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R-02-11-14-13B5 - 11/14/2002WEL , Mayor RESOLUTION NO. R 02 11 14 - 13B5 WHEREAS, the City of Round Rock has duly advertised for bids for the 2002 -2003 Water Storage Tank(s) Rehabilitation Project (Proposal B), and WHEREAS, Gulf States' Protective Coating, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Gulf States' Protective Coating, 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 Gulf States' Protective Coating, Inc. for the 2002 -2003 Water Storage Tank(s) Rehabilitation Project (Proposal B). 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 14th day of November - 002 ATTE'• - City of Round Rock, Texas , 1 1 .. 1 1. I! ! . IA Al CHRISTINE R. MARTINEZ, City Secrete e. OD. MA\ HORLDOX\ 0 . \wDOX \RRSOLVPI \R211141215.RPD /Dc October 30, 2002 Don M. Rundell, P.E. Chief Utility Engineer City of Round Rock 2008 Enterprise Dr. Round Rock, Texas 78664 Re: 2002 -2003 Tank(s) Rehabilitation Project Award Recommendation Dear Mr. Rundell, HOT Inspection Services, Inc. P.O. Box 1208 • Round Rock, TX 78680 -1208 Voice: (512) 244 -2523 Fax: (512) 244-0607 Five sealed bids were received and opened on October 29, 2002 for the rehabilitation and coating for the above referenced project. The bid was separated by three proposals (A, B &C) and had a percent spread of 48 %, 30% and 46% respectfully. Proposal "A "ranged from $390,232.00 to $747,900.00, proposal `B" ranged from $366,900.00 to $524,100.00 and proposal "C" ranged from $327,129.00 to $606,300.00 as shown on the attached bid tabulation. Corrosion Eliminators, Inc. submitted the low bid, in the amount of $390,232.00 for proposal "A" and $327,129.00 for proposal "C ". A low bid was submitted by Gulf States Protective Coatings, Inc., in the amount of $366,900.00 for proposal "B". Corrosion Eliminators, Inc., and Gulf States Protective Coatings, Inc., have completed similar projects in the past for municipalities in the area and appear to be qualified to perform the respective projects. The contractor will provide performance and payment bonds for the full amount of the contract. Considering the contractor's experience and bid price, it is recommended that the City of Round Rock award the project to Corrosion Eliminators, Inc., and Gulf States Protective Coatings, Inc., in the amounts of $717,361.00 and $366,900.00 for the respective proposals. This is a total contract amount of $1,084,261.00 for the six (6) tanks to be performed by two (2) separate contractors as stated. If you have any quest; : i s or comments please do not hesitate to contact this office. Sine John Cc: Clark earn tot UNIT COST THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas 78664 (512) 218-5555 CONTRACT : 2002 -2003 Water Storage Tank(s) Rehabilitation LOCATION : City Hall Council Chambers DATE: October 29, 2002 at 10:00 a.m ITEM Total Bid Amount For Proposal A Corrosion Eliminator Addendum Receipt? Yes Bid Bond? Yes PROX UNIT QTY. PRICE BID TABULATION Blastco, Inc. Addendum Receipt? Yes Bid Bond ? Yes S390,232.00 S543,100.00 N.G. Painting Addendum Receipt? Yes Bid Bond? Yes S493,000.00 BIDS EXTENDED AND CHECKED BY: John H. Kamen DATE : 10/29102 SHEET 1,03 TI,11 Coadngs, Ine. Addendum Receipt? Yea Bid Bond? Yes GuBStatm Pro Coat., bus Addendum R celpt? Yes Bid Bond? Yes UNIT UNIT UNIT UNIT PRICE COST PRICE COST PRICE COST PRICE COST PROPOSALA 1` ,� ); 1�. iF lE 9 F ��EWIIRMIT11�irmi :r gmpiik tpnPBing'IvuiliIQN iB NIQOO YIt 1TIBIIIi EMPItB IEMIITtit IMITIni t t td ■ 117# �' Ef',• DAiAI4t1i Lnlr( rkltnl� YlIiimin ]E$rYIHOtAb1EY.1.Lnlomiim Sx @nA III9'Ll:itnnnimagg O• Iil �YllQtnlUtl�'f11tTOtItn1 ■I�tIMMIII FI FABItD1 tDADIi�YItIOQtIt1 ROtIatigixQtD Dn1MIEREtl0t7I 'Y{t1:tltlRt'MM'6DAIO agoi FitWQtn1EIFIQtI0IHt7 iimi,- mY• L• FDIPoImmaimi t$ R10QOt1iS7i70QtD7nX10 @ItnimmuI_____ Y. 1tD PAn7maY .x4tDUIt1EX[QtIQ@lmItINADI ■sL`11MIMEY 10tDn1m9i9nItlt7m'kl0tnl0massoItDDAn1mIQtggnm W.ItnDlQtmeYlAa maY_VBADmYdtPDItn1la'kltDnitnl mi1m1♦, 9{ Q01nxin iml{ IPNliIn1E 'F1tDDAD1umXItnDItDm7nviii llnlnay[t7,dDDAiiiitt / inLnlma9Y .LLItADIFYtYItnDINmAPItDDICt1 wcw■■■ =mizaamEmmatugamookammalmonsmannizamwmgmmiummaluziam m a imasmo leammuma RI0o7tm:FY uina'fDAnl i t mt'F aimi'klinnAli nazi nl . i i t i ma jn ltlE9<<10iu �/ a1!'E.yluu moltlEYlinnADlE9RUnIiiimmi SOQ moil F' 9I@ nAli7ma: 9. Im1IQ@ la' klinDAlilmmuDLIi1Fa3ZinIilmimWlmiDADI i mimm umIcS, 1iDn1wiv iominliwivalaiirm Fi:I Opwilmo titotormi [.`9A {�Qinlmt7�Si7 •i i9 mYCDA:iI Leilmomm■liguamwilommiimagazawygdgemummilmuripnwimaclivgiminitimmimaimmary SinntitiK [7<mmilinl SM1MIIMIM m alli Wl1IlIlAnl� dFDPlmgl i t t WYRIIIIPPIIIMPB1111111Q11 f:' 9LIm1DIIIIIM' 9•FIiNtAlilEMIIIliAnlI'9AXminAal IINE =' I L• DD LIIIME.[ RDIm11IMRImiAIt1EM:♦ FDUImiIF> t.^ FlmmQinlNEILX' ItnnAnlI. Y. 1mInAn7fiYlminlm17IE2I0onlilolfKIIQmilmil ■ ■ti.`lf ' `9IS MMIIIKSYOMINUIQODIEIMElminkDltlFl 'KADDAiiIIBglmmlDTO1EY.4nD OMIEl:Llinaala I1pDDDlE%gI1DDAn1 tEMIIIIjM'. FLSOltlonlIIIIVFiS0trtItiMl5xmmllmol�YAnnIm11�' 9F7mi11I1I11.lf`tFlitDTOImi1IInll tltXII1II MIREnllnlIF9Yl1DOPnl.WtDDLn1 rl•I' i'mngzQolm`F:ODI1I1nl O1 ma mOAnl t OO �Y[mtUI1nI�Y:n Oi O musEzmwguaa 10113 =111 i t IIIMMEIMI MIIINI YR'LIQinI �YgJ MI t 1 i t IIIIM lihLi M ...ter -- - �a;DD 11 I ii O i 111 11 gO iOO OO t11 s1 1 i t1 10111 ri , j'I YaNt11�4: 11F° f6' SR7RTZ• 1__-- �YLTSFLI Et'f{:YN/ODImt1 —EgA O JIflhI11 - 9 0 $3 1111191! E'W0WLIUIInI II .. _ :.11 1 , •I1 , 11 111 •a ,1111 PI S747,900.00 5469,900.00 THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BID TABULATION BY: Round Rock, Texas 78664 DATE: (512) 218 -5555 SHEET AND CHECKED John 8LKomen 10729/02 2 or 3 CONTRACT : 2002-2003 Water Storage Tank(s) Rehabilitation LOCATION: City Hall Council Chambers Corrosion Eliminator Addendum Receipt? Yea Bid Bond? Yes Blaatco, Lae. Addendum Re dpt ?Yes Bid Bond? Yea N.G. Painting AddendumR eeipt? Yea Bid Bond? Yea TMI Coatings, Inc Addendum Re eipi ?Yea Bid Bond? Yes Cull States Pro Coat, Inc Addendum R ceipt? Yea Bid Bond? Yea DATE: October 29, 2002 at 10:00 am ITEM uNn APPROX. QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST PROPOSAL B Vi cd ui ci vl N Eg jg H cd ui GI 0i ud a.5 - .4 .] ^l.7 F 0 N V N PB -1 $29 ,317.00 $29,317.00 $57,870.00 $57,870.00 $40,000.00 $40,000 00 $60,700.00 $60,700.00 $42,000.00 $42,000.00 P0.2 $20,638.00 $20,638.00 $42,250.00 $42,250.00 $25,000.00 $25,000.00 $64,000.00 $64,000.00 $37,000.00 $37,000.00 PB -3 $400.00 $400.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 PB-4 $2,900.00 $2,900.00 $8,500.00 $8,500.00 $4,000.00 $4,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 PB -5 $1,900.00 $1,900.00 $2,500.00 $2,500.00 $1,800.00 $1,800.00 $3,800.00 $3,800.00 $3,000.00 $3,000.00 PB -6 $18,000.00 $18,000 00 $3,000.00 $3,000.00 $8,000.00 $8,000.00 $13,500.00 $13,500.00 55,000.00 $5,000.00 pB -7 $100.00 $4,000.00 $65.00 $2,600.00 $50.00 $2,000.00 $80.00 $3,200.00 $85.00 $3,400.00 PB -8 $13.00 $260.00 $20.00 $400.00 $50.00 $1,000.00 $50.00 $1,000.00 $40.00 $800.00 P13.9 $1,000.00 $1,000.00 $1,500 00 $1,500.00 $1,600 00 $1,600.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 PB -10 $64,350.00 $64,350.00 $78,480.00 $78,480.00 $55,000.00 $55,000.00 $92,300.00 $92,300.00 $61,000.00 $61,000.00 PB -11 $127,000.00 $127,000.00 $158,505.00 $158,505.00 $190,000.00 $190,000.00 $234,200.00 $234,200.00 $125,000.00 $125000.00 PB -12 $79,000.00 $79,000.00 $25,000.00 $25,000.00 $70,000.00 $70,000.00 $17,000.00 $17,000.00 $55,000.00 $55,000.00 PB -13 $2,400.00 $2,400.00 $3,000.00 $3,000.00 $1,600.00 $1,600.00 $3,800.00 $3,800.00 $3,000.00 $3,000.00 P9-14 $21,000.00 $27,000.00 $8,700.00 $8,700.00 $14,000 00 $14,000.00 $2,400.00 $2,400.00 $13,500.00 $13,500.00 PB -15 $115.00 34,600.00 $65.00 $2,600.00 $50.00 $2,000.00 $80.00 $3,200.00 $85.00 $3,400.00 P9-16 $13.00 $260.00 $20.00 $400.00 $50.00 $1,000.00 $50.00 $1,000.00 $40 00 $800.00 Chandler Creek Tank Subtotal $304,610.00 3276,685.00 $333,600.00 $361,900.00 $261,700 00 Lake Creek Tank Subtotal $82,015.00 $128,620.00 $93,400.00 $162,200.00 $105,200.00 Total Bid Amount For Proposal B $386,625.00 S405,305.00 $427,000.00 S524,100.00 S366,900.00 THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BID TABULATION BY: Round Rock, Texas 78664 DATE: (512) 218 -5555 SHEET AND CHECKED John H.Komen 10129102 3 of 3 CONTRACT : 2002 -2003 Water Storage Tank(s) Rehabilitation LOCATION: City Hall Council Chambers Corrosion Eliminator Addendum Receipt? Yes Bid Bond? Yes Blusteo, Inc. Addendum Receipt? Yes Bid Bond? Yes N.G. Painting Addendum Receipt? Yes Bid Bond? Yes Thtl Cooing, hoc. Addendum Re eipt ?Yes Bid Bond? Yes Gulf States Pro Coat., Inc Addendum R ceipt ?Yea Bid Bond? Yes • DATE: October 29, 2002 at 10:00 n.m ITEM UNIT APPROX. QTY. UNIT PRICE COST UNIT PRICE COST UNTO' PRICE COST UNIT PRICE COST UNIT PRICE COST PROPOSAL C PC-1 L S. 1 $50,366.00 $50,366.00 $67,000.00 $67,000.00 $65,000.00 $65,000.00 $91,600.00 $91,600.00 $62,000.00 $62,000.00 PC-2 L.S. 1 $38,000.00 $38,000.00 $48,000.00 $48,000.00 $40,000.00 $40,000.00 $76,900.00 $76,900.00 $42,000.00 $42,000.00 PC-3 LS. 1 $4,500.00 $4,500.00 $13,000.00 $13,000.00 $20,000.00 $20,000.00 $12,000.00 $12,000.00 $11,225.00 $11,225.00 PC-4 L.S. 1 $2,900.00 $2,900.00 $8,500 00 $8,500.00 $4,500.00 $4,500.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 PC-5 L.S. 1 $1,900 00 $1,900.00 $2,500.00 $2,500.00 $1,800.00 $1,800.00 $3,800.00 $3,800.00 $3,000.00 $3,000.00 PC -6 L.S. 1 $19,000.00 $19,000.00 $3,000.00 $3,000.00 $14,000.00 $14,000.00 $1,300.00 $1,300.00 $11,500.00 $11,500.00 PC -7 MHR 40 $75.00 $3,000.00 $65.00 $2,600.00 $50.00 $2,000.00 $80.00 $3,200.00 $85.00 $3,400.00 PC-8 Tube 60 $13.00 $780.00 $20.00 $1,200.00 $50.00 $3,000.00 ' $5000 $3,000.00 $4000 $2,400.00 PC-9 L.S. I $900.00 $900.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 PC-I0 L.S. 1 $95,999.00 $95,999.00 $164,550.00 $164,550 00 $126,000.00 $126,000.00 $185,200.00 $185,200.00 $117,000.00 $117,000.00 PC-11 LS. 1 $60,454.00 $60,454.00 $102,200.00 5102,20000 $70,000.00 $70,000.00 $123,500.00 $123,500.00 $92,000.00 $92,000.00 PC-12 L S. 1 $7,090.00 $7,090.00 $8,000.00 $8,000.00 $20,000.00 $20,000.00 $25,000.00 $25,000.00 $22,500.00 $22,500.00 PC-13 LS. 1 $2,900.00 $2,900.00 $8,500.00 $8,500.00 $4,500.00 $4,500.00 $6,000 00 $6,000.00 $4,000.00 $4,000.00 PC-14 LS 1 $2,500.00 $2,500.00 $3,000.00 $3,000 00 $2,500.00 $2,500.00 $6,500.00 $6,500.00 $3,000 00 $3,000.00 PC -15 L S 1 $27,000.00 $27,000.00 $8,000.00 $8,000.00 $15,000.00 $15,000.00 $36,200.00 $36,200.00 $20,500.00 $20,500.00 PC -16 MIIR 80 $100.00 $8,000.00 $65.00 $5,200.00 $50.00 $4,000.00 $80.00 $6,400.00 $85.00 $6,800.00 PC -17 Tube 80 $13.00 $1,040.00 $20.00 $1,600.00 $50.00 $4,000.00 $50.00 $4,000.00 $40.00 $3,200.00 PC -18 L S 1 $800.00 $800.00 $1,500.00 $1,500 00 $1,000.00 $1,000.00 $2,000 00 $2,000.00 $2,000.00 $2,000.00 Southeast Tank Subtotal $205,783.00 $302,550.00 $247,000.00 $394,800.00 $271,000.00 McNeil Tank Subtotal $121,346.00 $147,300.00 $151,300.00 $211,500.00 $141,525.00 Total Bid Amount For Proposal C $327,129.00 5449,850.00 $398,300.00 $606,300.00 5412,525.00 2002 -2003 TANK REHABILITATION PROJECT PROPOSAL "B" ROUND ROCKTFXAS S /GRAPHICS /ENGINEERING/TANK REHAB PROJ DATE: November 7, 2002 SUBJECT: City Council Meeting — November 14, 2002 ITEM: 13.B.5. Consider a resolution authorizing the Mayor to execute a contract with Gulf States' Protective Coating, Inc. for the 2002- 2003 Water Storage Tank(s) Rehabilitation Project (Proposal B). Resource: Jim Nuse, Chief of Operations/Assistant City Manager Tom Clark, Director of Utilities Don Rundell, Chief Utilities Engineer History: The state requires annual inspections of all water tanks within our distribution system. With the information from these inspections we schedule each tank for repairs and painting, based on its present condition. In general steel tanks need re- painting every 10 to 15 years. The work under this contract will include general tank repairs, painting both the interior and exterior of each of two (2) tanks to be rehabilitated under Proposal B, between November 2002 and February 2004. These tanks are Lake Creek Ground Tank and Chandler Creek Elevated Tank. Four additional tanks will be rehabilitated under Proposals A and C within the same time period, but under separate contract. On October 29, 2002 we received bids for this work from five (5) contractors, each contractor submitted bids for each of three (3) proposals (A, B and C), each proposal was for the rehabilitation of two (2) tanks. The project was split into three proposals in order to control which tanks, when and how long a tank can be down (i.e. out of service). John Konzen reviewed the bid as submitted by Gulf States' Protective Coating, Inc, and found the bid to be fair and complete. Recommendation of award is based on the lowest price bid for each proposal, which is $366,900.00. Funding: Cost: $366,900.00 Source of funds: Capital Project Funds (Self - Financed Utility Funds) Outside Resources: Gulf States' Protective Coating, Inc Impact/Benefit: To stay in compliance with Texas Commission on Environmental Quality (TCEQ) public water system requirements and to maximize the useful life of each tank for a faction of their replacement cost. Public Comment: N/A Sponsor: N/A lawn) LO , C17-50 , GIL4I001 CERTIFICATE OF LIABILITY INSURANCE PRODUCER 713 -586 -4305 Dean and Draper Insurance Agency, Inc. 3131 West Alabama, 4th Floor Houston, Texas 77098 Josie Paul INSURED C American International Specialty Gulf States Protective Coatings, Inc. 201 N. 16th Street, LaPorte, TX 77571 THIS LS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter dasenbed, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and flusher hereinafter described. Exceptions to the policies are noted below. CO rim OFINSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE A GENERAL LUOILLTY li AtfroMoBILnuAURlr1' CAP677K4290 06712(02 06/12/03 C EXCESS LIABILITY 1398622 Retention — $10,000 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER _ Each Loss ' 1,000,000 C Pollution CP06192327 06/12/02 06/12/03 Total Losses $1,000,000 Ded. per Occurrence $10,000 DESCRIPTION OF OPERATIONSlLOCATIONSNEHIO naanECwAL rIBM.SIEXCEPTIONE The City of Rutted P.ok1 rmedesaddiH�aztti insured with mspect all petioles except Workers' Compensation sod Employers' Liability. Should enyof the above described policies be cancelled archangel before the expiration data thereof. the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rode 221 E. Main Seat Round Rods, Texas 75664 atm: Joanne Land pottbas.dspec muter 1H4- I5 55 VIGP002569 06/12/02 06/12/03 QE FRAtAO PRODUCTS- COMP)OPACO. 52,000,000 PERSONAL& ADV. INJURY 11,000,000 EACH OCCURRENCE 51,000,000 FRtEDAMAGE(Amymmef) s 50,000 60 39Vd S3IVIS jfFJ 06/12/02 06/12/03 EacnDCCuRRFNCE PBD -7 COMPAN ES AFFORDING COVERAGE A Gemini Insurance Company B Travelers Ind of CT DATE Typed Name•. Title: owner JP RECEI NOV 0 ,8 2002 �.Daes: 0 1/05/ 02 MID. EXPENSE (Anyone penes) 5 5,000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY IPraccidat) PROPERTY DAMAGE AGGREGATE Robert F. Dean STATUTORY LIMITS EACH ACCIDENT a DISEASE - POLICY LIMO' a DISEASE - EACH EMPLOYEE $1,000,000 S $1,000,000 $1,000,000 60ELZh0TOZ 6095 Z00Z /50 /TT THE POLICIES OF INSURANCE LISTED BELOW ANY REQUIREMENT, TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OF ANY CONTRACT OR OTHER DOCUMENT BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADM NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD/YY) POLICY EXPIRATION DATE(MR /OD/TY) LIMITS A INSURER D. Everest Indemnity Insurance Company GENERAL LIABILITY GL11110861 06/12/03 06/12/04 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREM 9EE eE $50, CLAIMS MADE X OCCUR MED EXP (Any one person) $EXCLUDED X BI /PD Ded:15000 PERSONAL &ADV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 GEN•L AGGREGATE LIMR APPL IES PER PRODUCTS- COMP /OP AGG 51,000,000 7 POLICY n .78,-. I ^ I LOG B AUTOMOBILE LIABILITY CAP677K4290 06/12!03 06/12/04 COMBINED SINGLE LIMIT (Ee accident) $1,000,000 X ANY AUTO ALL OWNED ALTOS BODILY INJURY SCHEDULED AUTOS (Par person) $ _ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per ecudent) $ GARAGE LIABILITY ALTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ , AUTO ONLY AGG $ C EXCESS /UMBRELLA LIABILITY XTA0000427 06/12/03 06/12/04 EACH OCCURRENCE $2,000,000 OCCUR CLAIMS MADE AGGREGATE $2,000,000 $ E R DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND I TWINY; ?MRS I IOFR • EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE 5 OFFICER/MEMBER EXCLUDED? II yes, descnbe under SPECIAL PROVISIONS below EL DISEASE- POLICY LIMIT $ D OTHER Pollution /En 40PH000978031 06/12/03 06/12/04 $1,000,000 occurrence $1,000,000 aggregate $5,000 ded. per claim DESCRIPTION OF OPERATORS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is named as Additional Insured on the General Liability as required by written contract. Ct -RD. CERTIFICATE OF LIABILITY INSURANCE DAT22/0 DAY) PRODUCER Dean & Draper Ins. Agcy., Inc. 3131 West Alabama 4th Floor Houston, TX 77098 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 NAIC # INSURED Gulf States Protective Coatings, Inc. 201 N. 16th. Street La Porte, TX 77571 . INSURERA Interstate Fire & Cas. INSURER B• Travelers Indemnity Company of Ameri INSURER C. United National Insurance Company INSURER D. Everest Indemnity Insurance Company INSURER E. • Client#: 11134 COVERAGES CERTIFICAT —tii"dLi4SU' 11 I q , 0113 City of Round Rock Attn: Joanne Land 221 E. Main Street Round Rock, TX 78664 Cie llCd i abb t 4 /kS ACORD 2 001/08) 1 of 2 #S41122/M38420 CANCELLATION AUTHORIZED REPRESENTATIVE GULFSTAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _al_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. �1 2 JAp 0 ACORD CORPORATION 1988 Sri 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 (2001/081 2 of 2 #S411221M38420 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 ENTERPRISE DRIVE ROUND ROCK, TX (512) 218 -5555 2002 -2003 WATER STORAGE TANK(S) REHABILITATION PROPOSAL B OCTOBER 2002 CONSTRUCTION DOCUMENTS PROJECT MANUAL R-0-11-14-/3B a ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 ENTERPRISE DRIVE ROUND ROCK, TX (512) 218-5555 2002 -2003 WATER STORAGE TANK(S) REHABILITATION PROPOSAL B OCTOBER 2002 CONSTRUCTION DOCUMENTS PROJECT MANUAL TABLE OF CONTENTS Sec. 1 NOTICE TO BIDDERS Sec. 2 BID DOCUMENTS Sec. 3 POST BID DOCUMENTS Sec. 4 GENERAL CONDITIONS Sec. 5 SPECIAL CONDITIONS Sec. 6 TECHNICAL SPECIFICATIONS Sec. 7 COATING SPECIFICATIONS Sec. 8 RCRA METAL Sec. 9 DRAWINGS CONSTRUCTION DOCUMENTS PROJECT MANUAL CITY OF ROUND ROCK 2002/2003 WATER STORAGE TANK (S) REHABILITATION OCTOBER 2002 ADDENDUM NO.1 Dat ' Issued: Oct...', 2002 Pr =eared by Don - undell, P.E. 63186 Bidders on this project are hereby notified that this Addendum shall be attached to and made a part of the above named Construction Documents Project Manual, dated October 2002. The following items are issued to, modify the Pre -Bid Conference and Bid dates as shown in the above named Construction Documents Project Manual, dated October 2002 REVISIONS TO CONSTRUCTION DOCUMENTS PROJECT MANUAL SECTION ONE — NOTICE TO BIDDERS a) The Mandatory Pre -Bid Conference shall be postponed two weeks. "Mandatory Pre -Bid Conference will be held at 10:00 a.m. on October 24, 2002 at the City of Round Rock Department of Public Works, at 2008 Enterprise Drive, Round Rock, Texas, (512) 218 - 5555." b) The Bid Opening shall be postponed two weeks. "The Bids will be received until 10:00 a.m., Tuesday. October 29, 2002 then publicly opened and read aloud at the City Hall Council Chambers at 221 East Main Street, Round." c) A revised project schedule will be issued at the pre -bid conference. However, the main change will be to delay the November 4, 2002 start dates to November 18,2002. d) Bidders shall acknowledge receipt of each addendum with their bids. Page 1of1 1 CONSTRUCTION DOCUMENTS PROJECT MANUAL CITY OF ROUND ROCK 2002/2003 WATER STORAGE TANK (S) REHABILITATION OCTOBER 2002 I T X4s o ' � � " .. Dated ssued: Octobe , 2002 • ' p0 � '` \ * g6 x� 6 Pre •. d by •n ndell, P.E. 63186 a gg Bidders on this project are hereby notified that this Addendum shall be I attached to and made a part of the above named Construction Documents . Project Manual, dated October 2002. ADDENDUM NO.2 The following items are issued to, modify Section 7 — Coating Specifications and the Project Schedule as shown in the above named Construction Documents Project Manual, dated October 2002 REVISIONS TO CONSTRUCTION DOCUMENTS PROJECT MANUAL ' 1.) SECTION SEVEN — COATING & PAINTING STEEL WATER STORAGE TANKS PART 2 — MATERIALS I 2.01 ACCEPTABLE MANUFACTURES Shall be revised with this addendum to read as follows: I A. The paints and paint products used for this project shall be manufactured by The Tnemec Corporation, or an approved I equal. I B. For approval of an equal manufacturer. Bidder shall provide to the Owner in writing a detailed side -by -side comparison of the proposed equal Products Characteristics, Performance I Characteristics, and Application Conditions for each Tnemec coating specified in 2.04 COATING SYSTEMS. For consideration for approval this written comparison shall be ' certified and notarized by manufacturer as true and correct. Page 1 of 2 C. For Products Characteristics this detailed side -by -side comparison shall include for example, but not limited to, Volume Solids, Weight Solids, VOC, Mix Ratio, Zinc Content in Dry Film (by Weight), Spreading Rate per coat, Drying Schedule, Shelf Life and Flash Point. D. For Performance Characteristics this detailed side -by -side comparison shall include for example, but not limited to, Abrasion Resistance, Corrosion Weathering, Direct Impact Resistance, Dry Heat Resistance, Flexibility, Moisture Condensation Resistance, Pencil Hardness, Salt Fog Resistance, Slip Coefficient and Wet Heat Resistance. E. In addition to the detailed side -by -side comparison. For approval of an equal manufacturer, Bidder shall provide to the Owner in writing three (3) similar tanks (similar size and height) that have had the proposed equal coating system on each tank for a minimum of ten (10) years. This shall include tank name, location, and owner's name with contact person and telephone number. Each of the Three (3) tanks shall be located in the central Texas area or in an area with similar climatic conditions as the City of Round Rock. F. For consideration for approval Bidder shall submit, said detailed side -by -side comparison to the Owner no later than Noon, on October 28. 2002. Incomplete and /or submittals received after Noon, on October 28, 2002 will be return to Bidder without consideration. G. Notice of approval or non - approval of proposed equal manufacturer will be faxed to each plan holder by 5:00 P.M.. on October 28. 2002. 2.) A revised project schedule is attached to this Addendum No. 2 and is considered issued and made apart of the Bid Documents with this Addendum No. 2. 3.) Bidders shall acknowledge receipt of each addendum with their bids. Page 2 of 2 CONSTRUCTION DOCUMENTS PROJECT MANUAL CITY OF ROUND ROCK 2002/2003 WATER STORAGE TANK (S) REHABILITATION OCTOBER 2002 ADDENDUM NO.3 Date Issued: October 28, 2002 f , D1 ." Qh l �� : °� ,N•', P6�`•.. � idders on this project are hereby notified that this Addendum shall be 11;;:t r d cch .Ottached to and made a part of the above named Construction Documents ir° ,rp /c;,,w`Projed Manual, dated October 2002. tr e a l t ,, - �' The following items are issued to, modify Section 7 — Coating Specifications and the Project Schedule as shown in the above named Construction Documents Project Manual, dated October 2002 Pre. = red by Don M Page 1 of 2 undell, P.E. 63186 REVISIONS TO CONSTRUCTION DOCUMENTS PROJECT MANUAL 1.) SECTION SEVEN — COATING & PAINTING STEEL WATER STORAGE TANKS PART 2 — MATERIALS 2.01 ACCEPTABLE MANUFACTURES Addendum No. 2 shall be revised with this addendum to read as follows: E. In addition to the detailed side -by -side comparison. For approval of an equal manufacturer, Bidder shall provide to the Owner in writing three (3) similar tanks (similar size and height) that have had the proposed equal coating system on each tank and date coating system was put into service. In addition the tank names, locations, and owner's name with contact person and telephone number shall be provided. Each of the Three (3) tanks shall be located in the central Texas area or in an area with similar dimatic conditions as the City of Round Rock. F. For consideration for approval as an equal coating system the detailed side -by -side comparison shall be submit, with successful bidder's Shop Drawing at the time of the Pre - Construction Conference to be held on November 15, 2002, along with any proposed monetary adjustments to the contract price. As with all shop drawings final approval rest with the project engineer. G. As a minimum standard any equal coating system shall have a five (5) year service history on its exterior prime coat and a five (5) year service history on its interior prime coat. 2.) Bidders shall acknowledge receipt of each addendum with their bids. Page 2 of 2 1.0 NOTICE TO BIDDERS Macintosh HD:Users:jkooun:Desktop:notice to bidders Final.doc NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled "2002 - 2003 Water Storage Tank(s) Rehabilitation" (project includes the sandblasting, coating and general repairs of six tanks as follows: WTP 1.0 MG Clearwell, WTP 2.0 MG Clearwell, Lake Creek 0.5 MG GSR, Chandler Creek 0.75 MG Elevated Tank, McNeil 0.75 MG GSR and S.E. 2.5 MG GSR) will be received until 10:00 AM on October 15, 2002 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "2002 - 2003 Water Storage Tank(s) Rehabilitation ". No bids maybe withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 2008 Enterprise Drive, in Round Rock, Texas (512- 218 -5555) beginning October 4, 2002 for a non - refundable charge of $75_00 per set. A MANDITORY PRE - BID CONFERENCE will be held at 10:00 a.m. on October 10. 2002 at the City of Round Rock Department of Public Works, 2008 Enterprise Drive, Round Rock, Texas, (512) 218 -5555. Representatives of OWNER and ENGINEER will be present to discuss the project. Bidders are required to attend the conference in order to qualify for bidding this project. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. 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: Monday, September 30, 2002 Thursday, October 3, 2002 Monday, October 7, 2002 NB -1 F: \Old Compaq PCU ob- Files\ ROUNDROCK\ Specifications \notice to bidders Final.doc 2.0 BID DOCUMENTS 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. Macintosh HD:Users:jkonun:Desktop:Bid Docs Final .doc BD -1 BD -2 F:\Old Compaq PCUob- Files \ROUNDROCK\ Specifications \Bid Docs Final .doc 2 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject 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. Bidders must bid all three (3) Proposals (A, B and C). The award will be made to the lowest responsive bidder. The City reserves the right to award each Proposal to a separate bidder or any combination up to award of all three (3) Proposals to one bidder. 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. 3 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 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 finished 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 BD -3 F: \Old Compaq PCUob- Files \ROUNDROCK\Specifications\Bid Docs Final .doc BD -4 18. No conditional bids will be accepted. F: \Old Compaq PCUob- Files \ROUNDROCK\specifications\Bid Docs Final .doc 4 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. 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). BID BOND 5 KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly bound unto the hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF 2002 -2003 WATER STORAGE TANK(S) REHABILITATION" for which bids are to be opened at the office of the OWNER on October 15, 2002. NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the two (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this _day of Principal: Surety: By: By: (Seal) (Seal) BD -5 F: \Old Compaq PC\Job- Files \ROUNDROCK\Specifications\Bid Does Final .doc KNOW ALL MEN BY THESE PRESENTS, that we Gulf States Potective Coatings, Inc. as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid - -- Dollars ($ 5% of G.A.B. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2002 -2003 Water Storage Tank(s) Rehabilitation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of October , 2002. C p 114 tt az.._ o 111 (Wiin "l ReS Skillern (Witness) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond City of Round Rock, Texas AIA DOCUMENT A310 • BID BOND • AIA ° • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N Y. AVE., N.W., WASHINGTON. D.C. 20006 Gulf States Protective Coatings, Inc. (Principal) (Seal) p o, N(I 424 (Title) Western Surety Company (Surety) ! (Seal) Charles A. McClure (Title) lr Attorney -In -Fact 1 I 1 , 1 t 1 Know All Men by These Presents: (Irrevocable) No. SP- 22717860 That this Power of Attorney is not valid or in effect unless attached to the bond which It authorizes executed, but may be detached by the approving officer if desired. That Western Sure Corn any, a corporation, does hereby make, constitute and appoint the following THREE © authorized individuals: AUTHORIZED INDIVIDUALS CHARLES A MC CLURE KENNETH.L MEYER AUTHORIZED INDIVIDUALS GARY. L TIMMONS to the City of CYPRESS State of TEXAS with limited authority, its true and lawful Attomey(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: BID PERFORMANCE AND /OR PAYMENT BOND IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS AND LETTERS OF INTENT MAINTENANCE AND WARRANTY BONDS PROVIDI THE BOND PENALTY DOES NOT EXCEED FIVE MILLION AND NO /100 DOLLARS ( * *5 000 000.00). *** * * ********************************** * ** * * * ** * * * * * * **# * * * * * * *** * *** *************************************** * * * * * * * * * * * * * * * * * * * * * * * * *** * * ** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of SEPTEMBER 30 2007 WESTERN(SUREITZOMPANY funher certifies that the following is a eve and exact copy of Section 7 of the By -laws of Western Surety Company, duly adopted and now to forc4to-iut*"Sectton 7'AR bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate twee of the Company by r&', Pre,stden4 ° S t ecictary,an y fAsssistant Secretary. Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President. any Vice Pr irEA:Senetary�my Asiistdm:Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the emit mike ncc`C seal is not necessary for the validity of any bonds, pokes. undertakings, Powers of Attorney or other obligations of the corporation. The ii such offeerlend,thecorpomte seal may be pnnted by facsimile" "air penal amount of the bo`ndfherem descnbed may be increased if there is attached to this Pawn, written authority no euthonrsng in the form of an endorsement, letter or teekgrarn stgoed by the Senmryndersvrrting Officer, Underwriting Officer, President- Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western Sinety3Conip auttiorrzing said increase y i KITNESS WHEREOF; V?cstem Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 1st day6f}, Wi,L_ ... Apfilri.. 2002 WESTERN SURETY COMPANY y yY lin V tw, ss STATE OF SOUTH DAKOTA By COUNTY OF MINNEHAHA On this 1st day of April in the year 2002 before me, a Notary Public, personally appeared Paul T. Bmfat, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said Instilment to be the voluntary act and deed of said corporation s 4 • • D. KRELL NOTARY PUBLIC L 6OOTN DAKOTA • *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. Form 749-4 -2002 POWER OF ATTORNEY but until such time shall be irrevocable and in full force and effect. By Senior Vice Pre ent Notary Public, South Dakota My Commission Expires November 30, 2006 I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney a in full force and effect and is irrevocable; and funhermom. that Section 7 of the By-Laws of the company as not forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this • 29th day of October , WESTER- SURETY COPANY Senior Vice Pre'fdent NOTICE: This border must be BLUE. If it Is not BLUE, this Is not a certified copy -► Form F6944 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. SP 22717860 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822 -5000 4,..:- -, , , --•..'"*.' ... V'' : ' • _ ;:rYt,..4 ,,....-3 .r.:1 '.- ,, • - ,• --;”•,..:,••••irt.Q. ', ?.,•7;;,,, -,.. -,.`,,,Xs '% - • .,,,,,,..,,, ,„ -,,, . :i ,4,, , ,, . , - '-'•''" • '''•'. ,, " • ,: . . ........ „4. ' a • , ' ..111. 4 21:611 .'.41' . ., . • . . flj It 1 : ' ; '.... tjPIAS"A16 + . • S Ir teff.V '444V.NY.;`,1,1e..-',....:11..tt,f±k.4•Icki-Vg4,9gi:V615115tAettitt4 ,,74,1,rtit...e...,, ' r^, ,: f .. 02 - ,'::' 'S.9 - - ..Mt.e■Rtr,-V:a?V*r-: jr...:1e,YAVI , .1. ,, e-.: ,, , , C . '4;;If`r; '-^.= ,-. % •." - * • - - '- ROCK'--- _ y.- .., 4 °, .fr ::;,, ; - ... ,,,.. _,- , IW'' '''s6'-';''''A'''''-'444;1`2.0‘0-2tr.004*.31N.11krElIT—Olifik-detAkk(S) REHABILITATION .. , --.• •• • --:- •• , -.;,-- : ,-.. ; AT. •,•-• .• • • . - -;J• w• -1•-• i - '"'" '"- ,:-. - 't ,"'''' fr4,:e, g., - '''',:`:.- .- 111 !''''itl.":41'.'fri!alilfjltail.8-811-iiiiillr_Olii:tttd.i8.41§- etailt 1,6010.013112_1/Eg,,,n6r,p,ORi:OP:46 ,s to perfOln4li , I - ...-:-.4.,,WORKWOr.:",!,,,V;371,14, 1:1,1'613110ti:Okcitit2002-200337xWATER i=r STORAGE .,,' t ANK(S) REt in strict adqopdap,qtrttj4t1i29,014. 313A,_ CT 90CylvIENTS , with in the - time set forth therein, and at the priOes , . . ''.: ', zi r-'--:- . . • , .,i - , - . - .., - - I - B y submission of this BID,: each :BIDDER:.,Cortifie, that this BID has been arrived at ' indeperkieritly, without consultaticin;:abmikiiircAtien,",Or agreement as to any matter -., I • relating to this BID with any other BIDDER OrWIttian'yacirttp:etitb-r.' ' • ' . .. -., -; . BIDDER hereby agrees to commence WORK under this contract on or before a date to I be specified in the NOTICE TO PROCEED , and to substantially complete by date(s) indicate d In the proposal and fully complete the PROJECT within 30 calendar days thereaftei BIDDER further agrees to pay as liquidated damages, the sum of I $1;tiboiciik until substantial thriipletion'anb $500lday,until final completion. .. . . , BIDDER acknowledges receipt of the following ADDENDUM: Addendum No. Date Received ge 1 / 2-trilne Bid prices must be shown in Script and Numbers for each item listed in the Proposals, and in the event of a discrepancy, the words shall control. BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sum and in accordance with the Project Schedule: Item No. No. of Units Unit P.B.1. CITY OF ROUND ROCK PROPOSAL B - LAKE CREEK TANK CONSTRUCTION TIME: FEB. 14, 2003 THRU MAY 3, 2003 em an r ru - ce ' (fill In both Script and Numbers) 1 LS. For furnishing all materials, equipment, labor, and superintendence and Incidental work to refurbish, sand blast, prime, and paint the INTERIOR of the existing 500,000 gallon ground storage tank, Including nut and bolt replacement inside of tank, ladder, testing and disposal of sand blast media, as required to provide a serviceable facility that is structurally sound and safe, as detailed in these specifications, complete in place, for the sum of F .4 wn 11Noo54,4 D Dollars gt.fto0 1)4;1 1 r5 Cents cO per Lump Sum $ y2 F B 2 1 L.S. For furnishing all materials, equipment, labor, and superintendence and incidental work to refurbish, sand blast, prime, and paint the EXTERIOR of the existing 500,000 gallon ground storage tank, Including ladder, vent, manways, railing, etc, testing and disposal of sand blast media, as required to provide a serviceable facility that is structurally sound and safe, as detailed in these specifications, complete in place, for the sum of "IL%%; StG41 1 LDo ArA1 Do llars X10 /10 0 C ents m ($3:402_12). per Lump Sum $ 31 0 00 P 8 3 1 L.S. For furnishing all materials, equipment, labor, and superintendence and incidental work to fully SHROUD THE ENTIRE EXTERIOR of the existing 500,000 gallon ground storage tank, including anchors, outriggers, cables, etc, as required to fully contain blast and paint emmissions, as detailed in these specifications, complete in place, for the sum of I C FI I' l h0U5hn11 nlolloD $e ($ oon per Lump Sum _I OOP _ 1 Dollars Cents Total Amount man• rn ce (MI In both Script and Numbers) Total Amount Item No. No. of Units Unit P.6.4. 1 L.S. For furnishing at materials, equipment, labor, and superintendence and incidental work to Install a 36" MANWAY, Including stiffner plates, bolts gaskets, welding, etc, as detailed In these specifications, complete in place, for the sum of j o0it 11.005/01. Dollars 40/100 Cents (S ' ro00I1L), per Lump Sum $ F B 5 1 L.S. For furnishing all materials, equipment, labor, and superintendence and Incidental work to install a 24" ROOF VENT, Including flanged connection, bolts gaskets, welding, etc, as detailed in these specifications, complete in place, for the sum of I kf`eE Dollars ►la /oo Cents ($300D132), per Lump Sum $ 3, OD P.B.S. 1 L.S. For furnishing all materials, equipment, labor, and superintendence and incidental work to DEHUMIDIFY the interior of the existing 500,000 gallon ground storage tank, including hoses, filters, etc, as detailed in these specifications, complete in place, for the sum of Fi l 1.00sA-4 b Dollars k k o D0 Cents a0 ($ 7000 ), per Lump Sum $ 5 000 es Ll omo Item No. No. of Units 40 P.6.7. man Unit (fill In both Script and Numbers) MHR For furnishing an materials, equipment. and labor to perform welding repairs of rafters, bridging clips, girder connections, etc. at various locations, complete in place, for the sum of re t 10-1 ''E Dollars B/r pp Cents ($_155, per Man Hour P 20 TUBE For furnishing all materials, equipment, and labor to perform caulking (Sikafiex) of rafters/roof connections, etc. at various locations, complete in place, for the sum of F191 Me ($ °s� per Tube Total Amount $ 1 L OO Dollars Cents $ OOH P.B.9. 1 L.S. For furnishing all materials, equipment, labor, and superintendence and incidental work to install a 20" CLOW FLAP VALVE, including flanged connection, bolts gaskets, welding, etc, as detailed in these specifications, complete In place, for the sum of II vJ0 111.00.5,t4 Dollars n10 /Ia0 Cents ($ 2,000 per Lump Sum $ 2 000 LAKE CREEK TANK t310 SUB -TOTAL AMOUNT BID FOR PROPOSAL B (ITEMS P.B.1 thru P.B.9) $ 0 5t '3. O d PROPOSAL B - CHANDLER CREEK TANK CONSTRUCTION TIME: NOV. 4, 2002 THRU FEB. 14, 2003 man• rn 'r co (fill In both Script and Numbers) Item No. No. of Units Unit P B 10 1 L.S. For furnishing all materials, equipment, labor, and superintendence and incidental work to refurbish, sand blast, prime, and paint the INTERIOR of the existing 750.000 gallon elevated tank, including nut and bolt replacement inside of tank, ladder, testing and disposal of sand blast media, as required to provide a serviceable facility that Is structurally sound and safe, as detailed in these specifications, complete in place, for the sum of St X1-1 � /r Dollars Cents Dollars Cents Total Amount 41, cool, per Lump Sum $ (o t 00 n P 611 1 L.S. For furnishing all materials, equipment, labor, and superintendence and incidental work to refurbish, sand blast, prime, and paint the EXTERIOR of the existing 750,000 gallon elevated storage tank, including ladder, vent, manways, railing, etc, testing and disposal of sand blast media, as required to provide a serviceable facility that is structurally sound and safe, as detailed in these specifications, complete in place, for the sum of odE 1 t 1 {vaSReb l ..>e.a4.t I 0 co wlM> _ ($12SD00 per Lump Sum $ 12St000 r P B 12 1 L.S. For furnishing all materials, equipment, labor, and superintendence and incidental work to fully SHROUD THE ENTIRE EXTERIOR of the existing 7500,000 gallon ground storage tank, including anchors, outriggers, cables, etc, as required to fully contain blast and paint emmissions, as detailed in these specifications, complete in place, for the sum of Ft 41 p,4E 1 L005hAlp Dollars `A0 Cents bo ($ r p0 ^ per Lump Sum bo $ SS oo man• rn Ce Item No. No. of Units Unit (fill In both Script and Numbers) P.B.13. 1 L.S. For furnishing all materials, equipment, labor, and superintendence and Incidental work to Install a 24" ROOF VENT, Including flanged connection, bolts gaskets, welding, etc, as detailed in these specifications, complete In place, for the sum of i% PEE .1111 , D Dollars rle /to° Cents t $3° . Total Amount per Lump Sum $ 3, 00 O P.8.14. 1 L.S. labor , furnishing and superintendence and incidental work to DEHUMIDIFY the interior of the existing 7500,000 gallon ground storage tank, Including hoses, filters, etc, as detailed in these specifications, complete in place, for the sum of '1 . ih e kEEA l koU'9dti h1Y R E t�41p Dollars Alt At O Cents 1 42 per Lump Sum P B 15 40 MHR For furnishing all materials, equipment, and labor to perform welding repairs of rafters, bridging clips, girder connections, etc. at various locations, complete in place, for the sum of EA CA Cw2= Dollars 10/io0 Cents 4 ($3.-C-1. per Man Hour $ 3,400 0 $ 13t5"0O ,, _ r, ti• CHANDLER x CREEK t--,,,.2...;;-,,e,, • SUB-TOTAL ANII NTBIDFOR ,„.;,. ; PROPOSAL B (ITEMS P,B 10 tlini P.B.16) , E . l kZ•' 'pia . ,; ' - .. SUB- TOTAI:AMOWEBID OR ,. ;• y • , •:� PROPOSAL B (ITEMS B.1 thru P.B.9) swan • - ' camswrr+! Item NO of Unl - Unit 3'(fill lir bpt(:SCCiEPtrand Numbers) »44- A.44 Amount .„,,.:.,.. ,:. ry ..+r M�'C.�y,•. 4, „,, ,..,„,t,,,m,7V:i=,,,,, +,, y W��Y„,YT. .„,,,,` :,. a c : •P .B.16• :-..,4; . -s, „ 2U , :`.2.11,,, E nd labor to rtn ca a ul k ln9 l l ) Slkaftex ofd ;r r. .. xa , ' ` '• "rafteislroof eonneCfions�o etc atyarlous 1'ocatI Co, letel "n plaaerforthe sum'of =^" -.-.: w- » =` - =. i ' "= . i t' O • f - 'a. " , . - ..:,..n :,..DotlarsTty, TT, is :i.':. : -• s ,s ....?''''..4.':1:. rrr n'''?r2 40 .4.4i-wn. . 00 . ri =..t JpW .) Per Tube �• '.$ s' oo • a 13.1,9t. t. 4 vi1•;`F= A' .rYn..x : - h+ A):01 � 9.D.:7°' W. .i 3i' i> p..'`tk... � .c-.. :F:•' .gb ; Y.v".. . .:: .�.'^ r.._ rz',6"ti?°a'S'.r'�sr d ,- ., . ..:,i, `.. '`'S 10290 TOTAL AMOUNT BID FOR CP PROPOSAL B (ITEMS P.B.1 thru P.B.16) $ S46,9 00 CONTRACT SEPARATION FOR MATERIALS MD LABOR . . TOTAL MATERIALS COST $ • 1 13- 100 oQ. TOTAL ALL OTHER CHARGES $ 2S 000 TOTAL CONTRACT PRICE - PROPOSAL B $ 3 6 i q f MB • • MI MI MI MB OM MI • • t• UM • IS • MN I MI Task Name 2002 - 2003 Water Storage Tank(s) Rehabilitation DESIGN PHASE BIDDING AND AWARD PHASE CONSTRUCTION PHASE Pre - Construction Meeting Notice to Proceed Proposal A WTP 1 MMG WTP 2 MMG Proposal B CHANDLER CREEK LAKECREEK Proposal C MCNEIL S.E. TANK 2002 -2003 Water Storage Tank(s) Rehabilitation Duration Start Finish 385 days Wed 9/4102 Fri 2/20/04 15 days Wed 9/4102 Tue 9/24/02 41 days Thu 9126/02 Thu 11 /21/02 328 days Fri 11/22/02 Fri 2/20/04 1 day Fri 11/22/02 Fri 11/22/02 1 day Mon 11/25/02 Mon 11/25/02 97 days Mon 11/25/02 Fri 414/03 49 days Mon 11/25/02 Tue 1/28/03 48 days Wed 1/29/03 Fri 4/4/03 132 days Mon 11/25/02 Fri 5/23/03 77 days Mon 11/25/02 Fri 3R/03 56 days Fri 3/7/03 Fri 5/23/03 327 days Mon 11 /25/02 Fri 2/20/04 237 days Mon 11/25/02 Frl 10/17 /03 80 days Mon 11/3/03 Fri 2/20/04 A[s1°INID V= 2003 J� MIA 46 wKwlndbw; busT MOO IMIJ I IA IS 1° NI D 2004 JIFIM IP g. moos wks. The co above finished shall include of the seve labor, called teri for overhead, profit, insurance, etc., to The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans, specifications and Project Schedule shown herein to the satisfaction of the Engineer. The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered in the above bid, , and that submitted as correct prices contained in the proposal have been carefully The city reserves the right to eliminate any bid item in the proposal not to exceed twenty -five percent of the total bid price. Respectfully submitted: Name & Address By : a'kde 0. Mk% 01.1 lc 5 h stot.A.-tl E CDit-V AAs SI . pgs. Eli Company Name 2o� n I /. St'. Address Lit ?ors-i-a exks S City, State, & Zip r 4315 Telephone No. Contractors bidding these projects shall list at least 10 tank painting jobs completed in the last three (3) years. CAPACITY /HEIGHT TANK STYLE sea h i i lkc1kA L: I eJA &N 5 I An A LOCATION STATEMENT OF BIDDERS QUALIFICATIONS Date Organised: November 2, 1989 Type of Work Performed: Completed Projects: Work in Progress: Major Equipment Available: Resumes of Key Personnel: Financial References: Bonding: Ground Storage and Elevated Tank Rehabilitation / Municipal Water Plant Construction and Repair / Abrasive Blasting / Welding and Fabrication / Protective Coating Applications(s) See Attached Schedule See Attached Schedule See Attached Schedule See Attached Schedule McNeely & Assoc., C.P.A. P.O. Box 5369 Galveston, Texas 77554 409/737 -1711 Mr. Mike Wisner Moody National Bank P.O. Box 1139 Galveston, Texas 77550 409/765 -5200 Mountbatten Surety Company, Inc. do Southern American Insurance Company 13823 Schmidt Road Cypress, Texas 77429 281/890 -9294, Al McClure Gulf States Protective Coatings, Inc., its Principals, and Officers have never failed to complete work awarded, nor defaulted on any contract. The undersigned hereby authorizes and request any person, firm, or Corporation to furnish any information requested by the in verification of the recitals comprising this "Statement of Bidders Qualifications ". By: Jane 0. McKenzie, President Date: 0c4oLef 1.-V 2 z— 1 1 1 1 1 1 GULF STATES PROTECTIVE COATINGS, INC. WORK IN PROGRESS SCHEDULE YEAR 2002 Start Complete Contract Percent Remaining J ob No. Contract / Customer Date Date Amount Compl on Contract 00-174 City Copperas Cove, Texas Feb-01 Feb-02 $ 348,992.00 100% $ 01 -134 City of Lago Vista, Texas Oct -01 Feb-02 $ 110,750.00 100% $ 01 -138 City of Liberty, Texas Oct -01 Mar -02 $ 135,750.00 100% $ 01 -149 City of Center, Tex. - Caldwell Feb-02 Mar -02 $ 68,400.00 100% $ 01 -152 Melville, La. - Caldwell Mar -02 Apr -02 $ 96,100.00 100% 01 -156 City of Woodville, Texas Oct -01 Feb-02 $ 109,930.00 100% $ - 01 -162 City of Irving, Texas Nov -01 Apr -02 $ 317,500.00 100% $ 01 -166 City of Freeport, Texas Nov -01 May -02 $ 285,185.00 100% $ 01 -169 LBJ M.U.D., Horseshoe Bay Nov -01 Mar -02 $ 178,235.00 100% $ 00-172 Terrebonne Parish Dist. #1 Dec -01 Mar -02 $ 340,000.00 100% $ 01 -181 C.B.& I.- Water, Shertz, Texas Dec -02 Feb-03 $ 186,500.00 0% $ 186,500.00 01 -182 City of LaMarque, Texas Jan -02 Jun -02 $ 242,650.00 100% $ - 01 -195 Calcasieu Parish Dist. #8 Feb-02 Jun -02 $ 153,500.00 100% $ - 01 -197 C.B.& I.-Water, Kemah, Tex. Aug -02 Oct -02 $ 96,100.00 94% $ 6,050.00 01 -199 City of Friendswood, Texas Feb-02 Feb-03 $ 417,050.00 32% $ 134,900.00 01 -202 City of LaPorte, Texas Feb-02 Apr -02 $ 51,750.00 100% $ - 01 -203 C.B.& I.-Water, El Paso, Tex. Aug -02 Nov -02 $ 400,650.00 41% $ 163,900.00 02 -101 City of Ruston, Louisiana Feb-02 May -02 $ 194,000.00 100% $ - 02 -102 City of Bryan, Texas Feb-02 Mar-02 $ 24,000.00 100% $ 02 -110 ASCO Petroleum Feb-02 Feb-02 $ 15,000.00 100% $ 02 -114 City of Hempstead, Texas Feb-02 May-02 $ 123,625.00 100% $ 02 -119 Hams County W.C. & I.D. 36 Mar -02 Sep-02 $ 343,125.00 100% $ - 02 -132 Caldwell- LaGrulla, Texas Mar -03 Apr -03 $ 50,750.00 0% $ 50,750.00 02 -135 City of DeRidder, La. Apr -02 Jun -02 $ 87,000.00 100% $ - 02- 136 Caldwell - Jacksonville, Texas Dec -02 Feb-02 $ 119,900.00 0% $ 119,900.00 02 -138 Buena Vista - Buell S.U.D. Apr -02 Jun -02 $ 76,750.00 100% $ - 02 -139 Caldwell- Hudson Oaks, Texas Feb-03 Mar -03 $ 70,900.00 0% $ 70,900.00 02 -140 T.D.J.C. - Ellis Unit, Huntsville Mar -02 Mar -02 $ 3,500.00 100% $ - 02 -141 Caldwell -Lamar County, Texas Feb-03 Mar -03 $ 35,000.00 0% $ 35,000.00 02 -144 Sarita Water Supply Co. Apr -02 Apr -02 $ 28,080.00 100% $ - 02 -145 City of Taylor, Texas Apr -02 Apr-02 $ 5,850.00 100% $ 02 -146 Package Management Apr -02 Apr -02 $ 2,250.00 100% $ 02 - 147 Quail Valley Utility District May - 02 Jul - 02 $ 61,750.00 100% $ - 02- 148 Landmark- Friendswood, Texas Aug -02 Oct -02 5 78,000.00 100% $ 02 -149 Lavaca Navidad River Auth. May -02 Oct -02 $ 78,743.00 100% $ 02 -150 Walker County Water Repair Apr -02 Apr -02 $ 4,500.00 100% $ 02 -151 TDCJ Ferguson Unit Apr -02 Apr -02 $ 1,500.00 100% $ 02 -152 TDCJ Ellis Unit Repair Apr -02 Apr -02 $ 1,750.00 100% $ 02 -153 City of Llano, Texas Apr -02 Apr -02 $ 11,550.00 100% $ - 02 -155 Village of Quitman, La. Feb-03 Mar -03 $ 64,390.00 0% $ 64,390.00 02 -157 Caldwell- St.Gabriel, La. Feb-03 Mar -03 $ 106,000.00 0% $ 106,000.00 1 1 1 i I I 1 1 1 02 -158 Santa Water Supply Co. May -02 May -02 $ 24,750.00 100% $ 02 -161 City of Godley, Texas Jul -02 Aug -02 $ 18,875.00 100% $ 02 -162 Lockheed Martin, New Orleans Aug -02 Oct -02 $ 120,860.00 100% $ - 02 -165 Caldwell- Diversified, Coy., La. Feb-03 Mar -03 $ 63,675.00 0% $ 63,675.00 02 -166 Caldwell - Oilton, Texas Feb -03 Mar -03 $ 24,455.00 0% $ 24,455.00 02 -167 Caldwell -Bay Springs, Miss. Oct -02 Nov -02 $ 48,350.00 0% $ 48,350.00 02 -168 CB& I - El Paso Utilities Feb-03 Apr -03 $ 158,805.00 0% $ 158,805.00 02 -172 Garland, TX Jul -02 Aug -02 $ 65,000.00 100% $ 02 -176 Advance - Lufkin, Texas Jun -02 Jul -02 $ 23,800.00 100% $ 02 -177 Advance - Zavalla, Texas Jul -02 Aug -02 $ 13,200.00 100% $ 02 -179 State of La. - Ruston Dev.Cntr. Aug -02 Oct -02 $ 75,000.00 0% $ 02 -180 City of Taylor, Texas - Repairs Jun -02 Jun -02 $ 4,600.00 100% $ - 02 -185 Lavaca Navidad River Auth. Aug -02 Sep-02 $ 37,580.00 0% $ 37,580.00 02 -186 City of Pasadena, Texas Sep-02 Apr -03 $ 541,500.00 10% $ 497,676.50 02 -190 Caldwell - Corbett W.S.C. Nov -02 Dec -02 $ 42,850.00 0% $ 42,850.00 02 -196 MSC Corporation Aug -02 Aug -02 $ 8,250.00 100% $ 02 -199 City of Tomball, Texas Aug -02 Aug -02 $ 2,250.00 100% $ - 02 -201 Caldwell - City of Anson, Tex. Mar -03 Apr -03 $ 72,215.00 0% $ 72,215.00 02 -205 Galveston County WCID #1 Oct -02 Jan -03 $ 239,800.00 0% $ 239,800.00 02 -208 Caldwell - Rosharon, Texas Feb-03 Mar -03 $ 54,400.00 0% $ 54,400.00 02 -209 Caldwell - St. Martin Parish Mar -03 Apr -03 $ 89,000.00 0% $ 89,000.00 02 -210 Clear Lake City #3 Oct -02 Dec -02 $ 110,000.00 0% $ 110,000.00 02 -214 City of Shertz, Texas Oct -02 Mar -03 $ 271,950.00 0% $ 271,950.00 02 -219 CB &I - Rockwall, Texas Oct -03 Jan-04 $ 194,740.00 0% $ 194,740.00 02 -222 Fern Bluff, MUD, RndRock, Tx. Nov-02 Feb-03 $ 237,000.00 0% $ 237,000.00 02 -227' Caldwell - Moulton, Texas Apr -03 Jun -03 $ 114,700.00 0% $ 114,700.00 02 -228` Caldwell - Sebastian, Texas May -03 Jun -03 $ 37,905.00 0% $ 37,905.00 02 -229 Timber Lane Utility District Nov -02 Feb-02 $ 168,300.00 0% $ 168,300.00 02 -230' Caldwell - Universal City, Tex. Oct -03 Dec -03 $ 105,000.00 0% $ 105,000.00 02- 231'^' City of Jersey Village, Texa Nov -02 Feb-03 $ 178,000.00 0% $ 178,000.00 02- 237** City of Del Rio, Texas Nov -02 Mar -03 $ 532,200.00 0% $ 532,200.00 02 -239* West Memorial M.U.D. Nov -02 Feb-02 $ 126,730.00 0% $ 126,730.00 02 -244 McGuire Iron -City of Sealy, Tx. May -03 Jul -03 $ 60,600.00 0% $ 60,600.00 Work Under Contract: As of _ Oct -02 $8,993,295.00 Total Work to be Completed: Work Completed 2001 on Contracts: Work Completed 2002 Total - Year To Date: * Notice of Award '* Low Bid - Award Pending $ 4,404,221.50 $ 976,130.50 $ 3,612,943.00 $ 8,993,295.00 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this ' `�f' > — day of Qom, 20 0 . by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Nyle Maxwell, Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and ( Contractor) CttxIf Skca}tk ?raktcbvc.CoahinxJsof 1_ Porte. . , Texas, County of 14 t cc i , 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: ao03.- -acky3 b ikafiio I?toje - 'PcopttAl 13 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 , 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 calendar days after the date written notice to do so have been given to him, and to complete the same within 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. postbld.msthpec muter PBD -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) (CONTRACTOR) BY: ATTEST: e Maxwell Mayor OluaturvY) City Secretary Corporate Seal pastbid.mst/spa master -- ('–„lc S I8 1 1 LDJIts, BY: AkL O. =L!i its /a (Typed name) (Title) Signed: ( wuM PBD -2 ATTEST: Secretary, if Contractor is a( Corporation or otherwise reps r Lri with the Secretary of State (The following to be executed if the Contractor is a Corporation.) I, I nh V i s R. M & s�CAI2I C , certify that I am the Secretary of the Corporation named as Contractor herein; that ^A.* 0 )4 AI L i , who signed this Contract on behalf of the Contractor was then - I'B'C –s i Dea 1 (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. PERFORMANCE BOND THE STATE OF TEXAS Bond No. SP- 22717870 COUNTY OF WILLIAMSON Gulf States ' KNOW ALL MEN BY THESE PRESENTS: That City of La Porte County of Protective Coatings, Inc. of the Harris , and State of Texas , as Principal, andaestern Surety compantiuthorized 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 Three Hundred Sixty -Six Thousand, Nine Hundred- dollars ($ 366,900.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the' day of , 20 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: 2002 -2003 Tank(s) Rehabilitation Project - Proposal B 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. ' postbld.mst/spee master PBD -3 PERFORMANCE BOND (continued) Bond No. SP- 22717870 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 20 Gulf States Protective Coatings, Inc. Principal Pr esident Title 201 North 16th Address La Porte, Texas 77571 Resident Agent of Surety: Southern American Insurance Agency, Inc. Printed Name 13823 Schmidt Address . Cypress, Texas 77429 City, State & ip Code n VN laf. Signature K nneth L Meyer, President and Local Recording Agent po,[bid.mn/hpec muter PBD-4 Western Surety Company Surety By: apii,„_6(._ Attorney -In -Fact Title 950 Echo Lane, Suite 250 Address Charles A. McClure Houston Texas 77024 1: THE STATE OF TEXAS COUNTY OF WILLIAMSON Gulf States KNOW ALL MEN BY THESE PRESENTS: That Protective Coatings, Inc. ,of the City of La Porte County of Harris , and State of Texas as Principal, and Western*** 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 Three Hundred Sixty -Six Thousand & 00/100 — Dollars ($ 366,900.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 20 , 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: port bWatnUspre mu ter PAYMENT BOND 2002 -2003 Tank(s) Rehabilitation Project - Proposal B PBD -5 Bond No. SP- 22717870 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. * ** Surety Company PAYMENT BOND (continued) Bond No. SP- 22717870 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 day of Gulf States Protective Coatings, Inc. Western Surety Company Principal Surety President Title Address 201 North 16th La Porte, Texas 77571 Houston, Texas 77024 - Resident Agent of Surety: Southern American Insurance Agency, Inc_ Printed Name 13823 Schmidt Address Cypress, Texas 77429 City, State & Zip Code gnature Kenneth L. 1 eyer, President and Local Recording Agent pmtbld.msthpec muter PBD -6 20 . By: //- viz % /c,� arles A. McClurg '-J Attorney -In -Fact _ _ Title 950 Echo Lane, Suite 250 Address � 1 I Ii II I. I I 1 I 1 1 BOND NUMBER SP- 22717870 KNOW ALL MEN BY THESE PRESENTS, That we, Gulf States Protective Coatings, Inc. (hereinafter called the "Principal') as Principal, and the Western Surety Company a Corporation duly organized under the laws of the State of South Dakota and duly licensed to transact business in the State of Texas (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of Three Hundred Sixty -Six Thousand, Nine Hundred & 00 /100 dollars ($ 366,900.00 ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this day of , A.D. two th and WHEREAS, the said Principal has heretofore entered into a contract with THE CITY OF ROUND ROCK, TEXAS Dated , 20 , for construction of: WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of (1) one year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of (1) one year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas pmtbid.msUspec master WARRANTY BOND 2002 -2003 Tank(s) Rehabilitation Project - Proposal B PBD -8 AMOUNT $366,900.00 'us. 1 ?r .0.4q 4,,(.."..:I II r r r I I R 1_ I? WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Gulf States Protective Coatings, Inc. Western Surety Company Principal President Title 201 North 16th Address La Porte, Texas Resident Agent of Surety: Southern American Insurance Agency, Inc. Printed Name 13823 Schmidt Address Cypress, Texas 77429 'ty, State & Zip ode Mey esid =nt gnature and Local Recording Agent postbld.mse/spec muter Title PBD -9 Surety By: Charles A. McClure L 7 3 IvfL +L. 950 Echo Lane, Suite 250 Attorney -In -Fact Address Houston, Texas 77024 Bond No. SP- 22717870 ■ its. 1' (Irrevocable) Know All Men by These Presents: That this Power of Attorney is not valid officer if desired. That Western Sure Corn THREE AUTHORIZED INDIVIDUALS :CHARLESMC CENNETH AUTHORIZED INDIVIDUALS in the City of CYPRESS State of TEXAS with limited authority, its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following descnbcd bond BID, PERFORMANCE, AND/OR PAYMENT BOND, IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS, AND LETTERS OF INTENT, MAINTENANCE AND WARRANTY BONDS, PROVIDING THE BOND PENALTY DOES NOT EXCEED FIVE MILLION AND NO/100 DOLLARS (**5 000 000.00) *********************#*#****************************4***4*******;***** ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of SEPTEMBER 30 2007 WESTERNISI3iitiZCDIXIPANY further certifies that the following is a true and exact copy of Section 7 of the By-Laws of Western Surety Company, duly adopted and now in forcelsic'EVACESktion„14,11 bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by ttl Presidenr, Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice PreldCF( or the Treasurer may appoint Attorneys in Fact or Agents who shall have authonty to issue bonds, coheres, or undertakings in the nrdne:Ogth4ompatiliirire,epqxjale seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The gtireuktany such ofFier?itA,Ihthfiorporatc seal may he printed by facsimile." E nejoepaLziniTunt descnbed may be increased if there is attached to this Power, written authonty to authonsing hr the form of an endorsement, letter or IA-earl wined Ikthe 9 Officer, Underwriting Officer, President, Vice President, Assistant Vim President, Treasurer, Secretary or Assistant Secretary of Western Stitet)5AmpenpeallEally,eattljp said increase „EsgffFNE-s.S " Surety Company has mused there presents to be executed by its Senior Vice President with its corporate seal allured this St 2002 4.*4. 4;0:11ot:;;I:7C -5 STATE OPSOUTII -1)AiOTA COUNTY OF MINNEHAHA On this 1st POWER OF ATTORNEY No. SP- 22717870 • A or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving any, a corporation, does hereby make, constitute and appoint the following authorized individuals: but until such time shall be irrevocable and in full force and effect. By WESTERN SURETY COMPANY Senior Vice PreulSent d y of April in the year 2002 before me, a Notary Public, personally appeared Paul T Mullet, who being by me duly sworn, acknowledged that he signed the above yearn of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation D. KRELL dib%gti Notary Public, South Dakota My Commission Expires November 30, 2000 I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the By-Laws of the company as set faith in the Power of Attorney, is now in force In testimony whereof, I have hereunto set my hand and the oral of Western Surety Company this " day of WESTER-.N SURETY COMPANY *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as the bond. Form 749-4-2002 Senior Vice Pre NOTICE. ma border must be BLUE. If a Is not BLUE, this lunar a certified corn. -I. By Form F6944 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. SP- 22717870. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822 -5000 d5a: ie ,LP- �R; ;aa B3,L {3ffP CERTIFICATE OF LIABILITY INSURANCE PRODUCER GO;Kr nNlms AFFORDING COVERAOR 713- 586 -4305 Dean and Draper Insurance Agency, Inc. A Gemini Insurance fompany 3131 West Alabama, 4th Floor Houston, Texas 77098 s Travelers Ind of FT Jocie Paul INSURED C American International Specialty Gulf States Protective Coatings, Inc. D 201 N. 16th Street, LaPorte, TX 77571 above IS TO CERTIFY THAT the Insured named above is insured by the compenux txS listed d ab S of the avewit rnespec act to policies t t the business operations operations hereinafter described, far the types of insurance and in accordance with the 1trQ the companies, and it whet hereinafter described. aenepttons to the policies are uotod below. L T TYl1 OFiHtitlRANC6 POLICY EFFECTIVE EDD(ATION ATE [pnl'15 LT NUMBER DATE QENERALAgGV9aTS L1 Ol oD A GEN6RALLiAB[Ltl'Y VIGP002569 06/12/02 06/12/03 ciooucsurruvP✓OP $2,000,000 REMOVAL ApLEROJRY ti.000,000 EACH0CC ZNI 51,000,000 FIREDAM 1 (Any owii,c) 5 50,000 MIMIE PE3v`SA(AnywmWw* S 5,000 a AtrfohtasILnuAnit!IY CAP677K4290 06/12/02 06/12/03 COMMBINEDS1ti0LEUMrr $1,000,000 QDf.Y nJti1RY ( Pmpeaon) P 9OO[LY INJ'.IBY (Peracoidentl 5 PROPERTY fAW,GE $ 51,000,000 x1,000,000 exr'F stmennT 1398622 Retention — $10,000 WORKERS' cCN1ENSAT1ON AND Val -Ovum' 1UHnsrs CANER C Pollution 06/12/02 06/12/03 HARBO AGGRRGA Dave: 0 1/P sfrAtvrORYLadne FACE ACCIDP T i DISEASE- FOUCYL17WF Omen= • `L■CN ERSCLOYee Each Lc+ss "1,p00.000 C1'06192327 06/12/02 06/12/03 Total Losses $1,000,000 lied. pe Occurrence $10,000 DESCRIPTION OF OPERATIONS/LOCATIONSNMCLEStEPECIAL frEM,/9)CCEFTIQ Tito City &Round Rock is nomad= additmosi insured with respect tb Alt policies eaccaptWoricars' Complastat sadEmployoreLlC 17. S4culd any o die obeys deattQxdpetioinbeeateelledatalI m5edbetbretheeaplro riaadatatherm6theissuingaampmy trail thirty Ste) days Initial node;toiho certificate holds twit qe4 Ldow. CERTIFICATE HOLDER: yob Eacct ?And Rock, Texea 75664 salt: Insane Load pettbId.medspa »ester B 99dd 7P PBD -7 Title owner S31t'1S Jmn0 60ELErIEZ 60:ST 7,n0r. /Sa /TT ACORD CERTIFICATE OF LIABILITY INSURANC FS OP 1 0 11/01 °^ 11/010 S1 /02 PRODUCER Brown a Broom, Inc , P- 0. Box 1229 Tampa FL 33601 -1229 Phone; 613- 226 -1300 Fax:813- 226 -1313 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 POUCIES BELOW. INSURERS AFFORDING COVERAGE INSURED staffing oncepts National Inc 4224aW Blvd ' INSURER A: Continental Casualty Company INSURERS: INSURER C: INSURER O: INSURER C ..ten,,,- ,...,,",..�...... 1•• I.. .......- ..— .._- ._..._- ..- - - - -- ROWNDRO City of Round Rock 221 E Main St Round Rock TX 78664 --- -- - - - -.- SHOULD ANY OF THE MOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VALI. ENDEAVOR TO MAIL Mg. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LIST, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUT' OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REFUSE P eter La os A � _ ---- • ^_,, ,^ -^ THE ANY MAY POLICIES. v.. , L R POLICIES OF INSURANCE USTED BELOW REQUIREMENT, TERM OR CONORION OF PERTAIN, THE INSURANCEAFFORDEA AGGREGATE MRS SHOWN MAY TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED NAMED ANY CONTRACT OTHER DOCUMENT WITH BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT HAVE BEEN REDUCED BY PALO CLAIMS. POLICY NUMBER ABOVE FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS DATE (MLVCO PERIOD INDICATED. THIS CERTIFICATE MAY EXCLUSIONS AND CONDmoNS RAM/DORM N DATE NOTWITHSTANDING BE ISSUED OR OF SUCH LIMIT S GENERAL LIABILITY T- COMMERCIAL GENERA. LIABILITY EACH OCCURRENCE S FIRE DAMAGE (Any 'ant fire) 5 I CLAMS MADE ❑ OCCUR MED EKP (My one Palm) S PERSONAL B AOV INJURY S GENERAL AGGREGATE S GEHL AGGREGATE OMIT APPPUEES PER 7 mauve O 1 LOC PRODUCTS. COMP/OP AGG S AUTOMOBILE LIABILITY — __ AN/AUTO ALL OWNED AUTOS — SCHEDULED AUTOS - COMBINED SINGLE LIMIT (Fa =Rent) S BODILYINJURY (Per person) S — _ HIRED AUTOS NONAWNSD AUTOS — BODILY INJURY (Perectlamp S PROPERTY DAMAGE (Par moon) S GARAGE UABILITY ANYALrtO AUTO ONLY -EA ACCIDENT S EA ACC 5 %%ONLY. %% ONLY. AGG 5 EXCESS UABUTTY EACH OCCURRENCE 5 OCCUR ■ CLAIMS MADE AGGREGATE S 7 DEDUCTIBLE RETENTION S S 5 5 A WORKERS COMPENSATION AND EMPLOYERS•LLABILTIY wc247839611 05/06/02 - 01/01/03 +TORY MRSI ER E.L PACH ACCIDENT 41,000,000 E.L DISEASE - EA EMPLOYE 3 1, 0 0 0 , 000 E.L DISEASE• POLICY LIMIT 131.000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/OCCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS This coverage is for leased employees and includes an Alternate Employer Endorsement for: GULF STATES PROTECTIVE COATINGS INC COVERAGES :5 §PM ACORD 25-S (7/97) Nv. 625` P. 1/1 1 . i I I I I I 1 1 CERTIFICATE OF LIABILITY INSURANCE PRODUCER GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land postbtd.met/spee muter Date: COMPANIES AFFORDING COVERAGE A B INSURED C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS PBD -7 GENERAL AGGREGATE $ PRODUCTS-COMP /OP AGG. $ PERSONAL & ADV. INJURY 5 EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S EACH OCCURRENCE S AGGREGATE S STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT S DISEASE - EACH EMPLOYEE S 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. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Title: 4.0 GENERAL CONDITIONS 1 1 1 1 1 I 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 2.01 - Owner - Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors 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.mst/spec master 1 1 1 1 I 3. General Obligations 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 Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.mst/spec master 2 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 8. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities 11. Termination 11.01 - Termination by Owner for Cause 11.02 - Termination for Convenience gencond.mst/spec master 3 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Sub - Subcontractor gencond.mst/spec master 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. 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. 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. The term "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. 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. 2. Responsibilities of the Engineer and the Contractor gencond.mst/spec master 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 a representation 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 gencond.mstispec master writing within a reasonable time, which shall not be construed to be less than ten (10) days. 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 gencond.mst/spec master 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 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 finds 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 gencond.mstlspec master The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his gencond.mst/spec master 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. 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, including 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 gencond.mst/spec master work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment ". Otherwise, such additional work shall be paid for as provided under Extra Work. In 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 concerning 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 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 furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided 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 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 shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. gencond.mst/spec master 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 borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether gencond.mst/spec master 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 loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the gencond.mst/spec master Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment; cost or expense: 1. 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. gencond.mst/spec master The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 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 governmental entity. Persons providing services on the project ( "subcontractor" in & 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 gencond.mst/spec master 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. 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 $100,000.00 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. ( c) 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 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 governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 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. gencond.mst/spec master (b) 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 on the project. gencond.mst/spec master 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; 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 (b) (g) the provision of coverage of any person providing services on the project; and 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 of these 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. gencond.mst/spec master 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 as an additional insured thereunder. 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. gencond.mst/spec master 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 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) 2288.021. 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. gencond.mst/spec master 1997 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. 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. Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress WR1001 July 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. gencond.mslispec master 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 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 gencond.mst/spec master 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. 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 gencond.mst/spec master 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 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. gencond.mst/spec master 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. c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not be completed within the contract time. g) Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 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 gencond.mst/spec master Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. 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) gencond.mst/spec master 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 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. gencond.mst/spec master 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. 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. gencond.mst/spec master 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. 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 gencond.mst/spec master 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. 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 eamed 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 gencond.mst/spec master 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. 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; gencond.mst/spec master (2) require that such work be performed in accordance with the requirements of the Contract Documents; 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; obligate each subcontractor specifically to consent to the provisions of this section. (3) (5) 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 gencond.mst/spec master The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, 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. gencond.mst/spec master 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 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 carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: (3) 1. The Contractor shall famish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least gencond.mst/spec master 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. 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 damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. gencond.mst/spec master 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. 11. Termination 11.01- Termination by Owner for Cause Conditions for termination are as follows: 11. 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: 1. 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 2. If a receiver trustee or liquidator of any of the property or income of Contractor shall be appointed; or 3. If Contractor: 1. 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 4. If Contractor: gencond.mst/spec master 1. Shall fail for any reason other than the failure by City to make payments called upon when due, and 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 5. If Contractor: 1. Shall commit a substantial default under any of the terms, provisions, conditions, or covenants contained herein; or 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 3. 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 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. 12. 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. Nothing contained in the preceeding 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 terms 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 gencond.mst/spec master 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: gencond.mst/spec master 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. 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 5.0 SPECIAL CONDITIONS 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 -01 ENGINEER 01 -05 LOCATION The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock (The "City"), 221 East Main Street, Round Rock, Texas 78664, Engineer of the City, or the Engineer's authorized representative to act in any particular position for the City. 01-02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. The City will fumish 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 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be govemed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the City. 01-04 LIQUIDATED 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 City may withhold permanently from the Contractors total compensation, not as penalty but as liquidated damages, the sum of $1,000.00 per calendar day until substantial completion and $500.00 per calendar day until final completion. The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 01.06 USAGE OF WATER The City shall provide all water used during construction. The City 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. 01 - 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 retumed to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION 02-03 GUARANTEES speconimstispecs 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. 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 The City, the Contractor shall repair defects in all construction or materials that develop during specified period and at no cost to The City. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract SC-2 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 The City 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 City. 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 specondinstkpecs The City has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the City may be required to change and /or delete any items which it 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 profits on any portion of work that may be omitted. At any time during the duration of this contract, the City 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 The City 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 City, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. SC -3 02.08 PAYMENT FOR MATERIALS ON HAND The City will not pay for materials on hand. Payment will be made for work completed in accordance with the monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -09 "AS- BUILT" DRAWINGS speamd.nsVspecs The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the City. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 - 10 LAND FOR WORK The City provides, as indicated on Drawings, land upon which work is to done, right -of- way for access to same and such other lands that are designated for the use of the Contractor. Contractor provides, at his expense and without liability of The City, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02-11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocation will be at the Contractor's sole expense. The City will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. SC-4 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract should be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of 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 bid item, Traffic Control, and no additional compensation shall be given for complying with this Special Condition. SECTION 04 BOND Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of sub grade material when the Plasticity Index of the sub grade is above 20. A one (1) year Warranty Bond naming the City of Round Rock as obligee will be required for all other construction. Warranty Bond shall remain in effect for one (1) year or two (2) years, as applicable, from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the City prior to final payment. SECTION 05- SUBCONTRACTS wed mum The Bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this Contract must be supervised by the prime contractor at all times and acceptable to the Owner and Engineer. Subcontracts shall not exceed 50% of total contract price. SC -5 SECTION 06- INSURANCE o 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 The City in care, custody and control of Contractor prior and during construction and warranty period, and fumish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. 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. The City 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's 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 City, 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." SC -6 specmdmsUspecs When offsite storage is permitted, policy will be endorsed for transit and offsite storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self- insured retentions, if any, stated in policies. Any self- insured retention shall not exceed ten percent of minimum required limits. All deductibles or self - insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until The City's Contract Administration Office has reviewed such insurance. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by The City 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 the City. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to termination, cancellation, reduction, or material change of coverage. 3. That the "other" insurance clause shall not apply to the City where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both The City and Contractor, shall be considered primary coverage as applicable. SC -7 Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide The City 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 of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Contractor shall pay actual losses not covered by insurance as required by the section. SC -8 1 1 SECTION 06- WAGE RATES 1 General Decision Number TX000043 Superseded General Decision No. TX990043 State: TEXAS 1 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. 1 Modification Number 0 Publication Date 02/11/2000 ' County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON 1 BRAZOS HAYS COMAL MCLENNAN 1 SUTX2042A 03/26/1998 Rates Fringes AIR TOOL OPERATOR 8.08 1 ASPHALT HEATER OPERATOR 11.00 ASPHALT RAKER 8.00 ASPHALT SHOVELER 7.97 1 BATCHING PLANT WEIGHER 11.00 CARPENTER 10.80 CONCRETE FINISHER - PAVING 9.57 CONCRETE FINISHER - STRUCTURES 8.83 CONCRETE RUBBER 8.52 1 ELECTRICIAN 16.25 1 spewndmslfspe SC -9 1 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 9.79 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 TRAVELING MIXER 7.92 TRENCHING MACHINE, HEAVY 9.92 WAGON - DRILUBORING MACHINE 8.00 specs dsmsUspees SC -10 Fringes 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 WAGE DETERMINATION APPEALS PROCESS Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 SC - 11 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 05.5(a) 1 (ii)) 1.) Has there been an initial decision in the matter? This can be: ! 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 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: 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: 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. spemndmsllspecs Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 END OF GENERAL DECISION SC -12 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 50.00 50.00 58.78 CARPENTER 515.52 51.57 50.97 5000 518.06 CARPET LAYER/FLOORING INSTALLER 58.00 $0.00 $0.00 50.00 58.00 CONCRETE FINISHER $10.27 50.00 $0.00 50.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 50.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 50.00 50.00 50.00 510.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 521.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 51.50 $24.29 FIRE PROOFING INSTALLER 58.00 $0.00 $0.00 50.00 58.00 GLAZIER 513.60 $2.24 $1.15 50.54 517.53 HEAVY EQUIPMENT OPERATOR $10.56 50.00 50.00 $0.00 $10.56 INSULATOR $13.75 $1.16 50.92 $0.03 $15.86 IRONWORKER $12.18 $0.00 $0.00 $000 $12.18 LABORER/HELPER $7.48 $0.02 50.00 $0.00 57.50 LATHER/PLASTERER 512.50 50.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 50.00 50.00 $0.00 $7.75 MASON 516.00 50.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER 511.00 $0.62 $0.00 $0.34 511.96 MILLWRIGHT $15.91 $1.63 51.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 50.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 $0.00 50.00 $12.68 ROOFER 510.00 50.00 50.00 50.00 510.00 SHEET METAL WORKER 518.40 $2.39 $2.55 50.33 523.67 SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER 50.00* $0.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 50.00 $0.00 $15.32 WATERPROOFERICAULKER $10.64 50.00 $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 PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES Date Printed: April 15, 199T *$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for his classification. Govemment Code Title 10, Sec. 2258.023, paragraph C state: AA 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) specondmsl/slxcs SC -13 6.0 TECHNICAL SPECIFICATIONS 1 II ITEM 1 GENERAL DESCRIPTION 1 1.01 SCOPE OF WORK I The work covered by these Specifications consists of fumishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and 1 conditions of the Contract Documents. I 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions herein 1 is a reference to City of Austin Standard Specifications. ' STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City I of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. I Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. I Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. ITEM 2 CONTROL OF WORK 2.01 CLEANUP 2.01.1 CONSTRUCTION SITE 2.01.2 BACKWORK 2.02 GRADING dpec.msuspec.mmier During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean - up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. TS -2 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the City's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractors responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and City must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or City's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the Contractor at the Contractor's sole expense. ITEM 4PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants tectspec meusvee master TS -3 1 ' and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. I 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES 1 Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary I by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be I made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS 1 The Contractor shall be responsible for the protection, reference and resetting of property comer monuments if disturbed. 1 4.05 DISPOSAL OF SURPLUS MATERIAL 1 The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 1 4.06 CONTRACTOR'S USE OF PREMISES 1 The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. 1 ITEM 5 MATERIALS ' 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of 1 material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, I finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 1 1 lechspec mst/specinaster TS-4 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the City to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or "equal to" some other item, in the opinion or judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -5 7.0 COATING SPECIFICATIONS 1 1 SPECIFICATIONS COATING & PAINTING STEEL WATER STORAGE TANKS PART 1- GENERAL 1.01 SCOPE ' A. The work of this section includes the coating of all interior surfaces, and the coating of all exterior surfaces. The Contractor shall fumish all materials, labor and equipment to sand blast and paint the tank in accordance with the following 1 schedule. The term "interior surfaces" shall refer to the inside of the tank proper, and all ' appurtenances located inside the tank (i.e. ladders, etc.) to include the interior side of all manholes, hatches, rafters, connections, etc. The term "exterior surfaces" shall refer to the outside of the tank proper and all appurtenances located outside of the tank including pump discharge heads, valves, piping and 1 motors. The paints and paint products used for this project shall be manufactured by The ' Tnemec Corporation only. No other paint manufacturers will be allowed for use on this project. The contractor shall make arrangements for the Tnemec representative to attend the pre - construction conference. ' Full or partial shrouding of the tank during exterior blasting and painting operations may be required. 1 1.02 PRE - PAINTING CONFERENCE ' A. The CONTRACTOR shall arrange a meeting to be held before work begins. The meeting will be held on -site with the following representatives present: 1) General CONTRACTOR and the CONTRACTOR'S SUPERINTENDENT that will ' be on the job, 2) OWNER, including Project Managers, and Inspectors, 3) Paint Subcontractor (if different from the CONTRACTOR), and 4) Paint manufacturer's representative. At this meeting the Specifications and CONTRACTORS work ' schedule will be reviewed in detail. It is the responsibility of the CONTRACTOR to notify all parties listed and to set up the meeting date and time. 1.03 REFERENCE SPECIFICATIONS AND STANDARDS 1 1 A. Without limiting the general aspects of other requirements of these specifications, all surface preparation, coating and painting of interior and ' exterior surfaces and inspection shall conform to the applicable requirements of the Steel Structures Painting Council, NACE International, ASTM (American Society for Testing and Materials), AWWA and the manufacturer's printed ' instructions. B. The Engineer's decision shall be final as the interpretation and /or conflict ' between any of the referenced specifications and standards contained herein. TP -1 1.04 CONTRACTOR A. The Contractor shall have three years practical experience and successful history in the application of specified product to surfaces of steel water tanks. He shall substantiate this requirement by fumishing a list of references and job completions. B. The Contractor shall submit with his bid a written statement by the coatings manufacturer stating that the Contractor is familiar with the materials specified and has workers capable of performing the work specified herein. C. The personnel performing the work shall be knowledgeable and have the required experience and skill to adequately perform the work for this project, in accordance with SSPC -PA1, "Shop, Field and Maintenance Painting ". D. The Contractor is responsible for all claims for paint damage during the progress of the painting and is especially forewamed of this responsibility so that he may exert all possible precaution and care for protection of property. 1.05 QUALITY ASSURANCE A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of surface preparation, application and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and accepted professional standards and are approved by the Engineer. All work in both shop and field shall conform with all current applicable requirements of the ANSI /AWWA D -100 ( "AWWA- Standard For Welded Steel Tanks For Water Storage ". The completed tank structure shall also comply with the latest requirements of the Occupational Safety and Health Act. All members shall be designed to safely withstand the maximum stress to which they may be subjected during erection and operation. All welding shall conform to the latest version of AWWA D -100 including Appendix C (latest edition). The Contractor shall submit a list of all welders and provide a copy of current welding certifications for each welder prior to beginning construction. All welders shall be qualified in accordance with the current ASME- BPV -IX. Form QW-484 of ASME- BPV-IX shall be submitted for each welder. Measurement of Surface Temperature, Humidity and Dew Point — On days when blasting and /or coating is being performed and during intermediate-coat and final coat cure envelopes, the Contractor shall monitor and record ambient climatic conditions, and interior reservoir conditions as follows: Air temperature, steel surface temperature, humidity and dew point shall be measured, and recorded by the Contractor prior to beginning of blasting and prior to application of coating daily. Atmospheric conditions shall be measured and recorded at least every 3 hours and when climatic conditions begin to TP -2 change. All psychrometric readings shall be recorded and placed in a file located on the job site and made available for daily owner review. This file shall be tumed over to the Engineer /Owner at the end of the job. Surface temperature shall be measured by using approved thermometers. Temperature of both the sunny side and shady side of the reservoir shall be recorded periodically each day. The dew point shall be measured and recorded at least every 3 hours by use of a sling psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables. The reservoir surface temperatures, relative humidity, dry bulb, wet bulb and dew point temperatures both interior and exterior (as appropriate) are to be recorded. A sample form for recording this data is provided at the end of this specification. The completed forms shall be kept on the job site at all times form the time coating is first applied until the coating system is complete. Prior to acceptance of the coating, copies of all Psychrometric Reports shall be delivered to the Engineer /Owner. Air temperature, surface temperature and humidity shall be measured and monitored by the Contractor continuously between recoating intervals and during final cure until one (1) day before reservoir sterilization begins. B. Surface Preparation: Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Surfaces: SSPC -VIS 1 -89 ", ASTM Designation D2200 -95, "Standard Methods of Evaluating Degree of Rusting on Painted Surfaces ", ASTM D 4417 -91, Method A and /or Method C or NACE Standard RP0287 -87, and ASTM Designation D610 "Visual Standard for Surfaces of New Steel Airblast Cleaned with Sand Abrasive ". In all cases the written standard shall take precedence over the visual standard. In addition, NACE Standard RP0178 -91, along with the Visual Comparator, shall be used to verify the surface preparation of welds. C. Application: No coating or paint shall be applied when: 1) the surrounding air temperature or the temperature of the surface to be coated or painted is below the minimum surface temperature for the products specified herein, 2) rain, snow, fog or mist is present, 3) the temperature is less than 5 °F above the dew point, 4) the air temperature is expected to drop below the minimum temperature for the products specified within six hours after application of coating, 5) the relative humidity is above 85% and /or surface temperature will exceed the recommended temperatures within six hours after application of coating. Dewpoint shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychometric Tables. If any of the above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. D. Thickness and Holiday Checking: Thickness of coatings and paint shall be checked with a non - destructive, magnetic -type thickness gauge, as per SSPC- PA 2 "Measurement of Dry Film Thickness with Magnetic Gages ". References in PA 2 which allow 80% of the minimum thickness specified are not acceptable. TP -3 Use an instrument such as a Tooke Gauge if a destructive test is deemed necessary by the Engineer. The integrity of ALL interior coated surfaces may be checked with a low voltage holiday detector in accordance with NACE Standard RP0188. Destructive holiday detector shall not exceed the voltage recommended by the manufacturer of the coating system. A solution of 1 -ounce non - sudsing type wetting agent, such as Kodak Photo -Flo, and 1 gallon of tap water shall be used to perform the holiday testing. All pinholes and /or holidays shall be marked and repaired in accordance with the manufacturer's printed recommendations and retested. The CONTRACTOR shall perform the holiday testing under the supervision of the INSPECTOR. All touched up pinholes and re- coated areas shall cure for a minimum of seven (7) days prior to re- testing for holidays. No pinholes, holidays or other irregularities will be permitted in the final coating. E. Inspection Devices: The contractor shall fumish, until final acceptance of coating and painting is accepted, inspection devices in good working condition for detection of holidays and measurement of dry film thickness of coating and paint. The Contractor shall also fumish U.S. Department Commerce, National Bureau of Standards certified thickness calibration plates and /or plastic shims, depending upon the thickness gauge used, to test the accuracy of dry film thickness gauges and certified instrumentation to test the accuracy of holiday detectors. Dry film gauges and holiday detectors shall be made available for the Engineer's use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Owner's Representative. Inspection: Inspections shall be conducted by a third party inspection company, the ENGINEER and OWNERS representative. The inspection company shall be hired by the owner and act as an agent of the owner. The inspection company shall report to the engineer. The inspector shall communicate directly with the CONTRACTOR'S SUPERINTENDANT. Final inspections shall be performed in the presence of the ENGINEER, OWNER or their representative and the CONTRACTORS SUPERINTENDENT. All materials and equipment used in the accomplishment of testing are subject to inspection at any time by the ENGINEER, OWNER and/or INSPECTOR. The CONTRACTOR shall not move or remove scaffolding, ladders or other fixtures necessary to provide proper inspection until such work has been inspected and approved by the INSPECTOR and /or the ENGINEER/OWNER. F. Inspection for this project shall consist of 'hold point' inspections. The Engineer or Owner's Representative shall inspect the surface prior to abrasive blasting, after abrasive blasting but prior to application of coating materials, and between subsequent coats of material. Final inspection shall take place after all coatings are applied, but prior to placing the tank in service. The interior coating shall be allowed to cure for a minimum of 7 days prior to inspection. Contractor will insure that sufficient rigging is in place so that the Engineer /OWNER or his representative shall be able to safely conduct the required inspections. Irregularities due to poor workmanship will be corrected by the Contractor at his TP-4 expense. The Owner and Engineer reserve the right to require this correction at any time during construction or at final inspection. G. Warranty Inspection: Warranty inspection shall be scheduled during the eleventh month following acceptance of all coating and painting work. All defective work shall be repaired in accordance with this specification, AWWA D102, Section 9, unless otherwise specified herewithin. All defective work shall be repaired to the satisfaction of the Engineer and/or Owner. The Contractor shall warranty all repair work for one year. Interior surfaces of the reservoir shall be inspected within 11 to 23 months after the reservoir work has been accepted and placed in service. If an inspection date has not been established within 23 months after the reservoir has been placed in service, the anniversary inspection shall be considered waved, except in the event the OWNER is unable to remove the reservoir from service due to extremely long dry climate conditions or otherwise adverse weather conditions or due to unexpected breakdowns in the OWNER's distribution system. The date of anniversary inspection may be extended for a period of time not to exceed thirty (30) months beyond the date of final completion and acceptance of the work. If failures in any portion of the reservoir surface, exceed five (5) percent of that portion, as determined by the OWNER, then for that portion, the entire coating system shall be completely removed, re- coated and re- tested in accordance with the specifications herein. In the event any portion of the reservoir surface requires complete repair as provided herein, a second anniversary inspection shall be made unless the OWNER otherwise deems it not to be necessary. If subsequent anniversary inspections are to be made, time stipulations, coating removal, repair, re- testing and anniversary inspection requirements shall be the same as provided for in this specification. The OWNER will isolate the reservoir from the distribution system and drain the reservoir. The CONTRACTOR shall open, clean out, high - pressure water wash and rinse the tank prior to anniversary inspection. After inspection of the tank is complete, the CONTRACTOR shall disinfect the reservoir and properly seal the tank prior to placing it into service, with no charge to the OWNER. Disinfection of the tank, after anniversary inspection, shall be as per disinfection procedures stated in Section 3.04 of this specification. The CONTRACTOR shall provide suitable and adequate equipment including: lighting, ventilation, rigging, cable climbers, mirrors, inspection equipment, and sufficient man -power to clean, disinfect and move equipment and tools around the tank, etc., as may be necessary to facilitate complete inspection of all interior surfaces. The CONTRACTOR shall bear all costs of the anniversary inspection and shall incorporate such costs into his bid. Any location, including but not limited to locations where a coating has peeled off, bubbled, blistered, chipped, or cracked, etc., or where pinholes and /or holidays are present and locations where rusting or corrosion is evident, will be considered a failure or defect of the coating system and shall be repaired as TP -5 required. Repairs will be made at areas or locations where coating failures are found. Methods of testing for coating failure which, may or may not be evident, shall include, but not be limited to, adhesion tests, film thickness measurement, holiday testing, etc. Testing may be non - destructive or destructive. The CONTRACTOR, at his expense, shall repair all areas where destructive tests are performed. The anniversary repair work shall be completed within an agreed time period as determined by the OWNER and CONTRACTOR. All repairs shall be made as per the coating manufacturers written repair work instructions or that which is approved and acceptable to the OWNER and completed within ninety (90) calendar days of the anniversary inspection. Holiday testing will be used to check all interior coating repairs, including the interior roof. 1.06 SAFETY AND HEALTH REQUIREMENTS A. General: In accordance with requirements set forth by regulatory agencies applicable to the construction industry and manufacturer's printed instructions and appropriate technical bulletins and manuals, the Contractor shall provide and require use of personal protective lifesaving equipment for persons working on or about the project site. B. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets which shall be worn by all persons while in the vicinity of the work. In addition, workers engaged in or near the work during sandblasting shall wear eye and face protection devices and air purifying halfmask or mouthpiece respirators with appropriate filters. Barrier creams shall be used on any exposed areas of skin. C. Ventilation: Where ventilation is used to control hazardous exposure, all equipment shall be explosion - proof. Ventilation shall reduce the concentration of air contaminants to a degree that a hazard does not exist. Air circulation and exhausting of solvent vapors shall be continued until coatings have fully cured for immersion service. From the beginning of interior coating and until interior coating is complete, the CONTRACTOR shall monitor the air for its lower explosion limit (LEL). CONTRACTOR shall submit to the ENGINEER, for review and approval, the air monitor technical literature. The ENGINEER/OWNER and his representatives shall be allowed to check and inspect the monitor at any time. D. Sound Levels: Whenever the occupational noise exposure exceeds maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protection devices. Noise control of equipment during working and non - working hours shall be submitted to the ENGINEER/OWNER for review and approval. If excessive noise is noted by the OWNER or neighboring residents, the CONTRACTOR shall modify or replace the existing equipment to reduce the TP -6 noise to an OWNER acceptable level. CONTRACTOR shall bear all costs of noise reduction and incorporate this cost and any others into their bid. E. Illumination: Adequate illumination shall be provided while work is in progress, including explosion -proof lights and electrical equipment. Whenever required by the Engineer or Owner's Representative, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The level of illumination for inspection purposes shall be determined by the inspector. F. Temporary Ladders and Scaffolding: All temporary ladders and scaffolding shall conform to applicable safety requirements. They shall be erected where requested by the Inspector or Engineer to facilitate inspection and be moved by the Contractor to locations requested by the Engineer or Owner's Representative. G. The Contractor is required to submit the following upon selection: 1. Contractor qualifications certifying experience and references for the work contemplated. 2. Safety Program in writing and a schedule of regularly scheduled safety orientation meetings complying with OSHA. 3. Detailed work schedule. 4. Quality Control program. 5. Methodology for compliance with full containment of spent abrasive and proper disposal. 6. TACB Form PI - 7, "Registration Form for Standard Exemptions" H. Air Monitoring: Ambient Air Quality — Visible Emissions: Visible emissions shall be used as criteria for project shut down until corrections to the containment are made. Visible emissions shall be determined in accordance with 40 CFR 60, Appendix A, Method 22. If required by the Texas Air Control Board, the Contractor shall provide additional monitoring as follows: Ambient Air Quality for Particulate Matter (40 CFR 50): Emissions in excess of 150 up /m of PM 10 over a 24 -hour period shall be cause for shut down of the project until corrections to the containment are made to comply with this level. Monitoring for this level shall be accomplished using high volume air samplers. 1.07 PRODUCT DELIVERY, STORAGE & HANDLING A. All materials shall be brought to the jobsite in original sealed containers. Within 48 hours of coating delivery to the job site, the CONTRACTOR shall record the batch number stamped on each coating container and submit a typed list to the ENGINEER. Minimum information required will include: date of delivery to job site, name and signature of superintendent recording the data, list of batch number including corresponding coating identification, date of manufacture and volume of each container. They shall not be used until the ENGINEER has TP -7 inspected the contents. Manufacturer's Material Safety Data Sheets (MSDS) for all coating products used on the jobsite shall be submitted to the OWNER at the preconstruction conference or prior to commencing work. Materials exceeding storage life recommended by the manufacturer shall be rejected. B. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings and paints must be stored to conform with City, County, State and Federal safety codes for flammable coating or paint materials. At all times coatings and paints shall be protected from freezing. PART 2 - MATERIALS 2.01 ACCEPTABLE MANUFACTURERS A. The paints and paint products used for this project shall be manufactured by The Tnemec Corporation. No other paint manufacturer will be allowed for use on this project. 2.02 GENERAL REQUIREMENTS A. All materials shall be lead -free as defined by the Consumer Product Safety Act, Part 1303. Additionally, all materials shall be free of other heavy metals such as chrome, mercury and cadmium. B. All materials for the interior wetted portion of the tank shall meet the requirements of ANSI /NSF Standard 61 for potable water contact. C. No coating submitted or used on this project shall have a VOC (Volatile Organic Content) in excess of 340 grams/liter or 2.8 lbs. /gal. 2.03 MATERIAL PREPARATION A. Mix and thin materials according to manufacturer's latest printed instructions. B. Do not use materials beyond manufacturer's recommended shelf life. C. Do not use mixed materials beyond manufacturer's recommended pot life. 2.04 COATING SYSTEMS 2.04.1 S.E. TANK & CHANDLER CREEK TANKS 1. TANK INTERIOR COATING SYSTEM (BOTH TANKS) A. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178 and herein. TP -8 B. Surface Preparation: SSPC -SP10 Near -White Metal Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. C. Coating System: 1st Coat: Tnemec Series 91 -H20 Hydro -Zinc 2000 applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. Stripe Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied by brush and scrubbed into all weld seams. In addition to weld seams, all edges, corners, bolts, rivets, pits shall receive a stripe coat. 2nd Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. 3rd Coat: Tnemec Series 20 -WHO2 Tank White Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41 Thinner. Total dry film thickness shall be a minimum of 12.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. For cold weather applications, substitute Tnemec Series FC20 in lieu of Series 20. 2. TANK EXTERIOR COATING SYSTEMS A. Coating Systems are listed by Tank. B. S.E. Tank Exterior Coating System 1. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178and herein. 2. Surface Preparation: SSPC -SP6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. 3. Coating System: 1st Coat: Tnemec Series 90 -97 Tnemec -Zinc applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. 2nd Coat: Tnemec Series 141 -1255 Beige Pota -Pox 80 applied at 6.0 to 8.0 dry mils. Thin only with approved thinner, TP -9 Tnemec 41-4 Thinner. 3rd Coat: Tnemec Series 290 -Color CRU applied at 2.0 to 3.0 dry mils. Thin only with approved thinner, Tnemec 41-42 Thinner for spray, 41 39 for brush or roller. Total dry film thickness shall be a minimum of 12.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. C. Chandler Creek Elevated Tank Coating System 1. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP017 and herein. 2. Surface Preparation: SSPC -SP6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. 3. Coating System: 1st Coat: Tnemec Series 90 -97 Tnemec -Zinc applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. 2nd Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. 3rd Coat: Tnemec Series 73 -Color Endura - Shield applied at 2.0 to 3.0 dry mils. Thin only with approved thinner, Tnemec 41- 42 Thinner for spray, 41 -39 for brush or roller. 4th Coat: Tnemec Series 76 -0076 Endura -Clear applied at 1.0 to 2.0 dry mils. Thin only with approved thinner, Tnemec 41 -2 Thinner. Total dry film thickness shall be a minimum of 10.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. 2.04.2 TWO CLEARWELLS LOCATED AT WATER TRETAMENT PLANT 1. TANK INTERIOR COATING SYSTEM (BOTH TANKS) A. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE TP -10 Standard RP0178 and herein. B. Surface Preparation: SSPC -SP10 Near -White Metal Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. C. Coating System: 1st Coat: Tnemec Series 91 -H20 Hydro-Zinc 2000 applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. Stripe Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied by brush and scrubbed into all weld seams. In addition to weld seams, all edges, corners, bolts, rivets, pits shall receive a stripe coat. 2nd Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. 3rd Coat: Tnemec Series 20 -WH02 Tank White Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. Total dry film thickness shall be a minimum of 12.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. For cold weather applications, substitute Tnemec Series FC20 in lieu of Series 20. 2. TANK EXTERIOR COATING SYSTEM (BOTH TANKS) A. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178 and herein. B. Surface Preparation: SSPC -SP6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. C. Coating System: 1st Coat: Tnemec Series 90 -97 Tnemec -Zinc applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. 2nd Coat: Tnemec Series 141 -1255 Beige Pota -Pox 80 applied at 6.0 to 8.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. TP -11 3rd Coat: Tnemec Series 1074 -Color Endura - Shield II applied at 3.0 to 5.0 dry mils. Thin only with approved thinner, Tnemec 41 Thinner for spray, 41 - 39 for brush or roller. Total dry film thickness shall be a minimum of 12.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. 2.04.3 LAKE CREEK & McNEIL TANKS 1. TANK INTERIOR COATING SYSTEM (BOTH TANKS) A. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178 and herein. B. Surface Preparation: SSPC -SP10 Near -White Metal Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. C. Coating System: 1st Coat: Tnemec Series 91 -H20 Hydro -Zinc 2000 applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. Stripe Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied by brush and scrubbed into all weld seams. In addition to weld seams, all edges, comers, bolts, rivets, pits shall receive a stripe coat. 2nd Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. 3rd Coat: Tnemec Series 20 -WH02 Tank White Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. Total dry film thickness shall be a minimum of 12.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. For cold weather applications, substitute Tnemec Series FC20 in lieu of Series 20. 2. TANK EXTERIOR COATING SYSTEMS A. Base Bid Coating System (BOTH TANKS) 1. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall TP -12 be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178 and herein. 2. Surface Preparation: SSPC -SP6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. 3. Coating System: 1st Coat: C. Alternate Bid for McNeil Tank Only 3. Coating System: Tnemec Series 90 -97 Tnemec -Zinc applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. 2nd Coat: Tnemec Series 141 -1255 Beige Pota -Pox 80 applied at 6.0 to 8.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. 3rd Coat: Tnemec Series 290 -Color CRU applied at 2.0 to 3.0 dry mils. Thin only with approved thinner, Tnemec 41-42 Thinner for spray, 41 -39 for brush or roller. Total dry film thickness shall be a minimum of 12.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. 1. Surface Preparation Prior to Abrasive Blast Cleaning: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard RP0178 and herein. 2. Surface Preparation: SSPC -SP6 Commercial Blast Cleaning. Anchor profile shall be 1.5 to 3.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. 1st Coat: Tnemec Series 90 -97 Tnemec -Zinc applied at 2.5 to 3.5 dry mils. Thin only with approved thinner, Tnemec 41 -2 or 41 -3 Thinner. 2nd Coat: Tnemec Series 20 -1255 Beige Pota -Pox applied at 4.0 to 6.0 dry mils. Thin only with approved thinner, Tnemec 41-4 Thinner. 3rd Coat: Tnemec Series 73 -Color Endura - Shield applied at 2.0 to 3.0 dry mils. Thin only with approved thinner, Tnemec 41- 42 Thinner for spray, 41 -39 for brush or roller. TP -13 PART 3 - EXECUTION 3.01 GENERAL 4th Coat: Tnemec Series 76 -0076 Endura -Clear applied at 1.0 to 2.0 dry mils. Thin only with approved thinner, Tnemec 41 - Thinner. Total dry film thickness shall be a minimum of 10.0 mils per SSPC -PA 2 dry film inspection standards, with exception as noted in this specification. A. All surface preparation, coating and painting shall conform to applicable standards of the Steel Structures Painting Council, NACE Intemational and the manufacturer's printed instructions. Materials applied to the surface prior to the approval of the Engineer shall be removed and re- applied to the satisfaction of the Engineer at the expense of the contractor. B. All work shall be performed by skilled craftsmen qualified to perform the required work in a manner comparable with the best standards of practice. Continuity of personnel shall be coordinated with the Engineer. C. The Contractor shall provide a supervisor at the work site during cleaning and application operations. The supervisor shall have the authority to coordinate work and make decisions pertaining to the fulfillment of the contract. D. Dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability of the coating or paint must be removed by washing with clean rags dipped in an approved cleaning solvent and wiped dry with clean rags. E. Coating and painting systems include surface preparation, prime coating, stripe coating and finish coatings. Unless otherwise approved in writing by the Engineer, prime coating shall be field applied. The Contractor shall use repair procedures which insure the complete protection of all adjacent primer. All repair procedures shall be in accordance with the coating manufacturer's written recommended methods. It is the responsibility of the CONTRACTOR to provide the ENGINEER and OWNER with the coating manufacturer's written recommended repair procedures. The specified repair method and equipment may include wire brushing, hand or power tool cleaning, or dry air blast cleaning. In order to prevent injury to surrounding painted surfaces, blast cleaning may require use of lower air pressure, smaller nozzle and /or abrasive blast particles, or shorter blast nozzle distances from surface shielding and masking. If damage is too extensive or uneconomical to touch -up, the entire item shall be blasted and then coated or painted as directed by the Engineer. F. The Contractor's coating and painting equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Abrasive blast equipment shall be equipped with noise reducing devices, hose coupling safety devices, electrical grounding devices, fresh air hoods, and "Dead Man" switches on all blast hoses. Compressors shall have TP -14 suitable traps and filters to remove water and oils from the air. Contractor's equipment shall be subject to approval of the Engineer. AU equipment shall comply with current OSHA regulations. G. Application of the first coat shall follow immediately after surface preparation and cleaning and stripe coat, before rust bloom occurs or the same day, whichever is less. Any cleaned areas not receiving first coat within this period shall be recleaned prior to application of first coat. All blasted surfaces shall be coated to within 6 inches of the edge of a blasted area. Dehumidification equipment shall be first reviewed by the Engineer and coatings manufacturer prior to deviating from this provision. 3.02 SURFACE PREPARATION A. The latest revision of the following surface preparation specifications of the Steel Structures Painting Council (SSPC) shall form a part of this specification. The summaries listed below are for informational purposes; consult the actual SSPC specification for full detail. 1. Solvent Cleaning (SSPCSPI): Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods which involve a solvent or cleaning action. 2. Hand Tool Cleaning (SSPC -SP2): Removal of loose rust, loose mil scale and other detrimental foreign matter to a degree specified by hand chipping, scraping, sanding and wire brushing. 3. Power Tool Cleaning (SSPC Removal of loose rust, loose mil scale and other detrimental foreign matter by power wire brushing, power impact tools or power sanders. 4. White Metal Blast Cleaning (SSPCSP5INACE No. 1): Air blast cleaning to a gray -white uniform metallic color until each element of surface area is free of all visible residues. 5. Commercial Blast Cleaning (SSPC NACE No. 3): Air blast cleaning until at least two- thirds of each element of surface area is free of all visible residues. 6. Brush -Off Blast Cleaning (SSPC-SP7 NACE No. 4): Air blast cleaning to remove loose rust, loose mil scale and other detrimental foreign matter to a degree specified. 7. Near - White Metal Blast Cleaning (SSPCSPIO NACE No. 2): Air blast cleaning until at least 95% of each element of surface area is free of all visible residues. TP -15 8. Power Tool Cleaning to Bare Metal (SSPC- SP11): Differs from SSPC- SP3 in that it requires more thorough cleaning and a surface profile not less than 1 mil. B. Slag, weld metal accumulation and spatters not removed by the Fabricator, Erector or Installer shall be removed by chipping and /or grinding. All sharp edges shall be peened, ground or otherwise blunted as required by the Engineer. All grinding and finishing of welds, edges, etc. shall be performed prior to solvent cleaning and abrasive blasting. Welds shall be prepared as per NACE Standard RP0178 for all interior and exterior surfaces: 1. Butt Welds: Shall be ground smooth and free of all defects, designation "ID". 2. Lap Welds: Shall be ground smooth and blended., designation "D ", excepting that visual imperfections and ripples are allowable. 3. Fillet Welded Tee Joint: Shall be ground smooth and blended, designation "D" C. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed. Blast nozzles shall be venturi -type nozzles with a minimum pressure at the nozzle of 90 psi. D. Particle size of abrasives used in blast cleaning shall be that which will produce a 1.5 — 3.0 mil surface profile or in accordance with recommendations of the manufacturer of the specified coating or paint system to be applied. E. Abrasive used in blast cleaning operations shall be new, and free of contaminants that would interfere with adhesion of coating or paint and shall not be reused unless specifically approved in writing by the Engineer. F. During blast cleaning operations, caution shall be exercised to ensure that existing coatings or paint are not exposed to abrasion from blast cleaning. G. The Contractor shall keep the area of his work and the surrounding environment in a clean condition. He shall not permit blasting materials to accumulate as to constitute a nuisance or hazard to the accomplishment of the work, the operation of the existing facilities or to the surrounding environment. If blast abrasive is left on the tank floor while painting the ceilings and walls, no paint may be applied to walls within six feet of the floor. H. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or paint. All surfaces shall be free of dust, dirt, and other residue resulting from the abrasive blasting operation. No coatings or paint shall be applied over damp or moist surfaces. I. All welds shall be neutralized with a suitable chemical compatible with the specified coating or paint. TP -16 3.03 APPLICATION, GENERAL A. Coating and paint application shall conform to the requirements of the Steel Structure Painting Council Paint Application Specification SSPC -PA1, latest revision, for "Shop, Field and Maintenance Painting ". B. Thinning shall be permitted only as recommended by the manufacturer and approved by the Engineer. C. Each application of coating or paint shall be applied evenly, free of brush marks, sags, runs, bubbles, drips, waves, laps, unnecessary brush marks, over spray, environmental contaminants or other physical defects, including shadows, and be UNIFORM in color, texture and gloss. Thus, all coatings shall be applied in a professional manner to achieve the specified dry film thickness (DFT). Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes. Cleaning and coating shall be scheduled such that dust and other materials from adjoining work will not contaminate wet or newly coated surfaces. The CONTRACTOR shall submit written detailed procedures for all surface preparation and application of coating, including touch -up procedures. The procedures shall be approved by the ENGINEER and OWNER, with no exceptions, before any surface preparation, application, or touch -up begins. D. Protective coverings or drop cloths shall be used to protect floors, fixtures, piping, and equipment. Care shall be taken to prevent debris or any other foreign matter from entering water mains. The covers and plugs shall remain in place until just prior to filling the tank for disinfection. Care shall be exercised to prevent coatings or paints from being spattered onto surfaces which are not to be coated or painted. Report to the Engineer surfaces from which materials cannot be satisfactorily removed. E. When two coats of coating or paint are specified, where possible, the first coat shall contain sufficient approved color additive to act as an indicator of coverage or the two coats must be of contrasting color. Should a third interior coating be used, it too shall be contrasting in color from the second interior coating. F. Steel surfaces that have rusted or changed color shall be re- blasted in accordance with these specifications. No visible rust shall be overcoated under any circumstances. Painting shall not take place when the atmospheric temperature is below or above the coating manufacturer's written instructions, or above 50 °F or when the steel surface temperature is less than or equal to 5 °F above the dew paint, or when the relative humidity is above 85% unless approved by the Engineer /Owner and paint manufacturer. Painting shall not occur when the surface is damp due to rain, snow, fog or mist. Painting shall also not occur if the surface temperature is expected to drop below manufacturer's recommendations within 4 6 hours after coating application. TP -17 3.04 DISINFECTION A. Disinfection of interior surfaces shall be performed in the presence of the Engineer in accordance with all the requirements of applicable AWWA Standards and regulatory agencies. CONTRACTOR shall fumish all labor, materials, tools, equipment and related items to seal and disinfect the reservoir. CONTRACTOR shall submit, for ENGINEER/OWNER approval all gasket and sealer materials necessary to seal all vents and manways. All bolts, nuts and washers shall be of stainless steel construction. B. Disinfection shall be performed after protective coatings have been applied to the interior surfaces and allowed to thoroughly cure. C. Prior to disinfecting, the complete interior shall be washed down with clean water and thoroughly flushed out. D. All interior surfaces shall be thoroughly washed with a solution having a minimum chlorine content of 50 PPM. Chlorine solution accumulated on the bottom shall be drained to waste. Rinsing with clean water is not required. E. After the chlorination procedure is completed, and before the storage facility is placed in service, water from the full facility shall be sampled and tested for coliform organisms in accordance with the latest edition of Standard Method for Examination of Water and Wastewater. F. If the CONTRACTOR wishes to have the samples collected and tested by an independent testing laboratory, the cost of such testing shall be paid by the CONTRACTOR and the laboratory shall be required to meet the testing qualifications and to have certifications to do this testing that are acceptable to the OWNER. G. The OWNER shall fumish the water used for cleaning and initial filling of the reservoir for disinfection. The CONTRACTOR shall bear the costs of any subsequent fillings of the reservoir necessary until the disinfection is complete and satisfactory results are obtained and approved by the OWNER. It is necessary that the CONTRACTOR schedule his activities such that the initial filling occurs entirely during a low use period as determined by the OWNER. Close coordination by the CONTRACTOR with the OWNER is mandatory prior to and during the filling of the reservoir and until the disinfection work is completed. The CONTRACTOR and the OWNER shall have at least one representative present at the job site at all times during the filling of the reservoir regardless of the time of day. If the CONTRACTOR'S representative leaves the job site during the filling process, the filling will be stopped and be rescheduled for a later date. The CONTRACTOR shall pay all refilling and re- disinfection costs due to this inconvenience. TP -18 3.05 SOLVENT VAPOR REMOVAL All solvent vapors will be exhausted both during and after coating application at a minimum rate of one air change every four hours to allow the proper curing of the coating material. High rates of production may require an increase in ventilation. Forced ventilation as noted above shall be continued for 7 days or until such time as the coating has reached "full cure to immersion" as specified by the coating manufacturer. Contractor shall submit ventilation calculations to the Engineer for approval prior to any blasting or coating. Paint manufacturer or Owner's representative will be consulted concerning points not covered herein. When dehumidification is used, blasting of all interior surfaces must be complete, cleaned and accepted prior to the application of any coating. A. Humidity Control Dehumidification equipment will be used to control the environment in the space 24 hours a day during blast cleaning, coating application, and coating cure. Equipment will conform to the following requirements: Equipment Desiccant dehumidifiers, as manufactured by Cargocaire Corp., will be a solid desiccant design having a single rotary desiccant wheel capable of fully automatic continuous operation. No liquid, granular, or loose lithium chloride drying systems will be accepted. The use of direct expansion (DX) refrigeration type dehumidifiers with reheat may be considered if the expected ambient temperature will remain above 60° F. Below that, coils may not remove moisture and, as noted above, reheat alone will not change the dew point. Heating the space changes relative humidity only and does not change the dew point; therefore not a substitute for dehumidification, unless substrate temperature is high enough to meet dew point differential. The dehumidification system may consist of a combination of desiccant and refrigerant equipment for year round use to maintain very low dew points in the space. Internal Environment During the blasting operation, dehumidification equipment will continuously maintain a lower dew point than outside ambient. A differential of 20° to 25° F between inside substrate surface temperature and inside space air dew point temperature shall be maintained. In addition, inside relative humidity should not exceed 40% to 45 %. For most coatings, the above parameters would be TP -19 advantageous, for coating application and cure (or coating manufacturer's recommendation should be followed). Occasional outside ambient conditions may result in temporary fluctuation in dew point spreads. In all cases the visual standard called for by the specification for the steel cleanliness will be adhered to. Testing for Contaminants Steel surfaces shall also be tested for pH and presence of chlorides and /or other non - visible contaminants. Air Changes The air changes rate for maintaining a differential of 20° to 25° F between inside surface temperature and inside space dew point temperature with a maximum relative humidity of 40% to 45% in the space, will depend upon the type of equipment to be used and the time of the year. Another consideration is length of time required to hold the blast. The volume of a given space is a major factor in determining equipment type and size. The rate of air changes per hour may be anywhere from 1 to 6.0 or more to hold the desired degree of cleanliness of the blast. B. Temperature Control Auxiliary heat, cooling and /or insulation may be necessary to maintain the surface temperature at an acceptable level for the coating manufacturer's application parameters. This auxiliary equipment must be approved for use by the supplier of the dehumidification equipment and will meet the following requirements. 1. Heaters and refrigerant type systems must be installed in the process air supply duct between, and/or blended with, the dehumidifier as close to the space as possible. 2. Only electric, indirect fired combustion, or steam coil auxiliary heaters will be used. No direct -fired space heaters will be allowed during the blasting, coating, and curing phrases. 3. Heaters will be equipped with controls that automatically turn the heater off if the airflow is interrupted or the intemal temperature of the heater exceeds its design temperature or that of the supply duct. The space to be controlled will be sealed off as well as possible, allowing air to escape the space away from the point where the dehumidified air is being introduced. Filter the air escaping the space; the filtration system must be designed so that it does not interfere with the dehumidification equipment's ability to control the dew point and relative humidity of space. Do not recirculate the air from the space or from filtration equipment back through the dehumidifier during coating application or when solvent vapors are present. TP -20 3.06 CONTAINMENT Full or partial shroud of the entire structure may be required during sand blasting and painting of exterior. Containment System: The Contractor shall design a containment system for the work area. The containment shall control environmental emissions and control the working environment within containment so all Federal, State and local regulations have been observed and that the method(s) of removal complies with the governing specifications. Nevertheless, in the instance of conflict between any Federal, State or local regulations and the governing specifications, the Federal, State or local regulations shall supersede any requirements contained herein. The Contractor shall thoroughly examine the structure to be prepared to verify its ability to support a containment system including the wind loads that can be imparted by such a system. The Contractor shall submit a sample and /or samples of wind screening material supported by technical data sheets for the proposed containment system, the technical data sheet to include: • Wind Resistance • Opacity • Burst Strength • Material Composition • Color • Fire Rating • Thread Count • Ultra - Violet Stabilized The wind containment must comply with the principles of security, which are: Appropriate protection of the environment from abrasive blasting and painting debris. Pinhole ventilation (% for retention), allowing for cross -flow of air movement. Edgings as well as every intemal seam are sewn. Alternate intemal seams are reversed for additional strength. Grommets are spaced along all edges and seams for the wind load to be supported by the screens. • Permeable to natural lighting, unless alternate lighting is to be provided (show that lighting is explosion - proof). • A minimum of 6" tarp overlap will be required as to provide for a maximum possible containment of spent debris. The windscreen containment system shall be maintained free of defects through the course of the project. Work shall be stopped until all defects are repaired. TP -21 Blasting inside a tank, tank column, or modular containment is considered working within a closed environment. OSHA, therefore, requires a clean, uncontaminated air source outside the enclosure with an appropriate backup such as another source of clean, uncontaminated air to be activated by merely switching a valve contained on the worker's body; air bottles strapped onto the worker; Scott Air Packs attached to the worker's body; or other OSHA approved and accepted air sources. The Contractor shall employ negative air pressure inside the structure with the air vented to the outside, filtered, dewatered, and retumed to the enclosed space at least as clean as native air. 3.07 CONFINED SPACE: The Contractor shall provide confined space training certificates of all persons who will be working on this project. Certificates shall be submitted to Engineer /Owner before work begins. 3.08 CLEAN UP: Upon completion of the work, all staging, scaffolding and containers shall be removed from the site or destroyed in a manner approved by the Engineer. Coating or paint spots or oil stains upon adjacent surfaces shall be removed and the jobsite cleaned. All damage to surfaces resulting from the work of this section shall be cleaned, repaired or refinished to the satisfaction of the Engineer at no cost to the Owner. 3.09 Reporting /Records All work, including inspections, shall be recorded daily by the CONTRACTOR. A copy of each daily report shall be placed in a file kept on the job site. The reports shall include, but not necessarily limited to, the following information: • Date • CONTRACTOR and subcontractor name (where applicable), • INSPECTOR name (where applicable), • Work Identification including: -Type of work performed, - Location of work performed "(indicated on generalized drawings of the reservoir), -Time of day each portion of the work was begun and completed, • Weather conditions, including corresponding time of day, before during and after work begins including: - Temperature (air and surface) - Humidity /dew point -Wind velocity /direction, • Remarks and results of work, • CONTRACTOR signature, • Generalized drawings shall include: -Plan view of reservoir, - Profile view of reservoir, -Plate location, -North arrow, - Any other drawings that will help to indicate location of work performed. TP -22 3.10 Maintenance Material At the end of the project before final payment, the CONTRACTOR shall provide the OWNER (5) five one gallon cans of each type and color of coating, primer, thinner, and other coatings used in the field including multiple component materials. The material shall be delivered in unopened, typed - labeled cans, just as it comes from the factory. If the manufacturer does not package the material in one (1) gallon cans, and in the case of special colors, the materials may be delivered in new five (5) gallon containers, properly closed with typed, color, and batch numbers. The manufacturer's directions for use and literature describing the materials shall also be fumished to the OWNER in three bound copies and a typed inventory list shall be fumished at the time of delivery. 4.0 REPAIRS & APPURTENANCES A. General Tanks with rafter systems will be evaluated by the engineer during the blasting of the interior. The intent of these specifications is to blast and coat ALL interior surfaces including the top of rafter / roof plate interface in accordance with the surface preparation and coating sections, which will require shimming. Any area not accessible after shimming, as determined by the owner, shall be caulked. Any area that cannot be shimmed and has a gap in excess of 3/8" shall be stitch welded to reduce the gap to less than 3/8" and then caulked. B. Manways Provide a 36" diameter hinged manway at the base of all ground tanks and on the elevated tank at a location determined by the engineer. C. Roof Vent: Provide an aluminum vent in the tank roof to permit passage of air when the tank is being filled or emptied. It shall also be so constructed with a flanged connection to the existing roof to allow an exhaust fan may be bolted to the vent, if required for ventilation during painting. The vent shall be screened with 16- mesh stainless steel screen. D. Clow Flap Valve: Provide a Flap Valve, Clow or approved equal, on all steel overflow pipes TP -23 8.0 RCRA 1 1 SECTION RCRA RCRA METAL RCRA.1 WARNING I The Contractor is advised that the existing exterior and interior coating system may contain RCRA metals. The following list of total metals is offered for reference only, the Contractor shall secure his own test for use on this project. I SEE REPORT AT THE END OF THIS SECTION FOR RCRA TEST RESULTS 1 RCRA.2. CONTRACTOR RESPONSIBILITIES I The Contractor is required to submit the following upon selection: 1 1. Contractor qualifications certifying experience and references for the work contemplated. ' 2. Safety Program in writing and a schedule of regularly scheduled safety orientation meetings. 1 3. Medical tests for all workers who will be exposed to abrasive blasting operations for blood RCRA metal level content before and after completion of the coating contract. No Facial Hair will be 1 permitted for employees required to wear full -face respirators. 4. Detailed work schedule. I 5. Quality Control program. 1 6. Methodology for compliance with full containment of spent abrasive and proper disposal of hazardous waste, if applicable. ' RCRA.3. REMOVAL OF A RCRA EIGHT METAL BASE PAINT SYSTEM 1 1. The Contractor shall provide for the safe removal and disposal of RCRA metal based paint and contaminated spent abrasive along with adequate ' personnel protection during the abrasive blasting and removal of RCRA metal based paint and spent abrasive in accordance with all current Federal and State of Texas regulations. 1 2. Blasting material will be restricted to those materials containing less than 0.1% free silica. RCRA.4. PAINT SAMPLING AND ANALYSIS The Contractor shall obtain a total of three (3) paint chip samples (minimum of 1 gram by weight per sample) —one each from the roof, midpoint and lower exterior portion of the tank. These samples are to be bagged, sealed, identified and forwarded to an analytical laboratory for analysis of % by weight RCRA metals content in the samples. RCRA.5. SOIL SAMPLING Soil Quality: The Contractor shall not contaminate the soil with RCRA metals. Samples of the soil shall be removed and tested for total metal content prior to job start up and upon completion by the City of Cedar Park. Laboratory analysis shall be conducted in accordance with EPA Methods. The Contractor shall remove the contaminated soil if the analysis upon project completion shows any increase in soil metal levels. RCRA.6. AIR MONITORING Ambient Air Quality – Visible Emissions: Visible emissions shall be used as a criteria for project shut down until corrections to the containment are made. Visible emissions shall be determined in accordance with 40 CFR 60, Appendix A, Method 22. If required by the Texas Air Control Board the Contractor shall provide additional monitoring as follows: Ambient Air Quality for Particulate Matter (40 CFR 50): Emissions in excess of 15Oug /m3 of PM 10 over a 24 -hour period shall be cause for shut down of the project until corrections to the containment are made to comply with this level. Monitoring for this level shall be accomplished using high volume air samplers. RCRA.7. SAMPLING PROCEDURES AND TOXICITY TESTING OF SPENT ABRASIVE The Contractor is responsible for containing and tarping ground areas for the daily collection of all debris from the abrasive blasting operation. Prior to containerizing and temporary storage, the Contractor will obtain samples of the spent abrasive using 1- gallon containers. One 1- gallon sample shall be obtained from each wheelbarrow Toad of spent abrasive. These one- gallon samples shall then be combined into one large sample, split, quartered and finally reduced to a final 1- gallon sample. This final sample will be expressed ovemight to an analytical laboratory for RCRA metal toxicity testing in accordance with EPA Procedures. Hazardous Waste: The paint debris is classified as hazardous due to the characteristic of toxicity, if after testing by Toxicity Characteristics Leaching Procedures (TCLP), the leachate contains any of the elements in the concentrations listed below (or general): Barium 100 ppm Cadmium 1 ppm Chromium 5 ppm Lead 5 ppm Mercury 0.2 ppm NOTE: Other elements can cause a material to be hazardous as defined in 40 CFR 261 and must be taken into consideration. The list above includes only those elements typically associated with paints. RCRA.8. PERSONNEL MONITORING FOR EXPOSURE LIMITS OSHA requirements for worker protection shall be followed in accordance with 29CFR 1926 or 29 CFR 1910 as outlined in OSHA Booklet 3126 (Reference 2.2) The Contractor shall not permit any employees exposed directly or indirectly to RCRA metals to smoke, eat or drink so long as those employees remain in that environment. The Contractor shall provide employees exposed to RCRA metals with appropriate work clothing such as Tyvek suits or cotton /polyester white coveralls. The Contractor shall be responsible for providing closed containers for contaminated clothing. Any person who launders protective clothing shall be notified of the potentially harmful effects of exposure to RCRA metals. All containers so used shall be properly labeled and stored. If an employee is found to have an elevated metal count in his blood, then that employee shall be immediately removed form the RCRA metals exposure. The Contractor will institute a training program to explain RCRA metals, its hazards and what measures have been taken to eliminate unsafe levels of RCRA metal exposure. RCRA.9. COLLECTION. STORAGE, SECURITY AND DISPOSAL OF SPENT ABRASIVE Collection — Proper collection of the blasting debris is one of the most important steps in handling the spent abrasive. Collection of the potentially hazardous debris must be carried out without releasing metals into the environment. Collection of the debris shall be carried out no less frequently than once per day. Whether collection is carried out using mechanical devices or by hand tools, it is important that the workers be fully protected against breathing, ingesting, or contacting any of the debris. Containment and Transportation to the Temporary Storage Area — The metal containing spent abrasive must be stored in a manner which will not allow entry of any hazardous materials into the environment. Leak -proof drums or portable bins, such as gondolas, are generally acceptable. If ground storage is allowed, it must be in an area which is not a floodplain and will not permit run -off. The material must be placed on an impervious barrier such as a tarpaulin. The pile must be securely covered. It is important to note that the material in the containers is not yet classified as hazardous waste, although it should be regarded and handled as hazardous material. Labels which warn of the hazards associated with the material shall be placed on the containers. The containers should also be marked with the contents, tare weights of the containers, the origin and the date of the collection of the material. The containers must be keyed to the samples taken. The filled containers can then be moved to a temporary holding area at the work site. During the moving operations, normal precautions must be taken to prevent damage which would result in spillage of contents or entry of water into the containers. If the toxic content exceeds RCRA limits, the waste must be disposed of at a Hazardous Waste Disposal Site. The Texas Natural Resource Conservation Commission (known as the One Time Shipping Permit) must be submitted to the TNRCC for assignment of a registration number and waste classification. The waste can then be disposed of at a Hazardous Waste Disposal Site capable of accepting this type of waste. The spill area around the tank must be cleaned to acceptable levels. If the toxic content does not exceed RCRA limits, results of this test, the TCLP, and the total metal tests must be submitted in writing to the TNRCC, Solid Waste Management Section for municipal waste and the TNRCC Section for industrial wastes. A determination will then be made as to what class of waste disposal site may be used for deposition of the wastes and the level of clean -up required. RCRA.10. METHODOLOGY OF REMOVAL OF EXTERIOR RCRA METAL BASE PAINT SYSTEM Containment System: The Contractor shall design a containment system for the work area. The containment shall control environmental emissions and control the working environment within containment so all Federal, State and local regulations have been observed and that the method(s) or removal complies with the goveming specifications. Nevertheless, in the instance of conflict between any Federal, State or local regulations and the governing specifications, the Federal, State or local regulations shall supersede any requirements contained herein. The Contractor shall thoroughly examine the structure to be prepared to verify its ability to support a containment system including the wind loads that can be imparted by such a system. The Contractor shall use encapsulation, the system shall conform to the following requirements: The containment and collection system proposed by each prospective bidder must assure the non - pollution of the surrounding environment. The Contractor shall submit a sample and /or samples of wind screening material supported by technical data sheets for the proposed containment system, the technical data sheet to include: • Wind Resistance • Opacity • Burst Strength • Material Composition • Color • Fire Rating • Thread Count • Ultra Violet Stabilized The wind containments must comply with the principles of security, which are: • Appropriate protection of the environment from abrasive blasting and painting debris. • Pin -hole ventilation (% for retention), allowing for cross -flow of air movement. • Edgings as well as every intemal seam are sewn. • Altemate internal seams are reversed for additional strength. • Grommets are spaced along all edges and seams for the wind load to be supported by the screens. • Permeable to natural lighting, unless altemate lighting is to be provided (show that lighting is explosion - proof). • A minimum of 6" tarp overlap will be required as to provide for a maximum possible containment or spent debris. The wind screen containment system shall be maintained free of defects through the course of the project. Work shall be stopped until all defects are repaired. RCRA.11. TESTING All testing, disposal, shipping, etc. cost associated with processing the RCRA metal based paint and /or debris shall be bome directly by the Contractor. This cost shall be included in the contractors base bid. 1 1 John Konzen Hot Inspection Service P.O. Box 1208 Round Rock, TX 78680 RPT DATE: 09 -10 -2002 REPORT #: CH22- 000767 -01 ACCOUNT #: 000767 PG NUMBER: 1/1 DATE SAMPLED: 08 -21 -2002 COLLECTED BY: Client PROJECT /SITE: Not Provided SAMPLE TIME COLLECTED 001 11:00 002 11:00 003 11:00 004 11:00 005 11:00 006 11:00 Z EST METHOD # UNITS SAMPLE 001 SAMPLE 002 SAMPLE 003 rsenic, Total EPA7060 mg /Kg wwt < 0.19 < 0.63 < 0.83 Barium, Total EPA7080 mg /Kg wwt 278,000 8,000 49,500 dmium, Total EPA7130 mg /Kg wwt 47 < 2.8 < 2.5 hromium, Total EPA7190 mg /Kg wwt 15 47 < 25 Lead, Total EPA7420 mg /Kg wwt < 29 79 2,200 r ry, Total EPA7450 mg /Kg wwt < < 0.001 < < 0.001 « < 0.001 ium, Total EPA7740 mg /Kg wwt < 0.019 < 0.062 < 0.083 r, Total EPA7760 mg /Kg wwt 13 < 5.6 95 Z EST METHOD # UNITS SAMPLE 004 SAMPLE 005 SAMPLE 006 rsenic, Total EPA7060 mg /Kg wwt < 0.25 < 0.42 < 0.21 Barium, Total EPA7080 mg /Kg wwt 430 25,000 6,500 dmium, Total EPA7130 mg /Kg wwt < 1.1 12 8.7 hromium, Total EPA7190 mg /Kg wwt 590 < 13 132,000 Lead, Total EPA7420 mg /Kg wwt 1,100 < 25 390 rcury, Total EPA7450 mg /Kg wwt < < 0.001 < < 0.001 « < 0.001 lenium, Total EPA7740 mg /Kg wwt < 0.025 < 0.041 < 0.020 fiver, Total EPA7760 mg /Kg wwt < 2.3 < 2.5 < 1.8 hank you very much. espectfully bBfit/ted, II Kenneth L. Richardson l aboratory Director • APPLIED MICROBIAL TECHNOLOGY, INC. 516 Leander Road Georgetown, Texas 78626 (512) 863 -0861 DESCRIPTION 1 MMG @WTP 2 MMG @WTP McNeil G.S. Lake Creek G.S. S.E. Booster G.S. Chandler Creek Elev. DATE RECEIVED: 08 -22 -2002 Test Method Date Time Tech DUPLICATE ANALYSIS Result Duplicate % Var Result SPIKE ANALYSIS Spike Spike Rslt 2 REC EXTERNAL STANDARD ANALYSIS Blank Rslt Standard Result % Rec Mercury, Total EPA7450 08 -28 -02 08:00 KR < < 0.001 0.00 0.0 < < 0.001 5 5.1 101.1 0.00 10 10 103.0 Cadmium, Total EPA7130 08 -31 -02 08:00 KR < 2.5 1.1 4.8 < 2.5 19 22 105.2 0.00 1.0 1.1 105.0 Barium, Total EPA7080 09 -05-02 09:30 KR 49,500 44,500 5.3 49,500 240 49,000 98.5 0.00 500 490 98.0 Chromium, Total EPA7190 09 -05-02 07:30 KR < 25 6.8 1.4 < 25 19 27 104.0 0.00 25 25 100.0 Lead, Total EPA7420 09 -05-02 08:30 KR 2,200 1,900 7.2 2,200 24 2,100 97.2 0.00 50 50 100.0 Arsenic, Total EPA7060 09 -06 -02 09:00 KR < 0.83 0.00 0.0 < 0.83 0.016 0.015 94.0 0.00 50 50 100.0 Selenium, Total EPA7740 09 -06 -02 07:00 KR < 83 0.00 0.0 < 83 17 18 105.1 0.00 50 50 100.0 Selenium, Total EPA7740 09 -06 -02 07:00 KR _ < 0.083 0.00 0.0 < 0.083 0.016 0.017 105.1 0.00 50 50 100.0 = MI • • -• I MO OM I I MI • r • In OM UM • LABORATORY QUALITY ASSURANCE REPORT METHOD LEGEND: EPA] EPA Method Number 5M] Standard Method Number AMT] Mfr Custom Method APPLIED MICROBIAL TECHNOLOGY, INC. 516 Leander Road Georgetown, Texas 78626 (512) 863 -0861 Aug 22, 2002 to Sep 11, 2002 [inclusive] All Results are presented in units as Page 1/1 reflected on the analytical report. AMT, INC accepts +/- 100 on Inorganic QC and +/- 20 % on organic and microbiology QC. < ;,T' j5 ' smpleDesctiptiO !it TM'' :51,,yTIAKA r w s. � ' %,SampYetl: f1.;cimi p ..9ampled ., ,r,,:prov. = - '<.L:O -. = - A`; ".'temp. r - :�, :Saiipler� ::4.. ., r:» •:Analysis Required; _ � •' ,- ANTED #• :' Time r hint`'Y'•�xci` " .. F; i °C�;...,�,F. 'r > °'T'• %is- «�irk,t L p't�yi... - .. - .. i !• • R1,�•r , f«. LwKw- Gie cE 4; . 5 . : -= Re� R„ Date • : Time' ,' Received ;by_ . Date Time • ceivedfor • MT by Date: Time - r- ►{Cr. s F 0/ S Zx SAS k -. _. NiiU`I' gA 8-a2o0 .. 9.0 DRAWINGS FM 3406 WOODS VLV. 61 5. 5 MC EL 924 V 9' DOWNTOWN O6 MC C L 663 ).� M EEK 4 7000 CPM((IN) -8.000 CPM(OUT) 501AC DR. 3,000 CPM COUNTY ROAD 170 I ERN R!11 1.5 140 CL 971 1431 1 MC EL 1031 5011(400 MATER GP _ II MC CR0060 MATER 009. 10 60 000060 MATER CAP. ORM114_4 I!C TOME =RACE PAP S.1! MC WAS DT WATER LIRE �0! FM 1431 WATER TREATMENT PLANT 2 MC - 12.000 GPM 1 MC RABBIT HILL ROAD CHANDLER ROAD 9 S.E. C.S. 2.5 MO -9.000 CPU L ; N � C f: • S / • • •• • • - - - - - - - - s - - - - - INIONINIMMINIONIIIMINIIMONI111113111M MMOINIONIMMOIN MIMI NM OM OM MI • MI MN MI MI MI • I MI r— • -- MI • SITE PLAN SENENA. NOTES' 1. }w�i.'u � hw•N r�.�i..�'..�.�.'w��1�.iu..: � i. -WI.!. �� Wr+m wny.N n .. Mxnn r w11.1n w.s...uinv w u. Lea... ...ae..m 0.11 *Sat r w e.r. • :.. dram.. 4:. ° °I mow`. w, ,w II. ui.n.m.r...w. n M • NI els awl **Alma mamma EMENalitar &rr t.pJ..� 2 itl OVn4frt O .m. WrWY...ulAnCE,W S. Saw la •ratricstf••• SFr . mw.e. wm .... .m m.w....,n .o..n woM..m ..,. nn.; n wu.T m4l • reagiu 2 . 3 1•01111116111111111110•111SIONIMMINIIIIMIIMINIMINNIIIIIIMINIIIIIIIMIN • =I NM 11•11 • NM I= MO OM NO • MI MO • MI MO MN MB tTf PLAN • adarit....9 Iva ■••■•p LLIJA.T121 • ;.7.S•epet ars` • 4,••••■•• n FL! re ••••...T. ••••yribra...11.0.■■■••Ir Ay re. A • • Zgria W "'.4 .4.0eIMIONJ ' 01.4. OR0.19 57DeacE TANN .1 ono WM, 37172.7e 7477 C4.4 /977 ina - Haynie & Kallmen Inc. Ae • • - MI I M - - - - • • MI • MI • NM • a SRE PLAN 0 xoTn Moro STROP iwx mxmAer ON /LAM. AIIM Vl V anom • A. ROOSTER T n B U : CON AUTON uM wiMONnM, ALLTMAN • ,� :. , :C:... aMxwn ASSEMBLY MAINE T iara • HYOROYMILKIM1 PACK, ,AT AND qe Mx cua "'"� J BOMAN NM PATrox CONTRACTOR N COOROMAt LL •ORR T Maourro eTMRAOM A TAnR conTRAemn. • .4-1N11690101 .1 11bl =="1 a w e a em.xri • d.wv. rn,—I ® ∎14.11 ° . wv T Wet= . Rrnna RT T • /SAN liIi ff 5 • = - - - MO M IM UM MN • • • = - - - NM MO ALUMINUM FLANGE W/ GASKET CARBON STEEL FLANGE NECK NOTE: CONTRACTOR SHALL SUBMIT SHOP DRAWING TO THE ENGINEER FOR APPROVAL PRIOR TO CONSTRUCTION. Ws" WIDE SS BAND (2— REQ'D) 16 MESH SCREEN 316 SS REMOVABLE ROOF VENT VARIES WITH VENT SIZE REMOVABLE HEAD, ALUMINUM (NON— PRESSURE). )15" MIN. THICKNESS. EXTEND HEAD TO 1' BELOW SCREEN OPENING ALUMINUM VENT NECK 3/16' MIN. THICKNESS MB • •• =•• OM MI OM OM I MN NM MB MI I 42" i 0 REM O O 36" MANWAY O 0 SECTION A -A A FRONT ELEVATION 0 0 0 O O 0 0 O 0 O