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R-85-775 - 10/10/1985RESOLUTION NO. WHEREAS, the City has duly advertised for bids for wastewater improvements to the Lake Creek Interceptor, and WHEREAS, and best bid, and WHEREAS, the Council wishes to accept the bid of submitted the lowest , and to authorize the contract for the wastewater improvements to the Lake Creek Interceptor, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of '' is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with the necessary wastewater improvements to the Lake Creek Interceptor. RESOLVED this//, day of D [ \ 1985. ATTEST: i t N L'NI, t y ecretary ;2-4, for MIKE ROBINSON, Mayor City of Round Rock, Texas r r!ac • 1 R CITY OF ROUND ROCK, TEXAS 1985 C.I.P. WASTEWATER IMPROVEMENTS LAKE CREEK INTERCEPTOR CONTRACT DOCUMENTS AND SPECIFICATIONS Project No. 103 -433 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, September 17, 1985. Specification No. Haynie & Kallman, Inc. lq Don Parker, President Parker & Rogers Construction Co. P. 0. Box 1136 Georgetown, Texas 78627 -1136 PROJECT: CITY OF ROUND ROCK - 1985 C.I.P. WASTEWATER IMPROVEMENTS LAKE CREEK INTERCEPTOR Dear Mr. Parker: NOTICE OF AWARD The Owner has considered the Bid submitted by you for the above described work in response to its Advertisement for Bids. You are hereby notified that your ALTERNATE BID "A" has been accepted for items in the amount of $702,104.00. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Pay- ment Bond and Certificate of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and Certificate of Insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 22 day of , 1986. HAY PIE & KALLMAN, INC. on behalf of THE CITY OF ROUND ROCK ��z�GvreQi Scott Linden, P.E. ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is he,eby acknowledged by PARKER & ROGERS CONSTRUCTION COMPANY, this the ,S day of �c�„ k « , 1986. j PARKER & ROGERS CONSTRUCTION COMPANY BY r f ,7 Title RECEIVED :) ;311986 Haynie and Hallman, Ir:. Haynie & Kaltman, Inc. CONSULTING ENGINEERS August 30, 1985 ADDENDUM NO. 1 ADDENDUM NO. 1 - 1/1 1106 South Mays • Round Rock, Texas 78664 • (512) 255-7861/12212 Technology Blvd., Suite H • Austin, Texas 78727 (512) 250-8611 1985 C.I.P. WASTEWATER IMPROVEMENTS LAKE CREEK INTERCEPTOR Addendum No. 1 to the Plans, Specifications and Con- tract Documents for the Lake Creek Interceptor for the City of Round Rock. 1. All reinforced concrete pipe used in the wastewater interceptor shall have a minimum calcium carbonate equiva- lency of 65 %. 2. All Bidders shall acknowledge receipt of Addendum No. 1 on Page 2 of 7 of the Proposal. CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING ;s- Haynie & Kallman, Inc. CONSULTING ENGINEERS ' 1106 South Mays • Round Rock, Texas 78664 • (512) 255-7861/12212 Technology Blvd., Suite H • Austin, Texas 78727 (512)250-6611 September 10, 1985 ADDENDUM NO. 2 1985 C.I.P. WASTEWATER IMPROVEMENTS LAKE CREEK INTERCEPTOR Addendum No. 2 to the Plans, Specifications and Con- tract Documents for the Lake Creek Interceptor for the City of Round Rock. 1. Replace the Proposal and Bidding Sheets (Pages 1 thru 7) with the attached revised Proposal and Bidding Sheets (Pages 1 thru 8). 2. Insert the attached Concrete Retard Detail No. 15. 3. Compaction on bedding and backfill shall be 95% density as determined by TEX.113 -E. 4. Material under manholes shall be crushed stone, approved by the Engineer, instead of cement stabilized sand. 5. Monolithic and tee type manholes may be used. The inside diameter of the monolithic manhole at the main line shall be as follows: 48" on lines up to 36 "; 60" on a 54" line; 72" on a 60" line; and 72" on a 66" line. 6. A copy of the Texas Water Commission's "Edward's Order" is available for viewing in the Engineer's office. 7. The dimensions of the existing lift stations are as follows: Diameter Depth Lake Creek 8' 28' South Creek 8' 21' Greenslopes 8' 21' ADDENDUM NO. 2 - 1/2 CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING 1985 C.I.P. Wastewater Improvements Lake Creek Interceptor 8. All Bidders shall acknowledge receipt of Addendum No. 2 on Page 2 of 8 of the Bid Proposal. HAYNIE & KALLMAN, INC. /lam Douglas C. Hearn Project Manager ADDENDUM NO. 2 - 2/2 1 1 1 1 1 1 1 • _ 1 1 1 1 1 1 1 1" MIN 103 BARS 6" MIN. TOP VIEW NORMAL TRENCH EE DETAIL NO. I END VIEW *3 BARS 12" QC., EA. FACE v_11111' 1111111 rk- I 1111 lk 111111 11111-.T- ' g111111.g.12111MM 121 _Ifl ' 111 NATURAL GROUND 12" M IN. - KEYED INTO TRENCH WALLS 2500 P.S.I. CONC. .PLACED AGAINST DRIZ BED TRENCH TOM ---- CONCRETE RETARD DETAIL NO. 15 TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL AND BIDDING SHEET BID BOND AGREEMENT PERFORMANCE BOND PAYMENT BOND MAINTENANCE 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 1985 C.I.P. WASTEWATER IMPROVEMENTS LAKE CREEK 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, September 17, 1985, and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of the Lake Creek Interceptor, located in Round Rock, Williamson 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 Lake Creek Interceptor, to be opened at 2:00 p.m., September 17, 1985." 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., beginning August 26, 1985, 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. Upon request, plans, specifications and bidding docu- ments will be sent via U. S. mail, bus, or overnight delivery service (i.e. Federal Express, Airborne), at the requestor's expense. 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 150 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 1985 C.I.P. WASTEWATER IMPROVEMENTS - LAKE CREEK INTERCEPTOR, to be opened at 2:00 p.m., Tuesday, September 17, 1985." 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 Inviting Bids. Bidders or their authorized agents are invit- ed 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. Alternative 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 bidder 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 farther 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 1985 C.I.P. WASTEWATER IMPROVEMENTS LAKE CREEK INTERCEPTOR IN ROUND ROCK, TEXAS 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 8 Revised per Addendum No. 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Lake Creek Interceptor, within 150 calendar 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. Dated /t/O. / 8 -30 -8S pro . 4)-7 Page 2 of 8 Revised per Addendum No. 2 1 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the above Proposal 1 is hereby respectfully submitted by: ' N Rog of fS C- rihsT C%p. / /2 /9 Hat / � Contractor � xL e b ' by (Signature) Title or Position Business Address Telephone Number 6 W, 61I tr�SO� > e S 7 (F127 //c City/ County State Z ip (Seal if Bid is by a Corporation.) ATTEST: 1 1 1 1 1 1 ' Page 3 of 8 Revised per Addendum No. 2 1 1 1 1 1 1 1 1 1 Bid 1 1 1 1 1 1 1 1 1 1 PROPOSAL BIDDING SHEET CONTRACT: 1985 C.I.P. WASTEWATER IMPROVEMENTS JOB NAME: LAKE CREEK INTERCEPTOR JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK Gentlemen: Pursuant to the foregoing Notice to Contractors and Instructions to Bidders, the 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 Lake Creek Intercep- tor, and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: Item Quantity Unit 2 3 947 L.F. 54" Sewer Line, Vitrified Clay, R.C.P., D.I., J Permaloc, or Spirolite, all depths, complete in place, per linear foot for and BASE BID Item Description and Written Unit Price `■d d 4 Ea. Standard Manhole a 54" Line, in ing Bolted Gasketed er, com e in place, per each for 6re 1 ,t$ 1 and 0 Page 4 of 8 Revised per Addendum No. 2 v1 Dollars o0 oo Cents ) /3D $ / ,23,//0 Unit Price Amount lars c2g o Ce $ SOW • $/2000. 2 Ea. Standard hole on a 54" Line, includ- ing B. ed Gasketed Cover and Vent, c• • ete in place, per each for and 7X 1, �re A Dollars Bo it/0 Cents $ 38(90 $ 7!D ALTERNATE BID "A" IS AWARDED; THEREFORE, BASE BID ITEMS 1 THRU 3 ARE DELETED. 00 1 4 5,605 L.F. 36" Sewer Line, Vitrified Clay, R.C.P., D.I., J-M Permaloc, or Spirolite, all depths, complete in place, per linear foot for ?/ S'r velt/ Dollars OJ o0 1 and / ^/0 Cents $ (7, i 375535. 5 325 L.F. 24" Sewer Line, Vitrified Clay, R.C.P., D.I., J-M Permaloc, or Spirolite, all I depths, complete in place, per linear foot ' for A, y Dollars O�j e and ,V D Cents $ St). $ /42.0. ' 6 15 L.F. 15" Sewer Line, Vitrified Clay, R.C.P., D.I., J-M Permaloc, or Spirolite, all depths, complete in place, per linear foot ' for rovily Dollars a O° 1 and y Cents $ 4& $ 4 00 7 404 L.F. Concrete Cap of 36" Sewer Line, complete in place, per linear foot 1 for ;,(� Dollars Cents $ .3"O. O p p and y,V p 8 8 Ea. Concrete Retards, complete in place, per $ � 20� ZOO. each /� 1 1 for Six !f //hdNP� Dollars o p ad and v O Cents $ ‘DO. $ ¢800. ' 9 18 Ea. Standard Manhole on a 36" Line, includ- ing Bolted Gasketed Cover, complete in place, per each 1 for 7 ,, 7701.e - ahc. Dollars and ti D Cents $ zoo $ 3GO�. ' 10 1 Ea. Standard Manhole on a 24" Line, includ- ing Bolted Gasketed Cover, complete in place, per each 7 for ' FrF /Pea k //ONec) Dollars o 0 00 for 1 0 Cents $ /S417, -- $ /.SD©. 1 Page 5 of 8 Revised per Addendum No. 2 1, . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bid Item Quantity Unit Item Description and Written Unit Price 11 9 Ea. Standard Manhole on a 36" Line, includ- ing Bolted Gasketed Cover and Vent, complete in place, per each for 4 /[IdpPj Dollars er0 � and Cents $ �$�. $ ZOD, 12 1 Ea. Standard Manhole on a 24" Line, includ- ing Bolted Gasketed Cover and Vent, complete in place, per each ' for T, /cue / yi .. Dollars , , pO and y cJ Cents $ aS0O 13 1 Ea. Drop Connection of a 15" Line to Exist- ing Manhole, including all piping and fittings as shown on Detail, complete in place, per each for Svc-, "„ r Dollars and Ai O / Cents 14 3 Ea. Drop Connection of a 24" Line to a Proposed Manhole, including all piping and fittings as shown on Detail, com- plete in place, per each for Tres .!'welt) 7tuh4 Pd Dollars �j O and AI 0 Cents $ 0 /70 . a $ 8 15 3 Ea. Connection to Existing Manholes, com- plete in place, per each for .i`ee 74/.sati Dollars a0 0 and ,ilp Cents $ _moo, — $ 7400. 16 100 V.F. Extra Depth for Manholes, complete in place, per vertical foot for Ohr /tUe�P�Ne Dollars 0 O and q /D Cents $ go, $ /D,&ea 17 17,250 S.Y. Revegetation, complete in place, per square yard for >U O Dollars O0 and */,.c4/ Cents $(f,..S $ Ala s Page 6 of 8 Revised per Addendum No. 2 Unit Price $ 7. 50 . de, Amount $ Bid Item Quantity Unit 18 1 L.S. Abandonment of Three (3) Existing Lift Stations (South Creek, Lake Creek and Greenslopes), complete in place, per 1 ump sum for F14eh /% NASez .7,1 and N O Bid Item Quantity Unit Item Description and Written Unit Price TOTAL BASE BID (Items 1 thru 18) ALTERNATE BID "A" Item Description and Written Unit Price TOTAL ALTERNATE BID "A" Dollars Cents 1A 947 L.F. 60" Sewer Line, Vitrified Clay, R.C.P., D.I., J-M Permaloc, or Spirolite, all depths, complete in place, per linear foot, in lieu of Item 1 of Base Bid for On ef1urdiodF,fj/ no Dollars „ , and A., p / Cents $ i3 , 2A 4 Ea. Standard Manhole on a 60” Line, includ- ing Bolted Gasketed Cover, complete in place, per each, in lieu of Item 2 of Base Bid e // / and "/ .�.., F, eied, r,;,Fj� l 1 ar s ,v ' Cents $ 37S , � $ 45;606 3A 2 Ea. Standard Manhole on a 60 "'Line, includ- ing Bolted Gasketed Cover and Vent, complete in place, per each, in lieu of Item 3 of Base Bid for A„ Au e / he.4-.: _e)AJ Do 1 1 ars ado and N p Cents $ 4.5 $ x//40, oa $ 7a < /a4; (Items 4 thru 18 of Base Bid and 1A, 2A and 3A) Page 7 of 8 Revised per Addendum No. 2 Unit Price Amount $ /.SfJOO oo $ A3,-460 o0 Unit Price $ C76 770. o'o Amount ofl $/43944. 1 1 Bid Item Description Unit ' Item Quantity Unit and Written Unit Price Price Amount 947 L.F. 66" Sewer Line, Vitrified Clay, R.C.P., D.I., J-M Permaloc, or Spirolite, all depths, complete in place, per linear foot, in lieu of Item 1 of Ba se Bid or /9A,e /4U,,.,.v.PdSeue // g3Dollars an. d Cents $ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ALTERNATE BID "B" 2B 4 Ea. Standard hole on a 66" Line, inclu ing Bolted . eted Cover, complet- n place, per each, 'n lieu of Ite of Base Bid for F ' Five �i�e Dollars po eo and Cents $ ¢54,9 $ /8 444 3B 2 Ea. Standard Man e on a 66" Line, inc ing Bolte. asketed Cover and Vent, comple in place, per each, in lieu of em 3 of -- ✓4 /f Base Bid I 1 for Uiio Dollars o- ao and /VD Cents $ 5300 O GOO. TOTAL ALTERNATE BID "B" $ .2 (Items 4 thru 18 of Base Bid and 1B, 2B and 3B) ALTERNATE BID "A" IS AWARDED; THEREFORE ALTERNATE BID "B" ITEMS ARE DELETED. Page 8 of 8 Revised per Addendum No. 2 49 0 $ J OW ALL MEN BY THESE PRESENTS , that we Parker & Rogers Construction Company as Principal hereinafter called the Principal, all the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto 1 The City os Round Rock, Texa4 in the sum of ($ 5 $ GAB ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bin ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WIREAS, the Principal has submitted a bid for 1985 C Wa.atewa.ten Impnovementb at Lake. Cneek Intencepton 1 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in thlidding or contract documents with good and sufficient surety for the faithful performance of such contract and for th prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to aceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in Wod 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. •s Signed and sealed this 17th day of Se p em b en A D 19 8 5 , 13250 Rev. 5.>o em.. " e n as Obligee, hereinafter called the Obligee, Five 15$) Pen Cent o5 The:G(nea.te4. Amount Bid Dollars (Witness) BID BOND Approved by The American Institute of Architects, A. I. A. Document A 310 Feb. 1970 Edition s 4 , ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota A Capital Stock Company Parker & Rogers Construction Company (Seal) (Principal) Pnea.Ldent (Title) St. Paul Fire and Marine Insurance Company (Su Jeannie Jensen (Attorney -in -fact) (Seal) Print «r witA normieeinn of 77.., A..... .:...... I.....•........! A...L:........ 1 1 1!Stibui ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 Washington Street, St. Paul, Minnesota 55102 For verification of the authenticity of this Power of Attorney; you may telephone toll free 800- 328 -2189 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) • KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: R. F. Siddons, Jr., Steve Siddons, Robert C. Siddons, Betty Turner,' Robert C. Fricke, Jeannie Jensen, Elaine Windom, individually, Austin, Texas its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, . t NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney to executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,- Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C): "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section and /or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May; 1959, of w hich the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." t' 70� , y f/R * arreu it6tvwBo On this 27th day of March , 19 85 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he /she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of Said Company, that the said Corporate Seal and his /her signature were duly affixed by order of the Board of Directors of said Company. ' CERTIFICATION . 1, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney; with the ORICNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ' IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984. me STATE OF MINNESOTA} ss. County of Ramsey IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written, IN TESTIMONY WHEREOF, I have hereunto set my hand this ST. PAUL FIRE AND MARINE INSURANCE COMPANY •, MARY C. CLANCY, Note y Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATE OF AUTHORITY NO. 864172 Vice President 1 7th '' day of S ep,embeh 19 85 . • secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 3 -84 Printed in U.S.A • , AGREEMENT THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 1 THAT THIS AGREEMENT is hereby made and entered into this %.3e-t* day of a�L�2GGlt/+C� , A.D., 1985, by and between THE CITY OF ROUND ROCK, TEXAS, its Mayor, Party of the First Part, hereinafter termed OWNER, and PARKER & ROGERS CONSTRUCTION COMPANY of the City of Georgetown , County of Williamson , and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and perform- ed by the Party of the First Part (OWNER), and under the con- ditions 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 fol- lows: 1985 C.I.P. WASTEWATER IMPROVEMENTS LAKE CREEK 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, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Pro- posal attached hereto, and in accordance with the Notice to Contractors, General Conditions of Agreement, Special Condi- tions of Agreement, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda 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 CONTRACTOR'S written proposal, the General Page 1 of 2 Conditions of the Agreement, and the Performance, Payment and Maintenance Bonds hereof and collectively evidence and con- stitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to complete the same within 150 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: ATTEST: Mike Robinson, Mayor Corporate Seal PARKER & ROGERS CONSTRUCTION COMPANY Party of the Second Part (CONTRACTOR) BY: ATTEST: (T1(k following to be executed if the Contractor is a Corpora- tion.) I, f� gay /9a9e,ts , certify that I am the Secretary of the Corporation named as Contractor here- in; that / Z2• A , who signed this Contract on behalf of the Contractor was then /` erfrie.4 / (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. Page 2 of 2 Signed: W � �� InsuP oty &Latx4ly 1 M, 1 1 KNOW ALL MEN BY THESE PRESENTS: That 1 1 1 1 I 1 1 PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A -311 Feb., 1970 Edition P.O. DRAWER 1136, GEORGETOWN, TEXAS 78627 - 1136 ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Raul, Minnesota\ A Capital Stock Company PARKER & ROGERS CONSTRUCTION COMPANY (Here insert the name and address or legal title of the Contractor) 1' as Principal, hereinafter called Contractor, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surcty, • hereinafter called Surcty, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS 214 EAST MAINE STREET, ROUND ROCK TEXAS (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of SEVEN HUNDRED TWO THOUSAND ONE HUNDRED FOUR AND NO /100 702 104.00 Dollars ($ ) ' • for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 'entered into a contract with Owner for WATER AND WASTEWATER IMPROVEMENTS, LAKE CREEK INTERCEPTOR . in accordance with drawings and specifications prepared by HAYNIE AND KALLMAN 1106 SOUTH MAYS, ROUND ROCK 4 (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Cont 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, 'then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of succession of defaults under the contract or contracts at completion time made by the Owner. ,, ■ - • Propeny&balx!dy Insurance 1 1 I KNOW ALL MEN BY THESE PRESENTS: That P.O. DRAWER 1136, GEORGETOWN, TEXAS 78627-1136 I (Here insert the name and address or legal title of the Contractor) ' as Principal, hereinafter called Contractor, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Horne Office in the City of St. Paul, Minnesota, as Surety, I hereinafter called Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS 1 214 EAST MAINE STREET, ROUND ROCK TEXAS (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of SEVEN HUNDRED TWO THOUSAND ONE HUNDRED FOUR AND N0/100 702,104.00 Dollars ($ i for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 'entered into a contract with Owner for WATER AND WASTEWATER IMPROVEMENTS, LAKE CREEK INTERCEPTOR • in accordance with drawings and specifications prepared by 1106 SOUTH MAYS, ROUND ROCK (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS ----------- s such that, if Contractor shall promptly and faithfully perform said Contract, The Surety hereby waives notice of any alteration or extension of succession of defaults under the contract or contracts of completion I then this obligation shall be null and void; otherwise it shall remain in full force and effect. time made by the Owner. I d Whenever Contractor shall be; and declared by Owner to bc in efault under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly lions Complete the Contract in accordance with its terms and condi' , or . 2) Obtain a bid or bids for completing the Contract in accordance i v. its terms and conditions, and upon determination by Surety oflhe west responsible bidder, or, if the Owner elects, upon determination y the Owner and the Surety jointly of the lowest responsible bidder, arrange for 2 contract between such bidder and Owner, and make avail- I ble as Work progresses (even though there should be a default or a • I Signed and scaled this In the presence of: - 7- PERFORMANCE BOND Approved by Thy American Institute of Architects A.I.A. Document No. A-311 Feb., 1970 Edition 4TH PARKER & ROGERS CONSTRUCTION COMPANY HAYNIE AND KALLMAN day of ' FEBRUARY itnesb) JEAN E JENSEnAttorney-in-fact Printed with permission of ihe American Institute of Architects ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota\ A Capital Stock Company 4. ) , arranged under this paragraph) sufficient funds to pay the cost of com- pletion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Con- tracmr, Any suit under this bondpiust be instituted before the expiration of two (2) years from the date on which final payment under the con- ,, tract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the lieirs, executors, administrators or successors of Owner. A. D. 19 86 d , PARKER Si ROGERS CONSTRUCTION COMPANY i E 44.4xit, ' ae tg . /7 { (Prinalpal) (Title) St. Paul Fire and Marino Insuranco Company (Seal) (Seag. Property &Llabdiy ' Insurance 1 Statutory Payment Bond — Texas (Texas Real Property Code — Private Work) Bond No (Penalty of this bond must be 100% of Contract amount. This bond and copy of contract must be filed with County Clerk of County wherein owner's property is located.) KNOW ALL MEN BY THESE PRESENTS: That PARKER & ROGERS CONSTRUCTION COMPANY 1 Original Contractor (hereinafter called the Principal), as Principal, and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Minnesota, with its principal office in the City of St. Paul, hereinafter callei the Surety), THE CITY OF ROUND ROCK, TEXAS ( y), as Surety, are held and firmly bound unto ' (hereinafter called the owner), in the amount of SEVEN HUNDRED TWO THOUSAND ONE HUNDRED FOUR AND (here insert an amount equal to the total contract price) NO /100 - Dollars (S 702,104.00 - - -) I for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 'day of 19 to WATER & WASTF.WATFR IMPROVEMENTS • LAKE CRRFK INTERCEPTOR - '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 1S SUCH, that if the same Principal shall promptly pay claimants for all labor, subcontracts, materials and specially fabricated materials performed or furnished under or by virtue I of said contract and duly authorized normal and usual extras thereto (not to exceed 15% of said contract price), then this obligation shall be void, otherwise to remain in full force and effect; labor, subcontracts, materials and specially fabricated materials shall be construed in accordance with Sections 53.201 et seq. of the Texas Real Property Code, added by Acts of the 'Regular Session of the 68th Legislature, 1983, as amended. PROVIDED, HOWEVER, that the Owner having required the same Principal to furnish this bond in order to comply with the provisions of Sections 53.201 et seq. of the Texas Real Property Code, added by Acts of the Regular Session of the 68th I Legislature, 1983, all rights and remedies on this bond shall inure solely to such claimants and shall be determined in accordance with the provisions, conditions and limitations of said Texas Real Property Code as amended to the same extent as if they were copied at length herein. 'IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of FEBRUARY t9 86 I VITNESS: - •TTLST: 1 (IF INDIVIDUAL OR FIRM) (. (IF CORPORATION I fhe foregoing bond is hereby approved. 1 01%NER ADDRESS r 14574 Rev. 4 -84 Printed in U.S.A. DATE ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota A Capital Stock Company 4TH PARTcRR F. ROCRRS CONSTRITCTT ON COMPAN.XSEAL) (Principal) By�l� �. /GC� (Title) Phpy(GCE•wj UL FIRE AND MAR NSURANCE COMPANY urety IE JENSEN (Attorney- in•Facs) ,^ ,,.xy I , >x; 5'P - r -; x x;r � *�FF� s t;z,,'- a.. v A.c. 1 ._ ... ,1,,j a COMPANIES AFFORDING COVERAGES 1 EorPAaY ER B Northwestern National Ins. Co. IE'T ■I 1•1111•1 A Li II T' Y r - �fl4�rII I T�; �Sf4Aul ST. PAUL FIRE AND MARINE INSURANCE COMPANY aiPmv 385 Washington Street, St. Paul, Minnesota 55102 For venficatton of the authenticity of this Power of Attorney, you may telephone toll free 800.328 -2189 and ask for the Power of Attorney Clerk Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: R. F. Siddons, Jr., Steve Siddons, Robert C. Siddons, Betty Turner, Robert C. Fricke, Jeannie Jensen, Elaine Windom, individually, Austin, Texas its true and lawful attorney(s) -m -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognrzances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,- Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C) "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recogmzances, contracts of indemnity and other writings obligatory m the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section and /or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney -in -fact and revoke the authority given him " Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959. of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bmdmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached " uw tRE Mnb F 6 IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March. A.D 1984. On this 15 t} day of November . 19 8 5 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn, satd that he /she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of Said Company, that the said Corporate Seal and his /her signature were duly affixed by order of the Board of Directors of said Company STATE OF MINNESOTA} ss. County of Ramsey CERTIFICATE OF AUTHORITY NO. 946784 ST. PAUL FIRE AND MARINE INSURANCE COMPANY Vice President IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written MARY C. CLANCY, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATION 1, the undersigned officer of St, Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are cortex transcripts thereof, and of the whole of the smd ongmals, and that the sold Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this `4J bt ia/n2 /w 86 day of 19 Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding Photocopies, carton copies or other reproductions of this document are invalid and not binding upon the Company ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 3 -84 Panted in U.S.A MAINTENANCE BOND THE STATE OF TEXAS I COUNTY OF KNOW ALL MEN BY THESE PRESENTS, THAT WE , as PRINCIPAL and , a Corporation organized under the laws of the State of , as SURETY, are held and firmly bound unto , as OBLIGEE, in the penal sum of Dollars ($ ), to which payment will and truly to be made we do bind our- selves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has constructed WHEREAS, said OBLIGEE requires that the PRINCIPAL furnish a bond conditioned to guarantee for the period of one year after approval by against all defects in workmanship and materials which may become apparent during said period; MB -1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the PRINCIPAL shall indemnify the OBLIGEE for all loss that the OBLIGEE may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the OWNER, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this day of 19 Principal By: Title Address Address The name and address of the Resident Agent of Surety is: MB -2 Surety By: Title GENERAL CONDITIONS OF AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1 1. DEFINITIONS 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods 3 and Equipment 4 2.03 Changes and Alterations 4 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 2.07 Licenses, Permits, and Certificates 5 2.08 Royalties and Patents 2.09 Keeping of Plans and Specifications 5 Accessible 5 2.10 Discrepancies and Omissions 5 2.11 Contractor's Understanding 6 2.12 Extra Work 6 2.13 Payment for Extra Work 7 2.14 Assignment and Subletting 8 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 9 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 10 2.25 Sanitary Facilities 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 10 3.01 Labor, Equipment, Materials and 10 Construction Plant 10 3.02 Performance and Payment Bonds 3.03 Contractor's Ability to Perform 11 3.04 Superintendence and Inspection 11 3.05 Character of Employees 3.06 Contractor's Duty to Protect Persons 11 and Property 12 3.07 Safety Codes 12 3.08 Barricades 12 3.09 Minimum Wages 3.10 Unsuitable Work or Materials 12 1 3.11 No Waiver of Contractor's Obligation 3.12 Site Clean Up 13 1 3 3.13 Guarantee 1 1 1 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 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 16 5.02 Rate of Progress 16 5.03 Sunday, Holiday, and Night Work 5.04 Hindrances and Delays 16 1 5.05 Extensions of Time 5.06 Liquidated Damages for Failure to 17 Complete on Time 6. INDEMNITY 18 6.01 Contractor's Indemnity Provision 18 6.02 Workmen's Compensation Insurance 6.03 Comprehensive General Liability Insurance 18 6.04 Owner's Protective Insurance 6.05 Comprehensive Automobile Liability 19 Insurance 19 6.06 Insurance Certificate 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 21 and Materials by Owner 21 8.03 Methods of Completing the Work 22 8.04 Final Acceptance 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 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 & Kallman, 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, 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 Dax. 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 1.13 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. GC -3 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 GC -4 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 Kee0ing 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 GC -5 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 GC -6 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 GC -7 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 GC -8 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. GC -9 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. -GC -10 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 orderly, 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 - GC -11 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 enployed 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, GC -12 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 GC -13 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 GC -14 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; GC -15 provided however, that the order and time of prosecu- tion shall be such that the work shall be 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 elements 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; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor ", but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor 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. GC -16 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 $ 5,001.00 to $ 15,000.00 15,001.00 to 25,000.00 25,001.00 to 50,000.00 50,001.00 to 100,000.00 100,001.00 to 500,000.00 500,001.00 to 1,000,000.00 1,000,001.00 to 2,000,000.00 2,000,001.00 to 5,000,000.00 GC -17 $ 30.00 35.00 40.00 50.00 70.00 200.00 300.00 400.00 500.00 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 became 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 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 $ 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 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- ther 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: Bodily Injury $100,000 each person - $300,000 each accident Property Damage $ 50,000 each accident 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 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 nd 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 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 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 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 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 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 9.09 Contractor's Obligation. Neither the Contract 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- t ranty which may be required in the Contract Docu- ments. I 9.10 Payments Withheld. 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 I necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating 1 probable filing of claims. c. Failure of the Contractor to make payments proper- ly to subcontractors or for material or labor. 1 d. Damage to another contractor. When the above grounds are removed or the Contractor 1 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. 1 - 1 1 1 1 1 1 1 1 1 GC -26 SPECIAL CONDITIONS OF AGREEMENT SPECIAL CONDITIONS OF AGREEMENT SECTION 01 - INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to Haynie & Kaltman, 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 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 without 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 No burning of trash, dead trees, and brush or any other 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 fences 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 within 500 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 - 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 - 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 - 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 - 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 SCALE 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 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS MISCELLANEOUS 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. 1. Alignment shown on Plans shall be achieved by deflection in pipe and pipe joints not to exceed manufacturer's recommended maximum deflection, except where specific fittings are called for on Plans. There will be no additional pay for fittings used for deflection purpos- es, except for those specifically authorized by the Engineer. 2. It is the Contractor's responsibility to locate and pro- tect all existing utilities such as gas meters, water meters, valve boxes, fire hydrants, structures and other appurtenances that lie within the construction easement. It shall be the responsibility of the Contractor to repair, at his expense, all utilities, driveways, pave- ment, curb and gutter, sidewalk and any other items damaged during construction, regardless of whether all items are shown on the Plans. Take precautions when excavating, as shallow, live utility lines may be found within the construction easement. The location of existing overhead and underground utilities is approxi- mate. In addition to normal precautions when excavating for utility line construction, take extra precautions when excavating within 25 feet of any utilities shown on the Plans. 7. Dust control measures provided by Contractor at the dis- cretion of the City Inspector. 8. Trees in Permanent and Temporary Construction Easements: Careful clearing shall be done under the direction of the Engineer in the easements so as to save all trees of 8" diameter and larger. No trees of 8" diameter or larger and no ornamental trees or shrubs shall be damag- ed or removed without written consent of the Engineer. TS -1 9. When approaching existing water, sewer, or any other underground utilities, the Contractor shall excavate and verify exact elevations, locations and sizes prior to construction. The Contractor shall make grade adjust- ments in the proposed lines as required to pass under all existing utility lines, at no extra cost to the Owner. 11. 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. 12. The "Measurement and Payment" procedures shall be as included in these Specifications. Bid items in the Pro- posal are for specific items noted on the Plans. Any items shown on the Plans but not included as a separate pay item in the Proposal shall be considered a subsid- iary item and no additional payment shall be made for such work. 13. All areas exposed during construction shall be revege- tated as directed by the Engineer. Revegetation of all exposed areas shall consist of sodding, seeding or hydromulching, at Contractor's option. Acceptability shall consist of a minimum 1 -1/2" growth over 85% of the area, with individual exposed areas not to exceed 10 square feet. 14. Blasting, where allowed, shall be monitored under cer- tain instances at the Contractor's expense. Include in unit price bid for water pipe. Proper notification of property owners by Contractor shall be accomplished eight (8) hours prior to blasting. Refer to "Special Conditions" for monitoring locations. 15. All debris, trash, tree stumps, broken concrete, as- phalt, etc. shall become the property of the Contractor and shall not be disposed of on the jobsite. 16. All construction and material shall meet the criteria set out in the Texas Water Commission's "Edward's Order ". TS-2 TECHNICAL SPECIFICATIONS WASTEWATER 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. 1. Sewer pipe shall be Vitrified Clay (ASTM C700); Asbestos Cement (Class 2400, Type II); J -M Permaloc (ASTM D1784, 12454C, 13364C); Spirolite (ASTM 1248, Type III, Class C, Category 5, Grade P34); P.V.C. (SDR -35); Ductile Iron Pipe (Class 50); or R.C.P. (Class III with 0-ring gasket and calcaveous aggregate, polygard lining is not requir- ed). 2. The size of the pipe shall be as shown on the Plans and in the Bid Proposal. 3. The type of manholes shall be as shown on the Plans. TS -3 BASIS OF MEASUREMENT AND PAYMENT BASIS OF MEASUREMENT AND PAYMENT WASTEWATER 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, mater- ials, constructing and completing the item on which payment is made. VIIA -7.1 PIPE 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 include all excava- tion, bedding material, fittings, plugs, pipe coatings, connection to the existing system, back - filling, disposal of surplus materials, and clean up. Measurement for depths shall be from the existing ground surface or proposed street sub - grade, whichever is less, over the centerline of the pipe to the flow line of the pipe. Measure- ment for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compen- sation 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, com- plete in place. The depth of such structures shall be understood to be the perpendicular dis- tance 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 manholes. 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 excavation, coatings and backfill- ing, complete in place. MP -1 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 exca- vation, eyes, drop connections, coatings, ring and cover, and backfilling, complete in place. 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 con- tract 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 exca- vation and backfilling, 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 con- tract price bid per linear foot, including all excavation, all necessary grouting, backfilling, cleanup, and the specified pipe casing not includ- ing 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 exca- vation, 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 con- tract price bid per each for the size of pipe specified, complete in place., MP -2 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. VIIA -7.12 DROP MANHOLE CONNECTION When called for in the proposal, drop manhole con- nections shall be paid for at the unit contract price bid per each, including all piping and fit- tings as shown in Detail, complete in place. VIIA -7.13 LIFT STATION ABANDONMENT When called for in the proposal, lift station abandonment shall be paid for at the unit contract price bid per lump sum, including removal of all equipment and delivery to the City of Round Rock, filling wet well and vault with granulated back - fill and sealing with 4" concrete cap, and plug- ging all abandoned wastewater lines as shown on the Plans, complete in place. MP -3