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R-86-846 - 3/31/1986ATTEST: ?a2 a�� City Secretary RESOLUTION NO. Q `zeo k WHEREAS, the City has duly advertised for bids for a 2,000,000 gallon clear well storage, and WHEREAS, ��jy/�Q �„(., submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of and to authorize the execution of the necessary documents, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE ] CITY OF ROUND ROCK, TEXAS That the bid of Y,�(ih!'! is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with a f cce, ;11,4L_ for a 2,000,000 gallon clear well storage. RESOLVED this 31st day of March, 1986. MIKE ROBINSON, Mayor City of Round Rock, Texas ITEM UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 2,000,000 Gallon Clearwell: (approximately 18 feet high) located at the Round Rock Water Treatment Plant, including stan- dard roof, tank appurtenances, excavation, select fill, and all improvements in and around the site as indicated on the Plans, not including concrete and rein- L.S. 1 $ $190,000.00 $ $179,150.00 $ $186,537.00 forcing steel for the foundation 2. Reinforced Concrete Foundation: Design by Contractor L.S. 1 41,500.00 54,750.00 44,846.00 3. Cleaning, Painting and Steriliza- tion of the 2,000,000 Gallon Clearwell L.S. 1 47,500.00 55,000.00 61,425.00 TOTAL - 2,000,000 GALLON CLEARWELL $279,000.00 $288,900.00 $292,808.00 BIDS EXTENDED AND CHECKED Haynie & K Inc. CONSULTING ENGINEERS BID TABULATIONS By: MDV, WVL, CLA 1106 South Mays Date: 2 -28 -86 Ilt Round Rock, Texas 78664 Sheet: 1 of 2 (512) 255 -7861 OWNER CITY OF ROUND ROCK, TEXAS BIDDERS ADVANCE TANK - TEXAS, INC. Beaumont, Texas TANK BUILDERS, INC. Euless, Texas HOLLOWAY CO., INC. Ft. Worth, Texas JOB NO. 103 -799 BID DATE 2 -27 -86 TIME 2:15 P.M. LOCATION ROUND ROCK, WILLIAMSON COUNTY, TEXAS DESCRIPTION 1985 C.I.P. WATER PLANT EXPANSION - 2,000,000 GALLON CLEARWELL BID BOND ENCLOSED? Yes Yes Yes ADDENDUM NO. 1 ACKNOWLEDGED? Yes No Yes ITEM UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 2,000,000 Gallon Clearwell: (approximately 18 feet high) located at the Round Rock Water Treatment Plant, including stan- dard roof, tank appurtenances, excavation, select fill, and all improvements in and around the site as indicated on the Plans, not including concrete and rein- forcing steel for the foundation L.S. 1 $ $257,512.00 $ $ $ _ $ 2. Reinforced Concrete Foundation: Design by Contractor L.S. 1 35,765.00 3. Cleaning, Painting and Steriliza- tion of the 2,000,000 Gallon Clearwell L.S. 1 63,684.00 TOTAL - 2,000,000 GALLON CLEARWELL $356,961.00 $ $ BIDS EXTENDED AND CHECKED BID TABULATIONS By: MDV, WVL, CLA Date: 2 -28 -86 Sheet: 2 of 2 OWNER CITY OF ROUND ROCK, TEXAS BIDDERS SHILOH TANK & ERECTION CO., INC. Springdale, Arkansas JOB NO. 103 -799 BID DATE 2 -27 -86 TIME 2:15 P.M. LOCATION ROUND ROCK, WILLIAMSON COUNTY, TEXAS DESCRIPTION 1985 C.I.P. WATER PLANT EXPANSION - 2,000,000 GALLON CLEARWELL BID BOND ENCLOSED? Yes ADDENDUM NO. 1 ACKNOWLEDGED? Yes it " ar` •CITY OF ROUND ROCK, TEXAS 1985 C.I.P. - WATER PLANT EXPANSION 2,000,000 GALLON CLEARWELL CONTRACT DOCUMENTS AND SPECIFICATIONS PROJECT NO. 103 - 799 -45 Bids will be received at City Hall, 214 E. Main Street, Round Rock, Texas 78664, at 2:15 o'clock p.m., on Thursday, Feb- ruary 27, 1986. Specification No. Haynie & Kaltman, Inc. 11 1: Haynie & Kallnlan, Inc. CONSULTING ENGINEERS MDV /cla February 21, 1986 ADDENDUM NO. 1 1985 C.I.P. WATER PLANT EXPANSION 2,000,000 GALLON CLEARWELL ADDENDUM NO. 1 - 1/1 1106 South Mays• Round Rock, Texas 78664 • (512) 255-7861 Addendum No. 1 to the Plans, Contract Documents and Specifications for the 1985 C.I.P. Water Plant Expansion - 2,000,000 Gallon Clearwell for the City of Round Rock. 1. Technical Specifications, Section 04 - Welded Steel Ground Storage Tank, Page 04 -1 has been revised. Replace the existing Page 04 -1 with the attached revised Page 04 -1. 2. All Bidders shall acknowledge receipt of Addendum No. 1 on Page 2 of 5 of the Proposal. HAYNIE & KALLMAN, INC. Michael D. Tiergakis Design Engineer CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING 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 TANK FOUNDATION REPORT 1 1 1 1 1 1 1 1 1 1 1 s1 1 1 1 1 NOTICE TO CONTRACTORS FROM THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS 1985 C.I.P. WATER PLANT EXPANSION 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 the bid times listed below for each project, and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of said improvements. Bids for each of the four (4) contracts will be submit- ted on the Proposal and Proposal Bidding Sheets furnished, in separate sealed envelopes, and the name of the project shall be marked in the upper left hand corner of the envelope. TRANSMISSION MAIN (Engineer's Estimate - $720,000) Bids to be opened at 2:00 p.m., Thursday, February 27, 1986. 2,000,000 GALLON CLEARWELL (Engineer's Estimate - $250,000) Bids to be opened at 2:15 p.m., Thursday, February 27, 1986. RAW WATER INTAKE SYSTEM (Engineer's Estimate - $550,000) Bids to be opened at 2:30 p.m., Thursday, February 27, 1986. BOOSTER PUMP STATION (Engineer's Estimate - $420,000) Bids to be opened at 2:45 p.m., Thursday, February 27, 1986. 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 sixty (60) days after the bid opening. Page 1 of 2 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. The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any infor- mality in bids received. Plans, specifications and bidding documents may be se- cured from the office of the Engineer, Haynie & Kallman, Inc., on deposit of fifty dollars ($50.00) per contract, 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 following the bid opening; 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, specification and bidding documents will be sent via bus or overnight delivery (i.e. Federal Express, Airborne, etc.) 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. The improvements shall be completed within the number of calendar days indicated on Page 2 of the Proposal in each contract, after Notice to Proceed from the Owner. Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 : 1 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 2,000,000 GALLON CLEARWELL, to be opened at 2:15 p.m., Thursday, February 27, 1986." 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. 1 of 3 RETURN OF PROPOSAL GUARANTEES Within twenty -five (25) days after an award of the Contract, the Owner will return the proposal guarantees accompanying 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. 2 of 3 - 1 1 1 1 1 1 1 1 1 1 1 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 made by a firm it shall be signed with the co- partnership name by a member of the firm, who shall sign his own name, and the name and address of each member shall be given; and if it is made by a corporation the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Low Bidder ", bound herein. BIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to be furnished and as to the requirements of the Contract, Specifications and Drawings. ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such infor- mation in writing to Engineer, prior to 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with and made a part of, the Contract Docu- ments. No other explanation or interpretation will be consi- dered official or binding. Should a bidder find discrepan- cies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to twenty -four (24) hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to in- clude any Addenda if such are issued by the Engineer prior to twenty -four (24) hours of the opening of bids. 1 3of3 1 propos PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF 1985 C.I.P. WATER PLANT EXPANSION 2,000,000 GALLON CLEARWELL 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 5 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 work in 180 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 1 2/20/86 Page 2 of 5 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by: ADVANCE TANK - TEXAS, INC. February 27, 1986 Name of Contractor Date Dennis L. Lagrimini Executed by (Signature) P. O. Box 7273 Business Address Beaumont Texas Jefferson City State County (Seal if Bid is by a Corporation.) ATTEST: Lois Russell - Page 3 of 5 Vice President Title or Position (409) 866 -7547 Telephone Number NOTE: The original hand - written Proposal is on file in the Engineer's office. 77706 Zip 1 PROPOSAL BIDDING SHEET ' CONTRACT: 1985 C.I.P. WATER PLANT EXPANSION JOB NAME: 2,000,000 GALLON CLEARWELL JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: CITY OF ROUND ROCK 1 Gentlemen: I 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 superintendence, labor, machinery, equipment, I tools, materials, insurance and miscellaneous items to complete all the work on which he bids as provided by the attached technical specifica- tions, and as shown on the plans for the construction of a 2,000,000 I Gallon Clearwell, 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: ' Bid Item Description Item Quantity Unit and Written Lump Sum Price Amount 1 1 1 L.S. 2,000,000 Gallon Clearwell: (approxi- mately 18 feet high) located at the I Round Rock Water Treatment Plant, including standard roof, tank appurte- nances, excavation, select fill, and all improvements in and around the 1 site as indicated on the Plans, not including concrete and reinforcing steel for the foundation, complete in 1 place, per lump sum One Hundred Ninety 1 for Thousand Dollars and no Cents $ 190,000.00 2 1 L.S. Reinforced Concrete Foundation: ' Designed by Contractor for Item 1 above, complete in place, per lump sum 1 Forty -One Thousand, for Five Hundred Dollars ' and no Cents $ 41,500.00 1 Page 4 of 5 1 1 ' Sid Item Description Item Quantity Unit and Written Lump Sum Price Amount I 3 1 L.S. Cleaning, Painting and Sterilization of 2,000,000 Gallon Clearwell, complete in place, per lump sum 1 Forty -Seven Thousand, for Five Hundred Dollars and no - Cents $ 47,500.00 1 TOTAL - 2,000,000 GALLON CLEARWELL $ 279,000.00 (Items 1 thru 3) 1 1 1 1 1 1 1 Page 5 of 5 Y4 x a' PhD' us KNUCKLE' • o • 3. ADVANM TANK - .TEAS Inc. J q g S, C . z. P. — mayr✓'R FL4 r m. G.. C'cAew E L L. ROOF CoLun+NS QooF STRucruRE • V "77/k BnrroM C L, W. T. S. O.) Z// 4. Cok.fE 00 g (L. w.'r. s. o.) ErJERAL_ NnrEs 1. T-lIS STRUCTURE TG BE DESINED, FA5RIC.i1TED,A1.lD ERELTE D I N 4.CLORI74 &CE WITH AW4JA D - /oo Co DE , I3PPEA Dix C c'Es/ A1. Z.,DVANC.E TANK -TEXAS RESERVES THE RIC IT TO HAKE MODIFICATIOIJS • IN THE DES14K1 OF THIS STRUCTURE PRCVIDEP THAT THE REVISED PESK II N ..COMPLIES WITH THE SPELIFICATIOMS. SOIL 15 'ASSUMED TO BE , PS F. SOIL 5EARINC1 PRESSURE /ANC' tt TEST CONCRETE. • IHMWUROMM RDUMUlk tUDIMU lliffinNUMGMFM MD. UNITED STATES FIDEL KNOW ALL MEN EY THESE PRESENTS: THAT MD BOND ny) BOND NUMBER Advance Tank GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto --- — Signed, sealed and delivered Eabruar4 1986 (Date) ARANTY COMPANY of_.2 - BOX 7273, .9.EUNI Walden_lid - Beaumont, TX. 77706 , as Principal , and UNITED STATES FIDELITY AND 5% of total amount of this bid as Obligee, in the full and just sum of ------- lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. the said Principal Is herewith submitting its proposal "Bid for 2,000,000 Gallon Clearwell" THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter Into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference In money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but In no event shall liability hereunder exceed the penal sum hereof. D.V. (SEAL) (SEAU Dennis L. LagrlmlrJl UNITED STATES FIDEL AND GUARANTY COMPANY ef2 Attomev-in.fact „ .pfki .0.•• ,,,) • „•:. • . .10 ni ''\‘...w;./1 i koi Contract 11 Otemed) (1-74) 1 1 1 1 1 1 1 1 1 1 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. tines hereby constitute and appoint C. Salen Berke, Philip R. Peterson, Mary Ann Downard, Virginia Voss and Daniel T. Touw ,Stat, of Indiana its true and lawful attorney 8 in and for the State of Indiana - ofthnCityof - Indianapolis CERTIFIED COPY GENERAL POWER OF ATTORNE No 9 for the following purposes. to wit: To sign its name as surety to, and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all arts and things not forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY 'AND GUARANTY COMPANY. through us, its Board of Directors, hereby ratifies and confirms all and almtsorseaatremstitt ' anyone'of the said C. Salen Herke and the said Philip R. Peterson and the said,Mary Ann Downard and the said Virginia Voss and the said Daniel T ;Touw may lawfully de in the premises by virtue of these present.. - I In Wi }ness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Viee•President and Assistant Secretary, this 15th day of March , A.D.19 85 ' with UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND. BALTIMORE CITY, Sct. (Signed) (Signed) By Robert E. DeNike Ray H. Britt Vice-President. - On this 15th day of March , A. D. 19 , before me personally came Robert E. DeNike Vice•President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and R ay H. Britt • , Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said that they. the said Robert E. DeNike and Ray H. Britt were respectively the Vice - President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice- President and Assistant Secretary. respectively, of the Company. My commission expires the first day in July, A. D. 19 (SEAL) (Signed) Margaret M. Hurst Assistant Secretary. Notary Public. STATE OF MARYLAND BALTIMORE CITY, I, Saundra E. Banks , Clerk of the Circuit Court for Baltimore City, which Court is a : Court of Record, and has a seal, do hereby certify that Margaret M. Hurst . Esquire. before whom the annexed affidavits were made, and who has thereto subscribed his name. was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said - ' Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof. 1 hereto set my hand and affix the seal of the Circuit Court for Baltimor City, the same being a Court v of Record, this 15t day of - March ,A. D.19 - ' (SEAL ) (Signed) Saundra E. Banks-' ' Clerk o/ the Circuit Court /or Baltimore City. . FS 3 (1.331 That Whereas, it ie necessary for the effectual transaction of business that this Company appoint agents and attorneys with power / "and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces 'and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys.in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts '- guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law - allowed, and Also, in its name and as its attorney or attorneys- in•fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body. organization. office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed. made, taken. given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation. body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. James M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to C. Salen Berke, Philip R. Peterson, Mary Ann Downard, Virginia Voss and Daniel T. Touw o f Indianapolis , Indiana , authorizing and empowering them to sign bonds u therein set forth, which power of attorney has never been revoked and is still in full force and erect. And I do further certify that 'aid Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on February 27, 1986. (Date) ' COPY OF RESOLUTION Assistant Secretary. AGREEMENT THE STATE OF TEXAS 1 COUNTY OF WILLIAMSON j L` THIS AGREEMENT, made and entered into this ,j/ sr day of /71R 2Cil , A.D. , 19 ,(p , by and between the CITY OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter termed the OWNER, and ADVANCE TANK - TEXAS, INC., of the City of Beaumont, County of Jefferson, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for an in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: 1985 C.I.P. WATER PLANT EXPANSION - 2,000,000 GALLON CLEARWELL further described as the work covered by this specification consists of furnishing all labor, equipment, appliances, and materials, and performing all operations in connection with the excavation, installation of pipe lines and appurtenances, backfilling and compaction of trenches complete in accordance with the Plans, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessor- ies and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and 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 propo- sal, the General Conditions of the Agreement, and the Per- formance and Payment hereof and collectively evidence and constitute the entire contract. Page 1 of 2 The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same within 180 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: Mike Robinson, Mayor ATTEST: ATTEST: 4111 /I 14 i* . ALL/ oho ,P ( i e following to be executed if the Contractor is a Corpora - ti.n.) 1, k. 13A/AU am the Secretary of the Corporation named as Contractor here- in; that bk=/v,vis L. l- A¢Rinli.v% , who signed this Contract on behalf of the Contractor was then VL PR esro e,) T (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. Corporate Seal Signed: q t. Page 2 of 2 ADVANCE TANK - TEXAS, INC. Party of the Second Part (CONTRACTOR) BY t1)%:A.,,4)01 , certify that I 1 1 1 1 1 1 1 1 1 1 1 ;1 1 1 1 1 1 1 1 THE STATE OF TEXAS F COUNTY OF KNOW ALL MEN BY THESE PRESENTS, THAT 1 i..¢4...61/ County of as principal, and PB -1 of PERFORMANCE BOND N1 of the City of , and State of 4 Al authorized under the laws o /the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), in the penal sum ars ($ 7 0,00) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal shall faithfully perform said Con- tract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 :1 1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 4pp - 4/VcE r4LIII( - 7 - Ms 27A4 Principal By De-nhvis L. /.l -Rim' Title PRe-sinv &r Address P.d, r3 7a7� Title A77 oR —uey' -TX/- r Addres ( 726 %u c2 13 moN .7 777 D Ctade- d--1-40 40:/ • 54% 0 name and address of the Resident Agent of Surety is: PB -2 1 FS 8119-841 KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does hereby constitute and appoint M. L. Daniel and D. J. Strain of the City of Indianapolis , State of Indiana its true and lawful Attorneysin -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said Attomey -in -fact, pursuant to these premises. This appointment is made under and by authority of a by -law of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant Secretary, this 5th day of March , 19 85 . FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.•`t •f ",lrt (SEAL) (SEAL) CERTIFIED COPY GENERAL POWER OF ATTORNEY NO. FG 37 (Signed) By J. M. Raley, Jr. (Signed) STATE OF MARYLAND ) BALTIMORE CITY ) ss: On this 5th day of March , 19 85 , before me personally came J. M. Raley, Jr. , Vice President of FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. and J. J. Casserly , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally swom, said that they, the said J. M. Raley, Jr. , and J. J. Casserly were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so affixed by authority of the by -laws of said corporation; and that they signed their names hereto by like authority as Vice President and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 19 86. (Signed) J. J. Casserly Margaret M. Hurst Vin.Prendenr Asrrstant Secretary. NOTARY PUBLIC Copy of By -Law "Article VI, Section 7 - Execution of Instruments. The Chairman of the Board, the President, any Executive Vice President, any Vice President, including the Financial Vice President, or any Assistant Vice President, in conjunction with the Secretary or an Assistant Secretary, shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts. obligations, in- struments and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees, undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re- leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I, Michael P. Hammond , an Assistant Secretary of FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to M. L. Daniel and D. J. Strain of Indianapolis, Indiana authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a by -law of said Company, and that the foregoing is a true and correct copy of said by -law. In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSURANCE UN- DERWRITERS, INC. this day of , 19 t . Assistant S cretary. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PAYMENT BOND /L.- Qi, - THE STATE OF TEXAS COUNTY OF I KN.W ALL MEN BY THESE PRESENTS, THAT , of the City of ies,Z , and State of J , County of authorized under the laws of the State •f T xas to act as ' as principal, and surety on bonds for principals, are held and firmly bound unto the CITY sF ROUND ROCK, TEXAS (OWNER), in the penal sum of Dollars ($c477942/.00.00) for the paym nt whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Contract with the Owner, dated the day of 19 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecu- tion of the work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PB -3 Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be _ determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 r7YR NV 0 7 4.0 /e T , - 's ,2 Principal p eNN is 4_. 1- 19-61 ; Title Jicr PRSsi,>rror Address Q,a, , 0 D.-, 13EHu r 0 __� / 9b :•�' _ AO' e Title MOTOR e -1-4- ' , .fie! /vl �r 4/9 41;e / name and address of the Resident Agent of Surety is: •/ lGGdd76 PB -4 1 FS NI (944) KNOW ALL MEN BY THESE PRESENTS: CERTIFIED COPY GENERAL POWER OF ATTORNEY NO. FG 37 That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does hereby constitute and appoint M. L. Daniel and D. J. Strain of the City of Indianapolis , State of Indiana its true and lawful Attomeysln -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said Attorney -in -fact, pursuant to these premises. This appointment is made under and by authority of a by -law of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC Iias caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant Secretary, this 5th day of March , 19 85 . t ' • FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. • (SEAL) (SEAL) (Signed) By (Signed) My Commission expires the first day of July, 19 86. (Signed) J. M. Raley, Jr. J. J. Casserly Margaret M. Hurst NOTARY PUBLIC VimPres,dent. Assistant Secretary. STATE OF MARYLAND ) BALTIMORE CITY ) ss: On this 5th day of March , 19 85 , before me personally came J. M. Raley, Jr. , Vice President of FIDELITY GUARANTY INSURANCE UNDERWRITERS, INC. and J. J. Casserly , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that they, the said J. M. Raley, Jr. , and J. J. Casserly were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so affixed by authority of the by -laws of said corporation; and that they signed their names hereto by like authority as Vice President and Assistant Secretary, respectively, of the Corporation. Copy of By-Law "Article VI, Section 7 - Execution of Instruments. The Chairman of the Board, the President, any Executive Vice President, any Vice President, including the Financial Vice President, or any Assistant Vice President, in conjunction with the Secretary or an Assistant Secretary, shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts, obligations, in- struments and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees, undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re- leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I, Michael P. Hammond , an Assistant Secretary of FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to M. L. Daniel and D. J. Strain of Indianapolis, Indiana , authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a by -law of said Company, and that the foregoing is a true and correct copy of said by -law. In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSURANCE UN- DERWRITERS, INC. this day of , 19 ssistar,t S cretary. MAINTENANCE BOND a3 /— O /aZO ���SO- THE STATE OF TEXAS I COUNTY OF KNOW ALL MEN BY THESE PRESENTS, THAT WE organiz d under the laws of the State of SURETY, are held and firmly bound unto /6 jS( , as OBLIGEE, the penal sum of Dollar ($cK79 GG.1e.00), 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 G�QO 124O 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 as PRINCIPAL and , a Corporation , as 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 i711 TAnue - - AS, Principal BY c i- A-6- Title Yjc� PRr-s; Address P, b, /3nv 7a� 6CA6'M?.J7 7X "J70F, MB -2 ret Th name and ad;ress of the Resident Agent of Surety is: r Q —r,,(. Title A7 4 - N- ��c Address 4 (21% i t:9 ,!,XJd 1 FS 81 (9 -S4) KNOW ALL MEN BY THESE PRESENTS• (SEAL) STATE OF MARYLAND ) BALTIMORE CITY ) ss: (SEAL) CERTIFIED COPY GENERAL POWER OF ATTORNEY NO. FG 37 That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does hereby constitute and appoint M. L. Daniel and D. J. Strain of the City of Indianapolis , State of Indiana its true and lawful Attorneysin -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. hereby ratifies and confirms all of the acts of said Attorney -in -fact, pursuant to these premises. This appointment is made under and by authority of a by -law of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney. IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant ' Secretary, this 5th day of March , 19 85 . FIDELITY AND GUARANTY1NSURANCE UNDERWRITERS, INC. ° ' (Signed) By J. M. Raley, Jr. (Signed) On this 5th day of March , 19 85 , before me personally came J. M. Raley, Jr. , Vice President of FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. and J. J. Casserly , Assistant Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that they, the said J. M. Raley, Jr. , and J. J. Casserly were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so affixed by authority of the by -laws of said corporation; and that they signed their names hereto by like authority as Vice President and Assistant Secretary, respectively, of the Corporation. My Commission expires the first day of July, 19 86. (Signed) J. J. Casserly Margaret M. Hurst Vice•Presidenr. Asthma, Secretary. NOTARY PUBLIC Copy of By -Law "Article VI, Section 7 - Execution of' Instruments. The Chairman of the Board, the President, any Executive Vice President, any Vice President, including the Financial Vice President, or any Assistant Vice President, in conjunction with the Secretary or an Assistant Secretary, shall have power on behalf of the Company: (a) to execute, acknowledge, verify and deliver all contracts, obligations, in- struments and documents whatsoever in connection with its business, including, without limiting the foregoing, any and all bonds, guarantees, undertakings, recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re- leases, satisfactions and agency agreements; (b) to appoint one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Company." I, Michael P. Hammond , an Assistant Secretary of FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to M. L. Daniel and D. J. Strain of Indianapolis, Indiana , authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And 1 do further certify that said Power of Attorney was given in pursuance of a by -law of said Company, and that the foregoing is a true and correct copy of said by -law. In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSURANCE UN- DERWRITERS, INC. this day of , 19 ssistant Sdcretary. • 1 1 B. A. TO: City of Round Rock 214 E. Main Street Round Rock, Texas 78664 THIS IS TO CERTIFY THAT Advance Tank - Texas, Inc. is, at the date of this certificate, insured by this company with respect to the business opera- tions hereinafter described, for the types of insurance and in accordance where- the provisions of the standard policies used by this company, and inafter described. Exceptions to standard policies are noted on the reverse side hereof. • II NO. 5W246389 GL1697915 GL1703275 BA4026432 DATE 7/1/85 7/1/85 4/8/86 7/1/85 DATE 7/1/86 7/1/86 4/8/87 7/1/86 INSURANCE Workmen's Compensation Comprehensive General Liability Includes Contractual x Liability Covers Independent x Contractors Owner's Protective Comprehensive Automobile Liability Owned X Vehicles Hired x Vehicles ` Non -owned ▪ Vehicles - Includes Contractual X Liability CERTIFICATE OF INSURANCE Page 1 of 2 Date: April 8, 1986 Description of Work: 2,000,000 gallon clearwell LIMITS OF LIABILITY Statutory, State of Texas, $ 100,000. Employer's Liability Bodily Injury S each person �-- each accident $500,000 each occurrence $500,000 aggregate Bodily Injury &,Property Damage Rperty'Damage S each accident S _ aggregate Bodily Injury j loo,aoo_ each person $ 3oa,o0o each accident Property Damage $ 25,000- each accident sa,o0o aggregate Bodily Injury each person �"'-- each accident Property Damage each accident $500,000 each occurrence Bodily Injury & Property Damage Combined. 11 1 1 I 1 1I 1 1 1 ' 1 1 1 1 11 1 1 11 11 11 11 11 11 1 ' 11 The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten days after the insured has received written notice of such change or cancel- lation. This Certificate of Insurance neither affirmatively ornega ec ivl e n s, ex- tends, or alters the coverage afforded by po y po le certificate. A. Home Insurance Co. B. Houston General Insurance Co. (Name of Insurer) HERKE INSURANCE CENTER, INC. By: . C. Salen Herke Title: Secy- Treasurer Address 727 E. 86th St. Indianapolis, IN 46240 Page 2 of 2 INFORMATION REQUIRED OF LOW BIDDER The low bidder is required to supply the following informa- tion. Additional sheets may be attached if necessary. (1) Name (2) Address (3) Phone Number (4) Type of firm: ( ) Individual, ( ) Partnership, ( ) Corporation (5) Corporation organized under the laws of the State of (6) List the names and address of all members of the firm or names and titles of all officers of the corporation: (7) Number of years experience (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in ex- cess of one -half (1/2) of one percent (1%) of the total bid price and indicate what part of the work will be done by each such subcontractor: Name Address Work to be Performed Page 1 of 2 (10) Payment of taxes, in the State of Yes No (11) If requested by the Owner, the Low Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently compre- hensive to permit an appraisal of his current financial conditions Page 2 of 2 General and 5 pCGaI co ocii vi on s GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1. DEFINITIONS 1 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 4 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 5 2.08 Royalties and Patents 5 2.09 Keeping of Plans and Specifications Accessible 5 2.10 Discrepancies and Omissions 5 2.11 Contractor's Understanding 5 2.12 Extra Work 6 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 8 2.16 Owner's Status 8 2.17. Completed Portions of Work 8 2.18 Materials 8 2.19 Receiving and Storage of Materials 8 2.20 "Or Equal" Clause 8 2.21 Completed Work 9 2.22 Materials Furnished by the Owner 9 2.23 Protection of Property 9 2.24 Shelters for Workmen and Materials 9 2.25 Sanitary Facilities 10 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES . . .- 10 3.01 Labor, Equipment, Materials and Construction Plant 10 3.02 Performance and Payment Bonds 10 3.03 Contractor's Ability to Perform 11 3.04 Superintendence and Inspection 11 3.05 Character of Employees 11 3.06 Contractor's Duty to Protect Persons and Property 11 3.07 Safety Codes 12 3.08 Barricades 12 3.09 Minimum Wages 12 3.10 Unsuitable Work or Materials 12 3.11 No Waiver of Contractor's Obligation . . 13 3.12 Site Clean Up 13 3.13 Guarantee 14 (CONTENTS CONTINUED) Page 4. OWNER'S OBLIGATIONS AND REPONSIBILITIES 14 4.01 Lines and Grades 14 4.02' Right of Entry 14 4.03 Owner's Inspectors 14 4.04 Collateral Work 15 4.05 Right -of -Way 15 4.06 Adequacy of Design 15 5. SCHEDULING AND PROGRESS OF WORK 15 ' 5.01 Order and Prosecution of the Work 15 5.02 Rate of Progress 16 5.03 Sunday, Holiday, and Night Work 16 5.04 Hindrances and Delays . 16 5.05 Extensions of Time 17 5.06 Liquidated Damages for Failure to Complete on' Time 17 6. INDEMNITY 18 6.01 Contractor's Indemnity Provision 18 6.02 Workmen's Compensation Insurance 18 6.03 Comprehensive General Liability Insurance . 18 6.04 Owner's Protective Insurance 19 6.05 Comprehensive Automobile Liability Insurance 19 6.06 Insurance Certificate 19 7. TERMINATION OF CONTRACT 20 7.01 Right of Owner to Terminate 20 7.02 Right of_ Contractor to Terminate 20 7.03 Removal of Equipment 20 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 20 8.01 Notification of Contractor 20 8.02 Retention of Contractor's Equipment and Materials by Owner 21 8.03 Methods of Completing the Work 21 8.04 Final Acceptance 22 8.05 Disposition of Contractor's Equipment . . 22 9. MEASUREMENT AND PAYMENT 23 9.01 Character of Measurements 23 9.02 Estimated vs. Actual Quantities 23 9.03 Payment 24 9.04 Monthly Estimates and Payments 24 9.05 Certificates of Completion 24 9.06 Final Estimate and Payment 25 9.07 Notarized Affidavit 25 9.08 Release of Liability 25 9.09 Contractor's Obligation 26 9.10 Payments Withheld 26 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 ":sha)l,mean the business or- : ganization or individual•narned 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 & Rallman, 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, . n� 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 on y to a business organization or. individual having a direct contract with the Contractor (a) perfor.ming a portion of the 'Contract work, or (b) .furnishing - material worked • to- a•special design according to the Contract plans "or specifications; it does not, how- ever, include one who merely furnishes material not so worked. - 1.10 Substantially Completed. The term "substantially com- pleted" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be fur- nished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the prin- cipal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. GC -2 1.13 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 to receive any 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 Ri•ht of Engineer to Modif Methods and E•ui•ment. 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 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 .Keeking 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 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 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 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 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 property damage, and other insur- ance required by the Contract where the premiums i• therefor. based' on •payroll and material .costs. The Eng :may•di.rect• the.form in which a ccounts of the ' "actual field costs" -shall be kept and may.aiso sp ci- • fy In writ ing- 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .'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. 1 GC -9 1 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 Bonds. It is further agreed • by the Parties to this Contract that the Contractor wi.l•1-execute separate performance and payment birds, each in 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.g.uaranteeing 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- p oy 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 employed on the work shall be paid not less than the established pre- vailing wage scale for work of a similar character in this locality. The Contractor shall pay not less than the general prevailing wages as established by the U.S. Department of Labor 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 substantial- ly completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the ele- ments or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engi- neer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to in- crease or improve his facilities or methods,.and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Con- tractor from his obligation to secure the degree of safety, the quality of work, and .the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday, and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. 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 he 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 -1B 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 i 1 1 1 1 1 1 1 1 1 1 1 1 1 ;1 1 1 1 :1 of the policies are changed or in the event said poli- cies shall be cancelled. This Certificate of Insur ance shall be provided to the Owner prior to starting any construction work in connection with this Con- tract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resourc- es or remedy give the Contractor written notice of termination of the employment of the Contractor 10 days subsequent to such notice. Immediately following such date the Owner may take possession of the site of the work and all material, equipment, tools, and ap- pliances thereon and may finish the work in accordance with the provisions of Section 8 "Abandonment of Con- tract by Contractor ", of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substan- tially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon 10 days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within 10 days after receipt of the notice. Should he fail to do so within 10 days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to refuse to resume work within 10 GC -20 days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as hav- ing abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the per- formance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connec- tion with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settle- ment. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for com- pletion hereinbefore provided within 10 days after service of such notice, then the Owner may provide for completion of'the work in either of the following elective manners: a. The Owner may thereupon employ such force of work- ers and use such machinery, equipment, tools, mat- erials, and supplies as said Owner may deem neces- sary to complete the work and charge the expense of such labor, machinery, equipment, tools, mater- ials, and supplies to said Contractor, and the ex- pense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the contrac- tor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Con- tractor shall receive the difference. in case such expense is greater than the sum which would have been payable under this Contract if the same GC -21 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 1 1 1 r1 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 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 the work above or below 25 percent of the estimated quantity prior to initiating work or furnishing mater- ials for the overrun or underrun quantities. Such re- vised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all mater- ial embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirements of the Engineer. 9.04 Monthly Estimates and Payments. On or about the fifth day of each month the Engineer will make an approxi- mate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been - approved by the Owner, the Owner shall pay to the Con- tractor 90 percent of the amount of such estimated sum on or before the 15th day of said month. It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommen- dation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accor- dance with the plans, specifications and Contract. If GC -29 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 9.09 Contractor's Obligation. Neither the Contract Comple- tion Certificate nor the final payment nor any provi- sion in the Contract Documents shall relieve the Con- tractor of the obligation for fulfillment of any war- ranty which may be required in the Contract Docu- ments. 9.10 Payments Withheld. The Owner may, on account of sub- sequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments proper- ly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. GC -2 6 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 & Kallman, Inc., 1106 S. Mays, Round Rock, Texas 78664. Engineer of the Owner, or the Engineer's authorized representative, supervisor 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) counterparts (original signed) sets. Owner will furnish Contractor three (3) sets of conforming Contract Docu- ments, Technical Specifications and Plans free of charge, and additional sets will be obtained from Engineer at com- mercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolu- tions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR DELAY The Contractor shall pay to the Owner for each and every calendar day, including Sundays and legal holidays, that he shall be in default by not completing the whole work to be done under this Contract, after giving effect to exten- sions of contract time which are authorized hereunder, the sum of $200.00 per calendar day, which sum is by the exe- cution of this Agreement mutually fixed, determined and agreed upon as liquidated damages, which the Owner will suffer by reason of such default and not as a penalty. The Owner shall have the right to deduct the amount of such damages from any monies due or to become due the Con- tractor under this Contract, and in the event such damages exceed the sum due or to become due the Contractor here- under, the latter shall be liable to the Owner for such difference. SC -1 I 1� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Agreement, or the date of the Notice to Proceed, whichever is latest. 01 -06 OWNER The Owner shall be the party of parties named in the Notice to Contractors. 01 -07 LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on the Plans. 01 -08 REVISION OF GENERAL CONDITIONS Replace Section 2.20 of the General Conditions of Agree- ment with the following: SC -2 "Approved Equal" 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 particu- lar manufacturer or vendor and is followed by the term "approved equal" or "equal" the Contractor may submit a written request to 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 "approved equal" 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 Contract Documents. "Approved equal" shall mean that the Contrac- tor is responsible for submitting the required information to the Engineer at least seven (7) days prior to bid date. The information supplied shall be of sufficient quantity and detail to prove that the equipment is equal to the equipment listed in the major equipment list. SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contrac- tor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Cer- tain utility companies perform such services at their own expense; however, where such is not the case, the Contrac- tor will cause such work to be done at his own expense. 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 acceptance and payment, the Contractor shall deliver this correctly marked set of drawings to the Engineer. 02 -03 LANDS FOR WORK The Owner has acquired easements, permits and the site upon which work is to be done. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his con- struction operations, temporary construction facilities, or for storage of materials. 02 -04 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services during construction. No additional pay- ment will be made for this item. 02 -05 GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a 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 Document relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost therefor from Contractor. 02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, pre- sent obstructions to grade and alignment of pipe, imme- diately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or SC -3 grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other ob- structions, 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. SECTION 03 - INSURANCE 03 -01 Insurance policies must be obtained by the Contractor or separate endorsements obtained to his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public properties, etc. The principle types of insurance which will be necessary are: Public Liability and Property Damage to protect the Con- tractor, any of his Subcontractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount for liability is $100,000/$300,000. The amount of property damage will depend upon the magnitude and nature of the project. - Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amounts for liability. Worker's Compensation and Employer's Liability Insurance. Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. SECTION 04 - PREVAILING WAGE SCALE - NOTICE 1. This determination of prevailing wages shall not be construed to prohibit the payment of more than the rates named. Under no condition shall any laborer, workman or mechanic employed on this job be paid less than the minimum wage scale. 2. In execution of this contract, the Contractor must comply with all applicable state and federal laws, in- cluding but not limited to laws concerned with labor, equal employment opportunity, safety, and minimum wage. - SC -4 - 05 -01 BID 3. Pursuant to the provisions of Section 2 of Article 5159a, Vernon's Civil Statutes, "The Contractor shall forfeit as a penalty to the state, county, city and county, city, town, district or other political subdi- vision of whose behalf the contract is made or awarded ten dollars ($10.00) for each laborer, workman or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under the said contract, by him, or by any sub tractor under him, and the said public body awarding the contract, shall cause to be inserted in the con- tract a stipulation to this effect ". SECTION 05 - MEASUREMENT AND PAYMENT A. The Bid lists each item of work for which payment will be made. No payment will be made for any items other than those listed in the Bid. B. Required items of work and incidentals for the satis- factory completion of the work which are not speci- fically listed in the Bid, and which are not specified in this Section to be measured or to be included in one of the items listed in the Bid, shall be consider- ed as incidental to the work. All costs thereof, in- cluding Contractor's overhead costs and profit, shall be considered as included in the lump sum prices bid for the various Bid items. The Contractor shall pre- pare his Bid accordingly. C. Work includes furnishing all plant, labor, equipment, tools and materials and performing all operation re- quired to complete the work satisfactorily, in place, as specified and as indicated on the Drawings. 05 -02 MEASUREMENT AND PAYMENT A. Measurement of an item of work will be by the unit indicated in the Bid Schedule. B. Measurement will include all necessary and incidental related work not specified to be included in any other item of work listed in the Bid Schedule. C. Unless otherwise stated in individual Sections of the Specifications or in the Bid Schedule, no separate payment will be made for any item of work, materials, SC -5 parts, equipment, supplies or related items required to perform and complete the work. The costs for all such items required shall be included in the Contract price bid for item of which it is a part. D. Payment will be made at the Contract lump sum prices and by the unit indicated in the Bid with total price of the Contract being equal to the Total Bid as modi- fied by deletions or additions to the work made in accordance with the General Conditions. Such price and payment shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment, tools and materials, and for performing all operations required to furnish to the Owner the entire project, complete in place, as specified and as indicated on the Drawings. SECTION 06 - SCHEDULE OF VALUES 06 -01 CONTRACTOR COST BREAKDOWN A. Immediately after being awarded the contract for the work, the Contractor shall furnish the Engineer with a breakdown of its lump sum bid items suitable for use in the preparation of progress estimates for the job. Such breakdown shall tabulate quantities and the unit prices to be applied for the various features of the work and shall be in sufficient detail as to permit its use in preparation of progress estimates. The cost breakdown shall not be unbalanced. B. Progress payments for materials on hand and equipment delivered for installation as a part of the work will be based on invoices. C. The Engineer will not approve a progress estimate for payment until a satisfactory cost breakdown for the project has been submitted by the Contractor. SECTION 07 - TESTING 07 -01 DESCRIPTION A. Work included: During progress of the work, the Owner will require that testing be performed to determine that materials provided for the work meet the speci- fied requirements. B. Related work described elsewhere: Requirements for testing are described in various Sections of these Specifications and as follows. SC -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 1 1 07 -02 MATERIAL TESTING A. Testing and control of materials to be used in the work shall be done by a commercial laboratory employed and paid by the Owner unless otherwise specified. Retesting as a result of failure to meet Contract requirements shall be by a laboratory selected by the Owner at the Contractor's expense. B. The Contractor shall furnish all materials to be used for test purposes entirely at his expense. C. Test reports shall be furnished to the Engineer for his approval prior to use of any material in the work. B. Specific testing and control requirements for each individual material are specified in detail within the appropriate Section of these Specifications. E. Representatives of the testing laboratory shall have access to the work at all times. Provide facilities for access in order that laboratory may perform its functions properly. F. Testing Schedule. 1. Consult testing laboratory in advance to determine time required to perform tests and issue each of the findings. Include required time within con- struction schedule. 2. When changes of the construction schedule are necessary, coordinate such changes with the test- ing laboratory as required. 3. Testing laboratory must be given ample notice of when their service will be needed. G. All samples for testing, unless otherwise provided elsewhere in these Specifications, shall be taken by the testing laboratory or the Engineer. All sampling equipment and personnel shall be provided by the testing laboratory unless otherwise specified. All deliveries of samples to the testing laboratory shall be performed by the testing laboratory unless otherwise specified. SC -7 - Te c hnical SpeC...(ciccri-iOns 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 02 - CONCRETE TECHNICAL SPECIFICATIONS INDEX SECTION 01 - GROUND STORAGE TANK SITE, EARTHWORK, Page AND STRUCTURAL FILL 01 -01 Description 1 01 -02 Clearing 1 01 -03 Excavation 1 01 -04 Materials 1 01 -05 Filling 2 01 -06 Drainage 2 01 -07 Measurement and Payment 2 02 -01 General 1 02 -02 Scope 1 02 -03 Portland Cement 1 02 -04 Aggregates 2 02 -05 Water 2 02 -06 Admixtures 3 02 -07 Proportioning 3 02 -08 Mixing 4 02 -09 Concrete Consistency 5 02 -10 Transit Mixers 6 02 -11 Hand Mixing 7 02 -12 Transporting Batched Materials and Mixed Concrete 8 02 -13 Steel Reinforcement for Concrete . . 8 02 -14 Expansion Joint Filler and Joint Sealants 9 02 -15 Concrete Construction 12 02 -16 Finishing Types 21 02 -17 Openings for Installation Of, and Preparation For, Other Work 23 02 -18 Defective Work 24 02 -19 Tests 24 02 -20 Cleaning 26 02 -21 Measurement and Payment 26 SECTION 03 - WATER PIPELINES, FITTINGS, VALVES AND APPURTENANCES 03 -01 Description 1 03 -02 Materials - Pipe 1 03 -03 Materials - Valves and Fire Hydrants 2 03 -04 Granular Material for Pipe Bedding and Pipe Zone Backfill 2 03 -05 Measurement and Payment 3 i SECTION 04 - WELDED STEEL GROUND STORAGE TANK Page 04 -01 Description 1 04 -02 Foundation 1 04 -03 Drawings 1 04 -04 Accessories 1 04 -05 Design and Materials 1 04 -06 Capacity 2 04 -07 Welding 2 04 -08 Inspection and Testing 2 04 -09 Measurement and Payment 2 SECTION 05 - TANK PAINTING 05 -01 General Description 1 05 -02 Painting 1 05 -03 Application 2 05 -04 Inspection 2 05 -05 Sterilization 3 05 -06 Safety Precautions 4 05 -07 Measurement and Payment 4 ii SECTION 01 - GROUND STORAGE TANK SITE, EARTHWORK, AND STRUCTURAL FILL 01 -01 DESCRIPTION This work consists of furnishing all labor, equip- ment, materials, and of performing all operations in connection with the clearing, excavation, and grading of the site, for which the limits are shown on the Plans. 01 -02 CLEARING The site indicated on the drawings shall be cleared of obstructions within the proposed area which will interfere with the construction operations, except do not damage or remove trees larger than 3" trunk diameter at base that are 5 feet or greater away from the proposed tank foundation. Branches and limbs of such trees within 5' of the tank founda- tion may be trimmed up as determined by the Owner or his representative to allow for the installation of the proposed facilities. 01 -03 EXCAVATION Site work for the 2,000,000 gallon clearwell locat- ed at the Round Rock Water Treatment Plant site shall be limited to the existing fenced site and those areas disturbed by construction. The excavation shall conform to the dimensions and elevations indicated on the drawings for the tank. Materials required for fills in excess of that pro- duced by normal grading operations shall be fur- nished by the Contractor. 01 -04 MATERIALS (a) Topsoil - Provided by the Tank Contractor. (b) Excess Material - The removal of excess mater- ial from excavation, not required or unsuit- able for backfill, shall be the responsibility of the Tank Contractor. (c) Borrow Material - Borrow material shall be selected to meet the requirements and condi- tions for the particular fill or backfill for which it is to be used. The acquisition and purchase of required borrow material shall be the responsibility of the Contractor. 01 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 -05 - FILLING Where concrete slabs are placed on earth, all loam and organic or other undesirable material shall be removed. Where broken stone, sand or gravel is used for fill, it shall be placed in layers not exceeding 8" in thickness and thoroughly compacted with hand or machine tampers or other approved methods. Where earth is used for fill, it shall be placed in layers not exceeding 6" in depth. Each layer shall be uniformly spread, moistened as required, and then compacted. Compaction shall be done by a power roller or other manner approved by the Engineer. The subgrade shall be brought to a reasonable true and even plane. 01 - 06 DRAINAGE Earthwork shall be accomplished in such a manner that the area within the existing fenced area will be continually and effectively drained. Grading shall be done to direct drainage away from slabs, foundations, roads and structures. Low areas shall be filled to prevent ponding of water. 01 -07 MEASUREMENT AND PAYMENT Measurement and payment for all site work shall be included in the lump sum price bid on the contract for the item of work of which this is a component part. 01 -2 SECTION 02 - CONCRETE 02 -01 GENERAL Concrete consisting of portland cement, concrete aggregate, sand and water will be designated by a symbol consisting of a number, a letter and a num- ber. The first number will be the number of sacks of cement per cubic yard, and the last number the compressive strength at 28 days expressed in pounds per square inch. A sack of cement shall be defined as 94 pounds. The concrete shall be 6.0 -4000 un- less otherwise specified. Compressive strength tests where specified herein, shall be performed in accordance with ASTM C -39. The Contractor shall be responsible for providing the mix design to the Engineer for approval. 02 -02 SCOPE This section of the specifications shall include all labor and materials to construct all concrete work as shown on drawings, herein specified, or both including the following: All footings, slabs, floors, walls, beams, sup- ports, walks, pedestals, curbs, vaults and other concrete items, complete with metal reinforcement. All concrete finishes and textures. All formwork, formwork supports, formwork coatings and soaking, screens and levels required, and form- work removal. Installing all inserts, grounds, dowels, blocks, sleeves and anchors, and safety threads as shown and /or specified in this or other sections. Slab waterproofing. 02 -03 PORTLAND CEMENT All cement to be used or furnished shall be Type I, portland cement, conforming to ASTM C -150 unless otherwise specified. The Contractor shall furnish a certificate of compliance signed by the manufac- turer identifying the cement and stating that the cement delivered conforms to ASTM C -150. 02 -1 1 1 1 1 1 1 1 1 1 1 1 1 � 1 1 1 1 02 -05 WATER Whenever suitable facilities, approved by the Engi- neer, are available for handling and weighing bulk cement, such facilities shall be used. Otherwise, the cement shall be delivered in original unopened sacks that have been filled by the manufacturer. They shall be plainly marked with the manufactur- er's name or brand and cement type. Each sack shall contain 94 pounds of cement. Cement shall be stored in such a manner as to per- mit ready access for the purpose of inspection and sampling, and suitably protected against contamina- tion or moisture. Should any cement show evidence of contamination, or be otherwise unsuitable, it shall not be used. All portland cement used in concrete for any indi- vidual structure shall be of the same brand and type unless otherwise approved by the Engineer. 02 - AGGREGATES Aggregates shall be sand and concrete aggregates conforming to the requirements prescribed in ASTM C -33 coarse aggregate gradation size number 467, and shall be approved by the Engineer prior to use. They shall meet the grading requirements of this subsection. Methods of handling materials resulting in segrega- tion, degradation or the combining of materials which result in any stockpile failing to meet specifications, shall not be permitted. Aggregates which are found to have a silica- releas- ed to alkali- reduced ratio greater than one, when tested in accordance with ASTM C289, may be used only when approved by the Engineer and provided low alkali cement is used. Water used for concrete shall be clear and free from oil, vegetable matter and other deleterious substances. Water shall not contain an amount of impurities that will cause a change in the time of setting of portland cement of more than 25 percent nor a reduction in the compressive strength of mor- tar at fourteen days of more than 5 percent compar- ed to results obtained with distilled water. 02 -2 In conventionally reinforced concrete work, water shall not contain more than 1,000 ppm of chlorides calculated as Cl, nor more than 1,000 ppm of sul- fates calculated as SO4. In non - reinforced concrete work, water shall not contain more than 2,000 ppm of chlorides calculated as Cl, no more than 1,500 ppm of sulfates calculat- ed as SO4. 02 -06 ADMIXTURES No admixtures of any type shall be used unless authorized by the Engineer. When an admixture is permitted or specified, it shall be measured accu- rately into each batch or load in liquid form by a mechanical dispensing device and method approved by the Engineer. 02 -07 PROPORTIONING Aggregates and cement shall be proportioned by weight. Proportioning shall consist of combining the aggre- gates, each stored in a separate bin in the various gradations prescribed, with cement and water. Weigh hoppers shall be charged from bins located directly over them or from conveyor belts. When conveyor belts are used, there shall be a separate belt for each size aggregate. There shall be an 'approved moisture meter installed to indicate the moisture in the sand. Bulk cement shall be weighed in an individual hop- per and shall be kept separate from the aggregates until the batch ingredients are discharged into the mixer drum. The cement hopper shall be attached to a separate scale for individual weighing. The amount of water to be added to the mixture shall be measured and discharged rapidly into the mixing drum through a valve with a positive cut- off. When water is measured by weight it shall be weighed on a separate scale. All weighing or metering devices, except moisture meters, used for proportioning materials shall be accurate to within one percent. They shall be sealed and certified by the recognized, legal Seal- er of Weights and Measures. These certifications 02 -3 shall be dated within the past 12 months and shall be renewed whenever required by the Engineer. The moisture meter shall be accurate to within 1/2 of one percent moisture. Whenever portable bunkers are set up at a new location, the scale assemblies shall be inspected and certified regardless of the date the scales were last tested. Scales utilized in proportioning shall be either springless dial or multiple beam type. Scale grad- uations shall be no greater than the following: Aggregate Scales 25 lbs. Cement Scales 5 lbs. Water Scales 5 lbs. All scales shall be of such size and so arranged that they may be read easily from the operator's platform. If a multiple beam type scale is used, the scale shall be provided with an indicator operated by the main beam which will give positive visible evidence of over or under weight. The indicator shall be so designed that it will operate during the addition of the last 400 pounds of any weighing. The over travel of the indicator hand shall be at least one -third of the loading travel. Indicators shall be enclosed against moisture and dust. Weighing equipment shall be insulated against vib- ration and movement of other operating equipment in the plant. When the entire plant is running, the scale reading at cut -off shall not vary from the weight designated by the Engineer by more than one percent (1%) for cement, one percent (1%) for water, one and one -half percent (1 -1/2%) for any size of aggregate, nor one percent (1%) for the total aggregate in any batch. 02 -08 MIXING Machine mixing will be required in all cases other than those in which it would obviously prove to be impractical, in which event hand mixing will be permitted. Mixing shall be commenced as soon as possible after the cement is placed in contact with the aggregates, but in no event shall the interven- ing period exceed 30 minutes. 02 -4 All concrete mixers shall be of such design and construction and so operated as to provide a tho- roughly and properly mixed concrete in which the ingredients are uniformly distributed. Mixers shall be maintained in proper and serviceable work- ing condition and any part or portion thereof that is out of order, or becomes worn to such extent as to detrimentally affect the quality of mixing, shall be promptly repaired or replaced. 02 -09 CONCRETE CONSISTENCY The amount of water added at the mixer shall be regulated to take into account the free water in the aggregates. Free water is defined as the total water minus the water absorbed by the aggregate in a saturated surface -dry condition. The amount of water used in the mixture shall not exceed the minimum amount necessary to permit prac- tical placement and consolidation of the concrete, and unless otherwise authorized by the Engineer, shall be that required to produce concrete with a slump within the range shown as nominal in the fol- lowing table: Type of Work Nominal Slump Maximum Slump (inches) (inches) Concrete Pavement 0 -2 3 Non - reinforced Concrete 0 -3 4 Reinforced Concrete -- Structures Heavy Sections 0 -3 5 Thin Sections &.Columns 0 -4 6 Concrete Placed under Water 6 -8 9 The concrete used in the work shall not have a slump greater than that shown as maximum above, nor a free water content greater than 312 pounds per cubic yard of concrete. When adverse or difficult conditions affect the placement of concrete, the Engineer may authorize a greater slump to be used, provided both the water and cement are increased. Water shall be added at a ratio not to exceed 30 pounds per sack of added cement per cubic yard of concrete, and such addi- tional water and cement shall be at the Contrac- tor's expense. 02 -5 The consistency of concrete shall be determined in accordance with ASTM C -143. If slump tests of individual samples taken at approximately the 1/4 and 3/4 points of the dis- charge differ by more than two inches (2 "), the mixer will not be acceptable for further use until the condition is corrected. 02 - TRANSIT MIXERS The type, capacity, and manner of operation of the mixing and transporting equipment for ready -mix concrete shall conform to the current ASTM C -94 standard; "Standards for Operation of Truck Mixers and Agitators of the National Ready - Mixed Concrete Association" and the "Truck Mixer and Agitators Standards of the Truck Mixer Manufacturers Bureau ". Transit mix concrete trucks shall be equipped with an automatic device for recording the number of revolutions of the drum during the mixing period. Each mixer and agitator shall have attached thereto in a prominent place, a metal plate or plates, installed by the manufacturer on which is plainly marked the capacity of the drum in terms of the volume of mixed concrete and the speed of rotation for the agitating and mixing speeds of the mixing drum or blades. Each mixer shall have an identification number painted on the truck in such a location that it can be easily read from the batching platform. The total volume of materials introduced into the mixer shall not exceed the manufacturer's guaran- teed mixing capacity. If the concrete so mixed does not meet the uniformity requirements of this subsection, the amount of materials charged into the mixer shall be reduced. The drum of the mixer shall be completely emptied of any previously mixed load. The proper propor- tions of aggregate, cement, and water for each load of concrete shall be placed in the mixer and shall be mixed therein for not less than 70 nor more than 100 revolutions of the drum or blades at the speed designated by the manufacturer of the equipment as mixing speed. Additional revolutions of the drum shall be at the speed designated by the manufactur- er of the equipment as agitating speed. The revolving of the drum shall be continuous until the concrete is completely emptied from the drum. 02 -6 When concrete is being placed for concrete struc- tures, all wash water shall be emptied from the mixer before any portion of the succeeding load is placed therein. For all other work, the mixer shall be empty or may carry 10 gallons of water in the drum. Adequate control of ready -mixed concrete will normally require that additional water be add- ed and mixed into the batch at the point of dis- charge. Water so added shall be mixed into the load for a minimum mixing time of three (3) min- utes. Water shall not be added to the load during transit. The total elapsed time between the addition of water at the batch plant and discharging the com- pleted mix shall not exceed 90 minutes. Under con- ditions contributing to quick setting, the total elapse time permitted may be reduced by the Engi- neer. The Engineer shall be provided with a legible cer- tified weighmaster's certificate which shall con- tain the following information: Name of vendor Name of contractor Number of cubic yards in the load Actual weights of cement and of each size of aggregate Amount of water added at the plant Amount of water in the aggregate Brand and type of cement Brand and amount of admixture Time and date of batching Space shall be provided on the certificate so that amount of water added on the job may be indicated. 02 -11 HAND MIXING Hand mixed concrete shall be mixed on a water -tight platform or in a mortar box in batches not to ex- ceed 1/3 cubic yard each. The aggregates shall first be spread in a uniform layer over which the required quantity of cement shall be evenly distri- buted. The entire batch shall be turned with sho- vels until the ingredients are thoroughly blended before adding the water. After adding the proper amount of water, the batch shall again be turned with shovels until a uniform consistency is obtain- ed. Methods of hand mixing which allow the loss of mixing water will not be permitted. 02 -7 02 -12 TRANSPORTING BATCHED MATERIALS AND MIXED CONCRETE The compartments of trucks or other equipment used for the purpose of transporting proportioned dry aggregate and cement, or mixed concrete, shall be suitably constructed to adequately protect and pre- vent loss or leakage of the contents during charg- ing, transit or discharging. 02 -13 STEEL REINFORCEMENT FOR CONCRETE 02 -13.1 General The following specifications set forth the require- ments for bar, wire, and wire mesh reinforcement. The reinforcement shall conform accurately to the dimensions and details indicated on the plans or otherwise prescribed. Before being placed in any concrete work, it shall be cleaned thoroughly of all rust, mill scale, mortar, oil, dirt, or coating of any character which would be likely to destroy, reduce, or impair its proper bonding with the con- crete. 02 -13.2 Reinforcing Steel Unless otherwise specified, reinforcing steel shall be Grade 60 billet steel conforming to ASTM A -615. Varying grades shall not be used interchangeably in structures. Steel bending processes shall conform to the re- quirements of ACI -318. Bending or straightening shall be accomplished so that the steel will not be damaged. Kinked bars shall not be used. 02 -13.3 Wire Reinforcement Wire reinforcement shall in all respects fulfill requirements prescribed in ASTM A -82. 02 -13.4 Wire Mesh Reinforcement Mesh reinforcement shall conform to ASTM A -185. The gauge of the wire and the dimensions of the mesh will be specified in the special provisions or shown on the plans. The wire mesh reinforcement 02 -8 shall be so constructed as to retain its original shape and form during the necessary handling. The effective cross - sectional area of the wire shall be equal to that specified or indicated on the plans. 02 -14 EXPANSION JOINT FILLER AND JOINT SEALANTS 02 -14.1 General This section specifies joint fillers and sealants to be used for treating joints in portland cement concrete. 02 -14.2 Premolded Joint Filler Premolded joint filler material shall consist of premolded strips of a durable resilient material. Unless otherwise specified, premolded joint filler shall be one of the following types: Preformed Expansion Joint Filler (Bituminous Type) ASTM D -994, Non - extruding and Resilient Filler (Bituminous Type) ASTM D -1751, or Non - extruding and Resilient Filler (Non- bituminous Type) ASTM D -1752. 02 -14.3 Asphalt -Latex Emulsion Joint Sealant Asphalt -latex emulsion joint sealant shall be designed for mixing and application by hand methods and shall be suitable for use at temperatures above 50 ° F. The sealing compound shall be an emulsion consisting of approved paving asphalt, emulsified with rubber latex in the presence of a suitable emulsifying agent. Rubber latex shall be natural rubber or synthetic latex containing approximately 40% solids. The resulting emulsion shall consist of a minimum of 55% paving asphalt and a minimum of 36% rubber latex. A setting agent shall be provided in the form of a paste to be added at the rate of approximately 3 fluid ounces per gallon of emulsion. The joint sealant shall comply with the following requirements: 02 -9 ASPHALT -LATEX EMULSION JOINT SEALANT Test Method Determination No. Requirements Remarks Furol Visco- ASTM 80 -250 Sec. Before adding setting sity at 77 ° F D -88 agent. Sieve Test ASTM 1% Max. Before adding setting D -244 agent. Penetration Calif. 50 -150 Immediately after mixing, at 77 ° F 418 pour material into a 6 -oz. deep ointment can. Allow specimen to stand in air at a temperature of 77 ° F + 2 ° F for a period of 24 -hrs. Then penetrate with a grease cone under a total load of 150 grams in accor- dance with ASTM D -217. Elasticity (1) Calif. 70% Min. Immediately after mixing, 418 pour material into ducti- lity clips. Cure for 24- hrs. at 115 ° F + 2 ° F. Test specimen in modified ducti- lity mold per test method Total Solids Calif. 70% Min. Place 3 to 5 grams freshly (2) 418 mixed material in an alumi- num pan and dehydrate in suitable oven maintained at a temperature of 200 ° F + 3 ° F for a period of 3- hrs. Setting Time Calif. 60 Min. Max. Pour material into a 6 -oz. (2) 418 deep ointment can. Check penetration each 15 -min. Record time when penetra- tion is less than 200. (1) Mixing ratio of Material: to 200 g. of emulsion component add 10 + 0.1 g. of sodium fluosilicate powder. (2) Mixing ratio of Material: to 8 fluid ounces of emulsion component add 12 ml. of setting agent component. 02 -14.4 Application Immediately before applying the joint sealant, the joint shall be thoroughly cleaned by abrasive blasting or other approved means to remove all mor- tar, laitance, scale, dirt, dust, oil, curing com- pounds and other foreign material. The joint shall be blown out with high pressure compressed air to remove all residue. 02 -10 At the time of applying the joint sealant, the joint shall be surface dry, and acceptable to the Engineer. No sealant shall be placed during un- suitable weather or when the atmospheric tempera- ture is below 50 ° F, or when weather conditions indicate that the temperature may fall below 32 ° F within 24- hours. The joint shall be filled from the bottom to the top without formation of voids. The top of the finished joint seal shall be between 1/4 -inch and 3/8 -inch below the finish surface. At no time shall the emulsion be subjected to a temperature below 40 ° F. Prior to application, the joint sealant may be warmed if necessary to permit proper filling of the joints. The heating shall be carefully controlled to avoid overheating of any part of the container or mixture and under no cir- cumstances shall the emulsion be heated to a temp- erature greater than 130 ° F. Immediately before applying the sealant, the emul- sion shall be mixed with the proper amount of paste setting agent. The components shall be mixed, pre- ferably with a power mixer, for 5- minutes to pro- duce a homogeneous material. 02 -14.5 Concrete Curing Compound Curing compound shall consist of a liquid which, when applied to fresh concrete by means of a spray gun, will form an impervious membrane over the exposed surfaces of the concrete. Mats and poly - plastic sheets may be used. The membrane may be either asphaltic or paraffin derivatives to which other water - proofing materials may have been added. Concrete curing compounds shall be clear or translucent with red fugitive dye. Curing time shall be a minimum of five (5) days with temperature above 50 ° F. Curing compound shall be non -toxic and taste and odor free. 02 -14.6 Form Coating All form work to be required shall be coated with an approved resin based material applied according to the manufacturer's directions. Form coating shall be non -toxic after 30 -days. 02 -11 •.r 02 -14.7 Water -Stops Water -stops shall be provided where shown on the Plans and shall be a minimum height of six inches, a minimum thickness of 3/8 ", be of polyvinyl chlo- ride material and shall be approved by the Engi- neer. All water -stop joints shall be welded according to the manufacturer's recommendations. 02 -14.8 Grout Grout for patching of honeycombs, she bolt holes, spells, etc. or where approved by the Engineer shall be "Thorite" as manufactured by Standard Dry Wall Products of Miami, Florida. Grout used in setting machinery and equipment shall be "Thoroset" Metallic Compound worked in under the machinery bases in such a manner as to preclude voids of pockets under the metal base. The edges shall be neatly finished to give a neat appearance. Concrete surfaces shall be roughened and cleaned before the grout is placed. Mix compound with cement, sand, and gravel per manufacturer's speci- fications. "Thoroset" shall be as manufactured by Standard Dry Wall Products, Miami, Florida. 02 -15 CONCRETE CONSTRUCTION 02 -15.1 General Concrete chambers, vaults, walls, structural slabs, footings, foundations and similar structures shall be constructed in conformity with the plans and this sub - section. Concrete for use in work con- structed under this Section shall conform to the requirements herein. Safe and suitable ladders shall be provided to per- mit access to all portions of the work. The compressive strength of the concrete referred to in this section will be based on the results of two tests from 6" X 12" concrete test cylinders made and tested by the Engineer in accordance with ASTM C - 31 and C - 39. The cylinders shall be cured in accordance with ASTM C -31. 02 -12 02 -15.2 Subqrade for Concrete Structures Earth subgrade upon which concrete is placed shall be firm and free from water. Ground water shall be kept below subgrade until the concrete has set. When the subgrade is in dry earth, it shall be tho- roughly dampened with water to ensure that no mois- ture will be absorbed from the fresh concrete. When the design details for the project provide for the construction of filter or drain material con- sisting of gravel (or combination of gravel and sand), which material will be subgrade for con- crete, the placing of steel reinforcement and placement of concrete shall follow the installation of the filter or drain material as closely as prac- tical. The filter or drain material shall be kept de- watered to the extent necessary to prevent any portion of concrete materials being deposited in water. When the concrete is to be deposited on rock, the rock shall be fully uncovered, cleaned, and its surface shall be removed to a depth sufficient to expose sound rock. Bedrock shall be roughly level- ed -off or cut to approximately horizontal and ver- tical steps. Seams in the rock shall be grouted under pressure or otherwise treated as the Engineer may direct. 02 -15.3 Forms Forms shall be of suitable material and of a type, size, shape, quality, and strength to ensure con- struction as designed. The forms shall be true to line and grade, mortar tight, and sufficiently rigid to resist deflection during placing of the concrete. The responsibility for their adequacy shall rest with the Contractor. All dirt, chips, sawdust, nails and other foreign matter shall be completely removed from forms before any concrete is deposited therein. The surfaces of forms shall be smooth and free from irregularities, dents, sags and holes that would deface the finished surfaces. Forms previously used shall be thoroughly cleaned of all dirt, mortar and foreign matter before being re -used. Before concrete is placed in forms, all inside sur- faces of the forms shall be thoroughly treated with 02 -13 releasing agent as specified herein. Care shall be exercised that no releasing agent is deposited on previously placed concrete. Forms for all surfaces that will not be completely enclosed or hidden below the permanent surface of the ground shall be made of surfaced lumber, or material which will provide a surface at least equal to surfaced lumber or plywood. Any lumber or material which becomes badly checked or warped, prior to placing concrete, shall not be used. Forms for all exposed surfaces shall be constructed of plywood or an approved equal. Plywood for forms shall be Exterior Type, of the grade "Concrete -Form Exterior ", conforming to the specifications of the U. S. Department of Commerce, National Bureau of Standards, Commercial Standards, latest edition. Plywood shall be furnished and placed in 48 inch width sand in uniform lengths of not less than 96 inches, except where the dimension of the member formed is less than the specified panel dimension. Plywood shall be placed with the grain of the outer plies in the direction of the longest span. Where plywood is attached directly to the studs or joists, the panels shall be not less than 5/8 inch thick, and the studs or joists shall be spaced not more than 12 inches, center -to- center. Plywood less than 5/8 inch thick, otherwise conforming to the requirements specified herein, may be used with a continuous backing of 3/4 inch sheeting. All form panels shall be placed in a neat symmetrical pattern with the horizontal joists level and con- tinuous. All joints shall be filled with an approved quick - setting compound and finished flush with the interior of the form. Wooden forms for copings and curbs shall have a thickness of not less than 1 -5/8 inches and a width of not less than the full depth of coping or curb. Unless otherwise shown on the plans, all sharp edges shall be chamfered with 3/4 inch by 3/4 inch triangular fillets. Forms for curved surfaces shall be so constructed and placed that the finish -' ed surface will not deviate from the arc of the curve by more than the tolerance shown on the Plans. 02 -14 Forms shall be so constructed that portions, where finishing is required, may be removed without dis- turbing portions of forms to remain in place. Forms for girders and slabs shall be cambered as may be required by the Engineer. Forms shall, as far as practicable, be so con- structed that the form marks will conform to the general line of the structure. Form clamps or bolts, approved by the Engineer, shall be used to fasten forms. The use of twisted wire loop ties to hold forms in position will not be permitted, nor shall wooden spreaders be used unless authorized by the Engineer. Clamps or bolts shall be of sufficient strength and number to pre- vent spreading of the forms. They shall be the break -off type so that they can be entirely removed or cut back 1 inch below the finished surface of the concrete. All forms for outside surfaces shall be constructed with stiff wales at right angles to the studs, and all form clamps or bolts shall ex- tend through and fasten such wales. Form work shall be approved prior to placement of concrete in the form. 02 - 15.4 Removal of Forms The periods of time for form removal set forth herein are permissive only and subject to the Con- tractor assuming all risks that may be involved. The time periods are minimum with no allowance therein for external loads. At times of low temp- erature, or other adverse conditions, the Engineer may require the forms to be kept in place for long- er periods of time. The time periods are predicated on the use of con- crete to which no admixtures have been added. No forms shall be removed until approval of Engi- neer is obtained. Forms shall be stripped after the required time and projecting wire snapped off. Removal shall not proceed faster than the required finishing procedure can be completed. Vertical forms shall not be disturbed for at least twenty -four (24) hours after last concrete in walls . is placed, except as authorized by the Engineer. 02 -15 Forms shall remain in place a minimum of twenty - four (24) hours and be removed only after Engi- neer's approval. 02 -15.5 Falsework All falsework shall be designed and constructed to provide the necessary rigidity and to support the loads. Falsework for the support of a superstruc- ture shall be designed to support the loads that would be imposed if the entire superstructure were placed at one time. All falsework, staging, walkways, forms, ladders, cofferdams, and similar accessories shall equal or exceed the minimum requirements of the State Divi- sion of Industrial Safety. Compliance with such requirements shall not relieve the Contractor from full responsibility for the adequacy of safety measures. 02 -15.6 Placing Reinforcement Before placing reinforcing steel, the Contractor shall submit a reinforcing steel placing plan for approval of the Engineer. Reinforcing bars shall be accurately placed as shown on the plans and shall be firmly and securely held in position in accordance with Concrete Rein- forcing Steel Institute "Recommended Practice for Placing Reinforcing Bars ", and by using concrete or metal chairs, spacers, metal hangers, supporting wires and other approved devices of sufficient strength to resist crushing under full load. Metal chairs which extend to the surface of the concrete (except where shown on the plans) and wooden sup- ports, shall not be used. Placing bars on layers of fresh concrete as the work progresses and adjusting bars during the plac- ing of concrete will not be permitted. Before placing in the forms, all reinforcing steel shall be cleaned thoroughly of mortar, oil, dirt, loose mill scale, loose or thick rust, and coatings of any character that would destroy or reduce the bond. No concrete shall be deposited until the placing of the reinforcing steel has been inspected and approved. 02 -16 02 -15.7 Splicing Splices of bars shall be made only where shown on the plans or as approved by the Engineer. Where bars are spliced, they shall be lapped at least 36 diameters, unless otherwise shown on the plans. Splicing shall be accomplished by placing the bars in contact with each other and wiring them toget- her. Welding of reinforcing steel will not be permitted unless specifically authorized by the Engineer. * 02 -15.8 Bending Reinforcement Bends and hooks in bars shall be made in the manner prescribed in the "Manual of Standard Practice ",of the American Concrete Institute. Bars shall not be bent or straightened in a manner which will injure the material. Bars with kinks or unspecified bends shall not be used. 02 -15.9 Welded Wire Fabric Welded wire fabric shall be spliced not less than two meshes. It shall be lifted carefully into its specified position after the concrete is placed but still plastic. 02 -15.10 Placing Concrete, General Concrete shall be conveyed, deposited and consoli- dated by any method which will preclude the segre- gation or loss of ingredients. Chutes used in conveying concrete shall be sloped to permit concrete of the consistency required to flow without segregation. Where necessary to pre- vent segregation, chutes shall be provided with baffle boards or a reversed section at the outlet. Where a sequence for placing concrete is shown on the plans, no deviation will be permitted unless approved in writing by the Engineer. Before depositing concrete, all debris, spreaders, etc., shall be removed from the space to be occu- pied by the concrete and forms shall be thoroughly 02 -17 wetted. All free standing water shall be removed. Reinforcing steel and form shall be free of scale, oil film, hardened concrete. Formwork shall have specified coatings.. Concrete shall be deposited as rapidly and as near as practicable in its final position, and shall not be caused to flow in a manner to permit or cause segregation. Runways shall be provided so that wheelbarrows or buggies containing concrete will not run over reinforcing steel or planks resting on steel. Just before placing new concrete on old concrete in walls, a modified grout consisting of the same mix as the concrete minus one -half of the coarse aggregates shall be deposited to a depth of six (6) inches before placing the regular concrete mix. Concrete shall be worked and vibrated mechan- ically with suitable appliances until it closes snugly against all surfaces and is in perfect and complete contact with all embedded reinforcement and other metals. Horizontal construction joints shall have a slurry coating of 1 -part cement and 3 -parts of sand mixed with a solution of 1 -part "Acryl 60" to 3 -parts of water prior to placing modified 6 -inch mix noted above. This slurry shall be applied by pumping or other means to assure that about 1/2 -inch thick coating of the slurry shall cover the surface of the joint. The 6 -inch thick modified mix noted in the above paragraph shall follow not more than 60 minutes later. "Acryl 60" shall be as manufactured by Standard Wall Products, Miami, Florida. 02 -15.11 Notification The Contractor shall give the Engineer written notice of at least 24 -hours in advance of placing concrete in any part of the work so that the Engi- neer may make final inspection of the preparations of the location fr such placing. No concrete shall be placed except in the presence of the Engineer. 02 -15.12 Construction Joints Construction joints shall be placed only in posi- tions approved by Engineer or as indicated on draw- ings. Exposed concrete face of construction joints shall be kept continuously wet from time of initial set until pouring of new concrete against it. The contact surface shall be thoroughly cleaned by 02 -18 02 -15.13 Slabs chipping the entire surface not earlier than 8 days after the first pour or jet washing the surface, not less than 3 -1/2 nor more than 6 -1/2 hours after the concrete is placed, or by sandblasting. The joint surface shall consist of clean aggregate solidly embedded in the mortar matrix. All wash water shall be entirely removed from the surface. All construction joints in waterbearing tanks, except joints above water level, shall have "water - stops" installed; also, any additional ones shown on drawings. All waterstop splices, joints, cor- ners, or intersections shall be welded. Watertight concrete is required for all submerged structures and waterbearing structures. Any cracks or imperfections developing at any point shall be repaired to the satisfaction of the Engineer. Where concrete construction is proposed to be extended at a later date, the walls and floors shall be stubbed 24- inches. The contractor shall supply, and cast -in, screwed insert anchors with protective plugs in the face of the stub walls and floors. The contractor shall supply the Owner with the screw -in re -bar connectors, compatible with the insert anchor, for use when the construction is extended. Subgrade shall be in form as shown on drawings to receive slab concrete. Slabs shall be poured in one continuous operation between expansion joints. 02 -15.14 Walls Walls shall be poured in horizontal layers not to exceed 18" thickness in such a manner that prevents segregation of constituents or accumulation of hardened concrete on the forms or metal reinforce- ment above the level of the concrete. Total height of any one pour shall not exceed 12'0 ". Free fall of concrete into wall forms shall not excess 4'0" without the use of pipes or tremies. Pipes and tremies shall be at least 6 inches in diameter. 02 -15.15 Depositing To avoid segregation, concrete shall be deposited as near to its final position as is practicable. The use of vibrators for extensive shifting of the 02 -19 mass of concrete will not be permitted. Concrete that has partially hardened, has been retempered, or is contaminated by foreign materials shall not be deposited in the structure. Concrete shall be placed in horizontal layers inso- far as practical. Placing shall start at the low point and proceed upgrade unless otherwise permit- ted by the Engineer. Concrete shall be placed in a continuous operation between construction joints and shall be terminated with square ends and level tops unless otherwise shown on the plans. 02 -15.16 Consolidating Concrete shall be thoroughly consolidated in a man- ner that will encase the reinforcement and inserts, fill the forms, and produce a surface or even tex- ture free of rock pockets and excessive voids. Structural concrete shall be consolidated by means of high frequency internal vibrators of a type, size and number approved by the Engineer. The location, manner and duration of the application of the vibrators shall be such as to secure maximum consolidation of the concrete without separation of the mortar and coarse aggregate, and without caus- ing water or cement paste to flush to the surface. Internal vibrators shall not be held against the forms or reinforcing steel. - The number of vibrators employed shall be suffi- cient to consolidate the concrete within 15 minutes after it has been deposited in the forms. At least two vibrators in good operating conditions shall be available at the site of the structure in which more than 25 cubic yards of concrete is to be plac- ed. Approved external vibrators for consolidating con- crete will be permitted when the concrete is not accessible to internal vibration. Forms and false - work shall be designed and constructed to resist displacement or damage from external vibration. 02 -15.17 Walkways Walkways and platforms shall be provided for per- sonnel and equipment at a level convenient for the concrete placement and to permit the performance of all operations necessary for the completion of such work including finishing. 02 -20 02 -15.18 Placing Concrete Under Adverse Weather Conditions Concrete for structures shall not be placed on fro- zen ground nor shall it be mixed or placed while the atmospheric temperature is below 35 ° F, unless adequate means are employed to heat the aggregates and water, and satisfactory provisions have been made for protecting the work. Concrete slabs shall not be placed on frozen ground, nor shall concrete be mixed or placed when the atmospheric temperature is below 35 F, or when conditions indicate that the temperature may fall to 35 ° F within 24 hours, except with the written permission of the Engineer and only after such pre- cautionary measures for the protection of the pave- ment have been taken as he may direct. Concrete shall be effectively protected from freez- ing or frost for a period of five (5) days after placing. Concrete for structures shall not be mixed or plac- ed while the atmospheric temperature is above 115 ° F unless adequate means are employed to cool the aggregate and water and satisfactory provisions have been made for protecting the work. In any case, temperature of the concrete as placed shall not exceed 90 ° F. nor be less than 50 ° F. Concrete placement shall be stopped when rainfall is sufficient to cause damage to the work. 02 -16 FINISHING TYPES 02 -16.1 General All finished or formed surfaces shall conform accu- rately to the shape, alignment, grades, and sec- tions as shown on the drawings or prescribed by the Engineer. Surfaces shall be free from fins, bulges, ridges, offsets, honeycombing, or roughness of any kind, and shall present a finished, smooth, continuous hard surface. All sharp angles shall be rounded or beveled. Any formed surface to be painted shall be free of any material that will be detrimental to the paint. Defective work shall be treated as noted elsewhere in this specification. 02 -21 " Surfaces not true to elevation or pitched to drain, where specified, loose or roughened surfaces, and high points as noted below shall be considered to be defective work and shall be removed and repaired as directed by the Engineer. Top edges of walls, if not otherwise shown on the drawings, shall be finished with a three - quarter inch (3/4 ") chamfer edger, the flanges of which shall be ground to a knife edge to produce as little a burr as possible. Remaining burrs on the lower side of the finished chamfer after the form is removed should be rubbed off and the surface left in a smooth, workmanlike condition. Refer to Section 02 -16.7 for Schedule of Finishes. 02 -16.2 Class 1 - Steel Trowel Finish The surface shall be steel - troweled to a dense smooth finish to compact and seal the surface. Except where required to remove imperfections, a single -pass trowelling shall be applied. 02 -16.3 Class 2 - Broom Finish The concrete surface shall first be steel troweled as specified above and before final set, the sur- face shall be slightly roughened by means of a broom or a burlap mat. 02 -16.4 Class 3 - Ordinary Formed Surface As forms are removed, the Engineer shall inspect surface. Any poor joints, voids, honeycombs, or rock pockets of a minor nature deeper than 1/4 inch shall be immediately repaired by cutting back to a full solid surface in a manner to form a key for grout. Voids shall be filled with nonshrink "Tho- rite" patching plaster applied according to the manufacturer's recommendations. All fins or other undesirable projections shall be chipped back on interior or exposed surfaces. Form nails, wires, or any metallic debris shall be removed or set below the surface and patched with nonshrink "Tho- rite" patching plaster. "Thorite" shall be as manufactured by Standard Dry Wall Products, Miami, Florida, or approved equal. 02 -22 02 -16.5 Class 4 - Brush Coated for Formed Surfaces The concrete surface shall first receive the treat- ment as specified for Class 3 surface treatment. Immediately thereafter a brush coat of "Thoroseal" plus " Acryl 60" shall be applied to the surface at the rate of 2 pounds per square yard and worked into the minor voids. Overall effect shall be an even coating showing only brush marks. After one or two hours, depending on the ambient weather con- ditions, use a nylon brush with plain water to work out all brush marks. "Thoroseal" and "Acryl 60" shall be as manufactured by Standard Dry Wall Pro- ducts, Miami, Florida, or approved equal. 02 -16.6 Class 5 - Plaster Coated Formed Sufaces The concrete surface shall first receive the treat- ment as specified for Class 3 surface treatment. Immediately thereafter the surface shall receive a finish coating of "Thoroseal" plaster mix applied by trowel and finished with a rubber Thoro float to a smooth even textured surface. The "Thoroseal" plaster mix shall be mixed with water and "Acryl 60" according to the manufacturer's instructions. The finish coat shall be a minimum of 1/8" in thickness with a lightly textured grain finish. Color shall be an off -white as selected by the Engineer. "Thoroseal" and "Acryl 60" shall be as manufactured by Standard Dry Wall Products, Miami, Florida, or approved equal. 02 -17 OPENINGS FOR INSTALLATION OF, AND PREPARATION FOR, OTHER WORK The Contractor's attention is directed to the fact that openings must be left in structures for the installation of mechanical equipment, piping and wiring and that certain mechanical and electrical appurtenances and foundation anchor bolts are to be embedded in concrete, and that some of such work is unavoidably omitted from the drawings. The Contractor shall examine all drawings to determine the relation of concrete work with all other work, and shall attend to the following matters: 02 -23 1 ' Openings shall be left in floor and walls for ducts, flues, pipes, conduits, etc., required for mechanical, electrical, and plumbing installations. 1 Openings not shown on the drawings or details shall be subject to approval by the Engineer. Any addi- tional openings or changes in size or location of ' the openings shown on the drawings, if deemed necessary by the Engineer, shall be provided by the Contractor in proper time to prevent unnecessary cutting of concrete work, and no additional payment shall be made therefor. Wood, if used for pipe holes, shall be completely removed after the con- crete has set. If metal is used, it shall be ' removed or cut off as directed by the Engineer. After piping is installed, concrete shall be filled in solid between the edge of the hole and the pip- ing, leaving clearance, where necessary, for con- traction and expansion. Inserts: The Contractor shall organize the setting 1 and maintaining in all correct positions, all work required to be embedded in the concrete, and fur- nished and installed as specified under other sec- tions of these specifications, including anchor bolts, anchors, electrical conduits, wood inserts and nailing blocks, reglets, dovetail slots, pipe 1 sleeves, thimbles, and other work as required. Wood inserts and nailing blocks that will be con- cealed shall be Wolmanized, or given two (2) coats t of creosote oil before placing in forms. Pipes other than electrical, shall not be permitted in structural concrete, except where indicated on the drawings. Where required in slabs, piping shall be located in center thereof. 02 -18 DEFECTIVE WORK 1 If the defective work is judged by the Engineer to be major in character or concrete does not conform with lines shown on drawings, the Contractor will be required to replace the work or repair it in a manner satisfactory to the Engineer at the Contrac- tor's expense. 1 02 -19 TESTS 1 02 -19.1 General Testing laboratory fees will be at the expense of the Owner. The Contractor shall cooperate and 1 allow three (3) test cylinders to be taken for each 1 02 -24 1 day's pour of concrete or each 150 cubic yards. The inspection of the work and the certification of the testing laboratory or any other body shall not relieve the Contractor of obligation to fulfill his contract as specified, and defective work shall be replaced and unsuitable materials may be rejected, notwithstanding that such defective work or unsuit- able materials may have been overlooked by the Engineer and the testing laboratory. 02 -19.2 Aggregates Aggregates shall be tested before the concrete mix is established and, whenever the source of an aggregate is changed for testing, a 10 pound sample of fine aggregate and a 10 pound sample of each average quality and grading of the aggregate in question, shall be delivered to the testing labora- tory in sufficient time to avoid delay in the work. 02 -19.3 Cylinders One set of three (3) test cylinders shall be made for each day's pour of 150 cubic yards or less of each class of concrete. All testing shall be in accordance to ASTM lastest revisions thereof. Cylinders shall be numbered and dated and the point from which the sample was taken noted. The Owner will supply the molds. The Engineer will take samples in accordance with Method for Compression Test Specimens, ASTM C- 31 -62T, store sample for 24- hours, and deliver them to the testing labora- tory. Tests will be made at 7 day and 28 day age, in accordance with ASTM C- 39 -64. 02 -19.4 Strength Should the strength of the concrete, as shown by the test specimens, fall below the specified value, the Engineer shall have the right to require addi- tional curing of those portions of the structure represented by control specimens which failed to show the required strength. In the event that such additional curing does not give the strength required, the Engineer shall have the right to require strengthening or replacement of those por- tions of the structure which fail to develop the required strength. All extra work done as a result of any low strengths of the control specimens shall be performed at the expense of the Contractor. 02 -25 02 -20 CLEANING All slabs shall be swept clean and washed prior to delivery of the completed project to the Owner. 02 -21 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract prices bid for item of which this work is a component part. 02 -26 SECTION 03 - WATER PIPELINES, FITTINGS, VALVES, AND APPURTENANCES 03 -01 DESCRIPTION This section of the Specifications shall gov- ern for all materials incorporated in the work as pertains to construction of water pipelines and appurtenances. 03 -02 MATERIALS - PIPE Steel pipe shall conform to current AWWA Stan- dards C201 and C202. Galvanized iron pipe shall be standard strength, threaded and coupled. Cast iron pipe shall conform to current AWWA Standards C106 or C108 and shall be thickness Class 22 and pressure Class 150 except where otherwise shown. All cast iron pipe shall be cement mortar lined in accordance with AWWA C104. Exposed plant piping shall be flanged and buried pipe shall be push -on joint, except where shown otherwise on the Plans. Fittings for buried pipe may be mechanical joint or push -on joint, unless shown otherwise on the Plans. Ductile iron pipe shall conform to AWWA Stan- dards and be Class 50 with rubber gasket slip joints unless otherwise shown on Plans. Concrete steel cylinder pipe shall conform to current AWWA Standards for pressure class as shown on the Plans. Asbestos cement pipe (AC) shall conform to current AWWA Standard C400 for pressure Class 150 or 200, as shown on the Plans. Fittings shall conform to AWWA Standard C110 (Ring -Tile or equal). Copper pipe shall conform to ASTM Specifica- tion B88 for Type K seamless annealed. Under- ground piping shall be joined with flared fit- tings. All pipe shall be of domestic origin unless satisfactory warranty is provided. 03 -1 03 -03 MATERIALS - VALVES AND FIRE HYDRANTS All gate valves shall conform to current AWWA Standard C-500 and have a minimum working pressure rating of 150 psi for gate valves 14" and larger and 200 psi for gate valves 2" through 12 ". Gate valves shall have a clear waterway equal to the full nominal diameter of the valve and shall be opened by turning coun- ter- clockwise. All butterfly valves shall conform to current AWWA Standard C- 504 -80 Rubber Seated Butterfly Valves. Butterfly valves above 8" shall have worm gear operator and handwheel. Gear opera- tors shall be by Limetorque or approved equal. Check valves shall be of the flanged silent type as manufactured by the Valve and Primer Corporation, 600 Series or approved equal. Curb stops and corporation stops shall be bronze, conform to current AWWA Standards, and be equal to those as manufactured by Hays, Mueller, or Ford. Air release valves shall be the float and lever type as manufactured by the Valve and Primer Corporation. All underground valves shall be equipped with cast iron valve boxes except where shown otherwise on the Plans. A minimum of one valve wrench shall be furnished to the Owner. 03 -04 GRANULAR MATERIAL FOR PIPE BEDDING AND PIPE ZONE BACKFILL Granular material for pipe bedding and pipe zone backfill shall be produced from crushed limestone or pit run coarse sand. River sand will not be permitted. The maximum particle size shall not exceed one -half inch (1/2 ") and the material shall not contain excess fine material which would cause it to become muddy when saturated or "set -up" when dried. Lime- stone screenings or quarry waste will not be permitted. 03 -2 Gravel, crushed gravel, crushed slag or crush- ed stone clean of clay, slate, schist or soft particles of sandstone. Maximum percent of wear, 35% as determined by test method Tex - 410-A. Gradation as follows: Retained on 1/2" Sieve 0 Retained on 3/8" Sieve 0 -20 Retained on No. 4 Sieve 65 -100 Retained on No. 10 Sieve 98 -100 Submit sample to the Engineer for approval prior to starting construction. 03 -05 MEASUREMENT AND PAYMENT Measurement and payment for water pipeline, fittings, valves, and appurtenances shall be included in the lump sum price bid on the con- tract for the item of work of which this is a component part. 03 -3 SECTION 04 - WELDED STEEL GROUND STORAGE TANK 04 -01 DESCRIPTION This item consists of the design and construction of one welded steel ground storage tank in accord- ance with the Plans and AWWA Specification D100 (latest revision). 04 -02 FOUNDATION The ground storage tank contractor shall install the ground storage tank foundation. Remove all undesirable materials to the depths and limits as described in Southwestern Laboratories' report, attached herein. 04 -03 DRAWINGS Structural fill, if required by the Standard Details to achieve subgrade, will be in accordance with Southwestern Laboratories' report, attached herein. The ground storage tank contractor shall submit detailed drawings of the ground storage tank and foundation for approval by the Engineer prior to fabrication. 04 -04 ACCESSORIES Accessories shall be as shown on the Plans. 04 -05 DESIGN AND MATERIALS Material, design, welding, shop fabrication, erec- tion and inspection of the standpipe shall conform to all applicable portions of Specifications AWWA D -100 and AWS D5.2 for Elevated Steel Water Tanks, Standpipes and Reservoirs, as jointly adopted by the American Water Works Association and the Ameri- can Welding Society in their latest amended form. No provision shall be made in the design for earth- quake resistance nor shall an allowance be made for corrosion. Design for wind loads shall be based on areas subject to hurricanes. Standpipes may be designed using Appendix "C" of AWWA D -100 (latest revision). The knuckle shall have a minimum 2 -foot radius and shall be above the overflow elevation. *A11 lap -welds on non -water bearing plates shall be welded on both sides. 04 -1 *Revised per Addendum No. 1 dated 2/21/86 04 -06 CAPACITY The ground storage tank shall have a net capacity as specified on the Plans between the overflow and the ground storage tank bottom. The ground storage tank shall be of butt welded construction for all water bearing plates except for the tank bottom which shall be lap- welded. Either butt or lap - welded construction shall be used for non -water bearing plates. 04 -07 WELDING Welding procedures, welders, and welding operators shall be qualified in accordance with ASME Boiler and Pressure Vessel Code Section IX, and AWWA D100, Section 8. 04 -08 INSPECTION AND TESTING When applicable, shop inspection by a CWI (Certi- fied Welding Inspector) shall be required to deter- mine fabrication and operation compliance with AWWA D100 code. Field inspection shall consist of visual inspection by a CWI to assure quality welding not determined by radiographic testing. NOTE: All floor welds will be SFT (solution film test), or vacuum tested as described in AWWA D100 Sec. 11.11.1.2. Corner joints (shell to bottom welds) shall be leak tested with penetrating oil on the inside of the vessel before the outside weld is started. 04 -09 MEASUREMENT AND PAYMENT Construction of the ground storage tank, founda- tion, and other subsidiary items as shown on the drawings as included in the Bid Schedule or as shown on the Plans shall be measured and paid for at the unit price bid. The Plans are prepared for a certain capacity ground storage tank. If construction alternates for different capacities are shown in the Bid Sche- dule, the Owner reserves the right to select one ground storage tank of one of the alternate capaci- ties for the site. Should a construction alternate for a ground storage tank of capacity different than shown on the Plans be awarded, the Engineer will prepare revised drawings for the site plan and yard piping to accommodate the different capacity ground storage tank. 04 -2 SECTION 05 - TANK PAINTING 05 -01 GENERAL DESCRIPTION The work to be performed under this item of the specifications shall include the furnishing of all material, labor, equipment and incidentals required for sandblasting and painting all steel surfaces of the 2,000,000 gallon clearwell and for sterilizing the tank interior, complete as specified herein and as shown on the Proposal. The final coat color shall be as selected by the Owner upon submission of color charts by the Contractor. 05 -02 PAINTING Each tank shall be painted in accordance with AWWA Standard D -102. Field surface preparation for the exterior paint system shall be a commercial blast, meeting the Steel Structures Painting Council Specification No. SSPC -SP -6- Latest Revision (Blast cleaning until at least two - thirds of each element of surface area is free of all visible residues). The exterior paint system shall be a Hi -Build Epoxyline by Tnemec Company, Inc. The prime coat shall be a Series 20 to a minimum of 4.0 dry mils. The finish coat shall be a Series 71 Endura - Shield Semi -Gloss by Tnemec Company, Inc., to a minimum of 1.5 dry mils. The total dry -film thickness shall be a minimum of 5.5 mils. Field surface preparation for the interior paint system shall be a near -white blast, meeting the Steel Structures Painting Council Specification No. SSPC- SP -10- Latest Revision. The interior paint system shall be a two coat Hi- Build Epoxy system in compliance with AWWA Interior Paint System No. 1, having a minimum total dry -film thickness of 8 mils. Paint manufacturers for interior and exterior coatings shall be as follows, or approved equal. Tnemec (Epoxy Series 20) Mobil (Epoxy Series 78) Prufcoat (Epoxy Series 545) Cooks (Epoxy Series 920) 05 -1 05 -03 APPLICATION Coatings shall be applied in accordance with paint manufacturer's recommendations and may be subject to inspection at all times by representative of the Owner and Manufacturer. No painting shall take place unless the atmospheric temperature is at least 35 ° F and rising, or when the surface temperature is below the dew point, or when relative humidity is above 85%, unless approv- ed by representative of Owner and Paint Manufactur- er. Painting also shall not proceed if the temper- ature is expected to fall below 32 ° F before the paint has dried. All spray equipment shall be inspected and approved by Owner's representative before any application is begun. A moisture trap shall be placed in line from air supply to pressure pot and spray gun. This trap shall be opened slightly to provide con- tinuous bleed. Regulators and gauges shall be pro- vided for air to both pressure pot and spray gun. All sand and dust from blasting operations shall be removed from surfaces before paint application is begun. Blasted surfaces shall be coated with one coat of primer during the same day that blasting was done. Primer shall not be applied closer than six inches to a non - blasted area. Any subsequent blasting operation shall not result in sand parti- cles embedded in the paint film. The sequence to be followed in painting shall be such that a mini- mum of damage to finished coatings will result. Spray guns must be held perpendicular to the sur- face being painted, and handled and adjusted in such a manner that dry overspray is kept to a mini- mum. When paint is being applied to the interior of tanks or confined areas, sufficient blowers and fans shall be installed to provide ventilation. 05 -04 INSPECTION All work shall be done in a workmanlike manner, so that the finished coating on the inside and outside of the tank shall be free from bubbles, runs, drips, ridges, waves and unnecessary brush marks and variations in color. In addition, the interior of the tank bowl shall be subsequently free of holidays and pinholes. 05 -2 Inspection and acceptance of the sandblasting shall be achieved prior to application of the prime coat of paint. The Contractor shall schedule and coordinate his work with the Owner to allow for expeditious prosecution of the inspection and painting. All paint film thickness shall be verified by mea- suring the wet film thickness and each coat as it is applied. The Contractor shall coordinate the use of the painting scaffolds and rigging with the Owner to provide regular access for the paint inspections. A wet film thickness measurement shall be made for each 100 square feet of surface painted. All paint will be inspected for applied dry film thickness using a non - destructive magnetic gauge such as a Mikrotest Gauge or an Elkometer. The paint will also be inspected for pinholes and holi- days using a Tinker and Razor K -1 Holiday Detector. Dry film thickness, pinholes and holidays shall be inspected so that there is approximately one test for each 100 square feet of surface painted. Test- ing for dry film thickness and holidays will be done by the Owner or an independent testing labora- tory which is chosen and paid for by the Owner. General paint inspection will be done by the Owner or the Paint Manufacturer. 05 -05 STERILIZATION Prior to sterilization of the tank, the structure shall first be thoroughly cleaned by hosing down the walls, underside of the roof and floor with water. The accumulation of dirty water from the washdown process shall be wasted into the drainage system. The tank shall be disinfected by spraying with a chlorine solution of not less than 200 ppm chlor- ine. Spraying shall be accomplished by use of an attachment connected to a fire hose, and the chlor- ine solution shall be applied under pressure. Con- tact time of the 200 ppm solution shall be not less than one hour. The sterilization process shall be performed before the reservoir is filled for leakage tests. The water used for sterilization shall be drained from the reservoir prior to filling the tank for leakage tests. 05 -3 The cost of furnishing chlorine, labor, tools and equipment shall be included in the lump sum price for the project, and no separate payment will be allowed. 05 -06 SAFETY PRECAUTIONS Workmen applying the chlorine solution to the reservoir shall be protected by rubber raincoats and boots and gas masks as required to insure their protection against burns and inhaling chlorine gas. 05 -07 MEASUREMENT AND PAYMENT Payment for work performed under this item of the specifications shall be paid per lump sum as shown in the Proposal. 05 -4 TANK FOUNDATION REPORT SUMMARY OF LABORATORY TEST DATA PROJECT Ground Storage Tank SwL Project No. G- 85 -AUS -251 DA TE 12/10/85 COMPRESSION TEST . OTHER TESTS Percent Passing No. 200 Sieve • COMPRESSION Is STRAIN LATERAL PRESSURE psI TYPE FAILURE BORING NO. DEPTH IN FEET TYPE OF MATERIAL MOISTURE CONTENT DRY DENS TY ATTERBERG IIMITS LL ft PI B -1 6 -6.5 Tan weathered limestone 619 Split B -2 13 -13.5 Tan weathered limestone 1040 Split B -3 0 -2 Tan clayey gravel with sand 18 32 8 -8.5 Tan weathered limestone 571 Split B -4 0 -2 Tan clayey sand with gravel 17 13 -13.5 Tan limestone 897 Split • f : ■L.,.,`. �... " UM MiN "16 — "dm — — — — r — — `_ A -5 SOUTHWESTERN LABORATORIES i�1DVANCE TANK - cXAS, INC. FEDERAL EXPRESS Herke Ins. Center, Inc. 727 E. 86th Street Indianapolis, IND. 46240 Attention: Mary Ann Downard April 7, 1986 Reference: Contract with Round Rock, Tx. 2.0 MG Clearwell Our Job No. 86149 Gentlemen: We are enclosing seven (7) sets of Contract Documents for the above referenced job. Please execute at the places indicated, and furnish Certificate of Insurance, Performance Bond and Payment Bond for each.set and send them to Haynie & Kallman, Inc., 1106 South Mays, Round Rock, Tx. 78664, ATTN: Michael D. Vergakis, Project Engineer. These documents need to be in Haynie & Kallman's office by the 14th. If you have any questions, please let us know. Yours very truly, ADVNACE TANK-TEXAS, INC. Dennis L. Lagrimini «) DLL:lr XI Of RECEIVED APR i 01986 a?? Encls. cc: Haynie & Kallman Mr. Vergakis: Enclosed is executed copy of Acceptance of Notice of Award. P. 0. Box 7273 Beaumont, Tx. 77706-7273 . 409 -866 -7547 NOTICE OF AWARD Dennis L. Lagrimini, Vice President Advance Tank - Texas, Inc. P. O. Box 7273 Beaumont, TX 77706 PROJECT: City of Round Rock 1985 C.I.P. Water Plant Expansion 2,000,000 Gallon Clearwell Project No. 103 -799 Dear Mr. Lagrimini: The Owner has considered the Bid submitted by you for the above described work in response to its Notice to Contractors. You are hereby notified that your Bid has been accepted for items in the amount of $279,000.00. 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 7 day of (2) , 1986. / HAYNIE & KALLMAN, INC. on behalf of THE CITY OF ROUND ROCK, TEXAS ACCEPTANCE OF NOTICE V 1 f r1,,l1w../ 'Scott Linden, P.E. Receipt of the above Notice of Award is hereby acknowledged by ADVANCE TANK - TEXAS, INC., this the 7 day of APe1 L , 1986. ADVANCE TANK - TEXAS, INC.