating review. 9) Revise returned shop drawings as required and resubmit until final approval is obtained. Indicate on the drawings any changes which have been made other than those requested by Owner's Representative. 10) Submit new project data and samples when the initial submittal is returned disapproved. 11) No claim will be allowed for damages or extension of time because of delays in the work resulting from rejection of material or from revision and resubmittal of shop drawings, project data, or samples. f. Owners Representative's Duties 1) Owner's Representative will review submittals for compliance with the Contract Documents and with the design concept of the project. 2) Review of a separate item does not constitute acceptance of an assembly in which the item functions. 3) Owner's Representative will affix a stamp to the returned copy of each submittal. The stamp will be marked to indicate "Furnish as Submitted ", "Furnish as Corrected ", "Rejected ", or "No Review Required ". The stamp will be initialed or signed certifying the submittal review. 2. Video Tape Recordings of Surface Conditions a. Video tape recordings of surface conditions shall be provided for all relief sewers, replacement sewers, and sewer point repairs. b. The following location information shall be provided on color audio -video tape recording. 1) Audio: Each recording shall begin with a verbal description of the current date, project name and municipality and be followed by the general location, i.e., name of the street, viewing side and direction of progress. 2) Video: City of Round Rock D1 -2(4) Sewer System Improvements Transparent information must appear on the viewing screen. This information will consist of the date and time of recording. The data information will contain the month, day and year. 3) Digital: To preclude the possibility of tampering or editing in any manner, all video recordings must, by electronic means, display continuously and simultaneously generated transparent digital information to include the date and time of recording. The date information will contain the month, day and year. c. The taped coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio description. Audio description shall be made simultaneously with video coverage. Such coverage shall include, but not be limited to, all existing driveways, sidewalks, fences, curbs, ditches, roadways, landscaping, trees, culverts, headwalls, retaining walls, or buildings located within such zone of influence. Particular and detailed attention shall be given to any defects noted, such as cracks, disturbed areas, damaged items, or as may be required by the Engineer. It is the intent of this coverage to accurately and clearly document pre - existing conditions and especially any items that could result in construction claims. The excavation areas shall be physically marked with high visibility fluorescent paint prior to video taping. The markings shall include the job number and stationing. d. The zone of influence shall be defined as an area within 30 feet of the proposed work, and an additional 20 feet of supplemental coverage shall be provided in residential areas. e. The Contractor shall be able to televise and tape areas with paved roads, along co -owned easements through parks, lawns, and open fields. If video taping on private property, the Contractor shall give the Owner sufficient prior notice of such entry so that property owners may be advised of and their permission obtained for the work. f. To produce the proper detail and perspective, adequate lighting will be required to fill in the shadow area caused by trees, utility poles, road signs and other such objects in residential areas or as directed by the Engineer. g. Houses and buildings shall be identified visually by house number, when visible, in such a manner that structures of the proposed system, i.e., manholes on a sewer system and hydrants on a water system, can be located by reference. h. The rate of speed in the general direction of travel of the conveyance used during taping shall not exceed 48 feet per minute in residential areas, nor exceed 100 feet per minute in non - residential areas. Panning rates and zoom -in, zoom -out rates shall be controlled sufficiently such that during playback will produce clarity of the object viewed. The playback picture shall be in focus and be of extreme clarity at all times. D1 -2(5) City of Round Rock Sewer System Improvements All taping shall be done during times of good visibility. No taping shall be done during periods of visible precipitation, or when more than 10% of the ground area is covered with snow, unless otherwise authorized by the Engineer. j. The Owner shall have the authority to designate what areas may be omitted or added for audio -video coverage. k. All tapes (cassettes and cases) shall be properly identified by tape number, location and project name and municipality in a manner acceptable to the Owner. 1. A record of the contents of each tape shall be supplied by a run sheet identifying each segment in the tape by location, i.e., roll number, street or road viewing, tape counter number, viewing side, point starting from, traveling direction and ending destination point. m. Conventional wheeled vehicles can not be used. n. Audio -video VHS tape, 3M T60 broadcast type or equivalent tapes shall be one -half inch (1/2 ") color video -cassette player /recorder. An effort should be made to utilize the same recorder that would be required for review of the sewer line televising. o. Video output from camera(s) used must be capable of producing NTSC -525 lines /60 fields. Resolution shall have a minimum 260 TV lines at center, for optimum color imagery and minimum lag through ten (10) foot candles, with Geometric Distortion not to exceed 1.5% of Picture Height at any point in picture area. p. The equipment shall be capable of a minimum of 240 lines horizontal resolution. Camera shall have character /time generators. VCR shall be General Electric Model 9-7215 or equivalent, with a Mitsubishi Model CS -1903 recorder /tuner, with adapter, connector plugs, and still frame capability. q. Any portion of the video tape recording not conforming to specifications shall be rejected. r. Any taped coverage not acceptable to the Owner shall be refilmed at no additional charge. The Contractor shall reschedule unacceptable coverage five (5) days after being notified. s. All taping shall be performed by Contractor and reviewed prior to construction. City of Round Rock D1 -2(6) Sewer System Improvements t. One original and two copies are to be provided. Original to Owner, one copy to Engineer, and one copy to Contractor. 3. Final Inspections a. Notify Owner in writing when project, or designated portion of project, is substantially complete. b. Owner's Representative will make an inspection of the substantially completed work, and prepare and submit to Contractor a list of items to be completed or corrected. c. Take immediate steps to remedy the listed deficiencies, and notify Owner in writing that the project is complete and ready for final inspection. d. Owner's Representative will make a final inspection and, if he considers the work is complete, he will notify Owner that the work is ready for final acceptance. 4. Closeout Submittals a. Special guarantees and bonds. b. Certificates of inspection required by laws and ordinances for mechanical and electrical work, and any other legally required inspections. c. Contractor's Waiver of Liens. d. Separate Waivers of Lien for subcontractors, suppliers, and others with lien rights against property of Owner. e. Final payment estimate. 5. Work Schedule a. Prepare a detailed weekly work schedule and submit the schedule to the Owner's Representative on the Thursday before the schedule is to take effect. b. Contractor shall update the weekly work schedule on a daily basis so to advise the Owner's Representative where and on what the Contractor will be working. c. Work schedule shall include, but not be limited to, a listing of job numbers and manholes that will be worked on a daily basis and a brief description of the type of work to take place. D1 -2(7) City of Round Rock Sewer System Improvements C. Measurement and Payment No Contract Prices are established for Submittals. END OF SECTION D1 -2 City of Round Rock D 1 -2(8) Sewer System Improvements A. General 1. Removal of Debris 2. Traffic Control D1 -3 CONTROL OF CONSTRUCTION SITE Keep the work sites free from accumulating waste materials and rubbish caused by his work or employees. All materials and equipment required on the site shall be kept in such a manner so as to cause a minimum of inconvenience and nuisance to other Contractors and the general public. The site shall be kept broom clean. a. Contractor shall, at all times, conduct the work in such a manner as to insure least obstruction to vehicular and pedestrian traffic while paying particular attention to avoid inconvenience in hospital and school zones. Notify Owner's Representative at least three work days in advance of starting any construction work which might inconvenience or endanger traffic. A minimum of one lane shall be open to traffic at all times. b. Submit a traffic control plan to Owner, Owner's Representative, and appropriate highway official three days prior to closing any road. Contractor shall inform police, fire, public works, and bus service companies on the day of closure. c. When any section or portion of road is closed to traffic, provide, erect, and maintain barricades, red flags, detour signs, and torches or lights at each end of the closed section, at all intersecting roads, and at all locations shown on the plans, in accordance with any City of Round Rock Standard Specification. d. Contractor shall provide a sequencing arrow panel when performing construction on heavily traveled roads and streets. The sign panel shall consist of a minimum of 22 amber lamps. The lamps shall be divided into two groups of three arrowheads each with arrowheads of each group aligned or behind the other laterally and the arrowheads of separate groups being opposed. e. Replace any traffic sign or post which has been damaged or removed because of the contractor's operations. f. Contractor shall provide access to private property. Driveways, sidewalks, and alleys shall not be blocked for periods greater than two hours. D1 -3(1) City of Round Rock Sewer System Improvements 3. Fencing shall be placed around open excavation or trenches at the end of a day in a manner acceptable to the Owner's Representative and the Owner. Fencing and placement of same shall meet the approval of the Owner's Representative. 4. Equipment Operation a. Where the Contractor's equipment is operated on any portion of a traveled surface or structures used by traffic on or adjacent to the section under construction, the Contractor shall clean the traveled surface of all dirt and debris at the end of each days operations. The cost of this work shall be included in the unit price bid and no additional compensation will be allowed. b. Protect traveled surfaces and structures on or adjacent to the work, in a manner satisfactory to the Owner's Representative, from damage by lugs or cleats or equipment. Walking of tracked- rolled equipment directly on paved streets, driveways, curbs, or sidewalks shall not be allowed. c. Equipment used in the performance of the work shall comply with legal loading limits established by the statutes of State or local regulations when moved over or operated on any traveled surface or structure unless permission in writing has been issued by the Owner's Representative. Before using any equipment which may exceed the legal loading, the Contractor shall secure a permit, allowing ample time for an analysis of stresses to determine whether or not the proposed loading is within safe limits The Owner will not be responsible for any delay in construction operations or for any costs incurred by the Contractor as a result of compliance with the above requirements. 5. Utilities a. The Contractor shall notify public and private utility companies which may have overhead or underground facilities in the area at least 48 hours before construction begins. The Contractor shall make necessary arrangements for having these companies to locate, protect, brace or move their facilities as may be necessary for construction of the improvements. Costs incurred due to the moving, bracing, or protection of utilities or in satisfying the requirements of the utility companies shall be incidental to the cost of the proposed improvement. b. The Contractor shall proceed with caution with excavation operations so that the exact location of underground utilities and structures, both known and unknown, may be determined. The Contractor shall take all reasonable precautions against damage to the utility or structure. However, in the event of a break in an existing utility, he shall immediately notify a responsible official from the organization operating the utility. The Contractor shall lend all possible assistance in restoring service, and shall assume all costs connected with the repair of any damaged utility. City of Round Rock D1 -3(2) Sewer System Improvements c. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them either by the utility companies or by him; or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated positions. 6. Accident Reporting a. Notification Accidents occurring on the job which damage public or private property, or result in injury to workers or other persons, shall be promptly reported to the Police Department. b. Utilities B. Measurement and Payment Accidents involving utilities shall also be reported to them. This applies to all accidents, including, but not limited to, traffic accidents, broken pipe lines, power and telephone facilities and damage to adjacent properties. No Contract Prices are established for Control of Construction Site. END OF SECTION D1 -3 D1 -3(3) City of Round Rock Sewer System Improvements DIVISION 2 - SITE WORK SECTION D2 Section Subject D2 -1 CLEANING OF SANITARY SEWERS D2 -2 TELEVISION INSPECTION OF SANITARY SEWERS D2 -3 SITE PREPARATION* D2-4 RESTORATION * Not included in this Contract TABLE OF CONTENTS FOR PART D- SPECIAL CONDITIONS DIVISION 2 SITE WORK A. General D2 -1 CLEANING OF SANITARY SEWERS 1. This section includes provision for cleaning of sewer lines. 2. It is not required that television inspection be provided by the Contractor during the cleaning operation. However, he may do so at his own expense. 3. Contractor's operations are limited to daylight hours on Monday through Friday except holidays unless previously approved by the City. 4. Contractor shall provide traffic control personnel during operations to maintain safety of all personnel and public traffic maintenance. 5. Sewer lines designated for cleaning are shown on the location maps included in Section E. Additional sewer segments may be added at the direction of the Engineer. B. Materials 1. General The Contractor shall allow Owner's Representative to become familiar with Contractor's equipment before commencement of work. 2. High- Velocity Jet (Hydrocleaning) Equipment All high- velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The CONTRACTOR shall have a selection of two or more high- velocity nozzles. The nozzles shall be capable of producing a scouring action from 10 to 45 degrees in all size lines designated to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. For normal cleaning of sewers from 6 inches to 15 inches in diameter, pumps shall be capable of maintaining a minimum operating pressure of 1,500 p.s.i. For sewers 18 inches in diameter or greater a minimum operating pressure of 2,300 p.s.i. is required. Equipment shall also include a high - velocity gun for washing and scouring manhole walls and floor. The gun shall be capable of producing flow from a fine spray to a solid stream. D2 -1(1) City of Round Rock Sewer System Improvements C. Execution 1. General a. The CONTRACTOR shall obtain approvals or consent from utilities or carriers such as the telephone companies or other persons or organizations upon whose proper or authority performance of work under the contract might impinge. The CONTRACTOR shall request written release from responsibility for the performance of work under the contract if and to the extent such work is precluded by the inability to obtain such approvals or consent. The CONTRACTOR shall also obtain any municipal or governmental licenses or permits required to perform this type of work prior to notice to proceed. b. The CONTRACTOR shall review all available information pertinent to the site of the project including reports prepared under previous accomplished studies or surveys and any other data relating to the design of the project, including maps drawings, construction specifications, sewer system records, etc., as provided by OWNER. c. The CONTRACTOR shall notify third parties (such as public utilities and the telephone company) of the Contractor's intent to perform work in an area where such parties may have rights to underground property or facilities and request for maps or other descriptive information as to the nature and location of such underground facilities or property and assurance of the Contractor's ability to enter upon any public or private lands to which access is required for performance of the work under the contract. d. The CONTRACTOR shall obtain a secure storage area of a size adequate to accommodate the required equipment, vehicles, and materials for the period of performance of the agreement. e. The CONTRACTOR shall arrange traffic control when the safety of work or the public requires such protection or as may be otherwise specified. Traffic control shall be subsidiary to cleaning operation costs. f. The CONTRACTOR shall provide daily notification of work locations to the OWNER and the ENGINEER. CONTRACTOR shall also notify the OWNER and ENGINEER in the event that a point repair is to be made or if lodged equipment causes an overflow. g. The CONTRACTOR shall obtain written permission for access to private property where easements are inadequate. 2. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning tools (that depend City of Round Rock D2 -1 (2) Sewer System Improvements upon water pressure to provide their cleaning force) or tools that retard the flow in the sewer line are used, precautions shall be taken by the CONTRACTOR to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the OWNER. The CONTRACTOR shall be responsible for any damage caused by his actions during this project. 3. Cleaning Operations a. Existing flows shall not be interrupted for periods longer than one hour or for that period which would cause backups into buildings served by the sewer, whichever is shorter. Sewage diverted during cleaning operations shall be returned to the sanitary sewer system and not discharged into streams or storm drainage systems. b. Unless other methods are approved by the City, light hydraulic cleaning shall be performed for all designated sewer segments. Three attempts shall be made, if necessary, by the Contractor unless directed otherwise by the Engineer. c. Prior to performing cleaning operations, check both upstream and downstream manholes for flow monitors or other mechanical devices. If such devices are found, notify Engineer prior to cleaning. d. Remove all sludge, dirt, sand, grease, rocks, gravel, and other material from the pipe during hydraulic cleaning operations and collect and remove resulting debris from the downstream manhole of the sewer segment being cleaned. Passing material from sewer segment to sewer segment will not be permitted. An approved dam or weir shall be constructed in the downstream manhole in such a manner that debris and solids will be trapped and retained. d. Should a sewer segment contain sufficient debris that cannot be removed by hydraulic cleaning equipment, the Engineer shall be notified. f. Should the cleaning equipment become lodged in the sewer line, the Owner shall be promptly notified. D2 -1(3) City of Round Rock Sewer System Improvements g. The CONTRACTOR shall provide an observer at the upstream manhole during the first pass to ensure that the entire line segment is cleaned on subsequent passes. h. The CONTRACTOR shall clean the upstream manhole prior to cleaning the line segment. i. Except as otherwise required in Section D1 -1, the Contractor shall perform all cleaning operations beginning at the most upstream sewer segment in each basin; cleaning operations shall proceed downstream until all required sewer segments are cleaned in a basin. j. Any manhole and/or frame and cover which is dismantled or damaged during the cleaning process shall be repaired at no additional cost to the Owner and shall be incidental to cleaning. k. Access to the Work Some of the sanitary sewer line segments scheduled for cleaning in the project are located on private property. Access to these manholes is generally provided by existing easements and/or right -of -ways: however, the legal access may be covered with private improvements such as fences, landscaping, outbuildings, etc. In such cases the CONTRACTOR shall work with the landowner to find alternative methods of access and obtain a signed agreement which outlines the method. Provisions of all agreements for replacement of removed or damages private property relative to the alternate access method shall be the responsibility of the CONTRACTOR. In the event an agreement cannot be reached, the OWNER shall be notified to serve as arbitrator. In the event an agreement still cannot be reached, the CONTRACTOR shall proceed with the work using the legal access provided. Private improvements located on the legal access shall be removed as required by the CONTRACTOR at his expense. In such cases the CONTRACTOR shall minimize the damage to private property and shall make every effort to work with the landowner. CONTRACTOR shall also be responsible for the replacement of the private improvements on the legal access in as good or better condition as was found. Replacement shall be in kind or better. Copies of all signed agreements and proposed but unsigned agreements shall be provided to the ENGINEER. 1. Placing Work in Service Since all work is involved with existing facilities, service associated with the structure being addressed shall be maintained at all times. City of Round Rock D2 -1(4) Sewer System Improvements m. Exhibits The sanitary sewer line segments to be cleaned under this contract and the Proposal specifically are shown in Exhibit A -1 through A -6 of these specifications. This exhibit comprises the work included in the Sanitary Sewer 0C31 -A and CC36 -Z Drainage Basins. Contractor shall refer to Section E for a listing of lines to be cleaned, however actual segment numbers, lengths, and diameters shall be field verified. n. Manhole Exposure When it is necessary to expose manholes in unpaved areas or under asphalt the CONTRACTOR shall expose the manholes in order to have access for line or manhole cleaning. The CONTRACTOR shall notify the OWNER and ENGINEER of any manholes thus exposed. Manhole exposure less than one (1) inch deep in asphalt or less than twelve (12) inches deep in unpaved areas shall be incidental to the project. Exposure of manholes buried more than twelve (12) inches deep under unpaved areas or more than one (1) inch in paved areas shall be referred to OWNER for action. 4. Shallow Line Step Cleaning Shallow Line Step Cleaning shall be used as directed by the Engineer where Pre- Cleaning TV has determined the line segment is susceptible to backups. Prior to conducting any normal cleaning, Contractor will verify pipe depth of each segment before beginning work on that segment. If any of the lines are 4 feet in depth or less, Contractor shall notify Engineer to obtain approval of Pre - Cleaning TV Inspection to determine if Shallow Line Step Cleaning is required. Shallow Line Step Cleaning in designated lines will be used in lieu of Normal Cleaning. The purpose of Shallow Line Step Cleaning is to minimize the possibility of disturbing service connections caused by blow -back effect of the hydraulic equipment. Additional caution will be used in segments identified as requiring Step Cleaning. Lines selected for Shallow Line Step - Cleaning shall be selected by the ENGINEER. Shallow Line Step Cleaning shall use a pressure not to exceed 500 to 900 psi, a nozzle angle not to exceed 10 degrees, and vented manhole lids furnished by Water Department Field Operations shall be placed on manholes immediately upstream and downstream of the segment to be cleaned. Contractor shall replace the temporary vented manhole lids with the original manhole lids after all cleaning work on the segment is complete. D2 -1(5) City of Round Rock Sewer System Improvements 5. Disposal of Debris a. Under no circumstances shall sewage or solids be dumped onto the ground surface, street or into ditches, catch basins or storm drains. b. All solids or semisolids resulting from the operations shall be removed from the site by the Contractor. All material shall be removed from the site no less often than at the end of each workday. Trucks hauling solids or semisolids from the site shall be watertight so that no leakage or spillage will occur. c. All solids or semi - solids from the cleaning operations shall be disposed of at no additional cost to the City. The Contractor shall submit a list of legal disposal site(s) for dumping. All waste shall be disposed at a legally permitted site by a transporter. The Owner's and regulator's copies of the completed permits shall be sent to the Engineer within 24 hours after disposal of the waste material. d. The Contractor shall maintain permits for hauling waste in accordance with applicable State and Local regulations. e. The CONTRACTOR shall dispose of all materials removed from the cleaning and TV operations conducted by the CONTRACTOR at an approved facility. Costs associated with the removal, transport, and discharge of such materials shall be considered incidental to the project and shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall obtain all necessary permits for hauling and disposal of liquid waste in accordance with City of Round Rock or TNRCC requirements (as applicable). At the Pre- Project Meeting, (see Special Condition 01 -12) the CONTRACTOR shall provide the ENGINEER a written plan detailing the CONTRACTOR'S debris disposal plans. 6. Record Logs a. The Contractor shall maintain and provide to the Engineer a record of each day's activity including a listing of sewer segments cleaned by lengths and diameters, problems encountered, and any blockages or obstruction encountered. b. The CONTRACTOR shall maintain a log of incidents and customer complaints. The log shall include date and time of call or incident, nature of complaint and resolution if any. Log shall be made available to OWNER or ENGINEER upon request. All cleaning and CCTV inspections shall be documented on forms provided by the ENGINEER. 7. Remediation of Backups into Buildings a) Backups into buildings that occur during cleaning or other operations shall be remediated using the services of a local firm specializing in cleaning and City of Round Rock D2 -1(6) Sewer System Improvements b) Upon discovery that backup has occurred, the CONTRACTOR will inunediately notify the OWNER who will investigate the incident. Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. Cleaning service firm shall be at the customer site within three hours of notification of backup occurrence, or otherwise scheduled by customer. All communication will be through the OWNER. c) Documentation shall be provided of remediation provided. Should customer refuse the remediation services, CONTRACTOR shall provide a business card and contact name should customer want to schedule remediation at a later date. Refusal of remediation services shall be documented by CONTRACTOR. 8. Traffic Control disinfecting residences and businesses. The firm used by the CONTRACTOR shall be approved prior to issuance of Notice -to- Proceed, and shall provide a protocol that will be implemented for various scenarios that may occur. It shall be the responsibility of the CONTRACTOR to provide traffic control during construction as set forth in the Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD) or as directed by OWNER. When work activities are located in or near State Right -of -Way the CONTRACTOR shall comply with all applicable Texas Department of Transportation regulations. D. Measurement and Payment Only items listed below will be measured for payment. Costs for all other items shall be included in the contract unit prices for the items affected thereby. 1. Payment for sewer line cleaning shall be paid for at the Contract unit price per linear foot of sewer line cleaned for the respective diameter of pipe. Length shall be measured in place along the centerline of the pipe cleaned. Measurement will only be for the actual length cleaned and accepted. The Contract Price shall include all costs associated with the cleaning operations, disposal of debris, record logs, and any other associated costs. Locating, exposing, and opening of manholes on the sewers to be cleaned shall be incidental to cleaning. 2. Shallow Line Step Cleaning Where approved by the Engineer, shallow line step cleaning shall be paid at the unit price bid per linear foot for actual pipe cleaned independent of pipe size. D2 -1(7) City of Round Rock Sewer System Improvements Measurement of the actual number of feet cleaned shall be made from center of manhole to center of manhole. When a partial line segment is cleaned, measurement shall be made from center of manhole to termination point of actual cleaning. This unit price includes all costs associated with cleaning of the segment and shall not be added to the basic sewer line cleaning cost (Item 1 above) for a segment. END OF SECTION D2 -1 City of Round Rock D2 -1(8) Sewer System Improvements A. General D2 -2 TELEVISION INSPECTION OF SANITARY SEWERS 1. This section includes provision for closed circuit television monitoring operations and all associated work for the sizes and lengths of sewers encountered. 2. Contractor's operations are limited to daylight hours on Monday through Friday except holidays unless previously approved by the City. 3. Contractor shall provide traffic control personnel during operations to maintain safety of all personnel and public traffic maintenance. B. Materials 1. General The Contractor shall allow Owner's Representative to become familiar with Contractor's equipment before commencement of work. 2. Television Equipment a. The television camera used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture for the entire periphery of the pipe. The camera shall be operative in 100 percent humidity conditions and shall have a minimum of 600 line resolutions. To assume the maximum quality and accuracy, the following minimum equipment standards are required: 1) Equipment will have an accurate footage counter that displays on the monitor and is recorded on the VHS tape during the entire inspection. 2) Footage counter shall be able to maintain measurement accuracy within two (2) percent. 3) Camera height shall be adjustable and have pan and tilt capability. 4) Remote and/or automatic focus and aperture control. 5) Simultaneous audio recording. D2 -2(1) City of Round Rock Sewer System Improvements b. Cassette recording equipment will be required for all videotaping. The video tapes that will be provided to the City shall be VHS format. c. Contractor shall have a spare television camera available at all times. C. Execution 1. Internal Television Inspection a. The inspection shall be done one sewer section at a time. The section being inspected shall be isolated from the remainder of the sewer in a manner approved by the Owner's Representative. Such methods may include plugging all upstream flow, and/or by passing the flow from the section. Plugs shall be secure to remain in place and operations conducted to prevent backflow into buildings b. The camera height shall be adjusted such that the camera lens is always positioned at one -half the sewer inside diameter or higher during actual inspection and taping. The operator shall verbally identify on the video tape the approximate height of the camera lens in the sewer line prior to pulling the equipment through a given line segment. c. At no time shall the television camera be pulled or propelled through the line at a speed greater than 30 feet per minute. d. The lighting system shall be adequate for quality pictures. e. The video will be color. f. Flow conditions shall exist or be suitably controlled so the depth of wastewater flow, as measured in the manhole, shall not exceed the following: g. 6 -inch to 10 -inch Diameter Pipe - 20% of pipe diameter 12 -inch Diameter Pipe and Larger - 25% of pipe diameter When the depth of flow of sewer segment being televised is above the maximum allowable for television inspection, the flow levels may be lowered by temporary restricting the flow with mechanical devices or by bypass pumping. If the Contractor uses mechanical devices, he must take appropriate measures to ensure that no backups occur. The Contractor must obtain approval from the Engineer prior to bypass pumping. At the beginning of each line segment, the following information, at a minimum, will be entered on the video screen and recorded on the video tape; street name /intersection, beginning and ending manhole stations, direction of travel (upstream, downstream), line diameter, date and time of inspection. City of Round Rock D2 -2(2) Sewer System Improvements h. While taping the line segment, date, footage, street name/intersection, and main/lateral number will be constantly displayed generally on the lower center of the screen. The times when inspection requires viewing the lower portion of the screen the display shall be moveable. The footage counter should also include the actual line stationing, if available. The camera shall be stopped at all defects so that a clear picture of the defect remains on the video screen for a period of time long enough for the operator to verbally describe the defect and its rating on the tape, usually fifteen to thirty seconds. j. The defect being described should be identified with an arrow cursor on the video, if available. k. The camera shall be stopped at each service and rotated to allow an inspection of the service connection. 1. The TV camera shall not be pulled by the cleaning hose while the jetter is in operation. m. If progress of the television camera is impeded or stopped by blockages or obstruction in the sewer reach being inspected, the camera shall be withdrawn. The camera shall then be reinserted at the opposite end of the sewer reach. Should additional obstructions be encountered after the reemployment and no means are available for passing the obstruction without damage to the equipment, then the remaining sections of the sewer not inspected shall be excluded from the work requirements of the Contract. n. Should the camera equipment become lodged in the sewer lines, the Engineer shall be promptly notified. The Engineer may direct the Contractor to excavate and repair the sewer line in accordance with Section D2 -6 of these specifications. 4. Viewing Telephones, portable radio, CB, walkie talkies, or other electronic means of communication must be set up where voice or manual communication is not feasible. The Contractor shall provide facilities for the purpose of viewing the monitor while the inspection is in progress. 5. Record Logs a. General observations and comments of the pipe condition and defects shall be verbally described on the video and recorded on a television field form approved by the Engineer. b. Measurement for location of defects in sewer main shall be at the ground level by means of a meter device. Marking on cable or the like which D2 -2(3) City of Round Rock Sewer System Improvements requires interpolation for depth of manhole will not be allowed. Measurement meters shall be accurate to 0.2 feet. A measurement target in front of the television camera shall be used as an exact measurement reference point, and the meter reading shall show this exact location of the measurement reference point. The first feature out of the manhole will be measured and used as the initial reference point. If a buried manhole is encountered during the internal TV inspection, the footage will be reset to zero and that segment shall be treated as a new line segment. The City field representative will instruct the Contractor on the numbering procedure for this new manhole. c. The Contractor shall furnish all cassette video equipment, cassette video tape film for cassette video tape recording, and equipment. No reel to reel video recording or tapes will be permitted. In the course of inspection, all sewer sections will be videotaped in their entirety. d. Defects shall be described and quantified verbally on the video tapes by the Contractor. Where appropriate, existing landmarks shall be identified. e. The cassette video tapes will be reviewed by the Engineer for focus, lighting, clarity of view, and technical quality. The Contractor shall maintain sharp focus, proper lighting, and clear, distortion -free viewing during the camera operations, The Contractor shall maintain plugging and eliminate steam in the line for the duration of the inspection. Failure to maintain these conditions will result in rejection of the video tape by the Engineer. Any sewer line whose video tape is not acceptable to the City will be retelevised at no expense to the City. f. Farh video tape delivered to the City will be permanently labeled and shall include the following information: D. Measurement and Payment Project Title: Tape Number: Inspection Dates: Inspection Crew: Main/Lateral Numbers(s): Upstream MH No.: Downstream MH No.: 1. Television Inspection Payment for intemal television inspection of selected sewer lines shall be for the actual footage televised at the Contract bid price. If a blockage is encountered that requires the Contractor to attempt the inspection from the opposite direction, the Contractor will also be paid a reverse setup cost at the Contract bid price. Locating, exposing, and opening of the manholes on the sewers to be televised shall be incidental to internal television inspection. City of Round Rock D2 -2(4) Sewer System Improvements 2. Bypass Pumping Payment for bypass pumping shall be paid for at the Contract unit price for bypass pump setup and the Contract unit price for bypass pump operation. Payment for each bypass pump operation shall be measured in ten (10) minute increments (20 minutes of bypass pump operation equals two pay items). END OF SECTION D2 -2 D2 -2(5) City of Round Rock Sewer System Improvements D2 -3 SITE PREPARATION A. Not included in this Contract. END OF SECTION D2 -3 D2 -3(1) City of Round Rock Sewer System Improvements A. General 1. Restore the project site to conditions not less than that existing prior to starting construction unless otherwise required by these specifications. B. Materials 1. Topsoil D2-4 RESTORATION a. Coordinate surface restoration work with the affected private property owners. b. Private property over which the Owner has prior rights (i.e. utility easement, sewer easement) and/or has obtained rights -of -way, agreements, licenses and/or agreements from the property owner to allow repair of a sanitary sewer pipeline and appurtenances, shall be restored in conformance with these Contract Documents. c. Restore public property with strict adherence to the requirements of the public body having jurisdiction therein. d. No restoration shall occur until testing is complete and accepted by the Owner's Representative. e. Complete final surface restoration within three days of the sewer repair or as directed by the Owner's Representative. 2. Reference Standards Surface restoration including pavement, driveways, sidewalks, curb and gutters, and sodding shall be in accordance with City of Round Rock Standards. a. Topsoil shall be free from large roots, sticks, weeds, brush, stones or other litter and waste products. A minimum of 4 inches compacted depth of topsoil shall be used. b. The soil texture shall be classified as loam or sandy loam according to the following criteria: D2 -4(1) City of Round Rock Sewer System Improvements c. Soil texture shall be determined by utilizing processes as prescribed in ASTM D 422 using the No. 20 and No. 270 sieves and a hydrometer analysis. 2. Fertilizer 3. Sod Sand (2.0 to 0.05 mm diameter) (No. 10 sieve) Silt (0.05 to 0.002 mm diameter) (No. 270 sieve) Clay (smaller than 0.002 mm diameter) (Hydrometer analysis) Loam Sandy Loam 25 -50% 45 -85% 30 -50% Less than 50% 5 -25% Less than 20% Fertilizer shall be a standard commercial 16 -8 -8, uniform in composition, free flowing and suitable for application with approved equipment, delivered to the site in bags or other convenient containers each fully labeled, conforming to applicable State laws. a. Sod shall be approved nursery or field grown grass that is native to the locality of the work and shall match existing in the area of excavation. Sod shall be well rooted in soil of such consistency that it will not break, crumble or tear during handling and placing. Sod shall be free of noxious weeds and other objectionable plants and shall not contain substances injurious to growth. b. Grass shall be between 1 -1/2 and 4 inches in length when the sod is cut. The sod shall be cut within 48 hours of placement in rectangular pieces not less than 12 inches in width and not less than one inch in soil thickness. Keep sod in a moist condition between the initiation of cutting and the completing of placing and protect against exposure to the sun, wind, freezing during transportation to the site, and during storage prior to placing. 4. Seed Grass seed shall be fresh and shall match existing grass in the area of excavation. 5. Portland Cement Concrete Portland Cement concrete shall be class "A" and shall have a minimum compression strength of 3000 psi at 28 days and shall conform to the TxDOT standard. City of Round Rock D2 -4(2) Sewer System Improvements 6. Bituminous Concrete Surface Bituminous Concrete Surface shall be Type 'D' Bituminous mixture material compacted to 93 percent minimum density and shall conform with the reference standard. All materials shall be virgin. 7. Concrete Pavement C. Execution All concrete shall have a minimum compressive strength of 3,600 psi at 28 days and a maximum slump of 3 inches. Aggregate shall conform to the THD requirements for Class A contrete (THD 364). 1. Cleanup Upon completion of installation and backfill operations, clean and dress up the work area as follows. a. Remove construction debris and litter from the site. b. Remove excess excavation material from the site including material which has washed into stream beds, storm water facilities, streets, culverts, etc. c. Remove tools, equipment and construction materials except for designated storage areas along the pipeline route. Maintain designated storage areas in a neat appearing manner. d. Restore surface and subsurface drainage and provide drainage wash checks necessary to prevent soils from being washed downstream. e. Machine grade the area in preparation of final grading, seeding, sodding, pavement replacement, etc. f. Restore all street signs and mail boxes. g. 2. Finish Grading Maintain adequate safety signs, barricades and lights until final restoration of work area is completed. Finish grade the area to lines and grades which existed prior to the area being disturbed, with special attention directed to proper surface drainage, and the refilling of settled excavations with earth compacted to densities required. The area shall be smoothed by raking or dragging. Flower and vegetable gardens in D2 -4(3) City of Round Rock Sewer System Improvements 3. Sod existence prior to this project shall have the separately stored top soils restored unless otherwise required. Areas to be sodded or seeded shall have a minimum four inch depth of topsoil. a. Restore grassed areas disturbed by construction with sod to match existing. Sod may be placed between the average date of the last freeze in the Spring and six weeks prior to the average date for the first freeze in the Fall according to the Texas Almanac or U.S. Weather Bureau for the area unless otherwise approved by the Owners Representative in writing. Place sod at any time during this period except when the temperature is over 90 degrees Fahrenheit, drought conditions exist or the sod or ground surface is frozen. Cut sod as thick as possible to aid the sod in taking root at the earliest possible date. b. Spread fertilizer nutrients over the area at a rate of 160 pounds per acre (nutrient weight only) or as recommended by the manufacturer. c. Place sod on the prepared surface with the edges in close contact and the alternate courses staggered. Bury exposed edges of the sod flush with the adjacent soil. In ditches, place sod with the longer dimension perpendicular to the flow of the water in the ditch. On slopes, starting at the bottom of the slope, place sod with the longer dimension perpendicular to the slope of the ground and where the slope is 2:1 or greater, stake the sod. Sod shall be rolled after placement and joints filled between sections with scarified soil. Within eight hours after placing the sod, apply five gallons of water per square yard. d. Provide sufficient water to prevent the sod from drying out. e. Existing sod which was salvaged during construction may be reused at the Contractor's option. f. Sod shall have taken root before acceptance. Contractor shall guarantee sodding one year after acceptance by the Owner. 4. Seeding a. The areas to be restored by seeding shall be only as directed by Owner's Representative. Seed bed preparation shall not be started until all stones, boulders, and debris larger than 3 inches in diameter have been removed. The area to be seeded shall be worked to a minimum depth of 3 inches with a disk or other method approved by the Owner's Representative, reducing all soil particles to a size not larger than 2 inches in diameter. The prepared surface shall be relatively free from all weeds, stones, roots, and sticks. No seeds shall be sown until the seed bed has been approved by the Owner's Representative. City of Round Rock D2 -4(4) Sewer System Improvements b. Spread fertilizer nutrients over the area at a rate of 160 pounds per acre (nutrient weight only) or as recommended by the manufacturer. c. Mechanically apply grass seed. d. Do not seed during high winds or when the seed bed is too wet for working. Within 12 hours lightly rake seeded areas and roll with a 200 pound roller. After raking and rolling water the seeded areas with a fine spray until a uniform moisture depth of one inch has been obtained. e. In lieu of mechanical application of seed, hydraulic application may be used. The seed slurry shall be constantly agitated until pumped from the tanks. The seed shall not be allowed to set in water more than four hours before application. f. Water seeded areas as required for the seed to maintain suitable growth for at least three mowings performed a minimum of one week apart. g. Reseed areas where the grass did not take. 5. Tree, Bush, and Hedge Transplanting and Replacement a. Existing trees, bushes, and hedges which cannot be tied back or trimmed to prevent damage and require removal because of the proposed construction shall be transplanted with a tree spade or replaced. Tree removal shall include removal of stump and roots four inches below grade. Transplanting shall be at the location directed by the Owner's Representative. After digging the plants, properly store them until they can be transplanted. Replacement plants shall not be delivered until they can be planted. b. Plant during the proper seasons. Do not plant in frozen soil or during unfavorable weather conditions. Dig tree pits of such size as to provide ample space for the entire root system, as the tree comes from the nursery, without crowding or bending the roots. The pits shall be 12 inches wider than the ball diameter, have vertical sides, and be six inches deeper than the thickness of the ball. Thoroughly loosen the soil in the bottom of the pit by spading to a depth of six inches. Dig holes immediately before planting. Dispose of soil earth dug from the tree pits. c. Set trees at a depth slightly below finished grade, half -fill the hole with planting soil and thoroughly water. Loosen and fold down the upper half of the burlap, fill the hole with planting soil and thoroughly water. Fill the top two inches with a well -rotted mulch. d. After planting, prune the branches in proportion to the amount of root system lost in the transplanting operations but in such a manner as to retain the form typical of the tree. In general, remove approximately one -third of the branch D2 -4(5) City of Round Rock Sewer System Improvements structure. Pruning shall be done by expert workmen in such a manner as to insure healthy and symmetrical growth of new wood. e. After planting, wrap trunks of trees planted after October 15 with special tree wrap from the crotch of the first major branches down to the ground. Tie wrapping with cotton twine to keep the wrapping in place. f. Plant trees vertically. Trees found leaning during the guarantee period shall immediately be staked with two 2 -inch by 3 -inch wood stakes, eight feet long, pointed on one end. The stake shall be long enough to properly support the tree. Drive the stakes to a depth of 18 inches below the bottom of the tree pit. Locate the stakes on the north side and on the south side of the tree, and 12 inches to 18 inches from the trunk. Do not drive stakes into the ball and burlap. Guy the trees using a figure eight hitch consisting of No. 14 gauge wire encased in a section of rubber hose. 6. Restoration of Pavement Surfaces a. General 1) Restore (unless otherwise specified or ordered by the Owner's Representative) permanent type pavements, sidewalks, driveways, curbs, gutters, and surface structures removed or disturbed during or as a result of construction operations to a condition which is equal in appearance and quality to the condition that existed before the work began. The surface of all improvements shall match the appearance of the existing surface. 2) Pour concrete only after inspection by the Owner's Representative of the pouring site to verify proper forms and reinforcement. Reinforcement shall be equal in quantity and type of materials to reinforcement that existed prior to the work, or as indicated in the plans or specifications. 3) Saw cut existing paved surfaces to provide a straight joint between the existing and new surface. Saw cutting shall be full depth and square or rectangular in shape. 4) Cure and protect all exposed concrete installed under this contract in accordance with the reference standard. 5) Allow concrete to attain a minimum 7 day strength before allowing traffic or construction equipment on the concrete. 6) Remove entire sidewalk squares. Removal of partial squares shall not be allowed. City of Round Rock D2 -4(6) Sewer System Improvements b. Concrete Sidewalks 1) Concrete sidewalks shall consist of a minimum thickness of five inches of nonreinforced Portland cement concrete over four inches of compacted granular material. 2) Increase sidewalk thickness to six inches when crossing driveways. 3) Place one -half inch preformed bituminous expansion joints at junctions with existing work and at intervals not exceeding 50 feet, or as directed by the Owner's Representative. 4) Sawcut existing sidewalks at construction joints. Patching existing sidewalk squares damaged during construction activities shall not be allowed. 5) When removing portions of a concrete sidewalk, an entire "Square" shall be removed. Removal of a partial sidewalk "Square" shall not be allowed. c. Concrete Curb and Gutter 1) Curb and Gutter dimensions and cross sections shall conform with existing installations. 2) Place two dowels at each junction with existing work. Dowels shall be 3/4 -inch diameter and a minimum of 12 inches in length. 3) Place one -half inch preformed bituminous expansion joints at junctions with existing work and at intervals not exceeding 50 feet, or as directed by the Owner's Representative. 4) Place doweled expansion joints at intervals not exceeding 50 feet, or as directed by the Owner's Representative. 5) Saw cut control joints at intervals not exceeding 20 feet and at junctions with existing traverse cracks in the pavement, or as directed by the Owner's Representative. d. Concrete Driveways Replace concrete driveways to the condition and thickness which existed prior to construction. Minimum thickness shall be 6 inches. Reinforce with #3 bars at 18 inches on center, each way. D2 -4(7) City of Round Rock Sewer System Improvements e. Bituminous Concrete Driveway D. Measurement and Payment Replace bituminous driveways to the condition and thickness which existed prior to construction. Minimum thickness shall be 2 inches. f. Pavement Repair The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. See Details in this document. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All resident's driveways shall be accessible at night and over weekends. At the location in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. The Contractor shall obtain any permits required for trenching operations or pavement operations. 1. No separate pay item for restoration is included in the Contract. Cost of restoration shall be included in the respective bid price for sewer line repairs/obstruction removal. 2. If restoration work is not completed, 30 percent of the Contract Price will not be eligible for payment. END OF SECTION D2-4 City of Round Rock D2 -4(8) Sewer System Improvements MAP(S) OF SEWER SYSTEM SECTION E 1005 CC36 -Z 002 CC36 -Z 001 x040 ,l - 0G'36- zi s ©„ c s z 8 1015 CC36 -Z 004 CC36 -Z 003 36 a ra _ c 'C a 0a 1 � LO 3GIB d CC36 -Z 005 1025 CC36 -Z 006 I Ip1iii 3 `3w ,E90 1035 CC36-Z 009 ° 104? 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