R-84-653 - 11/8/1984TEXAS
ATTEST:
J NNE LAND, City Secretary
RESOLUTION NO. 6.513R
R
WHEREAS, the City has duly advertised for bids for the
construction of South Round Rock Sewer Truck Line Project, and
WHEREAS, /34Y /1/1/N7NANCE submitted
the lowest and best bid, and
WHEREAS, the Council wishes to accept the bid of
n
/.�flY ///A /NTM/,4f/CE , and to authorize the
purchase of said sewer trunk line, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the bid of JAY / /iyTEN.9NCE
hereby accepted as the lowest and best bid, and the Mayor is
authorized and directed to execute on behalf of the City a
for
contract with 94 Y //217/4/7 ,
the construction of said sewer trunk line.'
RESOLVED this 0 477N day of , 1984.
MIKE ROBINSON, Mayor
City of Round Rock
is
CITY OF ROUND ROCK, TEXAS
SOUTH ROUND ROCK
WASTEWATER INTERCEPTOR
CONTRACT DOCUMENTS AND SPECIFICATIONS
Bids will be received at the Round Rock City Hall located at
214 East Main Street, Round Rock, Texas 78664, at 2:00 p.m.,
Tuesday, October 23, 1984.
Specification No.
TABLE OF CONTENTS
TITLE SHEET
TABLE OF-CONTENTS
NOTICE TO CONTRACTORS
INSTRUCTIONS TO BIDDERS
PROPOSAL AND BIDDING SHEET
AGREEMENT
BID BOND
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
INFORMATION REQUIRED OF LOW BIDDER
GENERAL CONDITIONS OF AGREEMENT
SPECIAL CONDITIONS OF AGREEMENT
TECHNICAL SPECIFICATIONS
BASIS OF MEASUREMENT AND PAYMENT
NOTICE TO CONTRACTORS
FROM THE CITY COUNCIL OF
THE CITY OF ROUND ROCK, TEXAS
SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
Sealed bids, in envelopes addressed to The City of Round
Rock, 214 East Main Street, Round Rock, Texas 78664, will be
received at the above mentioned address until 2:00 p.m.,
Tuesday, October 23, 1984, and then publicly opened and read,
for furnishing all plant, labor, material and equipment and
performing all work required for the construction of the
South Round Rock Wastewater Interceptor, located in William-
son County, Texas.
Bids will be submitted in sealed envelopes for each Con-
tract on the proposal furnished, and marked in the upper left
hand corner "Bid for South Round Rock Wastewater Interceptor,
to be opened at 2:00 p.m., Tuesday, October 23, 1984."
All proposals shall be accompanied by a cashier's certi-
fied check upon a national or state bank in the amount of
five (5) percent of the total maximum bid price payable with-
out recourse to The City of Round Rock, or a bid bond in the
same amount from a reliable surety company, as a guarantee
that bidder will enter into a contract and execute perform-
ance bond within ten (10) days after notice of award of con-
tract to him. The notice of award of contract shall be given
by the Owner within thirty (30) days after the bid opening.
The bid security must be enclosed in the same envelope with
the bid. Bids without check or bid bond will not be consid-
ered. 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 suc-
cessful bidder has executed the contract. Thereafter all
remaining securities, including security of the successful
bidder, will be returned within sixty (60) days. The suc-
cessful bidder must furnish performance bond and payment bond
in the amount of one hundred (100) percent of the contract
price from an approved surety company holding a permit from.
the State of Texas to act as surety (and acceptable according
to the latest list of companies holding certificates of
authority from the Secretary of the Treasury of the United
States) or other surety or sureties acceptable to the Owner,
with approval prior to bid opening.
Page 1 of 2
The right is reserved, as the interest of the Owner may
require, to reject any and all bids, and to waive any infor-
mality in bids received.
Plans, specifications and bidding documents may be se-
cured from the office of the Engineer, Haynie & Kallman,
Inc., on deposit of fifty dollars ($50.00) per set, which sum
so deposited will be refunded provided: (1) All documents
are returned in good condition to the Engineer not later than
forty -eight (48) hours prior to the time for receiving bids;
or (2) The Contractor submits a bid and all documents are
returned in good condition to the Engineer not later than
five (5) days after the time that bids are received.
Plans and specifications may be examined at the office
of the Engineer, Haynie & Kallman, Inc., 1106 South Mays,
Round Rock, Texas. Bidders should carefully examine the
Plans, Specifications and other documents, visit the site of
work, and fully inform themselves as to all conditions and
matters which can in any way effect the work or the cost
hereof. Should a bidder find discrepancies in, or omissions
from the Plans, Specifications or other documents, or should
be in doubt as to their meaning, he should notify the Engi-
neer, Haynie & Kallman, Inc. and obtain clarification prior
to submitting any bid. Prequalification Requirements: The
bidder is to submit information regarding his qualifications
with this bid in accordance with instructions contained in
the Bid Form. Minimum Wage Scale: As specified and regulat-
ed by the State of Texas and the Federal Government.
The improvements shall be completed within 220 calendar
days after Notice to Proceed from the Owner.
Page 2 of 2
INSTRUCTIONS TO BIDDERS
PROPOSAL
The proposal shall be submitted on the bidding forms which
are included herein, and shall be enclosed in a sealed enve-
lope addressed to:
City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
and shall be identified as follows:
"BID FOR THE SOUTH ROUND ROCK WASTEWATER INTERCEPTOR, to be
opened at 2:00 p.m., Tuesday, October 23, 1984."
A proposal will not be accepted unless prepared on the bid-
ding form provided. The sealed proposals will be publicly
opened and read at the time and place stated in the Notice
to Contractors. Bidders or their authorized agents are
invited to be present. Unauthorized conditions, limitations
or provisions attached to a proposal will render it informal
and may cause its rejection. The complete proposal forms
shall be without addition, alterations or erasures. Alterna-
tive proposals will not be considered unless called for. No
oral, telegraphic or telephonic proposals or modifications
will be considered. The proposal may be withdrawn upon
request by the bidder without prejudice to himself prior to,
but not after, the time fixed for opening of bids, provided
that the request is in writing, has been executed by the bid-
der or his duly authorized representative, and is filed with
the Owner.
DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership,
corporation or association under the same or different names,
will not be considered. Reasonable grounds for believing
that any bidder is interested in more than one proposal for
the work contemplated will cause the rejection of all propo-
sals in which such bidder is interested. If there is reason
for believing that collusion exists among bidders, all bids
will be rejected and none of the participants in such collu-
sion will be considered in future proposals.
RETURN OF PROPOSAL GUARANTEES
Within twenty -five (25) days after an award of the Contract,
the Owner will return the proposal guarantees accompanying
1 of 3
each of the proposals as are not considered in making the
award. All other proposal guarantees will be held until the
Contract has been finally executed. They will then be re-
turned to the respective bidders whose proposals they accom-
pany.
AWARD OF CONTRACT - RESERVATION OF RIGHTS
Contracts, if awarded, will be awarded to responsible bidders
whose proposals comply with all the requirements prescribed.
Awards, if made, will be made within sixty (60) calendar days
after the opening of the proposals. The Owner reserves the
right to reject any or all bid proposals, to accept the low-
est responsible bidder's proposal, and to waive any informal-
ity in any proposal.
EXECUTION OF CONTRACT
A bidder to whom award is made shall execute a written con-
tract with the Owner on the form of agreement provided.
Failure or refusal to enter into a contract as herein provid-
ed, or to conform to any of the stipulated requirements in
connection therewith shall be a just cause for the annulment
of the award. If the successful bidder refuses or fails to
execute the Contract, the Owner may award the Contract to
second lowest responsible bidder. If the second lowest re-
sponsible bidder refuses or fails to execute the Contract,
the Owner may award the Contract to the third lowest respon-
sible bidder. On the failure or refusal of such second and
third lowest responsible bidder to execute the Contract, the
work may be re- advertised.
PROPOSAL GUARANTEE
Each proposal shall be accompanied by a certified or cash-
ier's check or bid bond in the amount of not less than 5% of
the amount named in the proposal. Said check or bond shall
be made payable to the Owner and shall be given as a guaran-
tee that the bidder, if awarded the work, will enter into a
contract within ten (10) days after the award and will fur-
nish the necessary bonds as hereinafter provided. In case of
refusal or failure to enter into said contract, the check or
bond as the case may be, shall be forfeited to the Owner. No
bidder's bond will be accepted unless it conforms substan-
tially to the form furnished by the Owner, which is bound
herein, and is properly filled out and executed.
PROPOSAL SIGNATURE
If the proposal is made by an individual, it shall be signed
and his full name and his address shall be given; if it is
2 of 3
made by a firm it shall be signed with the co- partnership
name by a member of the firm, who shall sign his own name,
and the name and address of each member shall be given; and
if it is made by a corporation the name of the corporation
shall be signed by its duly authorized officer or officers
attested by the corporate seal, and the names and titles of
all officers of the corporation shall be given.
COMPETENCY OF BIDDERS
In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing, but also to
the general competency of the bidder for the performance of
the work covered by the proposal. To this end each proposal
shall be supported by a statement of the bidder's experience,
on the form entitled "Information Required of Low Bidder ",
bound herein.
BIDDER'S EXAMINATION OF SITE
Each bidder shall examine carefully the site of the proposed
work and the Contract Documents therefor. It will be assumed
that the bidder has investigated and is satisfied as to the
conditions to be encountered; as to the character, quality
and quantity of materials to be furnished and as to the
requirements of the Contract, Specifications and Drawings.
ADDENDA
Bidders desiring further information, or interpretation of
the Plans or Specifications must make request for such infor-
mation in writing to Engineer, prior to 48 - hours before the
bid opening. Answers to all such requests will be given in
writing to all bidders, in Addendum form, and all Addenda
will be bound with, and made a part of, the Contract Docu-
ments. No other explanation or interpretation will be consi-
dered official or binding. Should a bidder find discrepan-
cies in, or omissions from the Plans, Specifications or other
Contract Documents, or should he be in doubt as to their
meaning, he should at once notify the Engineer in order that
a written Addendum may be sent to all bidders. Any Addenda
issued prior to twenty -four (24) hours of the opening of bids
will be mailed or delivered to each Contractor contemplating
the submission of a proposal on this work. The proposal as
submitted by the Contractor will be so constructed as to in-
clude any Addenda if such are issued by the Engineer prior to
twenty -four (24) hours of the opening of bids.
3 of 3
PROPOSAL
TO
THE CITY OF ROUND ROCK
FOR THE CONSTRUCTION OF THE
SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
The undersigned, as bidder, declares that the only person or
parties interested in this proposal as principals are those
named herein, that this proposal is made without collusion
with any other person, firm or corporation; that he has care-
fully examined the form of contract, Notice to Contractors,
inviting bids, conditions and classes of materials of the
proposed work; and agrees that he will provide all the neces-
sary labor, machinery tools, apparatus, and other items inci-
dental to construction, and will do all the work and furnish
all the materials called for in the contract and specifica-
tion in the manner prescribed therein and according to the
requirements of the Engineer as therein set forth.
It is understood that the following quantities of work to be
done at unit prices are approximate only, and are intended
principally to serve as a guide in evaluating bids.
It is further agreed that the quantities of work to be done
at unit prices and materials to be furnished may be increased
or diminished as may be considered necessary, in the opinion
of the Engineer, to complete the work fully as planned and
contemplated, and that all quantities of work, whether in-
creased or decreased are to be performed at the unit prices
set forth below except as provided for in the Specifica-
tions.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the Engineer; but not shown
on the plans or required by the Specifications, in accordance
with the provisions of the General Conditions. Similarly,
they may be decreased to cover deletion of work so ordered.
It is understood and agreed that the work is to be completed
within the time herein stated.
The undersigned bidder agrees to commence work within ten
(10) days after written Notice to Proceed has been given.
Page 1 of 10
r - �
ACKNOWLEDGEMENT OF PAYMENT ITEMS
The undersigned acknowledges that the foregoing bid items are
the only items of payment under this contract and that his
bid price under these items reflects the complete charges for
furnishing all labor, material, and equipment to complete the
project as outlined in the plans, specifications, and con-
tract documents.
KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS
The undersigned warrants that he has examined the location of
the proposed work, the plan drawings, specifications, and all
other parts of the Contract Documents, and•is familiar with
the local conditions at the place where the work is to be
performed.
CONTRACT TIME
If awarded the Contract, the undersigned agrees to complete
the South Round Rock Wastewater Interceptor within 220 calen-
dar days.
OWNER'S RIGHTS RESERVED
The undersigned understands and agrees that the Owner reser-
ves the right to reject any or all Proposals or to waive any
informalities of technicalities in any proposal in the inter-
est of the Owner, except as specifically limited by the terms
of the Contract Documents or applicable Laws or Governmental
Regulations.
ADDENDA
The undersigned acknowledges receipt of the following adden-
da:
Addendum No
Page 2 of 10
Dated
is -t y -407
L
SUBMISSION OF THE PROPOSAL
In accordance with the Contract Documents, the above Proposal
is hereby respectfully submitted by:
Name
Exec, • •y Signature
Business Address
f Con ctor
(Seal if Bid is by a Corporation.)
7/( <t' 1
Page 3 of 10
Date
JO - 30 ^8./
Title or Position
Telephone Number
PROPOSAL BIDDING SHEET
['
CONTRACT: SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
II JOB LOCATION: ROUND ROCK, WILLIAIISON COUNTY, TEXAS
OWNER: CITY OF ROUND ROCK
Gentlemen:
Pursuant to the foregoing Notice to Contractors and Instructions to Bidders, the
il undersigned bidder hereby proposes to do all the work, to furnish all necessary superin-
tendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous
items, to complete all the work on which he bids as provided by the attached supplemental
specifications, and as shown on the plans for the construction of the South Round Rock
il Wastewater Interceptor, and binds himself on acceptance of this proposal to execute a con-
tract and bond for completing said project within the time stated, for the following
prices, to wit:
J
Item I
Item Quantity Unit
BASE BID
Item Description Unit
and Written Unit Price Price Amount
1 6,642 L.F. 24" Wastewater Main, 0 -8' depth, complete
in place, per linear f ot
for c7-;:? -..e.49 Z / Dollars
and a Cents $,.Z °° $ /85976 o0
2 2,230 L.F. 24" Wastewater Main, 8 - 10' depth, complete
in place per linear foot
for f _a- Dollars eo ea
and 4,V Cents $.=q/ 2a. "' $ K /.i —
3 2,469 L.F. 24" Wastewater Main, 10 - 12' depth, complete
in place, per linear foot
for --5,�� Dollars
and ilZ d Cents S.-SC- $ 8J 7.F
4 1,062 L.F. 24" Wastewater Main, 12 -14' depth, complete
in place, per line f�oo
forte °, Dollars
and Cents $
Page 4 of 10
J
$,ms
Bid Item Description Unit
i ll Item Quantity Unit and Written Unit Price Price Amount
5 1,155 L.F. 24" Wastewater Main, 14 -16' depth, com-
plete in place, per linear foot
for - Dollars ✓
and jt/° Cents $ S/ $ v'?1 --
6 327 L.F.
24" Wastewater Main, 16 -18' depth, com-
plete in p ace, per linear foot
for c/ Dollars `
and Cents $ l's — ` ' $ /1420 =
II 7 460 L.F. 24" Wastewater Main, 18 -20' depth, com-
plete in place, per linear foot
II for 4.x-R---- Dollars
and Cents $ 7/ QO $mil /p —
8 325 L.F. 21" Wastewater Main, 0 - 8' depth, complete
in place, per linear foot
1! for �, i Dollars / ti
and Cents $ �� °° S 7Poo
11 9 430 L.F. 21" Wastewater Main, 8 - 10' depth, complete
in place, per linear foot
for o ra �,/ -.��4z Dollars °-
and a� Cents $ 027//4;127 ° $ //4;127 —
10 82 L.F. 21" Wastewater Main, 10 -12' depth, com-
il a plete in place, per linear foot
t for ce
�f /.0 X- - 7.c..ia Dollars
I! and /j/° v Cents $ 2 °° $ '?6-? -
11 190 L.F. 21" Wastewater Main, 12 -14' depth, com-
11 plete in place, per linear foot
for k; , r--x _ Dollars o�
11 and (en 7 $ 7 /:`—
12 38 L.F. 21" Wastewater Main, 14 -16' depth, co
C m-
ts $
plete in place, per linear foot
for ,, 5�T/,vn Do Cent a
and /LN Cents $ 4 S /7ffG -
Page 5 of 10
i
Bid
Item Quantity Unit
Item Description
and Written Unit Price
13 50 L.F. 21" Wastewater Main, 16 -18' depth, com-
plete in place, pen linear foot
for S�yl . Dollars
and a Cents $
14 425 L.F. 18" Wastewater Main, 0 -8' depth, complete
in place, pp per linear foot
for c_I.wf'y Dollars
and /f /, Cents $o-Si $ 450:4
15 165 L.F. 18" Wastewater Main, 8 -10' depth, com-
plete in place, per linear foot
for (mecca. Dollars
and Cents $ $
16 100 L.F. 15" Wastewater Main, 0 -8' depth, complete
in place, per linear foot
for <=4/. ,
Dollars
and Cents $ o 2a $ —?pao
17 730 L.F. 15" Wastewater Main, 8 -10' depth, com-
plete in pl ace, per li near foot
formXuc. Dollars
and ^ Cents $ te $ /47'74 7
18 1,000 L.F. 15" Wastewater Main, 10 -12' depth, com-
plete in place, per linear foot
20
19 276 L.F. 15" Wastewater Main, 12 -14' depth, com-
plete in place, per linear foot
Yl 1 W j
1
for
and
for
and
AA7 -.ma
Dollars
Cents
a. Standard Manhole, 0 -8' depth, complete
in place, per each
Page 6 of 10
Unit
Price
Amount
Dollars
Cents $ may—" $ pDp
$ ?6'd 5=-
for �, Cents $ ksaix , ars
and 4 K�
/, 6 / $ � lea
Bid
Item Quantity Unit
21 3 Ea. Manhole with Bolted,Cover and Vent, 0 -8'
depth, complete in place, per each
for-- /v2,,,,;, Dollars /
and //ll 4 Cents $ /,Sao °° $ ..svo=
22 Y84 V.F. Extra Depth for Manhole over 8' deep, com-
1813 piete in place, per verticel foot
for Dollars /
and ./26 Cents $ 4.20 $ /44!l
23
24 335.5 L.F. Bore and 30" Steel Encasement, complete
in place, per linear foot
and
! L
�/e
25 153 L.F. Bore and 36" Steel Encasement, complete
in place, per linear foot
Bid
Item Quantity Unit
Item Description
and Written Unit Price
9 L.F. Open Cut Pavement and Repair, complete in
place, per linear foot
for cc.,,y, Dollars
and A/ Cents $ —°` $ /, 76# °—°
for
and
TOTAL BASE BID - SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
(Items 1 thru 25)
ALTERNATE BID
Item Description
and Written Unit Price
1A 6,642 L.F. 21" Wastewater Main,, 0-8' depth, complete
in place, per linear foot
for f Dollars
and Cents $ ' $ /l.2,4,/
Page 7 of 10
Unit
Price
Dollars
Cents $ Asa $ //7
Unit
Price
Amount
Amount
Dollars .
Cents $ c =° $ 4440
Bid
Item Quantity Unit
2A 2,230 L.F. 21" Wastewater Main, 8 -10' depth, complete
in place, per linear foot
for �lw.ern7 - .576/4wi
and
3A 2,469 L.F. 21" Wastewater Main, 10 -12' depth, com-
plete in place, per linear foot
for u/ /
and
1,062 L.F. 21" Wastewater Main, 12 -14' depth, com-
plete in place, per linear foot
for
and
for
and
Item Description
and Written Unit Price
5A 1,155 L.F. 21" Wastewater Main, 14 -16' depth, com-
plete in place, per linear foot
for
and
6A 327 L.F. 21" Wastewater Main, 16 -18' depth, com-
plete in place, per linear foot
for Dollars
and Cents
Unit
Price Amount
Dollars
Cents $0?7 $//./D -2 - `
Dollars Ga
Cents $
Dollars
Cents
Dollars
Cents $ $ 5/7/7
7A 460 L.F. 21" Wastewater Main, 18 -20' depth, com-
plete in place, per linear foot
for ,/ ��se�i,� Dollars
and " $ l7
8A 325 L.F. 18" Wastewater Main, 0 -8' depth, complete
in place, per linear foot
for 7 Dollars
and Gv Cents $a 2Q $
9A 430 L.F. 18" Wastewater Main, 8 -10' depth, com-
plete in place, per linear foot
Page 8 of 10
G
$ —3/,OOs.
Dollars
Cents $ /O /J /� 21
Bid
Item Quantity Unit
Item Description
and Written Unit Price
10A 82 L.F. 18" Wastewater Main, 10 -12' depth, com-
plete in place, per`linear foot
and �� /�/ Dollars $ ✓/
.e ns —27Y $ .?,-3 se
11A 190 L.F. 18" Wastewater Main, 12 -14' depth, com-
plete in place, per linear foot
for
and 7
13A 50 L.F. 18" Wastewater Main, 16 -18' depth, com-
plete in place, per linear foot
for G X�,.,
and �j
i
14A 425 L.F. 15" Wastewater Main, 0 -8' depth, complete
in place, per linear foot
L
Page 9 of 10
Unit
Price
Amount
for o{5f,,., Dollars
and y,,., Al Cents Sys $
12A 38 L.F. 18" Wastewater Main, 14 -16' depth, com-
plete in place, per linear foot
for Dollars /
and „4,1., Cents $ �,C� $ /l
Dollars ?
Cents $ `�2� $ a6aG
Dollars
Cents $ /I $ 10,97G
15A 165 L.F. 15" Wastewater Main, 8 -10' depth, com-
plete in place, per linear foot
for Dollars
and Cents $ /y —
L 16A 100 L.F. 12" Wastewater Main, 0 -8' depth, complete
in place, per linear foot
for Dollars
and Cents $ $ boa
17A 730 L.F. 12" Wastewater Main, 8 -10' depth, com-
plete in place, per linear foot
for �iiyo p� Dollars
and y Cents $ /7 $ /' 77G
Bid
Item Quantity Unit
18A 1,000 L.F. 12" Wastewater Main, 10 -12' depth, com-
plete in place, per linear foot
for Dollars
and �/ Cents
19A 276 L.F. 12" Wastewater Main, 12 -14' depth, com-
plete in place, per linear foot
for c=44 ax-t./ Dollars '.-/-
and / Cents $ 3/° $ As-s
20A '4 Ea Standard Manhole, 0 -8' depth, complete
in place, per each
i / — .,. . ,
for
and
Item Description
and Written Unit Price
Dollars
Cents
21A 3 Ea. Manhole with Bolted Cover and Vent, 0 -8'
depth, complete in place, per each
place, per linear foot
for
and 44,
24A 488.5 L.F. Bore and 30" Steel Encasement, complete
in place, per linear foot
for
and
lvQ.
2.vxc�uoG
TOTAL ALTERNATE BID - SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
(Items 1A thru 24A)
Page 10 of 10
Unit
Price
Dollars
Cents $ o?D a
Dollars
Cents $-Soo °-°
Amount
$ 440 a $
for , �}�� A Dollars /
\ �1p and !� 4,6 Cents $ /saa `° $ .s/�D °°
22A N4 V.F. Extra Depth for Manhole over 8' deep, com-
plete in place, per vertical foot
for d , xc4cc/ Dollars .l
and ■ Cents $ ..&w =r $ / (j OO °°
23A X12 L.F. Open Cut Pavement & Repair, complete in
$ /, 700 ° - -o
THE STATE OF TEXAS X
COUNTY OF WILLIAMSON X
THIS AGREEMENT, made and entered into this day of
, A.D., 1984, by and between the CITY OF
ROUND ROCK, TEXAS, its Mayor, Party of the First Part, here-
inafter termed the OWNER, and BAY MAINTENANCE COMPANY, INC.
of the City of Horseshoe Bay , County of Llano
and State of Texas
AGREEMENT
Part, hereinafter termed CONTRACTOR.
, Party of the Second
WITNESSETH: That for an in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
the Party of the First Part (OWNER), and under the conditions
expressed in the bond bearing even date herewith, the Party
of the Second Part (CONTRACTOR), hereby agrees with the said
Party of the First Part (OWNER) to commence and complete the
construction of certain improvements described as follows:
SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
further described as the work covered by this specification
consists of furnishing all labor, equipment, appliances, and
materials, and performing all operations in connection with
the excavation, installation of pipe lines and appurtenances,
backfilling and compaction of trenches complete in accordance
with the Plans, and all extra work in connection therewith,
under the terms as stated in the General Conditions of the
Agreement and at his (or their) own proper cost and expense
to furnish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accesso-
ries and services necessary to complete the said construc-
tion, in accordance with the conditions and prices stated in
the Proposal attached hereto, and in accordance with the
Notice to Contractors, General and Special Conditions of
Agreement, Plans and other drawing and printed or written
explanatory matter thereof, and the Specifications and adden-
da therefor, as prepared by HAYNIE & KALLMAN, INC., 1106
South Mays, Round Rock, Texas 78664, herein entitled the
ENGINEER, each of which had been identified by the CONTRAC-
TOR'S written proposal, the General Conditions of the Agree-
ment, and the Performance and Payment hereof and collectively
evidence and constitute the entire contract.
Page 1 of 2
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
The CONTRACTOR hereby agrees to commence work within ten (10)
days after the date written notice to do so shall have been
given to him, and to substantially complete the same within
220 calendar days after the date of the written notice to
commence work, subject to such extensions of time as are
provided by the General and Special Conditions.
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 exe-
cuted this Agreement in the year and day first above writ-
ten.
CITY OF ROUND ROCK, TEXAS
Party of the First Part
(OWNER)
By 'j
g to be execu
•1 ' /�/ L/
( 'e fol
tion.)
I,
1 s Mike Rob on, Mayor
ST:
am the Secretary of the
Corporate Seal
BY:
in; tha SC i<L&%,,C
BAY MAINTENANCE COMPANY, INC.
Party of th; Second Part
(CONTRACT
ed if the Contractor is a Corpora-
Page 2 of 2
, certify that I
rporation named as Contractor here-
, who
ed
this Contract on behalf of the Contractor was the
(official title) of said Corporation, that
said Contract was duly signed for and in behalf of said Cor-
poration by authority of its governing body, and is within
the scope of its corporate powers.
ank Dan King
(Principe
/ETNA INSURANCE COMPANY
(Sw.ty1 -
BID BOND
a tna
m.n.aa. arq.e0
ETNA INSURANCE COMPANY
The American Institute of Architects,
AIA Document No. A310 (February, 1970 Edition)
KNOW ALL. MEN BY THESE PRESENTS, that we Bay Maintenance Company, Inc.
as Principal, hereinafter called the Principal, and AETNA INSURANCE COMPANY, Hartford, Connecticut,
a corporation duly organized under the laws of the State of Connecticut
as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Round Rock, Texas
as Obligee, hereinafter called the Obligee, in the sum of Five Percent Maximum Amount Bid
Dollars (E 5% GAB ),
for the payment of which .sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, adminis-
trators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Prncipal has submitted a bid for South Round Rock Wastewater Interceptor
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accord-
ance 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 dif•
ference 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 scaled this 30th
Revised February, 1970
SB 5714b x Printed in U.S.A.
"Mess)
( W d ne s t)
day of October
Bay Ma - nance Comp
Bond No.
Ys
In
(Tltl.) President
a
mtl.l Attorney -in -Fact
19 84.
(5.a0
,
PERFORMANCE BOND
..?7.f.5 7
THE STATE OF TEXAS j
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS, THAT l�q�/�Z9 /.✓��iv.✓cc'
e.91149 of the City of A7A.e731E F bGs.
County of Z Z -Jo , and State of
as principal, and g4 j_2-Ac,,e i.-kE 1.49,9
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, TEXAS (OWNER), in the penal sum
/'H7 NH.✓04 Ep f0.¢T�.�EJE�I 7 N043•sWo a
of F.i/fi /4 /n4Eo rnrr /l�.ia d fifi07,- Dollars ( $h'7 S2 eno )
for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, suc-
cessors and assigns, jointly and severally, by these pre-
sents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner dated the day of
19 , to which contract is hereby referred to and made a
part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH,
that if the said Principal shall faithfully perform said Con-
tract and shall in all respects duly and faithfully observe
and perform all and singular the covenants, conditions and
agreements in and by said contract agreed and covenanted by
the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and the Plans
and Specifications thereto annexed, then this obligation
shall be void; otherwise to remain in full force and effect;
PB -1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended and all liabilities on this bond shall be
determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
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
19
Principal
By
Title
Addressik eE13f/aE
7)o
Surety
BY��X.In l� ' 0
/9LL -I
Title 4 TToa„/�,
'7,19/ Address (.9y SELL Ce ceie - r .oJ
PB -2
/124/e a4E A;9 LL / l 7/2 �c! — 0./L L /J — z ' Js� ' 6
The name and address of the Resident Agent of Surety is:
g /ap ,✓ CE,/T,2.4 LAS ".e SSLlfig/ 06 LL.i9.Z / A( 937 -0
J
THE STATE OF TEXAS
COUNTY OF P ; 11- 19L2n3
KNOW ALL MEN BY THESE PRESENTS,
- etv44i9.✓/
, and State of AS
County of L /, A ✓a
PAYMENT BOND
�o.IV .1o_A .17 - 7.5 - 40 7
THAT/n4/6 e.
of the City of 49, BGE F,
as principal, and , 4g7 //9 S SN 2.9-/c E de9/YI. -/1
authorized under the laws of the State of Texas to act as
PB -3
surety on bonds for principals, are held and firmly bound
unto the CITY OF ROUND ROCK, TEXAS (OWNER), in the penal sum
£ /ViT 1W61 -p fae-r.I- I,77-I 7- /DNSAI✓D
offiddf/ra.✓na FeAr oWE d /Yoko° Dollars ($/51/ po )
for the payment whereof, the said Principal and Surety bind
themselves and their heirs, administrators, executors, suc-
cessors and assigns, jointly and severally, by these pre-
sents:
WHEREAS, the Principal has entered into a certain written
contract with Owner, dated the day of
19 , to which contract is hereby referred to and made a
part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying
labor and material to him or a subcontractor in the prosecu-
tion of the work provided for in said contract, then, this
obligation shall be void; otherwise to remain in full force
and effect;
Provided, however, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended and all liabilities on this bond shall be
determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of the contract, or to the work performed thereunder,
or the plans, specifications or drawings accompanying the
same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the contract,
or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this day of
19
rincipa
Title
�T/19 -P caNPl4,-1C'.�i ed02,9 r,//
Sure
By
PS -4
Title ,o4/E/ ir✓- rA��
The name and address of the Resident Agent of Surety is:
CA 4ES /"APAdidc,7 j eAmA3E2l e -e,-t7 &,J3 0607E 1
g /SD, �C)� G P2e / A9L2,93 "7S - .Le3 (o
AddressiA45E,14oc Z•0/ Address n7.43 4L
oX 7 / /So ✓ CE 72.42 ci4
749/t3 fr LL3 71e SY ‘-- tLA.S - 7S.�
O
KNOW ALL MEN BY THESE PRESENTS, that AETNA INSURANCE COMPANY, a corpyravun created by antl errsarry under the laws of the State of
Connecneh,1 Ii.ivmg n, parr rpal office in the Lily of Hanford, State 0f Cunt hecutot, apes timothy nominate, cotlsatote and appoint
DANIEL R. JAMESON, CHARLES F. MC CULLOUGH, ALLEN W. CRISS, JOANNE A. WALTER, BARBARA HOTT,
THERESA SCHNEBELT, and GERRY WATTNER, all of the City of Dallas, State of Texas*
r, hbe acrd lawful artorneylsl in tact, earth full power and authorty hereby conferred to execute, and to at to, thereto the seal of the corporation as Surety as
as act and deed r ubler t TO the kmrtannns and conditions hereinafter ser forth bonds and uneterla0 a5 follows
Any and all bonds and undertakings of suretyship*
arid '0 had AETNA INSURANCE COMPANY ihcreby as lull, and to the 500e wort. h,1 as r1 st.r,n bond were signed by the duly authon_ed nlfrccrs of AETNA
INSUR ANL E COMPANY, and all dreads of sate attorney is] pursuant tat thnrrly 50 given are hereby ranted and confirmed
This power 51 Pi orrray is yt0nted under and by the authors3 o1 the Inllosyrng applo ahre p,sray,raphk nl AR NCI. E 11 nt the BYLAWS or the eor•,parry
he pt. s dr ril h,1 eae president n.iy nrpc ule hdeluy a•10 Dix sty bands arrd 011re bonds corer aces of •nderenrty. 05VOgnrzances, stipulations, undertak
nos, receipt; releases deed., releases of mortgages, ccntract-, aorrwmen's policies, rences of appearance, waivers or matron and consents to rnodhca
Iron; Gt eortr arts as may I,s required In the ordinary course of 0015 of the directors, and such execution may be attested where necessary or
desra barn nri lire seal of the company where nece5Sar, or desirable n 3570 ,ff axed to the specific rnctrunrcr it by a secretary or an assistant ser rotary
The president or a vice president may with, the concurrence of a secretary or an 3ssurant secretary appoint and authonre an at1Urney to or any other
person to exerutn on behalf of the company ane such rnsrarrents and u•.oerlakurgs and 11 affix Ole seal of the 1 nrnpany thereto where necessary or
des ram
The attorney ,p fact under the preceding paragraphs of tits article arc au1110 r_ed and empowered to cerrrfy to a copy of any of the bylaws of the nom
rally nit env resnlunons adopted by the directors o re, the Irnaeual statement of the condrlan of the company and to alto the seal of the company thereto
„ cr desirable
Ti pnv. r-r 01 attorney its srgo Ted 0111 sealed Icy mu dire by 'rah •uo1115 ei 110 follusytru Resolution adopted by the Board of Director; of the
At 1 NA INSURANCE COMPAN r at a meeting dul 5 0 0 0 0 1 3 1 0, 0 1 0 0, 0 1 1 1 11 11 day of February, 1996
IESOL VEla TPA 1 in the eke, urnn, atfestalrnn and seal ng of anv instrument or undertaking authorr_ed by Article 11 of the Bylaws, the lawnntle
sloe:Pi m s ul ihr rain - eta and the farsrmrle seal of toe Company alfeted thereto shall be vaod and binding upon the Company
IN WITNESS WHEREOF, AETNA INSURANCE COMPANY has caused these presents to be signed by Its Vice President and Its Secretary,
and PS corporate seal to be hereunto affixed this 17th day
August 83
o' , 19 /�a rr g o 4
Attest : AE * NA \ 4 / ,A E?NA INSURANCE COMPANY
BS3300, Pld rnUSA
Y
ENNSYLVA A
AETNA INSURANCE COMPANY
HARTFORD, CONNECTICUT
SS
POWER OF ATTORNEY
aAN E
E to
By
Vice President H.F. CRANIE, .IR.
COUNTY pF DELAWARE
On this 17th day of , August , 40 83 , before me, JOAN LOUGHRAN , the
ui derslgned officer, personally appeared H. F. Mc CRANIE, JR, and J. J. MURPHY who
ar:knowledged themselves to be the Vice President and Secretary of AETNA INSURANCE COMPANY, a corporation, and that they, as such
Vice President and Secretary being authorized so to do, executed the totegotngg instrument fox the purposes therein contained by signing
the name of thgatltkSA iron by themselves as Vice President and Secretary ono/in said Secretary affixed there the seal of the corpora-
tionandofl@steckjpMf . cOtbOn of the foregourg instrument
In /Lltaes I fAlihfes @t my hand and seal 4
G ' ^ JOAN O N+;fifq i lt', IN - k.., p.m,.
e5 ' 0101. all: Lipper Darby Pelsv,arc near., P,
I C It t ry . Mytommission expires ear Ce antler Eadrres !0a. 12, lab;
CERTIFICATE
I the undersigned, Secretary of the AETNA INSURANCE COMPANY, a Connecticut corporation, DO HEREBY CERTIFY that the above and
foregoing Power of Attorney remains in full force and has not been revoked, and, furthermore, that the paragraphs of ARTICLE 11 of the
BYLAWS of the corporation, as set forth in the Power of Attorney, are now in force
Signed and Sealed at 04G4 .45 %X this
e ''e '1. 9 1 Of
ANA r
!INSURANCE!
I
TYPE OF
INSURANCE
POLICY
NO.
EFFECTIVE
DATE
EXPIRATION
DATE
LIMITS OF LIABILITY
Workmen's
Compensation
Statutory, State of
Texas, $
Employer's Liability
Comprehensive
General
Liability
Includes
Contractual
Liability
Bodily Injury
$ each person
$ each accident
Property Damage
$ each accident
C ---- aggregate
Covers
Independent
Contractors
Owner's
Protective
Bodily Injury
$ each person
$ each accident
Property Damage
$ each accident
$ aggregate
Comprehensive
Automobile
Liability
Owned
Vehicles
Bodily Injury
$ each person
$ each accident
Property Damage
$ each accident
Hired
Vehicles
Non -owned
Vehicles
Includes
Contractual
Liability
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
TO: City of Round Rock
214 East Main Street
Round Rock, Texas 78664
CERTIFICATE OF INSURANCE
Date:
Description of Work:
THIS IS TO CERTIFY THAT is, at the date of
this certificate, insured by this company with respect to the business opera-
tions hereinafter described, for the types of insurance and in accordance with
the provisions of the standard policies used by this company, and further here-
inafter described. Exceptions to standard policies are noted on the reverse
side hereof.
Page 1 of 2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
The above policies either in the body thereof or by appropriate endorsement
provide that they may not be changed or cancelled by the insurer in less than
ten days after the insured has received written notice of such change or cancel-
lation.
This Certificate of Insurance neither affirmatively or negatively amends, ex-
tends, or alters the coverage afforded by policy or policies indicated by this
certificate.
(Name of Insurer)
By:
Title:
Address
Page 2 of 2
•
L�
.1
•
INFORMATION REQUIRED OF LOW BIDDER
The low bidder is required to supply the following informa-
tion. Additional sheet may be attached if necessary.
(1) Name 1J a, 6/, / Vv-�
( 2 ) Address 1 x � S ` 7 ( - o - 4 s E s T - x 7 7( ryL-
(3) Phone Number f 4 4 - b b e 4 (/1 -t4 c
(4) Type of firm:
( ) Individual, ( ) Partnership, (X) Corporation
(5) Corporation organized under the laws of the State of
(6) List the names and address of all members of the firm or
names and titles of all officers of the corporation: fI
1....7 1!� J t emu.-. -- PAR/ �" rz.rs -r t`�: -
a �,� ;+1 - v t? 64_,( FA-k. (s
) i _ Jf
(7) Number of years experience
Page 1 of 2
r L E Or 6 n w'-
(8) List at least three (3) projects completed as of recent
date: Contract Amount /Class of Work /Date Completed /Name
and Address of Owner
$ jig Y61/ 54.2EOrs L �F,m.�.�s isbSf�'
$ -(73 ff66 6)4- f S ( c7 L y r 44ti D - s z3 y
$ / 6 I U 7L < < - c72 8 244 2 lid g: _ -A s 3 7
(9) List the name and address of each subcontractor who will
perform work in or about the work or improvement in ex-
cess of one -half (1/2) of one percent (1 %) of the total
bid price and indicate what part of the work will be
done by each such subcontractor:
Name Address Work to be Performed
- L 14 a 1 L e,-ac ) K
(10) Payment pf taxes, in the State of
Yes x No
Page 2 of 2
(11) If requested by the Owner, the Low Bidder shall submit
a notarized financial statement, financial data or
other information and references sufficiently compre-
hensive to permit an appraisal of his current financial
conditions.
GENERAL CONDITIONS OF AGREEMENT
GENERAL CONDITIONS OF AGREEMENT
,T•
1. DEFINITIONS
GENERAL CONDITIONS OF THE AGREEMENT
CONTENTS
Page
1
2. GENERAL PROVISIONS 3
2.01 Engineer's Status and Authority 3
2.02 Right of Engineer to Modify Methods
and Equipment 3
2.03 Changes and Alterations 4
2.04 Damages 4
2.05 Losses from Natural Causes 4
2.06 Laws and Ordinances 4
2.07 Licenses, Permits, and Certificates 5
2.08 Royalties and Patents 5
2.09 Keeping of Plans and Specifications
Accessible 5
2.10 Discrepancies and Omissions 5
2.11 Contractor's Understanding 5
2.12 Extra Work 6
2.13 Payment for Extra Work 6
2.14 Assignment and Subletting 7
2.15 Subcontractors 8
2.16 Owner's Status 8
2.17 Completed Portions of Work 8
2.18 Materials 8
2.19 Receiving and Storage of Materials 8
2.20 Or Equal" Clause 8
2.21 Completed Work 9
2.22 Materials Furnished by the Owner 9
2.23 Protection of Property 9
2.24 Shelters for Workmen and Materials 9
2.25 Sanitary Facilities 10
3 CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 10
3.01 Labor, Equipment, Materials and
Construction Plant 10
3.02 Performance and Payment Bonds 10
3.03 Contractor's Ability to Perform 11
3.04 Superintendence and Inspection 11
3.05 Character of Employees 11
3.06 Contractor's Duty to Protect Persons
and Property 11
3.07 Safety Codes 12
3.08 Barricades 12
3.09 Minimum wages 12
3.10 Unsuitable Work or Materials 12
3.11 No Waiver of Contractor's Obligation • • 13
3.12 Site Clean Up 13
3.13 Guarantee 14
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(CONTENTS CONTINUED) Page
4. OWNER'S OBLIGATIONS AND REPONSIBILITIES 14
4.01 Lines and Grades 14
4.02 Right of Entry 14
4.03 Owner's Inspectors 14
4.04 Collateral Work 15
4.05 Right -of -Way 15
4.06 Adequacy of Design 15
5. SCHEDULING AND PROGRESS OF WORK 15
5.01 Order and Prosecution of the Work 15
5.02 Rate of Progress 16
5.03 Sunday, Holiday, and Night Work 16
5.04 Hindrances and Delays 16
5.05 Extensions of Time 17
5.06 Liquidated Damages for Failure to
Complete on Time 17
6. INDEMNITY 18
6.01 Contractor's Indemnity Provision 18
6.02 Workmen's Compensation Insurance 18
6.03 Comprehensive General Liability Insurance . 18
6.04 Owner's Protective Insurance 19
6.05 Comprehensive Automobile Liability
Insurance 19
6.06 Insurance Certificate 19
7. TERMINATION OF CONTRACT 20
7.01 Right of Owner to Terminate 20
7.02 Right of Contractor to Terminate 20
7.03 Removal of Equipment 20
8. ABANDONMENT OF CONTRACT BY CONTRACTOR 20
8.01 Notification of Contractor 20
8.02 Retention of Contractor's Equipment
and Materials by Owner 21
8.03 Methods of Completing the Work 21
8.04 Final Acceptance 22
8.05 Disposition of Contractor's Equipment . . . 22
9. MEASUREMENT AND PAYMENT 23
9.01 Character of Measurements 23
9.02 Estimated vs. Actual Quantities 23
9.03 Payment 24
9.04 Monthly Estimates and Payments 24
9.05 Certificates of Completion 24
9.06 Final Estimate and Payment 25
9.07 Notarized Affidavit 25
9.08 Release of Liability 25
9.09 Contractor's Obligation 26
9.10 Payments Withheld 26
Ps'°"% V ' _P'?�•'! "ifPE'T -O,8'H 191/'`A" TYlt _ I,r :._ ,+°l °- v - • —
GENERAL CONDITIONS OF THE AGREEMENT
1. DEFINITIONS
1.01 Calendar Day. A calendar day shall be the 24 hour
period from one midnight to the next consecutive mid-
night.
1.02 Contract Documents. The Contract Documents shall con-
sist of the Notice to Contractors; Advertisement; the
Instructions to Bidders; the Proposal; the Signed
Agreement; the Performance and Payment Bonds; the Gen-
eral Conditions of the Agreement; the Special Condi-
tions of the Agreement; the Specifications; the Plans;
the Standard Drawings; Addenda; and duly authorized
Change Orders. The Contract Documents are complemen-
tary, 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: Sign-
ed Agreement, Performance and Payment Bonds, Addenda,
Proposal, Special Conditions of the Agreement, Notice
to Contractors, Specifications, Plans, and General
Conditions of the Agreement.
1.03 Contractor. "Contractor" shall mean the business or-
ganization or individual named and designated in the
Contract Agreement as the "Party of the Second Part ",
who has entered into this contract for the performance
of the work covered thereby, and its, his, or their
duly authorized agents and other legal representa-
tives.
1.04 Engineer. "Engineer" shall mean Haynie & Hallman,
Inc., or such other Engineer, supervisor, or inspector
who has been designated, appointed, or otherwise em-
ployed or delegated by the Owner for this work, or
their duly authorized agents, such agents acting with-
in the scope of the particular duties entrusted to
them in each case.
1.05 Extra Work. The term "extra work" as used in this
contract shall be understood to mean and include all
work that may be required by the Engineer or Owner to
be done by the Contractor to accomplish any change,
alteration, or addition to the work shown on the
Plans, or reasonably implied by the Specifications,
and not covered by the Contractor's Proposal, except
as provided under "Changes and Alterations ", herein.
GC -1
1.06 Owner. 'Owner" shall mean the City of Round Rock,
Texas, named and designated in the Agreement as the
"Party of the First Part" acting through its duly
authorized officers and agents.
1.07 Plans. "Plans" shall mean and include (a) all draw -
ings prepared by the Owner as a basis for proposal,
(b) all supplementary drawings furnished by the Engi-
neer as and when required to clarify the intent and
meaning of the drawings submitted by the Owner to the
Contractor, and (c) drawings submitted by the Contrac-
tor to the Owner when and as approved by the Engi-
neer.
1.08 Specifications. "Specifications" shall mean (a) all
written descriptions, methods and instructions prepar-
ed by the Owner as a basis for proposals, (b) all sup-
plementary written material furnished by the Engineer
as and when required to clarify the intent or meaning
of all written descriptions, methods and instructions
submitted by the Owner to the Contractor, and (c)
written descriptions submitted by the Contractor to
the Owner when and as approved by the Engineer.
1.09 Subcontractor. "Subcontractor" shall mean and refer
only to a business organization or individual having a
direct contract with the Contractor for (a) performing
a portion of the Contract work, or (b) furnishing
material worked to a special design according to the
Contract plans or specifications; it does not, how-
ever, include one who merely furnishes material not so
worked.
1.10 Substantially Completed. The term "substantially com-
pleted" shall mean that the structure or facility has
been made suitable for use and is in condition to
serve its intended purpose, but still may require
minor miscellaneous work and adjustments.
1.11 Work. "Work" shall mean the work to be done and the
equipment, supplies, material, and services to be fur-
nished under the Contract unless some other meaning is
indicated by the context.
1.12 Working Day. A "working day" is defined as any day
not including Sundays or any legal holidays, in which
weather or other conditions, not under the control of
the Contractor, will permit construction of the prin-
cipal units of the work for a continuous period of not
less than seven (7) hours between 7:00 a.m. and 6:00
p .m.
GC -2
1
1.13 Written Notice. "Written notice" shall be deemed to
have been duly served if delivered in person to the
individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or if de-
livered at or sent by certified or registered mail to
the last business address known to him who gives the
notice.
2. GENERAL PROVISIONS
2.01 Engineer's Status and Authority. It is mutually
agreed by and between the parties to this Contract
that the Engineer shall have general supervision and
direction of the work included herein. In order to
prevent delays and disputes and to discourage litiga-
tion it is further agreed by and between the parties
of this Contract that the Engineer shall in all cases
determine the amounts and quantities of the several
kinds of work which are to be paid for under the Con-
tract; that he shall determine all questions in rela-
tion to said work and the construction thereof, that
he shall in all cases decide every question which may
arise relative to the execution of the Contract on the
part of the Contractor; that his decisions and find-
ings shall be the conditions precedent to the right of
the parties hereto to arbitration or to any action on
the Contract and to the rights of the Contractor to
receive any money under this Contract; provided, how-
ever, that should the Engineer render any decision or
give any direction 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 30 days a written objection to the
decision or direction so rendered. It is the intent
of this Agreement that there shall be no delay in the
execution of the work, and the decision or directions
of the Engineer as rendered shall be promptly carried
out.
2.02 Right of Engineer to Modify Methods and Equipment. If
at any time the methods or equipment used by the Con-
tractor are found to be unsafe or inadequate to secure
the quality of the work or the rate of progress re-
quired under this Contract, the Engineer may direct
the Contractor in writing to increase their safety or
improve their character and efficiency and to cease
operations under this Contract until such direction is
complied with. No claims shall be made against the
Owner for damages caused by any delay resulting from
such order.
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2.03 Changes and Alterations. The Contractor agrees that
the Owner, through the Engineer, may make such changes
and alterations as the Owner may see fit in the line,
grade, form, dimensions, plans, or materials for the
work herein contemplated or any part thereof either
before or after the beginning of the construction
without affecting the validity of this Contract and
the accompanying bonds. If such changes or altera-
tions 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. If they increase the amount of work
and the increased 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 established for such work under this Con-
tract; otherwise such work shall be paid for as pro-
vided under Section 2.12 "Extra Work ". In the event
the Owner shall make such changes or alterations which
will make useless any work already done or material
already furnished or used in said work, then the Owner
shall compensate the Contractor for any materials or
labor so used, for any actual loss occasioned by such
change, and for the actual expenses incurred in prepa-
ration for the work as originally planned.
2.04 Damages. The right of general supervision by the
Owner shall not make the Contractor an agent of the
Owner, and the liability of the Contractor for all
damages to persons, firms, and corporations arising
from the Contractor's execution of the work shall not
be lessened because of such general supervision. The
Contractor is an independent contractor in regard to
work under this Contract, and as such is solely liable
for all damages to any persons, firms, corporations,
or their property as a result of the prosecution of
the work.
2.05 Losses from Natural Causes. All loss or damage aris-
ing out of the nature of the work to be done or from
the action of the elements or from any unforeseen cir-
cumstances in the prosecution of the work or from unu-
sual obstructions or difficulties which may be encoun-
tered in the prosecution of the work shall be sustain-
ed and borne by the Contractor at his own cost and
expense.
2.06 Laws and Ordinances. The Contractor shall at all
times observe and comply with all Federal, State, and
local laws, ordinances, rules and regulations which
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in any manner affect the Contract or the work and
shall indemnify and save harmless the Owner against
any claim arising from the violation of any such laws
and ordinances whether by the Contractor or his em-
ployees or his subcontractors and their employees.
2.07 Licenses, Permits and Certificates. Except as herein-
after stipulated, all licenses, permits, certificates,
etc. required for and in connection with the work to
be performed under the provisions of these Contract
Documents shall be secured by the Contractor at his
own expense. In the event a building permit is re-
quired such permit will be obtained by the Owner at no
cost to the Contractor.
2.08 Royalties and Patents. The Contractor shall protect
and save harmless the Owner from all and every demand
for damages, royalties, or fees on any patented inven-
tion used by him in connection with the work done or
material furnished under this Contract; provided, how-
ever, that if any patented material, machinery, appli-
ance, or invention is clearly specified in this Con-
tract, the cost of procuring the rights of use and the
legal release or indemnity shall be borne and paid by
the Owner direct unless such cost is determined and
directed to be included in the bid price at the time
the Proposal is submitted.
2.09 Keeping of Plans and Specifications Accessible. The
Engineer shall furnish the Contractor with three (3)
sets of executed Plans and Specifications without ex-
pense to him, and the Contractor shall keep one copy
of the same constantly accessible on the work, with
the latest revisions noted thereon.
2.10 Discrepancies and Omissions. It is further agreed
that it is the intent of this Contract that all work
must be done and all material must be furnished in ac-
cordance with the generally accepted practice, and in
the event of any discrepancies between the separate
contract documents, the priority of interpretation de-
fined 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, Specifica-
tions or Drawings, the Engineer shall define which is
intended to apply to the work.
2.11 Contractor's Understanding. It is understood and
agreed that the Contractor has, by careful examina-
tion, satisfied himself as to the nature and location
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of the work, the conformation of the ground, the char-
acter, quality and quantity of the materials to be en-
countered, the character of equipment and facilities
needed preliminary to and during the prosecution of
the work, the general and local conditions, and all
other matters which can in any way affect the work
under this Contract. No verbal agreement or conversa-
tion with any officer, agent, or employee of the Own-
er, either before or after the execution of this Con-
tract, shall affect or modify any of the terms or ob-
ligations herein contained.
2.12 Extra Work. The term "extra work" as used in this
Contract shall be understood to mean and include all
work that may be required by the Owner through the
Engineer to be done by the Contractor to accomplish
any change, alteration, or addition to the work shown
by the Plans or reasonably implied by the Specifica-
tions and not covered by the Contractor's Proposal,
except as provided in Section 2.03 - "Changes and
Alterations ".
It is agreed that the Contractor shall
perform all extra work under the direction of the
Engineer when presented with a written Change Order
signed by the Engineer.
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, he
shall make a written request to the Engineer for a
written Change Order authorizing such extra work.
Should a difference of opinion arise as to what does
or does not constitute extra work or concerning the
payment therefor and the Engineer insists upon its
performance, the Contractor shall proceed with the
work after making a written request for a written
change Order and shall keep an accurate account of the
"actual field cost" thereof as provided under Method
"C" below.
2.13 Payment for Extra Work. It is agreed that the compen-
sation to be paid the Contractor for performing extra
work shall be determined by one or more of the follow-
ing methods:
Method "A" - By agreed unit prices;
Method "B" - By agreed lump sum; or
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Method "C" - If neither Method "A" or Method "B" can
be agreed upon before the extra work is
commenced, then the Contractor shall be
paid the "actual field cost" of the work
plus 15%.
Where extra work is performed under Method "C ", the
term "actual field cost" of such extra work is hereby
defined to be and shall include: (a) the payroll cost
for all workmen, such as foreman, mechanics, crafts-
men, and laborers; (b) the cost of all materials and
supplies not furnished by the Owner; (c) rental for
all power- driven equipment at agreed -upon rates for
the time actually employed or used in the performance
of the extra work; (d) transportation charges neces-
sarily incurred in connection with any equipment
authorized by the Engineer for use on said extra work
and which is not already on the job; (e) all power,
fuel, lubricants, water, and similar operating expens-
es; (f) all incidental expenses incurred as a direct
result of such extra work including sales or use taxes
on materials, payroll taxes, and the additional pre-
miums for construction bonds, workmen's compensation,
public liability and property damage, and other insur-
ance required by the Contract where the premiums
therefor are based on payroll and material costs. The
Engineer may direct the form in which accounts of the
"actual field costs" shall be kept and may also speci-
fy 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 equip-
ment shall be incorporated in the written extra work
Change Order. The 15% of the "actual field cost" to
be paid the Contractor shall cover and compensate him
for his profit, overhead, and general superinten-
dence.
2.14 Assignment and Subletting. The Contractor shall not
assign or sublet the work or any part thereof without
the previous written consent of the Owner, nor shall
he assign, by power of attorney or otherwise, any of
the money payable under this Contract unless by and
with the consent of the Owner to be signified in like
manner. If the Contractor assigns all or any part of
any monies due or to become due under this Contract,
the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the
right of the assignee in and to any monies due or to
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become due to the Contractor shall be subject to all
prior liens of all persons, firms, and corporations
for services rendered or materials supplied for the
performance of the work called for in this Contract.
2.15 Subcontractors. The Contractor shall be as fully re-
sponsible to the Owner for the acts and omissions of
his subcontractors and of persons either directly or
indirectly employed by them as he is for the acts and
omissions of persons directly employed by him. Should
any subcontractor fail to perform the work undertaken
by him in a satisfactory manner, his subcontract shall
be immediately terminated by the Contractor upon writ-
ten notice from the Owner.
2.16 Owner's Status. Nothing contained in this Contract
shall create any contractual relation between any sub-
contractor and the Owner.
2.17 Completed Portions of Work. The Owner shall have the
right to take possession of and to use any completed
or partially completed portions of the work prior to
completion of the entire work, but such use shall not
constitute an acceptance of any of the work not com-
pleted in accordance with the Contract Documents. If
the Engineer determines that taking possession of and
using partially completed work substantially increases
the cost of or delays construction, the Contractor
shall be entitled to extra compensation or extension
of time or both as determined by the Engineer.
2.18 Materials. All materials furnished by the Contractor
shall be as required by the Plans and Specifications
or as otherwise stipulated. The Contractor shall not
start delivery of materials which he is to furnish
until the Engineer has approved the source of supply
of such materials.
2.19 Receiving and Storage of Materials. The Contractor
shall make arrangements for receiving and storing
materials. The Owner will not sign for or receive
shipments of materials consigned to the Contractor.
The Owner will not furnish storage space for materials
except where the written permission of the Engineer is
given.
2.20 "Or Equal" Clause. Whenever a material, product, or
article is specified or shown on the Plans by using
the name of the proprietary product or of a particular
manufacturer or vendor and is followed by the term or
equal" the Contractor may submit a written request to
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the Engineer requesting approval of the use of a
material, product, or article he feels is truly equal
to the one specified. The Engineer will evaluate the
request to determine if the material, product, or
article is of equal substance and function and if it
will perform identically the duties imposed by the
general design. Written approval of an "or equal"
material, product, or article must be obtained from
the Engineer before it may be incorporated into the
work as a substitute for that specified in the Con-
tract Documents.
2.21 Completed Work. The Contractor shall maintain contin-
uous adequate safeguards to protect all completed work
from damage, loss, or the intrusion of foreign ele-
ments.
2.22 Materials Furnished by the Owner. The Contractor
shall assume responsibility for and safeguard any and
all materials supplied by the Owner against loss or
injury. This provision shall extend to the taking of
all necessary sanitary precautions to avoid contamina-
tion of such materials that must be maintained and in-
corporated into the work in a sanitary condition.
2.23 Protection of Property. The Contractor shall give
reasonable notice to the owner or owners of public or
private property and utilities when such property is
liable to injury or damage through the performance of
the work, and he shall make all necessary arrangements
with such owner or owners relative to the removal and
replacement or protection of such property or utili-
ties.
The Contractor shall satisfactorily shore, support,
and protect any and all structures, and all pipes,
sewers, drains, conduits, and other facilities belong-
ing to the Owner, and he shall be responsible for any
damage resulting thereto. The Contractor shall not be
entitled to any damages or extra pay as a result of
any postponement, interference, or delay caused by any
such structures and facilities being on the line of
the work whether they are shown on the Plans or not.
2.24 Shelters for Workmen and Materials. The building or
structures for housing men or the erection of tents or
other forms of protection for workmen or materials
will be permitted only as the Engineer shall authorize
or direct. The sanitary conditions of the grounds in
or about such structures shall at all times be main-
tained in a manner satisfactory to the Engineer.
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2.25 Sanitary Facilities. Necessary sanitary toilet facil-
ities for the use of all employees on the work shall
be of a type complying with State and local sanitary
regulations and shall be properly secluded from public
observation. These facilities shall be constructed
and maintained by the Contractor in such manner and at
such points as shall be approved by the Engineer.
Their use shall be strictly enforced.
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES
3.01 Labor, Equipment, Materials and Construction Plant.
The Contractor shall provide all labor, tools, equip-
ment, machinery, supplies, and materials necessary for
the prosecution and completion of this Contract where
it is not specifically provided that the Owner shall
furnish them. The Owner shall not be held responsible
for the care, preservation, conservation, or protec-
tion of any material, tools, or machinery on any part
of the work until it is finally completed and accept-
ed. The Contractor shall maintain on the job at all
times sufficient labor, material, and equipment to
adequately prosecute the work.
3 02 Performance and Payment Bonds. It is further agreed
by the Parties to this Contract that the Contractor
will execute separate performance and payment bonds,
each in the sum of 100% of the total Contract price in
standard forms for this purpose, guaranteeing faithful
performance of the work and the fulfillment of any
guarantees required and further guaranteeing payment
to all persons supplying labor and materials or fur-
nishing him any equipment in the execution of the Con-
tract. It is agreed that the Contract shall not be in
effect until such performance and payment bonds are
furnished and approved by the Owner. 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.
The surety company or companies underwriting the per-
formance and payment bonds shall be acceptable accord-
ing to the latest list of companies holding certifi-
cates of authority from the Secretary of the Treasury
of the United States, shall be duly authorized to act
under the laws of the State of Texas as Surety, and
shall be approved by the Owner.
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3.03 Contractor's Ability to Perform. Upon request by the
Owner the Contractor shall furnish sufficient evidence
of his ability to perform the work which is outlined
in this document. This shall include an equipment in-
ventory and records showing the satisfactory comple-
tion of projects of equal magnitude in the past. It
shall be the prerogative of the Owner to terminate the
Contract as outlined in Section 7 "Termination of Con-
tract', if job progress indicates that the Contractor
lacks either appropriate experience or ability.
3.04 Superintendence and Inspection. The Contractor shall
give personal attention to the faithful prosecution
and completion of the Contract and shall keep a compe-
tent superintendent and any necessary assistants, all
of whom are satisfactory to the Engineer, on the work
continuously during its progress. The superintendent
shall represent the Contractor in his absence, and all
directions given to him by the Owner's representative
shall be as binding as if given to the Contractor.
In the event that the Contractor and the superinten-
dent are both absent from the site of the work for
prolonged periods of time the Engineer may order any
or all work under this Contract to be stopped until
the Contractor provides continuous and proper supervi-
sion of the work. Such stoppage shall not constitute
a basis for any claim against the Owner for damages
caused by delay for such work stoppages.
3.05 Character of Employees. The Contractor agrees to em-
ploy only order y, competent, and skillful persons to
do the work, and whenever the Engineer shall inform
him that the work being accomplished is of sub -stan-
dard character by reason of carelessness, incompe-
tence, or inexperience on the part of the workers the
installation of such work shall be immediately sus-
pended and shall not be resumed until the Engineer is
satisfied that the conditions causing such faulty work
have been corrected.
3.06 Contractor's Duty to Protect Persons and Property. In
the performance of this Contract, the Contractor shall
protect the public and the Owner fully by taking rea-
sonable precaution to safeguard persons from death or
bodily injury and to safeguard property of any nature
whatsoever from damage. Where any dangerous condition
or nuisance exists in and around construction sites,
equipment and supply storage areas, and other areas in
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anyway connected with the performance of this Con-
tract, the Contractor shall not create excavations,
obstructions, or any dangerous condition or nuisance
of any nature whatsoever in connection with the per-
formance of this Contract unless necessary to its per-
formance, and in that event the Contractor shall pro-
vide and maintain at all times reasonable means of
warning of any danger or nuisance created. The duties
of the Contractor in this paragraph shall be nondeleg-
able, and the Contractor's compliance with the speci-
fic recommendations and requirements of the Owner as
to the means of warning shall not excuse the Contrac-
tor from the faithful performance of these duties
should such recommendations and requirements not be
adequate or reasonable under the circumstances.
3.07 Safety Codes. The Contractor shall comply with all
applicable provisions of any Federal, State, and Muni-
cipal safety laws and building and construction codes.
All machinery, equipment, and other physical hazards
shall be guarded in accordance with the latest edition
of the "Manual of Accident Prevention in Construction"
of the Associated General Contractors of America ex-
cept where incompatible with Federal, State, or Muni-
cipal laws or regulations.
3.08 Barricades. When barricades are used to satisfy
safety requirements, such barricades shall be properly
identified with the Contractor's name prominently
stenciled on both sides of the barricades with letters
at least 2 inches high.
3.09 Minimum Wages. All employees directly employed on the
work shall be paid not less than the established pre-
vailing wage scale for work of a similar character in
this locality. A scale of prevailing wages is includ-
ed in the Special Conditions of these Contract Docu-
ments. The Contractor shall pay not less than the
general prevailing wages shown on said scale and shall
keep accurate wages records accessible in accordance
with Article 5159 of the Revised Civil Statutes of
Texas.
3.10 Unsuitable Work or Materials. It is understood and
agreed that if the work or any part thereof or any
material furnished by the Contractor for use in the
work or selected for the same shall be deemed by the
Engineer as unsuitable or not in conformity with the
specifications, the Contractor shall, after receipt of
written notice thereof from the Contracting Officer,
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forthwith remove such material and replace, rebuild,
or otherwise remedy such work so that it shall be in
full accordance with this Contract.
Should the Contractor fail to initiate compliance with
the above provision within 72 hours or should he fail
to properly prosecute and complete correction of such
faulty work, the Engineer may direct that the work be
done by others and that the cost of the work be de-
ducted from monies due the Contractor.
3.11 No Waiver of Contractor's Obligations. The Engineer,
supervisor, or inspector shall have no 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, supervisor, or inspector to
condemn any defective work or material shall release
the Contractor from the obligation to at once tear
out, remove, and properly replace the same at any time
prior to final acceptance upon the discovery of said
defective work or material; provided, however that the
Engineer, supervisor, or inspector shall upon request
of the Contractor inspect and accept or reject any
material furnished, and once the material has been ac-
cepted by the Engineer, supervisor, or inspector such
acceptance shall be binding on the Owner unless it can
be clearly shown that such material furnished was not
as represented and does not meet the specifications
for the 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 accor-
dance with the specifications for said work, all ex-
pense of removing, re- examination, and replacement
shall be borne by the Contractor; otherwise the ex-
pense thus incurred shall be allowed as "Extra Work"
and shall be paid for by the Owner.
3.12 Site Clean Up. The Contractor shall not allow the
site of the work to become littered with trash and
waste material, but shall maintain the site in a neat
and orderly condition throughout the construction per-
iod. The Engineer shall have the right to determine
what is waste material or rubbish and the manner and
place of disposal. On or before the completion of the
work the Contractor shall, without charge therefor,
carefully clean out all pits, pipes, chambers, or con-
duits, shall tear down and remove all temporary struc-
tures built by him, shall remove all rubbish of every
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kind from the tracts or grounds which he has occupied,
and shall leave them in a condition satisfactory to
the Engineer.
3.13 Guarantee. During a period of 12 months from and
after the date of the final acceptance by the Owner of
the work embraced by this Contract, the Contractor
shall make all needed repairs arising out of defective
workmanship or materials, or both, which in the judg-
ment of the Owner shall become necessary during such
period. If within 10 days after the mailing of a
notice in writing to the Contractor or his agent the
said Contractor shall neglect to make or to undertake
with due diligence the aforesaid repairs, the Owner is
hereby authorized to make such repairs at the Contrac-
tor's expense; provided, however, that in case of an
emergency where, in the judgment of the Owner, delay
would cause serious loss or damage, repairs may be
made without notice being sent to the Contractor, and
the Contractor shall pay the cost thereof.
4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES
4.01 Lines and Grades. All necessary lines and grades
shall be furnished by the Engineer. Whenever neces-
sary, work shall be suspended to permit performance of
this work, but such suspension will be as brief as
practicable, and the Contractor shall be allowed no
extra compensation therefor. The Contractor shall
give the Engineer ample notice of the time and place
where lines and grades will be needed. All stakes,
marks, etc. shall be carefully preserved by the Con-
tractor, and in case of careless destruction or remov-
al by him or his employees such stakes, marks, etc.
shall be replaced by the Engineer at the Contractor's
expense.
4.02 Right of Entry. The Owner reserves the right for its
personnel or its agents to enter the property or loca-
tion on which the work herein contracted are being
constructed or installed for the purpose of supervis-
ing and inspecting the work or for the purpose of con-
structing or installing such collateral work as the
Owner may desire.
4.03 Owner's Inspectors. It is agreed by the Contractor
that the Owner shall appoint such Engineer, supervi-
sors, or inspectors as the said Owner may deem neces-
sary to inspect the material furnished and the work
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done under this Contract, to see that the said mater-
ial is furnished, and to see that said work is done in
accordance with the plans and specifications therefor.
The Contractor shall furnish all reasonable aid and
assistance required by the Engineer, supervisors, or
inspectors for the proper inspection and examination
of the work and all parts thereof. The Contractor
shall regard and comply with the directions and in-
structions of the Engineer, supervisors, or inspectors
so appointed when such directions and instructions are
consistent with the obligations of this Contract.
4.04 Collateral Work. The Owner reserves the right to pro-
vide all labor and material essential to the comple-
tion of work that is not included in this Contract
either by a separate contract or otherwise. Any col-
lateral work shall be prosecuted in such a manner that
it will not damage the Contractor nor delay the pro-
gress of the work being accomplished under this Con-
tract. The respective rights of and operations of the
various interests involved shall be established and
coordinated by the Engineer.
4.05 Right -of -Way. Easements across private property and
lands needed for construction under this Contract will
be provided by the Owner.
4.06 Adequacy of Design. It is agreed that the Owner shall
be responsible for the adequacy of the design, suffi-
ciency of the Contract Documents, the safety of the
structure and practicability of the operations of the
completed project; provided the Contractor has com-
plied with the requirements of the said Contract Docu-
ments, all approved modifications thereof, and addi-
tions 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 com-
plied with the said requirements of the Contract Docu-
ments, approved modifications thereof and all approved
additions and alterations thereto.
5. SCHEDULING AND PROGRESS OF WORK
5.01 Order and Prosecution of the Work. 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 sea-
sons in such order of precedence and in such manner as
shall be most conducive to economy of construction;
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provided however, that the order and time of prosecu-
tion shall be such that the work shall be substantial-
ly completed as a whole or in part in accordance with
this Contract within the time of completion hereafter
designated; provided also that the Engineer may direct
the time and manner of constructing any part or parts
of the work when in his opinion such should be given
priority to lessen the probability of danger to the
public or to anticipate seasonal hazards from the ele-
ments or to coordinate with other work being done for
or by the Owner.
5.02 Rate of Progress. The Contractor shall give the Engi-
neer full information in advance as to his plans for
carrying on any part of the work. If at any time
prior to the start or during the progress of the work
any part of the Contractor's plant or equipment or any
of his methods of executing the work appear to the
Engineer to be unsafe, inefficient, or inadequate to
insure the required quality or rate of progress of the
work, the Engineer may order the Contractor to in-
crease or improve his facilities or methods, and the
Contractor shall promptly comply with such orders; but
neither compliance with such orders nor failure of the
Engineer to issue such orders shall relieve the Con-
tractor from his obligation to secure the degree of
safety, the quality of work, and the rate of progress
required by this Contractor. The Contractor alone
shall be responsible for the safety, adequacy, and
efficiency of his plant, equipment, and methods.
5.03 Sunday, Holiday, and Night Work. Except in connection
with the care, maintenance, or protection of equipment
or of work already done, no work shall be done between
the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or
legal holidays without written consent of the Engi-
neer.
5.04 Hindrances and Delays. No claims shall be made by the
Contractor for damages, hindrances, or delays from any
cause during the progress of any portion of the work
embraced by this Contract except where the work is
stopped by order of the Owner. If the Owner stops the
work for just cause because the Contractor is not com-
plying with the plans and specifications or the intent
thereof, the Contractor shall have no claim for dam-
ages, hindrances, or delays. However, if the Owner
stops the work for any other reason, the Contractor
shall be entitled to reimbursement paid by the Owner
for such expenses actually incurred which in the judg-
ment of the Engineer occurred as a result of the work
stoppage.
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Should delays repeatedly occur due to the Contractor's
failure to provide adequate plant, equipment, or per-
sonnel, or where the Engineer determines that unrea-
sonable inconvenience to the public is due to such
failure, the Contractor's operations shall be suspend-
ed until he shall have provided adequate plant, equip-
ment, and personnel to properly resume and continually
prosecute the work.
5.05 Extensions of Time. Should the Contractor be delayed
in the final completion of the work by any act or neg-
lect of the Owner or Engineer, or of any employee of
either, or by any other contractor employed by the
Owner, or by strikes, fire or other cause or causes
outside of and beyond the control of the Contractor
and which the Engineer determines could have been
neither anticipated nor avoided, then an extension of
time sufficient to compensate for the delay as deter-
mined by the Engineer shall be granted by the Owner;
provided, however, that the Contractor shall give the
Owner prompt notice in writing of the cause of delay
in each case. Extensions of time will not be granted
for delays caused by unfavorable weather, unsuitable
ground conditions or inadequate construction force.
5.06 Liquidated Damages for Failure to Complete on Time.
The Contractor agrees that time is of the essence of
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 con-
tracted for, after due allowance for such extension of
time as is provided for under the provisions of the
preceding paragraph, the Owner may withhold permanent-
ly from the Contractor's total compensation, not as a
penalty but as liquidated damages, the sum per day
given in the following schedule:
Amount of Liquidated
Amount of Contract Damages Per Day
Less than $ 5,000.00 $ 30.00
$ 5,001.00 to $ 15,000.00 35.00
15,001.00 to 25,000.00 40.00
25,001.00 to 50,000.00 50.00
50,001.00 to 100,000.00 70.00
100,001.00 to 500,000.00 200.00
500,001.00 to 1,000,000.00 300.00
1,000,001.00 to 2,000,000.00 400.00
2,000,001.00 to 5,000,000.00 500.00
GC -17
6. INDEMNITY
6.01 Contractor's Indemnity Provision. To protect the
Owner from the Contractor's failure to perform any of
the foregoing duties or any of the terms of this Con-
tract, the Contractor shall indemnity and save harm-
less the Owner and the Owner's agents and employees
from all losses, damages, judgments, decrees, and ex-
penses or costs of any nature whatsoever arising out
of or in anyway connected with any claims or actions
at law or in equity brought against the Owner and the
Owner's agents and employees for the death or injury
to persons or for damage to property caused, or alleg-
edly caused, by any willful acts, negligence, nui-
sance, or breach of any term or condition of this Con-
tract by the Contractor, his agents, servants, subcon-
tractors, or employees. The Contractor shall further-
more indemnify and save harmless the Owner and the
Owner's agents and employees from all demands of sub-
contractors, workers, material persons, or suppliers
of machinery and parts thereof, equipment, power
tools, and supplies incurred in connection with work
to be performed under this Contract. Property of any
description, including property of the Owner, which
shall be damaged in the performance of this Contract
by the Contractor, his agents, employees, subcontrac-
tors or their employees and subcontractors shall be
restored to its condition prior to damage by the Con-
tractor at the Contractor's expense.
6.02 Workmen's Compensation Insurance. The Contractor
agrees to comply with the Workmen's Compensation Act
of the State of Texas, and to pay or cause to be paid
all compensation, medical or other benefits, which may
become due or payable thereunder, and to protect and
indemnify the Owner and the Owner's agents and employ-
ees from and against any and all liabilities by reason
of accidental injury, disease or death sustained by
subcontractor's employees. The Contractor shall fur-
nish the Owner with a certificate from the Industrial
Accident Board evidencing the Contractor's and subcon-
tractors' compliance with said statute.
6.03 Comprehensive General Liability Insurance. The Con-
tractor shall provide and maintain during the life of
this Contract and until all work under said Contract
has been completed and accepted by the Owner, a Com-
prehensive General Liability insurance policy, said
policy and the issuing carrier approved by the Owner,
which specifically insures the contractual liability
GC -18
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of the Contractor assumed under Paragraph 6.01 above
entitled "Contractor's Indemnity Provision ". The lia-
bility coverage under this policy shall cover Indepen-
dent Contractors. Liability limits for the Comprehen-
sive General Liability insurance coverage under this
policy shall not be less than the following:
Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $ 25,000 each accident
1 $ 50,000 aggregate
6.04 Owner's Protective Insurance. The Contractor shall
' provide and maintain during the life of this Contract
and until all work under said Contract has been com-
pleted and accepted by the Owner, an Owner's and Con-
tractor's Protective Policy, which co- insures the Owner
1 and the Owner's agents and employees with the same
Comprehensive General Liability coverage as described
in 6.03 above entitled "Comprehensive General Liabil-
ity Insurance ".
6.05 Comprehensive Automobile Liability Insurance. The
' Contractor shall provide and maintain during the life
of this Contract and until all work under said Con-
tract has been completed and accepted by the Owner, a
Comprehensive Automobile Liability insurance policy,
' said policy and issuing carrier approved by the Owner,
covering the operation on or off the site of the work
of all motor vehicles licensed for highway use, whe-
they they are owned, non - owned, or hired by the Con-
tractor, in which shall specifically insure contrac-
tual liability of the Contractor assumed under the
above Paragraph 6.01 entitled "Contractor's Indemnity
Provision ". The liability limits for the Comprehen-
sive Automobile Liability insurance coverage shall not
be less than the following:
1 Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $ 50,000 each accident
I 6.06 Insurance Certificate. In connection with the insur-
ance coverage set out in sections 6.02, 6.03, 6.04,
and 6.05 above, the Contractor shall furnish the Owner
with a certificate verifying said insurance. Said
' certificate shall state that the Owner shall be given
10 days advance written notice before any provisions
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GC -19
of the policies are changed or in the event said poli-
cies shall be cancelled. This Certificate of Insur-
ance shall be provided to the Owner prior to starting
any construction work in connection with this Con-
tract.
7. TERMINATION OF CONTRACT
7.01 Right of Owner to Terminate. if the Contractor should
be guilty of substantial violation of the Contract or
any provision thereof, the Owner, upon certification
by the Engineer as to the nature and extent of such
violation, may without prejudice to any other resourc-
es or remedy give the Contractor written notice of
termination of the employment of the Contractor 10
days subsequent to such notice. Immediately following
such date the Owner may take possession of the site of
the work and all material, equipment, tools, and ap-
pliances thereon and may finish the work in accordance
with the provisions of Section 8 "Abandonment of Con-
tract by Contractor ", of these General Conditions.
7.02 Right of Contractor to Terminate. If work should be
stopped by order of any public authority or court
through no act or fault of the Contractor for a period
of three (3) months or if the Owner should substan-
tially fail to perform the provisions of the Contract
with regard to Owner's obligations to the Contractor,
then the Contractor may, upon 10 days written notice
to the Owner, terminate this Contract and recover from
the Owner payment for all completed work.
7.03 Removal of Equipment. In the event that the Contract
should be terminated for any reason whatsoever, the
Owner may request the Contractor in writing to remove
any or all of his equipment, tools, and supplies, and
the Contractor shall comply with the request within 10
days after receipt of the notice. Should he fail to
do so within 10 days after receipt of such notice, the
Owner shall have the right to remove such equipment
and supplies at the expense of the Contractor and to
place such equipment, tools and supplies in storage at
the risk and expense of the Contractor.
8. ABANDONMENT OF CONTRACT BY CONTRACTOR
8.01 Notification of Contractor. If the Contractor should
abandon and fail to refuse to resume work within 10
GC -20
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 this Contract or with the specifications hereto
attached, then the Contractor shall be deemed as hav-
ing abandoned the Contract. In such event the Surety
on the bond shall be notified in writing and directed
to complete the work, and a copy of said notice shall
be delivered to the Contractor.
8.02 Retention of Contractor's Equipment and Materials by
Owner. After receiving said notice of abandonment the
Contractor shall not remove from the work any machin-
ery, 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 per-
formance bond or another contractor in completion of
the work; and the Contractor shall not receive any
rental or credit therefor except when used in connec-
tion with extra work where credit shall be allowed as
provided for under Section 2.12 entitled "Extra Work ",
it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete
the work and will be reflected in the final settle-
ment.
8.03 Methods of Completing the Work. If the Surety should
fail to commence compliance with the notice for com-
pletion hereinbefore provided within 10 days after
service of such notice, then the Owner may provide for
completion of the work in either of the following
elective manners:
a. The Owner may thereupon employ such force of work-
ers and use such machinery, equipment, tools, mat-
erials, and supplies as said Owner may deem neces-
sary to complete the work and charge the expense
of such labor, machinery, equipment, tools, mater-
ials, and supplies to said Contractor, and the ex-
pense 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 Contrac-
tor under and by virtue of this Contract. In case
such expense is less than the sum which would have
been payable under this Contract if the same had
been completed by the Contractor, then said Con-
tractor shall receive the difference. In case
such expense is greater than the sum which would
have been payable under this Contract if the same
GC -21
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had been completed by said Contractor, then the
Contractor or his Surety shall pay the amount of
such excess to the Owner.
b. The Owner under sealed bids, after 14 days notice
published two or more times in a newspaper having
a general circulation in the county of location of
the work, may let the contract for the completion
of the work under substantially the same terms and
conditions which are provided in this Contract.
In case of any increase in cost to the Owner under
the new contract as compared to what would have
been the cost under this Contract such increase
shall be charged to the Contractor, and the Surety
shall be and remain bound therefor. However,
should the cost to complete any such new contract
prove to be less than what would have been the
cost to complete under this Contract, the Contrac-
tor or his Surety shall be credited therewith.
8.04 Final Acceptance. When the work has been completed
the Contractor and his Surety shall be so notified and
a Contract Completion Certificate as hereinafter pro-
vided 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 Contrac-
tor, his Surety or the Owner, as the case may be,
shall pay the balance due as reflected by said state-
ment within 15 days after the date of such Contract
Completion Certificate.
8.05 Disposition of Contractor's Equipment. In the event
the statement of accounts shows that the cost to com-
plete 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 or his Surety pay the balance
shown to be due by them to the Owner, then all machin-
ery, equipment, tools, materials, or supplies left on
the site of the work shall be turned over to the Con-
tractor or his Surety. Should the cost to complete
the work exceed the contract price, and the Contractor
or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there re-
mains any machinery, equipment, tools, materials, or
supplies on the site of the work, notice thereof to-
gether 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
GC -22
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Contract; provided, however, that actual written
notice given in any manner will satisfy this condi-
tion. After mailing or other giving of such notice
such property shall be held by the Owner 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 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 pub-
lic or private sale, with or without notice, as the
Owner may elect. The Owner shall release any machin-
ery, 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.
9. MEASUREMENT AND PAYMENT
9.01 Character of Measurements. No extra or customary
measurements of any kind will be allowed, but the
actual length, area, solid contents, number, and
weight only shall be considered unless otherwise spe-
cifically provided.
9.02 Estimated vs. Actual Quantities. Any and all estimat-
ed quantities stipulated in the proposal form under
unit price items are approximate and are to be used
only (a) as a basis for estimating the probable cost
of the work and (b) for the purpose of comparing the
proposals submitted for the work. It is understood
and agreed that the actual amounts of work done and
materials furnished under unit price items may differ
from such estimated quantities and that the basis of
payment for such work and materials shall be for the
actual amount of such work done and the actual quan-
tity of materials furnished.
The Contractor agrees that he will make no claim for
damages, anticipated profits, or otherwise on account
of any difference between the amounts of work actually
performed and materials actually furnished and the
amounts estimated therefor in the proposal or other
Contract Documents; provided, however, that if the
actual quantity of any item should become as much as
25 percent more than or 25 percent less than the esti-
mated or contemplated quantity for such items, then
either party to this Contract shall be entitled upon
demand to a revised consideration on the portion of
GC -23
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the work above or below 25 percent of the estimated
quantity prior to initiating work or furnishing mater-
ials for the overrun or underrun quantities. Such re-
vised consideration shall be determined by agreement
between the parties or otherwise by the terms of this
Contract as provided under Section 2.12 entitled
"Extra Work ".
9.03 Payment. 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 the delivery of all mater-
ial embraced in this Contract in full conformity with
the specifications and stipulations contained herein,
the Owner agrees to pay the Contractor the amounts set
forth in the Proposal attached hereto which has been
made a part of this Contract. The Contractor hereby
agrees to receive such amounts in full payment for
furnishing all material and all labor required for the
aforesaid work, 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 Contract,
the attached specifications, and requirements of the
Engineer.
9.04 Monthly Estimates and Payments. On or about the fifth
day of each month the Engineer will make an approxi-
mate estimate of the value of work done in conformity
with the plans and specifications during the previous
calendar month. The Contractor shall furnish to the
Engineer such detailed information as he may request
to aid him as a guide in the preparation of monthly
estimates. After each such estimate shall have been
approved by the Owner, the Owner shall pay to the Con-
tractor 90 percent of the amount of such estimated sum
on or before the 15th day of said month.
It is understood, however, that in case the whole work
is near to completion and some unexpected or unusual
delay occurs due to no fault or neglect on the part of
the Contractor, the Owner may, upon written recommen-
dation of the Engineer, pay a reasonable and equitable
portion of the retained percentage to the Contractor.
9.05 Certificates of Completion. Within 10 days after the
Contractor has given the Engineer notice that the work
has been completed the Engineer shall inspect the work
and satisfy himself by examination and test that the
work has been finally and fully completed in accor-
dance with the plans, specifications and Contract. If
GC -24
so, the Engineer shall issue a Contract Completion
Certificate to the Owner and the Contractor. Such
certificate when issued shall constitute final accep-
tance of the work covered under this Contract.
9.06 Final Estimate and Payment. After the Contract Com-
pletion Certificate has been issued the Engineer shall
proceed to make final measurements and to prepare a
final estimate of the work done and materials furnish-
ed under this Contract and the value thereof. The
Engineer shall certify the Final Estimate and submit
it to the Owner within five (5) days from the date of
the Contract Completion Certificate.
The Owner shall pay the Contractor within 15 days from
the date of the Contract Completion Certificate the
entire sum shown due on the certified Final Estimate
prepared by the Engineer after deducting all amounts
to be kept and retained under any provision of this
Contract. However, it is to be specifically under-
stood that the final payment will not be paid by the
Owner to the Contractor under any circumstances until
the Notarized Affidavit required by Section 9.07 en-
titled "Notarized Affidavit ", has been submitted to
the Engineer.
All prior estimates and payments shall be subject to
correction in the final estimate and payment; but in
the absence of error or manifest mistake, it is agreed
that all estimates, when approved by the Owner, shall
be conclusive evidence of the work done and materials
furnished.
9.07 Notarized Affidavit. Before final payment for the
work by the Owner the Contractor shall submit to the
Engineer a notarized affidavit in duplicate stating
under oath that all subcontractors, vendors, and other
persons or firms who have furnished or performed labor
or furnished materials for the work have been fully
paid or satisfactorily secured. Such affidavit shall
bear or be accompanied by a statement, signed by the
Surety Company who provided the performance bond for
the work, to the effect that said Surety Company con-
sents to final payment to the Contractor being made by
the Owner.
9.08 Release of Liability. The acceptance by the Contrac-
tor of the last payment shall operate as and shall be
a release to the Owner and every officer and agent
thereof from all claims and liability hereunder for
anything done or furnished for or relating to the work
or for any act or neglect of the Owner or of any per-
son relating to or affecting the work.
GC -25
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9.09 Contractor's Obligation. Neither the Contract Comple-
tion Certificate nor the final payment nor any provi-
sion in the Contract Documents shall relieve the Con-
tractor of the obligation for fulfillment of any war-
ranty which may be required in the Contract Docu-
ments.
9.10 Payments Withheld t The Owner may, on account of sub-
sequently discovered evidence, withhold or nullify the
whole or part of any payment to such extent as may be
necessary to protect himself from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating
probable filing of claims.
c. Failure of the Contractor to make payments proper-
ly to subcontractors or for material or labor.
d. Damage to another contractor.
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.
GC -26
SPECIAL CONDITIONS OF AGREEMENT
r
SPECIAL CONDITIONS OF AGREEMENT
SECTION 01 - INFORMATION
01 -01 ENGINEER
The word "Engineer" in these Specifications shall
be understood as referring to Haynie & Kallman,
Inc., 1106 S. Mays, Round Rock, Texas 78664. Engi-
neer of the Owner, or the Engineer's authorized
representative, supervision or inspector to act in
any particular position for the Owner.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than
five (5) counterpart (original signed) sets. Owner
will furnish Contractor three (3) sets of conform-
ing Contract Documents, Technical Specifications
and Plans free of charge, and additional sets will
be obtained from Engineer at commercial reproduc-
tion rates plus 20% for handling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans
and Specifications shall be governed by any exist-
ing Resolutions, Codes and Ordinances, and any sub-
sequent amendments or revisions thereto as set
forth by the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
Refer to the General Conditions of Agreement, Sec-
tion 5.06, Page 17 for description.
01 -05 TIME OF COMPLETION
The work shall be completed within the number of
calendar days stated in the Proposal. The time
shall begin from the date of the Notice to Proceed.
01 -06 OWNER
The "Owner" shall be the party of parties named in
the Notice to Contractor.
SC -1
01 -07 LOCATION
The location of work shall be as mentioned in the
Notice to Contractor and as indicated on the
Plans.
SECTION 02 - SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing construction, it shall be the
Contractor's responsibility to make arrangements
with the Owners of such utility companies to uncov-
er their particular utility lines or otherwise con-
firm their location. Certain utility companies
perform such services at their own expense, how-
ever, where such is not the case, the Contractor
will cause such work to be done at his own ex-
pense.
02 -02 "AS-BUILT" DRAWINGS
The Contractor shall mark all changes and revisions
on all of his copies of the working drawings. Upon
completion of the Project and prior to final accep-
tance and payment, the Contractor shall deliver
this correctly marked set of drawings to the Engi-
neer.
02 -03 LANDS FOR WORK
The Owner is in the process of finalizing ease-
ments, permits and site acquisition for lands upon
which work is to be done. It is possible that
delays on acquisition of some of the property
owner's lands for easements may occur. In such
cases, the Contractor shall schedule his work on
easements and right -of -ways that already have been
acquired while such easement acquisition procedures
are in progress.
No extra cost to Contractor shall be due by Owner
for any delays caused by easement acquisition, but
Owner may extend the calendar days of the contract,
if delays occur.
Within private lands, a 15 -foot or 20 -foot wide
permanent easement and an additional temporary con-
struction easement is provided for the Contractors
use with conditions as follows:
SC -2
15 -Foot or 20 -Foot Wide Permanent Easement - The
Contractor has full use of the permanent easement
for construction of the proposed improvements ex-
cept for preservation of 8" diameter and larger
trees. Trees to be saved with limbs in the way of
construction shall be neatly trimmed with a chain -
saw or a handsaw, if such limbs interfere with the
construction operations.
Temporary Easement (Varying width as shown on
Plans) - The Contractor has limited use within the
temporary construction easement. The temporary
easement is shown on the Plans either straddling
both sides of the permanent easement or along one
side of the permanent easement. In either case,
the temporary easement has been provided for con-
struction operations. No clearing of existing
trees is allowed within the temporary easement or
at any other location on the private lands without
express written permission from the Engineer or
Landowner. If the Contractor damages or kills any
trees within the temporary easement witt out express
written permission from the Engineer or Landowner,
he shall purchase new trees of the same type and
size and re -plant them in the same location.
Clearing of brush and small cedar trees may be
allowed, if absolutely necessary for the construc-
tion operations, but such clearing shall be allowed
only after written permission of the Engineer or
Landowner is given. The temporary construction
easement has been provided for temporary storage of
construction materials, cleared materials from the
permanent easement and excavated materials from
trench excavation.
Clean -up shall be done on each tract of land as the
work progresses. For instance, after the pipe is
installed on one Landowner's tract, the Contractor
shall immediately begin clean -up operations on that
tract at the same time that work is beginning on
the next tract of land. All dead trees and brush
shall be removed from the permanent easement and
the temporary easement. All excavated materials
from the trench, not acceptable for use in trench
backfill shall be removed from the tract, unless
the Contractor makes other arrangements with the
Landowner. All materials brought in by the Con-
tractor shall be removed from the tract. In
essence, the areas affected by the construction
shall be left in a cleaner, neater manner than
prior to construction.
SC -3
v .... .1 x""'7.4_': gLH W -
No burning of trash, dead trees, and brush or any
o her materials shall be allowed.
The Contractor shall be liable to the Landowner for
any injuries to cattle or other stock caused by
animals falling in trenches or escaping through
gates or fences being left open or injured or lost
in any other way. The Contractor will make fair
and equitable settlement with the Landowner for
such damages prior to the 10% final retainage being
released.
The possession of firearms or other weapons on
Landowners property is strictly forbidden in order
to preserve the wildlife on the tract.
The Contractor shall provide portable toilets with-
in reasonable walking distance of the construction
operations to maintain sanitary conditions on the
job.
All fences damaged by the Contractor shall be re-
placed at the Contractor's expense with new mater-
ials of the same type construction or other types
as approved by the Landowner. All Tnces and gates
shall remain intact and closed to prevent the loss
of ranch stock.
The permanent easement shall be used for the Con-
tractor's ingress and egress to the tracts. All
materials including pipe, appurtenances, bedding,
concrete and other items shall be brought in along
the permanent easement unless other arrangements
are made between the Landowner and the Contractor.
A shaker bucket with 8" or smaller openings shall
be used to backfill trench above select bedding,
unless Owner's inspector deems such method unneces-
sary when backfill material is void of rocks larger
than 8" in its greatest dimension.
For work within the highway right -of -way, the Con-
tractor shall contact Luther Toungate, Maintenance
Foreman, Phone 512 - 863 -2842 in Georgetown, Texas,
and follow his requirements.
02 -04 BLASTING FOR TRENCH EXCAVATION
The City of Austin Blasting Ordinance shall be en-
forced on this project. Copies of the ordinance
SC -4
are available at no cost from the City of Austin
Engineering Department, Permits Section, 301 W. 2nd
Street, Austin, Texas. When the use or storage of
explosives or other hazardous materials or equip-
ment is necessary for the execution of the work,
the Contractor shall exercise the utmost care and
shall carry on such activities under the supervi-
sion of properly qualified personnel.
All blasting, including methods of storing and
handling explosives and highly flammable materials,
shall conform to Federal, State and Local Laws and
Ordinances.
The following is a list of requirements in addition
to Federal, State and Local Laws and Ordinances:
1. The Contractor shall furnish the Owner with a
Certificate of Blasting Insurance in the amount
of $300,000.00 for each contract, at least
twenty -four (24) hours prior to using explo-
sives. If blasting is covered under the Con-
tractor's General Insurance Certificate for
each contract, a separate blasting certificate
will not be required.
2. The Contractor shall notify the City of Round
Rock, Public Works Department, 255 -3612, at
least twenty -four (24) hours prior to the use
of explosives.
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 Engineer.
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 Inspector, the permit, or
by safe blasting practices.
5. The Engineer or his representative shall have
the right to limit the use of explosives and /or
blasting methods which in his opinion are dan-
gerous to the public or nearby property of any
kind.
SC -5
6. The Contractor, at his expense, shall promptly
repair or replace all items known to be damaged
as a result of blasting. (The Contractor is
fully responsible for all claims resulting from
his blasting operations.)
7. Monitoring by an independent testing laboratory
is required when blasting within 500 feet of
any structures. All slabs withinn0 feet
shall be inspected by the Contractor and test-
ing laboratory representative before and after
the blasting occurs. The cost of the testing
labs services shall be borne by the Contrac-
tor.
All damage or loss to any property referred to in
this article caused in whole or in part by the Con-
tractor, any Subcontractor, any Sub- subcontractor,
or anyone directly or indirectly employed by any of
them, or by anyone whose acts any of them may be
liable, shall be remedied by the Contractor, except
damage or loss attributable solely to faulty Draw-
ings or Specifications or solely to the acts or
omissions of the Owner or Engineer or anyone em-
ployed by either of them, and not attributable in
any degree to the fault or negligence of the Con-
tractor.
02 - 05 CITY OF AUSTIN STANDARD SPECIFICATIONS
The City of Austin Standard Construction Specifica-
tions for the Water & Wastewater Department are
incorporated into this project by reference and
they shall be applied to this project except as
modified in TS:1 Technical Specifications attached
herein and as modified on the Plans. TS:1 Techni-
cal Specifications hold priority of interpretation
over the City of Austin Standard Specifications.
02 -06 STANDARD DETAILS
The Standard Details as attached herein shall be-
come a formal part of the Technical Specifications
on this project and shall have the same priority of
interpretation as TS:1 Technical Specifications.
02 -07 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing
his own utility services during construction. No
additional payment will be made for this item.
SC -6
02 -08 GUARANTEES
Guarantee work, including equipment installed, to
be free from defects due to faulty workmanship or
materials for period of one year from date of issue
of Certificate of Acceptance. Upon notice from
Owner, repair defects in all construction which
develop during specified period at no cost to
Owner. Neither final acceptance nor final payment
nor any provision in Contract Documents relieves
Contractor of above guarantee. Notice of observed
defects will be given with reasonable promptness.
Failure to repair or replace defect upon notice
entitles Owner to repair or replace same and re-
cover reasonable cost thereof from Contractor.
02 -09 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on
Plans, present obstructions to grade and alignment
of pipe, immediately notify Engineer, who without
delay, will determine whenever existing improve-
ments are to be relocated, or grade and alignment
of pipe changed. Where necessary to move services,
poles, guy wires, pipelines, or other obstructions,
make arrangements with Owners of utilities. Owner
will not be liable for damages on account of delays
due to changes made by Owners of privately owned
utilities which hinder progress of work.
02 -10 MINIMUM WAGE SACLE
Wage rates paid for highway -heavy construction and
paving and utilities incidental to general building
construction in Zone 8 which includes Williamson
County, Texas, in accordance with the latest revi-
sions thereto; or the Associated Building Contrac-
tors' wage rates.
02 -11 CONSTRUCTION INSPECTION
The Owner shall provide an inspector to review the
quality of materials and workmanship.
02 -12 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to
complete all work included in this contract, so
authorized by the Owner, as shown on the drawings
or described in the contract documents and techni-
cal specifications. All items of construction not
specifically paid for in the bid schedule shall be
included in the unit price bids. Any questions
arising as to the limits of work shall be left up
to the interpretation of the Engineer.
SC -7
02 -13 PROJECT SCHEDULING
Contractor shall substantially complete all work
from Station 154 +58.60 thru 181 +56.44 (all work
west of Interstate 35) prior to commencing work on
the remainder of the project. No additional com-
pensation shall be considered for complying with
this special condition.
SC -8
TECHNICAL SPECIFICATIONS
The current City of Austin Standard Construction Specifica-
tions of Water and Wastewater Department and Engineering
Department are incorporated into this project by reference
and they shall be applied to this project except as modified
in these Specifications and on the Plans. Wherever the term
"City of Austin" is used in the Austin specifications, it
shall be construed to mean the City of Round Rock.
WATER
TECHNICAL SPECIFICATIONS
1. Water mains shall be Asbestos Cement Pipe, Class 200,
PVC, Class 150, conforming to AWWA C -900, or Ductile
Iron, Class 50, Poly- wrapped, 8 -mil minimum.
2. Valves shall be Mueller iron -body gate valve with ends as
appropriate to installation on piping, or as approved by
Engineer.
3. Service material shall be type "K" copper tubing or 160
psi polyethylene tubing conforming to ASTM D2737, SDR 9
with brass fittings.
4. Fire hydrants shall be 3 -way Mueller, improved AWWA type,
with pump nozzle for 4 -1/2" fire hose, or as approved by
Engineer. A 6" gate valve and valve box shall be provid-
ed on each fire hydrant lead.
5. All utility trenches underneath street paving shall be
compacted with a vibrating tamper in 6" lifts. Density
of backfill trenches under pavement shall be tested by an
independent laboratory. Such testing will be paid for by
the Owner, and an authorized representative of the City
of Round Rock shall be present when such tests are made.
6. All testing of pipe shall be done under the supervision
of the City, and the Contractor shall perform such tests
as required and furnish all equipment and material for
same.
7. Sterilization of mains shall be done under the supervi-
sion of the City, and the Contractor shall perform such
sterilization and furnish all material and equipment for
same. The City will be responsible for bacteriological
tests. If such bacteriological tests fail, the Contrac-
tor shall be responsible for re- sterilization of the
mains.
TS:1
Revised 8 -82
8. The "Measurement and Payment" procedures shall be as in-
cluded in these specifications.
9. The "Standard Details" shall be followed as included in
these specifications.
SEWER
1. Sewer pipe shall be Vitrified Clay (ASTM C700), Asbestos
Cement (Class 2400, Type II), J-M Perma Loc (ASTM D1784,
12454C, 13364C), Spirolite (ASTM 1248, Type III, Class C,
Category 5, Grade P34), or P.V.C. (DR -35). Reinforced
Concrete Pipe C -76 and C -443 with limestone aggregate and
Type I cement. The alkalinity of the concrete shall be a
minimum calcium carbonate equivalency of 65%.
2. The size of pipe shall be as shown on the plans and in
the Bid Proposal.
3. The type of manhole shall be as shown in the Detail at-
tached herein.
4. All utility trenches underneath street paving shall be
compacted with a vibrating tamper in 6" lifts. Density
of backfilled trenches under pavement shall be tested by
an independent laboratory. Such testing will be paid for
by the Owner, and an authorized representative of the
City of Round Rock shall be present when such tests are
made.
5. All testing of pipe shall be done under the supervision
of the City, and the Contractor shall perform such tests
as required and furnish all material and equipment for
same.
6. The "Measurement and Payment" procedures shall be as in-
cluded in these Specifications.
TS:2
Revised 8 -82
BAS IS OF MEASUREMENT AND PAYMENT
VIIA -7 WASTEWATER
Unless stated otherwise in the contract documents,
it is understood that all payments made are for finished work
and include all labor, tools, materials, constructing and
completing the item on which payment is made.
VIIA -7.1 PIPE
BASIS OF MEASUREMENT AND PAYMENT - WASTEWATER
When called for in the proposal, pipe shall be
paid for at the unit contract price bid per linear foot for
the size and type of pipe specified at the depth specified,
complete in place. The bid price per linear foot shall in-
clude all excavation, bedding material, fittings, plugs, pipe
coatings, connection to the existing system, backfilling,
disposal of surplus materials, and clean up. Measurement for
depths shall be from the existing ground surface or proposed
street subgrade, whichever is less, over the centerline of
the pipe to the flow line of the pipe. Measurement for
length shall be the horizontal distance along the centerline
of the pipe as surveyed by the Engineer. Payment will also
represent compensation for replacement of pavement, curb,
drainage structures, driveways and any other improvements
damaged during construction.
VIIA -7.2 STANDARD MANHOLES
When called for in the proposal, standard manholes
shall be paid for at the unit contract price bid per each for
such structures and backfilling, complete in place. The
depth of such structures shall be understood to be the per-
pendicular distance from the top of the ring to the invert of
the structure. No separate payment will be made for "eyes ".
The cost of these should be included in bid items for man-
holes.
VIIA -7.3 EXTRA DEPTH FOR MANHOLES
When called for in the proposal, manholes with
extra depth over eight feet (8') will be paid for at the unit
contract price bid per vertical foot including all excava-
tion, coatings and backfilling, complete in place.
VIIA -7.4 BOX MANHOLES
When called for in the proposal, box manholes
shall be paid for at the unit contract price bid per each
regardless of depth, including all excavation, eyes, drop
connections, coatings, ring and cover, and backfilling, com-
plete in place.
Revised 8 -82
VIIA -7.5 CONCRETE ENCASEMENT OR CRADLE
When called for in the proposal, concrete encase-
ment or cradle shall be paid for at the unit contract price
bid per linear foot for the size of pipe specified, complete
in place.
VIIA -7.6 CONCRETE RETARDS
When called for in the proposal, concrete retards
shall be paid for at the unit contract price bid per each,
regardless of depth, including all excavation and backfill-
ing, complete in place.
VIIA -7.7 CONCRETE TRENCH CAP
When called for in the proposal, concrete trench
cap shall be paid for at the unit contract price bid per
linear foot, complete in place.
VIIA -7.8 BORING, JACKING AND TUNNELING
When called for in the proposal, boring, jacking
and tunneling shall be paid for at the unit contract price
bid per linear foot, including all excavation, all necessary
grouting, backfilling, cleanup, and the specified pipe casing
not including carrier pipe (wastewater), complete in place.
VIIA -7.9 LIFT STATIONS
When called for in the proposal, lift stations
shall be paid for at the unit contract price bid per each for
such structures, including all excavation, necessary blocking
and support for piping, backfilling and cleanup, complete in
place.
VIIA -7.10 CONCRETE ANCHORAGE BULKHEADS
When called for in the proposal, concrete anchor-
age bulkheads shall be paid for at the unit contract price
bid per each for the size of pipe specified, complete in
place.
VIIA -7.11 REINFORCED CONCRETE PIERS
When called for in the proposal, reinforced con-
crete piers shall be paid for at the unit contract price bid
per each, complete in place.
Revised 8 -82
Haynie & Kaltman, Inc.
CONSULTING ENGINEERS
1106 South Mays • Hound Hock, Texas 78664•(512)255- 7861, 2554564 /12212 Tech nology Blvd., Suite H • Auntie, Texas 78727 • (512)250.8611
October 18, 1984
ADDENDUM NO. 1
SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
Addendum No. 1 to the Plans, Specifications and Contract
Documents for the South Round Rock Wastewater Interceptor for
the City of Round Rock.
1. Box manholes as shown on Sheet 12 of 12 are not
required on this project. All manholes shall be standard
4- -foot diameter manholes. Manhole bases may either be cast
in place or precast as shown on the attached drawings.
2. All bidders shall acknowledge receipt of Addendum
No. 1 on Page 2 of 10 of the Proposal.
ADDENDUM NO. 1 - 1/1
CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING
Cost Iron Manhole Frame and Cover
(to be furnished and installed by
Contractor) T.V.I. & S. No. 672 or •rlual•
Set In Mortar
ex (1"X 24 Dfam. Precast reinforced
concrete grod• rings (set In mortar bed
and bring 10 finished street grade)
48 Diameter Manhole Con•
Reformed RAM Mal Sealing Compound
or •qual, Placed B 00000 Installation In
Accordance with Manufa oo Instruction..
fil" Diameter ASTM C-76, Class 111 or swotted
Claes "8" Concrete Base for Manhole
Cast - In-Place by Contractor
6 0" 1 STANDARD MANHOLE
CI TY OF ROUND ROCK
FAMOUS CRT sr MARTIN
S AND COVER. A NwIN IN ST
4 0 WOE MISS WILL OE
suavity TO RAISE THE
rANNOLE COVER. (REA SECT.
wI A-S.S•OR SIT
)
O MRS RF. SECT. WI
A I.S$ )
l
PRECAST RASE IF/ STEEL
REINFORCEMENT PER
ARM C•471-SEA
•
FLEXIBLE "SOOT TYPE"
CONNECTOR
41 ACNE* 1.0.
PRECAST MEMOIR
PER RPM C-47S - S2 -A
11 "T10tU 10 "
WASTEWATER MAIN
THE VANNOLE RASE SHALL it‘ MEWED
RM 1 CRUSHED STONE. INC CONTRACTOR
'HALL LEVEL ARO PLUMS THE RASE MINOR
TO S[TTNS TiIE PRECAST SIA"NOLE RISER
CtCTIDIS ON THE PRECAST CONCRETE RARE
- STANDARD PRECAST MANHOLE
ON PRECAST BASE FOR PIPE SIZES ,5" THRU 24"
MDT TO SCALE Haynie Kalman. lac.
r� Wi
OONSILTINO OMCIERS
ArN bek.,eie
STANDARD CITY OF AWTIN
INNS AND COVER. A MANINUM O7
MADE MISS WILL K
SELOWED TO RAISE THE
MANHOLE COVER.(REF.SECT.
w1A-S.6e... MI
0 RING (REF. SECT. VII
A- 15b. PS6 )
6"
PRECAST RASE w/ STEEL
REINFORCEMENT PER
ASTN C-4711-SEA
46 MICNET
FLExISLE - SOOT TYPE -
CONNECTOR
Mum $ECT$ONS
PER ASTM C-470 - $2 -A
1S - THRU SO -
TAASTEMTER MAIN
THE 11,14NNOLE MK SHALL SE SEO0EO
on 6 CRUSN[DSTONE. THE CONTRACTOR
SHALL LEVEL AND PLUMS THE SASE PRIOR
TO SETTINS TH[ PRECAST MANHOLE RISEN
SECTIONS 66 THE PRECAST CONC1IETE SASE
STANDARD PRECAST MANHOLE
ON PRECAST BASE FOR PIPE SIZES 15" THRU 24"
MDT TO SCALE Haynie ; .
f CONSULTING MON/EWIS
RaaM Roal . Trr
I• NM I MI • =II I• I — = I MB M - -- I
WNNOLE WILL
POWER SLE EVE
I NTtR LOCK CO NWENIE
a user
!MINE!
MOT TO SCALE
I•TARE V CLAMPS
FLEXIBLE "BOOT TYPE" CONNECTOR
Hopis rim he.
COE CO MM.1UA WOMIIIIPS
IrMNr link 1U0
1
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1 1106 South Mayo • Round Rock, Texas 78664•(512) 255. 7861,255 -4564 /12212 Technology Blvd., Smite H• Ao•tim, Texan 78727 • (512)250-8611
1
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1
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Haynie & Hallman, Inc.
CONSULTING ENGINEERS
October 24, 1984
ADDENDUM NO. 2
SOUTH ROUND ROCK WASTEWATER INTERCEPTOR
Addendum No. 2 to the Plans, Specifications and Contract
Documents for the South Round Rock Wastewater Interceptor for
the City of Round Rock.
1. The bid opening date of Tuesday, October 23, 1984
has been changed to Tuesday, October 30, 1984 at 2:00 p.m.
Bids will be received at the Round Rock City Hall, 214 E.
Main Street, Round Rock, Texas.
2. Attached find Revised Sheets 3 and 4 of the Plans.
These have been revised to alter the location of the proposed
wastewater line from Station 6 +36.92 to Station 21+57.40.
3. Revise Page 6 of 10 in the Proposal:
Bid Item No. 20 - Delete "43 Each" and Insert "44 Each ".
4. Revise Page 7 of 10 in the Proposal:
Bid Item No. 22 - Delete "104 V.F." and Insert "106 V.F. ".
5. Revise Page 7 of 10 in the Proposal:
Bid Item No. 23 - Delete "129 L.F." and Insert "85 L.F. ".
6. Revise Page 10 of 10 in the Proposal:
Bid Item No. 20A - Delete "43 Each" and Insert "44 Each ".
7. Revise Page 10 of 10 in the Proposal:
Bid Item No. 22A - Delete "104 V.F." and Insert "106 V.F. ".
8. Revise Page 10 of 10 in the Proposal:
Bid Item No. 23A - Delete "129 L.F." and Insert "85 L.F.".
9. All bidders shall acknowledge receipt of Addendum
No. 2 on Page 2 of 10 of the Proposal.
ADDENDUM NO. 2 - 1/1
CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING