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R-86-850 - 4/10/19864;iy • \ t„ 4\, TECHNICAL SPECIFICATIONS MISCELZ The current City of Austin Standard Construction Specifications for Water and Wastewater Department and Engineering Department are incorporated into this project by reference and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin specifications, it shall be construed to mean Haynie and Kallman. 1. Alignment shown on Plans shall be achieved by deflection in pipe and pipe joints not to exceed manufacturer's recommended maximum deflection, except where specific fittings are called for on Plans. There will be no additional pay for fittings used for deflection purposes, except for those specifically authorized by the Engineer. 2. It is the Contractor's responsibility to locate and protect all existing utilities such as gas meters, water meters, valve boxes, fire hydrants, structures and other appurtenances that lie within the construction easement. It shall be the responsibility of the Contractor to repair, at his expense, all utilities, driveway pavement, curb and gutter, sidewalk and any other items damaged during construction, regardless of whether all items are shown on the Plans. Take precautions when excavating within 25 feet of any utilities shown on plans, as shallow, live utility lines may be found within the construction easement. The location of existing overhead and underground utilities are approximate. 3. All pipe and fittings at thrust blocks shall be wrapped with 8 -mil (minimum) polyethylene film meeting ANSI- AWWAC105- current, with all edges and laps taped securely to provide a continuous and watertight wrap. 4. See Standard Details on the Plans for pipe bedding, valves, fire hydrants, and other items. 5. Dust control measures provided by Contractor at the discretion of the City Inspector. 6. Blasting, where allowed, shall be monitored under certain instances at the Contractor's expense. Include in unit price bid for pipe. Proper notification of property owners by Contractor shall be accomplished eight (8) hours prior to blasting. Refer to "Special Conditions" for monitoring locations. TS -1 7. Trees in Permanent and Temporary Construction Easements: Careful clearing shall be done under the direction of the Engineer in the easements so as to save all trees of 8" diameter and larger. No trees of 8" diameter or larger and no ornamental trees or shrubs shall be damaged or removed without written consent of the Engineer, and /or Owner. 8. When approaching existing water, sewer or any other underground utilities, the Contractor shall excavate and verify exact elevations, locations and sizes prior to'construction. When ever existing utilities present obstruction to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whether existing improvements are to be relocated, or grade and alignment of pipe changed. If grade adjustments in the proposed lines are required to pass under all existing utilities, contractor shall make such adjustments at no extra cost to the Owner. 9. All utility trenches underneath street paving shall be compacted with a vibrating tamper in 6" lifts. Density of backfilled trenches under pavement shall be tested by an independent testing laboratory as approved by the Engineer_ Such testing will be paid for by the Owner, and an authorized representative of the City of Round Rock shall be present when such tests are made. 10. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required and furnish all material and equipment for same. 11. The "Measurement and Payment" procedures shall be as included in these Specifications. Bid items in the Proposal are for specific items noted in the Plans. Any items shown on the Plans but not included as a separate pay item in the Proposal shall be considered a subsidiary item and no additional payment shall be made for such work. 12. All areas exposed during construction shall be revegetated as directed by the Engineer. Revegetation of all exposed areas shall consist of sodding, seeding or hydromulching, at Contractor's option. Acceptability shall consist of a minimum 1 -1/2" growth over 85% of the area, with individual exposed areas not to exceed 10 square feet. 13. All debris, trash, tree stumps, broken concrete, asphalt, etc. shall become the property of the Contractor and shall not be disposed of on the jobsite. TS -2 14. All concrete for concrete driveway replacement shall consist of Portland cement conforming to ASTM designation C -150 and shall be Type I unless otherwise approved or directed by the Engineer. Concrete shall have a 22 day minimum compression strength of 2500 psi (4.5 sack cement /c.y.). All aggregate and placing of concrete shall conform to Section VIA -1.15 of the City of Austin Standard Construction Specifications for Water and Wastewater. An 8" flexible base shall be placed and compacted to 95% density in 6" lifts. 15. Gravel driveway replacement shall consist of 8" flexible base compacted to 95% density in 6" lifts. 16.* The Fencing at the Chandler Creek Lift Station shall be returned to its original or better condition if disturbed during construction. Any necessary repairs caused as a result of construction shall be paid for at the contractor's expense. TS -3 *Revised per Addendum No. 1 dated 3/24/86 TECHNICAL SPECIFICATIONS WASTEWATER The current City of Austin Standard Construction Specifications of Water and Wastewater Department and Engineering Department are incorporated into this project by reference and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin specifications, it shall be construed to mean Haynie and Kallman. 1. Sewer pipe shall be Polyvinyl Chloride Pipe with a wall dimension ratio of DR 35. Except where noted on plans. 2.* Ductile Iron Pipe for construction in the Mo -Kan right -of -way shall be thickness class 50, polywrapped, 8 -mil, and meet the requirements of A21.51 (AWWA C151 and ANSI /ASTM A746). It shall have slip (push -on) joints. 3. The size of the pipe shall be as shown on the Plans and in the Bid Proposal. 4. The type of manholes shall be as shown on the Plans. 5. Cleanouts shall be constructed as shown on the Plans and shall have a minimum wall dimension ratio of DR 35. TS -4 *Revised per Addendum No. dated 3/24/86 Materials: TECHNICAL SPECIFICATIONS WATER The current City of Austin Standard Construction Specifications of Water and Wastewater Department and Engineering Department are incorporated into this project by reference and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin specifications, it shall be construed to mean Haynie and Kallman. 1. Water mains shall be Ductile Iron, Class 50, Polywrapped, 8 -mil minimum. 2. Service material shall be type "K" copper tubing or 160 psi polyethylene tubing conforming to ASTM D2737, SDR 9 with brass fittings. 3. 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 counter - clock -wise. 4. Air release valves shall be the float and lever type as manufactured by APCO or approved equal. 5. hutterfly Valves - General: All butterfly valves shall conform to AWWA Standard Specification C504 -80 rubber seated butterfly valves except as supplemented herein. All butterfly valves shall have a minimum working pressure rating of 150 psi for butterfly valves 14" and larger, and 200 psi for butterfly valves 2" through 14 ". Valve and operator arrangement shall be as shown on the plans. Operators shall be in accordance with AWWA C504 -80 and valve schedules on plans. All butterfly valves shall be from the same manufacturers. Also, all operators shall be from the same manufacturers. All valves and operators shall be of new construction. a. Bodies - Valve body shall be high strength cast iron ASTM A-,126, Class B, short body and flanged in accordance with ANSI B16.1. All internal fasteners shall be 316 stainless steel. TS -5 b. Valve Disc - Vaive discs shall be constructed of ASTM A -436, Type 1 (ni- resist), A -536 (65- 45 -12) ductile iron with 316 stainless steel edge. c. Valve Seats - Valve seats shall be a full circle 360° seat, located in the body only and not penetrated by the valve shaft and shall be of a synthetic rubber compound such as Buna N. Vaive seats for 30" and larger valves shall be easily field adjustable around the full circle 360° with standard tools and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. Manufacturer shall certify that rubber seat is field replaceable. d. Valve Shaft - Valve shafts shall be one piece or two piece Type 304 stainless steel surpassing minimum diameters as established in AWWA C504 -80. Shafts of all valves shall be turned, ground and polished. e. Shaft Seals - Shaft seals shall be self - adjusting Chevron, TFE type or 0 -Ring type. Packing shall be replaceable on 30" valves and larger without moving actuator. f. Valve Bearings - All valves shall be fitted with sleeve type bearings. Bearings shall be corrosion resistant and self - lubricating. Bearing loads shall not exceed 1/5 of the compressible strength of the bearing or shaft material. Proof of Design: Manufacturer furnishing valves and operators shall present proof of compliance with AWWA C- 504 -80. Bidders shall provide drawing and material specifications sufficient to show that proposed equipment meets this specification. Additional information required at bidding shall be general dimensions and weights. Shoo Drawings: A minimum of six (6) copies of dimensional shop drawings including operators and showing sizes, parts list and materials shall be submitted for approval. This shall include maintenance and installation manual. Painting. Testing and Tagging: All surfaces of the valve shall be cleaned, dry and free from grease before painting. The valve interior and exterior surfaces, except for sealing edges, shall have .manufacturer's standard finish. Hydrostatic and leakage tests shall be conducted in accordance with AWWA C504 -80. Each valve shall be provided with a stainless steel tag permanently attached to the valve body. Valve number shall be imprinted on tag in accordance with valve schedules on plans. TS -6 Manufacturer: The manufacturer shall have manufactured tight - closing, rubber seat butterfly valves for a period of at least five (5) years. Manufacturer shall be Keystone, BIF, Kennedy, or approved equal. Manual Operators: All manually operated butterfly valves shall be installed with a manual operator of the worm gear type or traveling -nut type, which are designed for 90° rotation. The operators shall be self- locking to prevent valve creep and flutter. The units shall be furnished with AWWA mechanical stops and shall conform to AWWA Specification C504 -80. The worm gear type operators shall be Limitorque HBC Series, or approved equal. Worm gear operators shall be provided on all valves 12" and larger. Where the centerline of the side mounted handwheel for the manual operators is greater than 6 feet above finished floor, a chainwheel operator shall be provided instead of the handwheel. Valve manufacturer is responsible for supplying proper actuator for a working installation. 6. 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. 7. Fire hydrants shall be 3 -way Mueller, improved AWWA type, with pump nozzle for 5 -1/4" fire hose, or as approved by the Engineer. A 6" gate valve and valve box shall be provided on each fire hydrant lead. 8. Sterilization of mains shall be done under the supervision of the City, and the Contractor shall perform such sterilization and furnish additional flushing valves and test connections as necessary to perform tests and sterilization. The City will be responsible for bacteriological tests. If such bacteriological tests fail, the Contractor shall be responsible for re- sterilization of the mains. Samples will not be taken from fire hydrants. 9. Minimum cover over the top of water line shall be 30" unless otherwise specified on the Plans. 10. Forty -eight (48) hours prior to connection to the existing water lines, contact the City of Round Rock, Director of Public Works, Jim Huse, 255 -3612, and follow his requirements. TS -7 11. All water mains shall include water line, valve and air release valve markers per the Standard Details shown on the Plans. 12. The exact location of gate valves, fire hydrants, etc. shall be located in the field by the Contractor, at the direction of the Engineer. 13. Push on, mechanical and flanged pipe fittings shall comply with ANSI. A 21.10. TS -8 BASIS OF MEASUREMENT AND PAYMENT 1 $ASIS OF MEASUREMENT AND PAYMENT WATER VIA -9 WATER ' Unless stated otherwise in the contract documents, it is understood that all payments made are for finished work and include all labor, tools, materials, constructing and ' completing the item on which payment is made. VIA -9.1 PIPE ' When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot, for the size and type of pipe specified, complete in place. The bid ' price per linear foot shall include all clearing, excavation, laying of pipe, backfilling and clean up. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during ' construction. Concrete blocking for supporting and reinforcing bends, concrete retards and thrust blocks shall be included in the cost for pipe. No separate payment will be made for welded joints, or harnessed joints required for thrust restraint which are ' scheduled or indicated on the drawings. VIA -9.2 FITTINGS ' Cast iron and ductile iron fittings furnished in accordance with these Specifications will be paid for according to ANSI A21.10 (AWWA C110) scheduled weights for ' mechanical joint fittings furnished. Class to be as specified in the contract documents. Short body fittings are approved. Include cost of concrete thrust blocking as ' called for in Plans. VIA -9.3 VALVES ' Valves will be paid for at the unit price bid, including valve stem casing and cover, excavation, setting and adjusting to proper grade, and anchoring in place. 1 1 1 MP -1 VIA -9.4 AUTOMATIC AIR RELEASE VALVE ASSEMBLIES VIA -9.5 FIRE HYDRANT Fire Hydrants will be paid for at the unit price bid per each and shall include all pipe, fittings and valves between the main line fitting and the fire hydrant. The main line fitting is paid for under "fittings" unless otherwise shown on the plans or Bid Proposal. VIA -9.6 VIA -9.7 CONNECTIONS Installation of automatic air release valve assemblies shall be paid for at the unit price bid per air valve installation and shall include valve pipe, fittings, box and cover, complete in place, as per the detail. ' I �_ = 4 AV *. • In cases where the bury of the fire hydrant is greater than four (4') feet, barrel extension will be paid for by the vertical foot complete in place including rod extensions, bolts and all other required accessories. Connections. shall be paid for at the unit price bid per each, complete in place, according to the size of the main that is in service and shall be full compensation for the work except that cast iron fittings and valves shall be paid for as a separate item, unless otherwise specified in the Bid Proposal. VIA -9.8 OPEN CUT CONCRETE DRIVEWAY REPLACEMENT Open cut concrete driveway replacement shall be paid for at the unit contract price bid per square yard including 8" of flexible base, complete in place. VIA -9.9 OPEN CUT GRAVEL DRIVEWAY REPLACEMENT Open cut gravel driveway replacement shall be paid for at the unit contract price bid per square yard and shall consist of 8" flexible base, complete in place. VIA -9.10 REVEGETATION Revegetation shall be paid for at the unit contract price per square yard, complete in place. MP -2 VIIA -7 WASTEWATER Unless stated otherwise in the contract documents, it is understood that all payments made are for finished work and include all labor, tools, materials, constructing and completing the item on which payment is made. VIIA -7.1 PIPE VIIA - 7.2 MANHOLES 8AS I S OF MEASUREMENT AND PAYMENT WASTEWATER When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot for the size and type of pipe specified at the depth specified, complete in place. The bid price per linear foot shall include all excavation, bedding material, fittings, plugs, pipe coatings, connection to the existing system, backfilling, disposal of surplus materials, and clean up. Measurement for depths shall be from the existing ground surface or proposed street subgrade, whichever is less, over the centerline of the pipe to the flow line of the pipe. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. When called for in the proposal, manholes shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. The cost of these should be included in bid items for manholes. VIIA -7.3 j•;XTRA DEPTH FOR MANHOLES When called for in the proposal, manholes with extra depth over eight feet (8') will be paid for at the unit contract price bid per vertical foot including all excavation, coatings and backfilling, complete in place. MP -3 VIIA -7.4 SEWER TIE -INS VIIA - 7.5 CLEAN OUT When called for in the proposal, sewer tie -ins to existing manholes shall paid for at the unit contract price bid per each for such tie -in, including all excavation, all necessary grouting, blocking and support for piping, backfilling and cleanup, complete in place. Clean outs shall be paid for at the unit contract price bid per each for the size and depth as shown on the Plans, including cast iron frame and sewer cover, complete in place. VIIA - 7.6 OPEN CUT GRAVEL DRIVEWAY REPLACEMENT Open cut gravel driveway replacement shall be paid for at the unit contract price bid per square yard and shall consist of 8" flexible base, complete in place. VIIA - 7.7 SINGLE SERVICE LATERAL Single service laterals shall be paid for at the unit price bid per each for the size of the lateral as indicated on the plans, complete in place. VIIA - 7.8 REVEGETATION Revegetation shall be paid for at the unit contract price bid per square yard, complete in place. MP -4 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 3 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 4 2.08 Royalties and Patents 4 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 5 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 7 2.16 Owner's Status 7 2.17 Completed Portions of Work 7 2.18 Materials 8 2.19 Receiving and Storage of Materials 8 2.20 Or Equal" Clause 8 2.21 Completed Work 8 2.22 Materials Furnished by the Owner 8 2.23 Protection of Property 8 2.24 Shelters for Workmen and Materials 9 2.25 Sanitary Facilities 9 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 9 3.01 Labor, Equipment, Materials and Construction Plant 9 3.02 Performance and Payment Bonds 9 3.03 Contractor's Ability to Perform 10 3.04 Superintendence and Inspection 10 3.05 Character of Employees 10 3.06 Contractor's Duty to Protect Persons and Property 11 3.07 Safety Codes 11 3.08 Barricades 11 3.09 Minimum Wages 11 3.10 Unsuitable Work or Materials 11 3.11 No Waiver of Contractor's Obligation 12 3.12 Site Clean Up 12- 3.13 Guarantee 13 i (CONTENTS CONTINUED) Page 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 13 4.02 Right of Entry 13 4.03 Owner's Inspectors 13 4.04 Collateral Work 14 4.05 Right -of -Way 14 4.06 Adequacy of Design 14 5. SCHEDULING AND PROGRESS OF WORK 14 5.01 Order and Prosecution of the Work 14 5.02 Rate of Progress 14 5.03 Sunday, Holiday, and Night Work 15 5.04 Hindrances and Delays 15 5.05 Extensions of Time 15 5.06 Liquidated Damages for Failure to Complete on Time 16 6. INDEMNITY 16 6.01 Contractor's Indemnity Provision 16 6.02 Workmen's Compensation Insurance 17 6.03 Comprehensive General Liability Insurance 17 6.04 Owner's Protective Insurance 17 6.05 Comprehensive Automobile Liability Insurance 18 6.06 Insurance Certificate 18 7. TERMINATION OF CONTRACT 18 7.01 Right of Owner to Terminate 18 7.02 Right of Contractor to Terminate 18 7.03 Removal of Equipment 19 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 19 8.01 Notification of Contractor 19 • 8.02 Retention of Contractor's Equipment and Materials by Owner 19 8.03 Methods of Completing the Work 19 8.04 Final Acceptance 20 8.05 Disposition of Contractor's Equipment 20 9. MEASUREMENT AND PAYMENT 21 9.01 Character of Measurements 21 9.02 Estimated vs. Actual Quantities 21 9.03 Payment 22 9.04 Monthly Estimates and Payments 22 9.05 Certificates of Completion 22 9.06 Final Estimate and Payment 23 9.07 Notarized Affidavit 23 9.08 Release of Liability 23 9.09 Contractor's Obligation 23 9.10 Payments Withheld 24 ii 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT 1.01 Calendar Day. A calendar day shall be the 24 hour period from one midnight to the next consecutive midnight. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance and Payment Bonds; the General Conditions of the Agreement; the Special Conditions of the Agreement; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complimentary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Enaineer. "Engineer" shall mean Haynie & Kallman, Inc., or such other Engineer, supervisor, or inspector who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within 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. 1.06 Owner. "Owner" shall mean the CITY OF ROUND ROCK, named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. GC -1 1.07 Plans. "Plans" shall mean and include (a) all drawings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engineer 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 Contractor to the Owner when and as approved by the Engineer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepared by the Owner as a basis for proposals, (b) all supplementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use 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 furnished 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 principal 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. 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 delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. GC -2 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 litigation 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 Contract; that he shall determine all questions in relation 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 findings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided, however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required 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. 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 alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If they increase the amount of work and the increased work can fairly be classified under the specifications, such GC -3 increase shall be paid for according to the quantity actually done and at the unit price established for such work under this contract; otherwise such work shall be paid for as provided 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 preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. the Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 josses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 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 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 employees or his subcontractors and their employees. 2.07 Licenses, Permits and Certificates. Except as hereinafter 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 required 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 invention used by him in connection with the work done or material furnished under this GC -4 Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Keeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with three (3) sets of executed Plans and specifications without expense 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 accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations 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 Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". GC -5 It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or 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, craftsmen, 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) transporation charges necessarily 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 expenses; (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 premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and the type and kind of machinery and GC -6 equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be 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 superintendence_ 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 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 responsible 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 written notice from the Owner_ 2.16 , er's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor 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 completed 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. GC -7 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 Receivina 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 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 Contract Documents. 2.21 Completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 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. The provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated 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 utilities. . GC -8 1 ' The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he 1 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. 1 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 maintained in a manner satisfactory to the Engineer. 1 2.25 Sanitary Facilities. Necessary sanitary toilet facilities 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 1 approved by the Engineer. Their use shall be strictly enforced. 1 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, 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 protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in 1 1 GC -9 1 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 performance and payment bonds shall be acceptable according to the latest list of companies holding certificates 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. 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 inventory and records showing the satisfactory completion 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 Contract ", 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 competent 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 superintendent 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 supervision 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 employ 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 - standard character by reason of carelessness, incompetence, or inexperience on the part of the workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. GC -10 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 reasonable 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 anyway connected with the performance of this Contract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the performance of this contract unless necessary to its performance, and in that event the Contractor shall provide 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 nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor 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 Municipal 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 except where incompatible with Federal, State, or Municipal 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 prevailing 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 wage 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 GC -11 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, 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 deducted 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 accepted 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 with 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 accordance with the specifications for said work, all expense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 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 period. 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 conduits, shall tear down and remove all temporary structures built by him, shall remove all rubbish of every kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. GC -12 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 judgement 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 Contractor's expense; provided, however, that in case of an emergency where, in the judgement 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 RESPONSIBILITJEZ, 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, 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 Contractor, and in case of careless destruction or removal by him or his employees such stakes, marks, etc. shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Ent_y. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing 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, supervisors, or inspectors as the said Owner may deem necessary to inspect the material furnished and the work done under this Contract, to see that the said material 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 instructions of the Engineer, supervisors, or inspectors so appointed when such directions and instructions are consistent with the obligations of this Contract. GC -13 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. 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, sufficiency of the I Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has complied with the requirements of ' the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance I shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 1 5. SCHEDULING AND PROGRESS OF WORK I 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 I his work at such times and seasons in such order of precedence and in such manner as shall be most conducive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as I 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 I any part of parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or ' to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engineer full information in advance as to his plans for carrying on any I 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 ' GC -14 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 increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor"; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday, and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. 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 complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, 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 judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, 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 neglect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, ox 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 determined by the GC -15 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 contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the owner may withhold permanently from the Contractor's total compensation, not as a penalty but as liquidated damages, the sum per day given in the following schedule: 6. INDEMNITY 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 -16 $ 30.00 35.00 40.00 50.00 70.00 200.00 300.00 400.00 500.00 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 Contract, the Contractor shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgements, decrees, and expenses 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 allegedly caused, by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, workers, material persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontractors or their employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive 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 completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance". GC -17 1 ' 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract 1 and until all work under said Contract 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, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage ' shall not be less than the following: Bodily Injury $100,000 each person 1 $300,000 each accident Property Damage ,$ 50,000 each accident 1 6.06 Insurance Certificate. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04 and 6.05 above, the Contractor shall furnish the Owner with a certificate 1 verifying said insurance. Said certificate shall state that . the Owner shall be given 10 days advance written notice before any provisions of the policies are changed or in the event 1 said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract_ 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be 1 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 1 without prejudice to any other resources 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 1 of the work and all material, equipment, tools, and appliances thereon and may finish the work in accordance with the provisions of Section 8 "Abandonment of Contract by 1 Contractor ", of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped 1 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 substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the 1 Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 1 GC -18 7.03 itemoval 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 ten (10) days after receipt of the notice. Should he fail to do so within ten (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 ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having 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 Mater als by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connection with extra work where credit shall be allowed as provided for under Section 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 settlement. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for completion herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a_ The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to GC -19 said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contractor under and by virtue of this 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 Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by 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 fourteen (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 Contractor 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 provided shall be issued. A complete itemized statement of the Contract accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. 8.05 pisposition of Contractor's Eouipment_ In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay . GC -20 the amount due, the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition.' After mailing or other giving of such notice, such property shall be held 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 fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 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 specifically provided. 9.02 Estimated vs. Actual Quantities. Any and all estimated 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 quantity 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 estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised GC -21 consideration on the portion of the work above or below 25 percent of the estimated quantity prior to initiating work or furnishing materials for the overrun or underrun quantities. Such revised 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 material 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 approximate 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 Contractor 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 recommendation 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 accordance with the plans, specifications and Contract. If so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract. GC -22 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued, the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished 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 fifteen (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 understood 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 entitled "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 consents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contractor 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 person relating to or affecting the work. 9.09 Contractor's Obliaation. Neither the Contract Completion Certificate nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. GC -23 9.10 Payments Withheld. The Owner may, on account of subsequently 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 properly 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 -24 SPECIAL CONDITIONS OF AGREEMENT SECTION 01 - INFORMATION 01 -01 - ENGINEER SPECIAL CONDITIONS OF THE AGREEMENT The word "Engineer" in these Specifications shall be understood as referring to Haynie & Kaltman, Inc., 1106 South 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) counterpart (original signed) sets. Owner will furnish Contractor with three (3) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from Engineer at commercial reproduction rates plus 20% for handling. 01 -03 - CITY OF AUSTIN STANDARD SPECIFICATIONS The City of Austin Standard Construction Specifications for the Water and Wastewater Department are incorporated into this project by reference and they shall be applied to this project except as modified in TS:1 Technical Specifications attached herein and as modified on the interpretation over the City of Austin Standard Specifications. 01-04 - LIOUIDATED 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 extensions of contract time which are authorized hereunder, the sum of $70.00 per calendar day, which sum is by the execution 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 Contractor under this Contract, and in the event such damages exceed the sum due or to become due the Contractor hereunder, the latter shall be liable to the Owner for such difference. SC -1 01 -05 - TIME OF COMPLETION 01 -06 - OWNER 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. The Owner shall be the party or 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. SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 - CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 - "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 is in the process of finalizing easements, permits and site acquisition for lands upon which work is to be done. It is possible that delays on acquisition of some of the property owner's lands for easements may occur. In such cases, the Contractor shall schedule his work on easements and right - - ways that already have been acquired while such easement acquisition procedures are in progress. No extra cost to contractor shall be due by Owner for any delays caused by easement acquisition, but Owner may extend the calendar days of the contract, if delays occur. sC -2 Within private lands, a 15 -foot or 20 -foot wide permanent easement and an additional temporary construction easement is provided for the Contractors use with conditions as follows: 15 -Foot or 20 -Foot Wide Permanent Easement - The Contractor has full use of the permanent easement for construction of the proposed improvements except for preservation of 8" diameter and larger trees. Trees to be saved with limbs in the way of construction shall be neatly trimmed with a chainsaw or a handsaw, if such limbs interfere with the construction operations. Temporary Easement - (Varying width as shown on Plans) - The Contractor has limited use within the temporary construction easement. The temporary easement is shown on the Plans either straddling both sides of the permanent easement or along one side of the permanent easement. In either case, the temporary easement has been provided for construction operations. Ng clearing of existing trees is allowed within the temporary easement or at any other location within the temporary . easement or at any other location on the private lands without express written permission from the Engineer or Landowner. If the Contractor damages or kills any trees within the temporary easement without express written permission from the Engineer 21 Landowner, he shall purchase new trees of the same type and size and re -plant them in the same location. Clearing of brush and small cedar trees may be allowed, if absolutely necessary for the construction operations, but such clearing shall be allowed only after written permission of the Engineer pi. Landowner is given. The temporary construction easement has been provided for temporary storage of construction materials, cleared materials from the permanent easement and excavated materials from trench excavation. Clean-up shall be done on each tract of land as the work progresses. For instance, after the pipe is installed on one Landowner's tract, the Contractor shall immediately begin clean-up operations on that tract of land. All dead trees and brush shall be removed from the permanent easement and the temporary easement. All excavated materials from the trench, not acceptable for use in trench backfill shall be removed from the tract, unless the Contractor makes other arrangements with the Landowner. All materials brought in by the Contractor shall be removed from the tract. In essence, the areas affected by the construction shall be left in a cleaner, neater manner than prior to construction. SC -3 hip burning of trash, dead trees, and brush or any other materials shall be allowed. The Contractor shall be liable to the Landowner for any injuries to cattle or other stock caused by animals falling in trenches oK escaping through gates or fences being left open or injured or lost in any other way. The Contractor will make fair and equitable settlement with the Landowner for such damages prior to the 10% final retainage being released. The possession of firearms or other weapons on Landowners property is strictly forbidden in order to preserve the wildlife on the tract. The Contractor shall provide portable toilets within reasonable walking distance of the construction operations to maintain sanitary conditions on the job. All fences damaged by the Contractor shall be replaced at the Contractor's expense with new materials of the same type construction orr other types as approved by the Landowner. All fences and gates shall remain intact and closed to prevent the loss of ranch stock. The permanent easement shall be used for the Contractor's ingress and egress to the tracts. All materials including pipe, appurtenances, bedding, concrete and other items shall be brought in along the permanent easement unless other arrangements are made between the Landowner, and the Contractor. The Contractor shall provide, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. A shaker bucket with 8" or smaller openings shall be used to backfill trench above select bedding, unless Owner's inspector deems such method unnecessary when backfill material is void of rocks larger than 8" in its greatest dimension. 02 -04 - UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services during construction. No additional payment will be made for this item. SC -4 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 acceptance by City Council of final estimate. Upon notice from Owner, contractor shall repair defects in all construction which develops during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documente 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, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with Owners of utilities. Owner will not be liable for damages on account of delays due to changes made by Owners of privately owned utilities which hinder progress of work. 02 -07 - CONSTRUCITON INSPECTION The Owner shall provide an inspector to review the quality of materials and workmanship. 02 -08 - LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Owner, as shown on the Drawings or described in the Contract Documents and Technical Specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any questions arising as to the limits of work shall be left up to the interpretation of the Engineer. SC -5 02 -09 - ALASTING FOR TRENCH EXCAVATION The City of Austin Blasting Ordinance shall be enforced on this project. Copies of the ordinance are available at no cost from the City of Austin Engineering Department, Permits Section, 301 W. 2nd Street, Austin, Texas. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly flammable materials, shall conform to Federal, State and Local Laws and Ordinances. The Following is a list of requirements in addition to Federal, State and Local Laws and Ordinances: 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty -four (24) hours prior to using explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be rquired. 2. The Contractor shall notify the City of Round Rock, Public Works Department, 255 -3612, at least twenty -four (24) hours prior to the use of explosives. 3. Explosive materials to 'be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineer. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the Inspector, the permit, or by safety blasting practices. 5. The Engineer or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. SC -6 SECTION 03 - INSURANCE 6. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. (The Contractor is fully responsible for all claims resulting from his blasting operations.) 7. Monitoring by an independent testing laboratory is required when blasting within 500 feet of any structures. All slabs within 500 feet shall be inspected by the Contractor and testing laboratory representative before and after the blasting occurs. The cost of the testing labs services shall be borne by the Contractor. 8. The Contractor shall acquire a blasting permit from the City of Round Rock. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. 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 principal types of insurance which will be necessary are: Rublic Liability and Property Damage to protect the Contractor, 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. SC -7 Worker's Compensation and Employer's Liability Insurance guilder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. SECTION 04 - PREVAILING WAGE SCALE - NOTIQE 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 leas than the minimum wage scale. 2. In execution of this contract, the contractor must comply with all applicable state and federal laws, including but not limited to laws concerned with labor, equal employment opportunity, safety, and minimum wage. 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 subdivision of whose behalf the contract is made or awarded ten dollars ($10.00) for each laborer, workmen 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 - contractor under him, and the said public body awarding the contract, shall cause to be inserted in the contract a stipulation to this effect." SC -8 PROPOSAL TO CITY OF ROUND ROCK FOR THE CONSTRUCTION OF THE PALM! VALLEY CHURCH - WATER AND WASTEWATER IMPROVEMENTS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that his proposal is made without collusion with any other person, form or corporation; that he has carefully examined the form of contract, Notice to Contractors, inviting bids, conditions or classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specification 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 increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within ten (10) days after written Notice to Proceed has been given. Page 1 of 8 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 contract documents. KNOWLEDGE OF LOCAL CONDITIONS FIND 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 30 calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest 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 addenda: Addendum No. Dated 1 3/24/86 - Page 2 of 8 1 1 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the above Proposal is ' hereby respectfully submitted by: Ram Excavating Co. 3/31/86 Name of Contractor Date 1 1 Bobby Morris 3/31/86 Executed by (Name) Date 1 'P.O. Box 9428 (512)837 -7451 Business Address Telephone Number 1 Austin Texas 78766 City State Zip (Seal if Bid is by a Corporation.) 1 ATTEST: 1 1 1 ' NOTE: Original hand written proposal is on file in the Engineer's office 1 Page 3 of 8 1 JOB NAME: PALM VALLEY CHURCH-WATER & WASTEWATER IMPROVEMENTS LOCATION: ROUND ROCK, TEAS OWNER: CITY OF ROUND ROCK Gentlemen: Pursuant to the foregoing Notice to Contractors and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Water and Wastewater Improvements, to serve Palm Valley Church 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 Unit Item ouantity alit and Written Unit Price Price Amount 1 548 L.F. 6" D.Z. Water Line, complete in place per linear foot for Twelve and Seventy 2 267 L.F. 2" Service Water Line, complete in place per linear foot for Seven and Forty 3 1 Ea. Tie-in to existing 6" Water Line at Sta- tion 1 +48,complete in place per each for Three Hundred Dollars and No PROPOSAL BIDDING SHEET WAT IMPROVEND=DITS 4* 1 Ea. Single service connection including meter box and fittings at Station 9 +13 shown in detail, complete in place per each Page 4 of 8 *Revised per Addendum No. 1 dated 3/24/86 Dollars Cents $ 12.70 $ 6,959.60 Dollars Cents $ 7.40 $ 1,975,80 Cents $ 300.00 $ 300.00 for Three Hundred Dollars and No Cents $ 300 00 $ 300.00 1 1 1 1 1 1 1 1 for Twelve Dollars ' and No Cents $ 12.00 $ 1.027.20 8 0.15 Ton Cast Iron Fittings, including Concrete Blocking, complete in place per ton 1 for Three Thousand Dollars and No Cents $3000.00 $ 450,00 II 9 790 S.Y. Revegetation, complete in place per square yard ' for No Dollars and Ei4htV Cents $ 0.80 $ 632.00 1 1 1 1 1 1 1 Bid Item Ouantitv unit WATER IMPROVEMRNTS Item Description Unit and written Unit Price Price Amount 5 1 Ea. 5 -1/4" Fire Hydrant Assembly, including 6" D.I. Lead & 6" Gate Valve, not inclu- ding C.I. fittings, complete in place, per each for One Thousand Dollars and No Cents ; 1.000.00 $ 1.000,00 6 31.1 S.Y. Open cut concrete driveway replacement, complete in place per square yard for Sixteen Dollars and No Cents $ 16.00 $ 497,60 7 85.6 S.Y. "Open Cut Gravel Base Driveway Replace- ment, complete in place per square yard TOTAL WATER IMPROVEMENTS $ 13.142.20 (Items 1 thru 9) Page 5 of 8 Bid Item Duantitv Unit 1 338 L.F. 6" D.I. Sewer Line, All Depths, complete in place per linear foot for Twelve and Seventy 2 406 L.F. 4" Sewer service lateral 0-8' depth, complete in place per linear foot for Six and Seventy Five and Twenty Five for Seven and Thirty WASTEWATER IMPROVEMENTS Item Description Unit and Written Unit Price Price 3 65 L.F. 4" Sewer service lateral 8- 10'Depth, complete in place per linear foot for Seven Dollars 4 1105 L.F. 6" PVC DR 35 Sewer Line, 0-8' Depth, complete in place per linear foot 5 680 L.F. 6" PVC DR 35•Sewer Line, 8 -10' Depth, complete in place per linear foot for Seven Dollars and Eighty Cents $ 6 110 L.F. 6" PVC DR 35 Sewer Line, 10 -12' Depth, complete in place per linear foot for Eight Dollars and Thirty Cents $ 8.30 $ 913,00 7 25 L.F. 6" PVC DR 35 Sewer Line 12 -14' Depth, complete in place per linear foot for Eight and Eighty Page 6 of 8 Amount Dollars Cents $ 12.70 $ 4.292.60 Dollars Cents $ 6.75 $ 2.740.50 Cents $ 7.25 $ 471.25 Dollars Cents $ 7.30 $ 8,066.50 7.80 $ 5,304.00 Dollars Cents $ 8.80 $ 220.0Q Bid Item Description Item Ouantitv Unit and Written Unit Price 8 5 Ea. Standard Manhole, complete in place per each for Eleven Hundred Dollars and No Cents $1100.00 $ 5.500.00 9 2 Ea. Standard Manhole with Bolted Gasketed Cover, complete in place per each for Fifteen Hundred Dollars and No Cents $ 1500.00 $ 3.000.00 10 1 Ea. Standard Manhole with Bolted Gasketed Cover and Vent, complete in place per each for Twenty -One Hundred Dollars and No Cents $2100.00 $ 2,100.00 11 9 V.F. Extra Depth for Manhole greater than eight (8) Foot Depth, complete in place per vertical foot for One Hundred Dollars and No Cents $ 100.00 $ 900.00 12 2 Ea. Clean-Out, all depths complete in place per each for Three Hundred Dollars and No Cents $ 300.00 $ 600.00 13 1 Ea. 4^ Sewer Service Lateral at Station 10+15, complete in place per each for Three Hundred Fifty Dollars and No Cents $ 350.00 $ 350.00 14* 1 Ea. Tie -in to existing manhole at Chandler Creek Lift Station, complete in place per each for Five Hundred Dollars and No Page 7 of 8 *Revised per Addendum No. 1 dated 3/24/86 Unit Price Amount Cents $ 500.00 $ 500.00 Bid Item Quantity Unit 15 28 S.Y. Open Cut Gravel Base Drive replacement, complete in place per square yard for Twelve and No 16* 140 S.Y. Open Cut Asphalt Driveway replacement, complete in place per square yard for Nineteen and No Item Description and Written Unit Price 17 2100 S.Y. Revegetation, complete in place per square yard TOTAL WASTEWATER IMPROVEMENTS (Items 1 thru 17) TOTAL WATER & WASTEWATER IMPROVEMENTS Page 8 of 8 *Revised per Addendum No. 1 dated 3/24/86 Unit Price Amount Dollars Cents $ 12.00 $ 336.00 Dollars Cents S 19.00 $ 2,660.00 for No Dollars and Eighty Cents $ 0.80 $ 1.680.00 $ 39.633.85 $ 52 776.05 ' iao^ 6� _. 6N ®N1DIIN l CO. 6000 N. LAMAR • SUITE 200 • AUSTIN, TEXAS 78752-4497 BID BOND Know all men by these presents: That Robert A. Morris dba RAM Excavating (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Round Rock (hereinafter called the Obligee) in the full and just sum of ($ 5% of Greatest amount bid ) nollars good and lawful money of the United States of America, to the payments of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 25th day of March 1986 ' THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Palm Valley Church water and wastewater improvements. according to the terns of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Robert A. Morris orris dba RAM Excavating Witness: d / / ,/..' , . db jig , Principal Attest: ,.1 / MERCHANTS BON I G COOM „ ANY (Mutual) ai,„ rz ( A . (--/Z, 7 0./ By -ill Cil� ,a Kim McConnell Su Attorney —in —Fact 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized wrier the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these pesents make, constitute and appoint of Austin and State of Texas its cue and lawful Attomey -in -Fact, with full power and authority heeby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any and all bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the sum of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attomey is made and executed pursuant to and by authority of the following By-Law adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARIICLE 2, SECTION SA. — "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, mcognizances, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice Presidents, and its corporate seal to be hereto affixed, this 1st day of January A.D., 19 85. Attest. MERCHANTS BONDING COMPANY (Mutual) STATE OF IOWA COUNTY OF POLK MERCHANTS BONDING COMPANY — Mv1vAI. DES MOINES, IOWA POWER OF ATTORNEY r 9- On this 1St day of ' January , 19 85 , before me appeared M.1. Long and William Warner, to me personally known, who being by me duly swam did say that they are Vice Presidents respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and scaled in behalf of said Corporation by authority of its Board of Directors. - In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa doe day and year first above written. • • 3e2 IOWA 'm•. ,• • ZO )•, q • ..... s* STATE OF IOWA RIA COUNTY OF POLK u. ,,,,.,,...,f .a,,.n.v....,,,.. Kim McConnell 1, M. 1. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do herepytoertify, the above and foregoing is a tree and correct copy of the POWER OF ATTORNEY executed by said.t poNDING COMPANY (Mutual), which is still in force and effect. 3' • In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Company, at �•^ �o9 s '� this 25th day of March 19, 86 IS CONTINUOUS By • tNGCD. ‘ PO• am • S y .0! `°: e • Y President pr G. 4 9w H dMn Noma Public, Pofk [wily. lira My Co.unasion Egfrs 8/4/86 THE STATE OF, TEXAS COUNTY OF { { THIS AGREEMENT, made and entered into this day of , 1986, A.D. by and between CITY OF ROUND ROCK, Williamson County, Texas, acting through Mayor Mike Robinson, thereunto duly authorized 80 to do, Party of the First Part, hereinafter termed OWNER, and RAM EXCAVATING CO. of the City of Austin, County of Travis and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and 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: PALM VALLEY CHURCH - 'WATER AND WASTEWATER IMPROVEMENTS further described as the work covered by this specification consists of .furnishing all labor, equipment, appliances, .and materials, and performing_a11 operations in connection with the excavation, installation of pipe lines and appurtenances, backfilling and compaction of trenches complete in accordance with the Plans, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by HAYNIE & KALLMAN, INC., 1106 South Mays, Round Rock, Texas 78664, herein entitled the ENGINEER, each of which had been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment and Maintenance Bonds 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 complete the same within 30 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 executed this Agreement in the year and day first above written. CITY OF ROUND ROCK Party of the First Part (OWNER) ATTEST: (T 'e following to be executed if the Contractor is a Corporation). I, , certify that I am the Secretary of the Corporation named as Contractor herein; that , who signed this Contract on behalf of the Contractor was then (official title) of said Corporation, that said Contract was duly signed for and on behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. (Corporate Seal) Bv: Page 2 of 2 RAM EXCAVATING CO. _ Party of the Second Part (CONTRACTOR) ATTEST: Signed: THE STATE OF TEXAS COUNTY OF Williamson PERFORMANCE BOND { { Bond #TX- 404740 KNOW ALL MEN BY THESE PRESENTS, THAT RAM Excavating of the City of Austin County of Travis , and State of Texas as principal, and Merchants Bonding Company (Mutual) authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF ROUND ROCK (OWNER), in the penal sum of Fifty Two Thousand Seven Hundred Sev my -Six and fl /100 Dollars ($ 52,776.05 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 IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PB -1 1 1 1 1 1 1 1 1 1 By `AZ -, Title pc✓/JG,r' Address 7L o — W rflAf f' ��• P∎o4, \x. 7s7Z7 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 anyway 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 the 15th day of April 19 86 . RAM Excavating Principal PB -2 Surety Merchants Bonding Company (Mutual) B y s( 1 �� Titl4im McConnell, Attorney -in -Fact ' ) Address 6000 N. Lamar, Suite 200 Austin, Texas 78752 1 The name and address of the Resident Agent of Surety is: Fielder, Remley & Tilton, Inc., P.O. Drawer 1110, Lockhart, TX 78644 1 1 1 1 1 1 1 1 1 1 V1r Prrardrnr r/ 1 1 1 1 1 1 1 1 STATE OF IOWA COUNTY OF POLK sr. MERCHANTS BONDING COMPANY - MUTUAL DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of lowa, hath made, constituted and appointed, and does by these pesents make, constlte and appoint Kim McConnell of Austin and Slate of Texas its tote and lawful Anomey -in -Fact, with fun power and authority hereby conferred In its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any and all bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the sum of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the aces of said Attorney, pursuant to the authonty herein given, are hereby ratified and conftmted. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -law adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 5A — "The Chairman of the Board or [resident or any Vicc President or Secretary shall have power and authonty to appoint Attorneys -in -Fact, and to aulhonze them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice Presidents, and its corporate seal to be hereto affixed, this 1 st day of January A.D., 19 85. Attest: MERCHANTS BONDING COMPANY (Mutual) By • 131H • • J N • 3 : Vier Prerdry � D �NES. ;.. 00 this 1st day of January , 19 85 , before me appeared MI. Long and William Warner, to me personally known, who being by me duly swam did say that they are Vice Presidents respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation descnbed in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and scaled in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above wntten. ••� G • BquN •. IOWA •• 1.0).** 't91 AL �F STATE OF IOWA COUNTY OF POLK p 8.* Notary Public. Polk County, Iowa My Comm... &porn 8/4/86 1, M. 1 Long. Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby,a eilfy, at the above and foregoing is a eve and correct copy of the POWER OF ATTORNEY, executed by said.t4liy3OE . 4. ONDING COMPANY (Mutual), which is still in force and effect. . n , oP WOW. • 4 ...-o% In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Company, at • this 15th day of April 19 ' 86 THE STATE OF TEXAS COUNTY OF Williamson ($ 52,776.05 PAYMENT BOND { { KNOW ALL MEN BY THESE PRESENTS, THAT RAM Excavating , of the City of Austin County of Travis and State of Texas as Merchants Bonding Company (Mutual) principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF ROUND ROCK (OWNER), in the penal Fifty Two Thousand Seven Hundred sum of Seventy -Six and 05/100 Dollars for the payment whereof, the said Principal NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the sai Principal shall pay all claimants supplying labor and material to him or subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in fu] force and effect; Bond #TX- 404740 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. 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. PB -3 Surety, for value received, stipulates and agrees that 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 anyway 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 15th day of April 19 86 . RAM Excavating Title n �/.er Address Zo06 /L4f'/46!' L 1. Address lau ■r. 1X. ? 7Z7 The name and address of the Resident Agent of Surety is: Fielder, Remley & Tilton, Inc., P.O. Drawer 1110, Lockhart, TX 78644 PB -4 Merchants Bonding Company (Mutual) Surety By Title Kim McConnell, Attorney -in -Fact 6000 N. Lamar, Suite 200 Austin, Texas 78752 MERCHANTS BONDING COMPANY — MUTUAL— DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, bath made, constituted and appointed, and does by these pesents make, constitute and appoint Kim McConnell of Austin and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any and all bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the sum of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to .the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, arc hereby ratified and confirmed. This Powerof- Attomey is made and executed pursuant to and by authonty of the following By -law adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 5A. — "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof, MERCHANTS BONDING COMPANY (hfumal) has caused these presents to be signed by its Vice Presidents, and its corporate seal to be hereto affixed, this 1st day of January A.D., 19 85 . Attest. MERCHANTS BONDING COMPANY (Mutual) STATE OF IOWA COUNTY OF POLK si g/ "---- By r Prrndem • c.N 33 f. 1 y :, 4• °: 3 : wrr Pre dm On this 1 st day of January , 19 85 , before me appeared M 1. Long and William Warner, to me personally known, who being by me duly swam dal say that they are Vice Presidents respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation descnbed in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authonty of its Board of Directors. In Testimony Whcrcof, 1 have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. G. Sea *.e Notary Pubbr, Palk Ceuno,, lot. My Communion Expire.. 8/4/86 I, M. 1. Long. Vice President of the MERCHANTS BONDING COMPANY (Mutual), do bereplt.oertify, at the above and foregoing is a we and correct copy of the POWER OF ATTORNEY. executed by said4Rskafik 19 •pONDING COMPANY (Mutual), which is still in fume and effect. 0 .. oAPoi•• ?i •• In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at "•^ . =s'• z • this 15 th day of April 19, 86 - -- - - -- — THE STATE OF TEXAS COUNTY OF Williamson { { MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we RAM Excavating Bond No. TX 404740 as Principal, and Merchants Bonding Company (Mutual) a Corporation organized under the laws of the State of Iowa as Surety, are held and firmly bound unto City of Round Rock as Fifty Two Thousand Seven Hundred Obligee, in the penal sum of Seventv - Six and 05/100 ($ 52,776.05 to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed Palm Valley Church water and wastewater improvements WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of one year after approval by City of Round Rock against all defects in workmanship and materials which may become apparent during said period; MB -1 NOW, THEREFORE, THE CONDITION 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 15th day of April , 1986. RAM Excavating Merchants Bonding Company (Mutual) Principal By Title oohl_I- Address 7006 MB -2 Surety By ,,3.'; ".,0 Title Kim McConnell, Attorney -in -Fact Address 6000 N. Lamar, Suite 200 Austin, TX 78752 The name and address of the Resident Agent of Surety is: Fielder, Remley & Tilton, Inc., P.O. Drawer 1110, Lockhart, TX 78644 Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these pesents make, constitute and appoint Kim McConnell of Austin and State of Texas its true and lawful Anomey -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: Any and all bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the sum of'ONE HUNDRED THOUSAND ($100,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Anomey, pursuant to the authority herein given, arc hereby ratified and confirmed. This Power- of- Attomcy is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 5A — "The Charmtan of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, rccognizances, contracts of indemnity and other writings obligatory in the nature (hereof." In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice Presidents, and its corporate seal to be hereto affixed, this 1st day of January A.D., 19 85. Attest MERCHANTS BONDING COMPANY (Mutual) gl A a 6eN N ee President ff// 0 ' i Vice Preside., ' J�'y ' • STATE OF IOWA COUNTY OF POLK MERCHANTS BONDING COMPANY — MUTUAL — DES MOINES, IOWA POWER OF ATTORNEY 00 this 1st day of January , 19 85 , before me appeared M f. Long and William Warner, to me personally known, who being by me duly sworn did say that they are Vice Presidents respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation dcscnbcd in the foregoing instrument, and that the Seal affixed to the said instrument is Ilse Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Bean! of Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year fast above written. `{/ G 8WNb%P Notary Publa. Pon County. Iowa Fry Communion Erpver 8/4/86 1, M. I. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby.oatifiy.that the above and foregoing is a we and correct copy of the POWER OF ATTORNEY, executed by said. t 141•DONDING COMPANY (Mutual), which is still in force and effect. Ira : . In Witness Whereof, 1 have hereunto set my hand and affixed the seal of the Company. at this 15th day of April 19, 86 19 s � • • la " dfNE S !�•• r.. –..1(‘ i • ' STATE Or COUNTY MUTUALRINFU lis is to certify that STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois • ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ,s in force for Robert A. Morris, Jr. DBA RAM Excavating Co. Name Pt Poh0yaotler ' 2006 Parmer Lane Add1O of PohcyhONO `abon of operations 'a following coverages for the periods and limits indicated below. 1 I The above Insurance includes (applicable If Indicated by ® ) 1 1 POLICY NUMBER POLICY NUMBER 1 4- 1141- B06 -53B 1 4- 1140- B0u -53D 1 1 1 1 1 1 Austin, TX 78727 TYPE OF INSURANCE ComprehensIVe General Liability ❑ Marers' and Cont Liabilit ❑ Owners, Landlords' and Tenant Liability ❑ PRODUCTS- COMPLETED OPERATIONS ❑ OWNERS' OR CONTRACTORS' PROTECTIVE LIABILITY ❑ CONTRACTUAL LIABILITY ❑ BROAD FORM PROPERTY DAMAGE ❑ BROAD FORM COMPREHENSIVE GENERAL. LIABILITY TYPE OF INSURANCE ❑ Watercraft Liability 14 ability Ins. 84 Chev. PU Inability Ins. R6 Tart A EXCESS LIABILITY ❑ UMBRELLA ❑ OTHER POLICY PERIOD (elf leap.) POLICY PERIOD (811,/exp.) 2 -6- 86/8 -6 -86 2- 6- 86/8 -6 -86 LIMITS OF LIABILITY to Dual Limits 100 BODILY INJURY Each Occurrence S 100.000 Aggregate S 300,000 PROPERTY DAMAGE • Each Occurrence $ • Aggregate' $ 100,000 ❑ Combined Single Limit for BODILY INJURY AND PROPERTY DAMAGE Each Occurrence 1 Aggregate S CONTRACTUAL LIABILITY LIMITS (11 different than above) BODILY INJURY Each Occurrence 5 PROPERTY DAMAGE Each Occurrence $ Aggregate $ ❑ Combined Single Limit for. BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ Aggregate S NOTE Workmen'shVorkers' Com. pensabon-Coverege ❑ Employer's Liability - Coverage B Policy #994-1141-1306 538 also covers a 182 Lager (railer. 'Aggregate hot applicable d Owners'. Landlords' and Tenants' Liability Insurance excludes structural alleratlans, new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED r CITY OF ROUND ROCK Round Rock, TX Coverage A STATUTORY Coverage B $ April 15, 1986 Sig aWre of Authorized Representative Agent Title 1 1 1 1 1 1 1 FIELDER, REMLEY & TIL Box 1110 Lockhart, Texas 78644 472 -4614 This is to certify that policies of Insurance listed below have been issued to the Insured named above and are m force at thi time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued o may pertain, the insurance afforded by the policies described herein Is subject to all the terms, exclusions and conditions of such policies. M PTAN ER E TYPE OF INSURANCE GENERAL LIABILITY A /L} COMPREHENSIVE FORM AUTOMOBILE LIABILITY ❑ COMPRE FORM ❑ 05510 ❑ HIRED ❑ NON -OWNED EXCESS LIABILITY ❑ UMBRELLA FORM ❑ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY POLICY NUMBER GL128815200 MEN" JF1 AMERICAN GENERAL COMPANY INA OF TEXAS (TNCARP) LETTER LA COMPANY C LETTER COMPANY LETTER COMPANY E LETTER POLICY EXPIRATION DATE 3 -7 -87 3 -19 -87 Limits of Liabil ty inlhousands (000) BODILY INJURY PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY (EACH PERSON/ BODILY INJURY (EACH ACCIDENT) PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE COMBINED 719TAC BODILY INJURY AND PROPERTY DAMAGE COMBINED STATUTORY EACII OCCURRENCE 5 500 100 PERSONAL INJUIIY b 100 AGGREGATE $ 500 300 ,Ew „al uum. :TT - sx t� t it PREMISES— OPERATIONS ❑ EXPLOSION AND COLLAPSE I , DER RD Lr'J UNDERGROUND HAZARD :�� PRODUCTS /COMPETED OPFRATIONS HAZARD NM © CONTRACTUAL INSURANCE © BROAD FORM PROPERTY „�..--II DAMAGE ELI INDEPENDENT CONTRACTORS © PERSONAL INJURY ACORD 25 (1-79) ON INC NAME AND ADDRESS OF INSURED I Robert A. Morris, Jr., dba RAM EXCAVATING COMPANY 2006 Parmer Lane Austin, Texas 78727 Try 'e A OTHER #. �•'ll ;.A:4 }p k n +t•�wt. ± <�V 4 TAlIS�FEIITlE CJ1T Js 151!FSt tSA�TJhMgN, !E ,, IHIE_ GgRTIFICAT IPogs .L±4L,AMENReFxTEN(L4AILALTER IHE? CQYERAagsAFF ORpESh :.d1",TNElAQLgigslLISIEp4EL ,.„ AMC AND ADDRESS OF AGENCY Cancellation: Should any of the above des5cribed policies be cancelled before the expiration date thereof. the Issuing com- pany will endeavor to mad 1 days written notice to the below named certificate holder, but failure to mall such notice shall Impose no obligation or liability of any kind upon the company NAME AND ADDRESS OF CERTIFICATE HOLDER City of Round Rock (Palm Valley Church Water & Wastewater Imp.r 214 East Main St. Round Rock, Texas 78664 COMPANIES AFFORDING COVERAGES DA ov 15 April 1986 AUTHORIZED REPRESENTATIVE TYPE OF POLICY HAZARC6 CO. CODE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY 1 ) Standard Workmen's Compensation & Employers' Liability E lil TAC 719351 3 - 19 - 86/87 statutory W C. $100, 000. One Accident and Aggregate Disease (b) I Premises 2' I 1 E I Independent o a I General Liability — Operations (including "In- cidental Contracts" as defined below( Independent Contractors Completed Operations /Products Contractual, (Specific type as described in footnote below_) _ — _ — Premises — Operations (Including "Incidental Contracts" as defined below( Contractors Completed Operaeloes /Products Contractual (Specific type as described in , footnote below) ❑❑❑❑�❑❑❑❑ ❑ ❑❑❑i❑❑❑❑ 1 _ — _ _ —_— _ _ __ _ — $ Each Person Each ❑ Accident $ ❑ Occurrence Aggregate— Completed $ _ _ _ _ Operations /Products _ _ Accident Each 3 ❑ $ ❑ Occurrence $ Aggregate— Prem. /Oper, $ Aggreg Aggregate— Protective $ a— Come Operauon d $ Aggregate — Contractual ) 1:.5{ Automobile Liability Owned Automobiles Hired Automobiles Non -owned Automobiles -- Owned Automobiles H ire d A utomo b i l es Non-owned Automobiles LJLILJI ❑J ❑I ❑❑❑j ❑❑O) __________— _— __ �$ Each Person ❑ Accident $ Each {{ ___ ___ f ❑ Occurrence__ ❑ Accident $ Each ? ❑ Occurren ce 1 Coverage is excluded for wner. Contractual Footnote: Subiect to all the policy terms applicable, specific contractual coverage is provided as respects hack ❑ a contract A pplicabl e ❑ purchase order agreements between the Insured and • Block ❑ all contracts It is the intention of he company that in the event of cancellation of the policy or policies by the company, ten (10) days' written notice of such cancellation will be given to you at the address stated above NAME OF OTHER PARTY DATE (d applicable) CONTRACT NO. (II any) 1 DESCRIPTION (OR JOB) 1 4- 15 -86 /tn (is is to Certify to 1 r LL 1399e Pte inU S ��•� ,•11v r WI 1 VVn 1 rl MIVl Lf lt.M GROUP OF INSURANCE COMPANIES CERTIFICATE OF INSURANCE (This Certlf•cate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage, limits, terms or conditions of the policies it certificates ( City of Round Roc "The Palm Valley Church Water& Waste Water Improvements" 214 E. Main St. Round Rock, TX 7 L that the following described policy or policies, Company as coded below, providing insurance only for hazards checked been issued to: "AMU Robert A. Morris, Excavating Co. DRESS 2006 Parmer Lane OF INSURED Austin, TX 78727 co vering in accordance with the terms thereof, cation(sl: Texas �initions: "Incidental contract" means any written (1) lease of premises (2) easement agreement, except in connection with construction or domohlmn opera• twos on or adjacent to a railroad, (31 undertaking to indemnify a municipality required by municipal ordinance, except m connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement, �( /�_- Aut onze sentative 1. ORIGINAL J COMPANY CODES © CIGNA INSURANCE COMPANY ❑3 INA OF TEXAS ❑5 PACIFIC EMPLOYERS INS. CO ❑g IUR AN C OMPANY OF NS NORTH CE A MOERICA ❑A INA INS. CO. OF ILLINOIS ❑B INA INS. CO OF OHIO ❑ (OTHER; — SPECIFY) FOLD INFORMATION REOUIRED OF LOW BIDDER The low bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name Ram Excavating C. (2) Address P.O. Box 9428 Austin, Texas 78766 (3) Phone Number 1512) 837 -7451 (4) Type of firm: (_X_) Individual, ( ) Partnership, ( ) Corporation (5) Corporation organized under the laws of the State of (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: ( Bobby Morris (Sole Owner) (7) Numbers of years experience 6 years (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed/Name and Address of Owner $27,619.55 Wastewater System Aua. 1985 Pel Valle Schools $20.000.00 Wastewater Lines Jan. 1986 ,Styles Corp.(Austi.n) .$22.000.00 Water & Sewer Taps July 1985 Hill Country Uti List the name and address of each subcontractor who will perform work in or about the work or improvement in excess 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 subcontractor: Name Address Work to be Performed None Page 1 of 2 (10) Payment of taxes, in the State of Texas Yes X No (11) If requested by the Owner, the Low Bidder shall submit a notarized final statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Page 2 of 2 CITY OF ROUND ROCK PALM VALLEY CHURCH WATER AND WASTEWATER IMPROVEMENTS CONTRACT DOCUMENTS AND SPECIFICATIONS Project No. 103 - 1105 -18 Bids will be received at the Round Rock City Hall located at 214 East Main Street, Round Rock, Texas 78664, until 2:00 p.m., April 1, 1986. Engineer HAYNIE & KALLMAN, INC. Consulting Engineers 1106 South Mays Round Rock, TX 78664 (512) 255 -7861 Haynie & Kaltman, Inc. CONSULTING ENGINEERS March 24, 1986 ADDENDUM NO. 1 PALM VALLEY CHURCH WATER AND WASTEWATER IMPROVEMENTS 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 Palm Valley Church Water and Waste- water Improvement for the City of Round Rock. 1. Contract Documents and Specifications, Proposal Page 4 of 8, Bid Item 4 has been revised. Replace the existing Page 4 of 8 with the attached Revised Page 4 of 8. See Single Service Detail attached to this Addendum. 2 Contract Documents and Specifications, Proposal Page 7 of 8, Bid Item 14 has been revised. Replace the exist- ing Page 7 of 8 with the attached Revised Page 7 of 8. 3. Contract Documents and Specifications, Proposal Page 8 of 8, Bid Item 15 has been revised. 4. Contract Documents and Specifications, Proposal Page 8 of 8, Bid Item 16 has been revised. The driveway on the east side of Palm Valley Church is asphalt and not gra- vel base. The sewer line shall be placed down this drive to avoid the cemetery. Replace the existing Page 8 of 8 with the attached Revised Page 8 of 8. 5. Contract Documents and Specifications, Technical Speci- fications - Miscellaneous, Page TS -3 has been revised. Replace the existing Page TS -3 with the attached Revised Page TS -3. 6. Contract Documents and Specifications, Technical Speci- fications - Wastewater, Page TS -4 has been revised. Replace the existing Page TS -4 with the attached Revised Page TS -4. 7. All Bidders shall acknowledge receipt of Addendum No. 1 on Page 2 of 8 of the Proposal. HAYNIE & KALLMAN, INC. Stephen A. Regan Project Engineer CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING ELEVATION SINGLE SERVICE (I -V2" TUBING 8 FITTINGS PLUG TAP WATER MAIN • ANGLE METER STOP 8 PLUG ® TUBING 0 CORP. STOP • CONCRETE METER BOX WITH C.I. READING LID BROOKS NO. 12 SERIES MUELLER H -14276 MUELLER H -15000 TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL AND BIDDING SHEET BID BOND AGREEMENT PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CERTIFICATE OF INSURANCE INFORMATION REQUIRED OF LOW BIDDER GENERAL CONDITIONS OF AGREEMENT SPECIAL CONDITIONS OF AGREEMENT TECHNICAL SPECIFICATIONS BASIS OF MEASUREMENT & PAYMENT NOTICE TO CONTRACTORS FROM THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS PALM VALLEY CHURCH - WATER & WASTEWATER IMPROVEMENTS Sealed bids, in envelopes addressed to the City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, will be received at the above mentioned address until 2:00 p.m., Tuesday, April 1, 1986, and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of Water and Wastewater Improvements to serve the Palm Valley Church, located in Round Rock, Texas. Bids will be submitted in sealed envelopes for each Contract on the proposal furnished, and marked in the upper left hand corner "Bid for Palm Valley Church -Water & Wastewater Improvements, to be opened at 2:00 p.m., Tuesday, April 1, 1986. All proposals shall be accompanied by a cashier's certified check upon a national or state bank in the amount of five (5) percent of the total maximum bid price payable without recourse to the City of Round Rock, or a _bid..bond,in the same amount from a reliable surety company, as a guarantee that bidder will enter into a contract and execute performance bond within ten (10) days after notice of award of contract to him. The notice of award of contract shall be given by the Owner within thirty (30) days after the bid opening. The bid security must be enclosed in the same envelope with the bid. Bids without check or bid bond will not be considered. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those which the Owner elects to hold until the successful bidder has executed the contract. Thereafter all remaining securities, including of the successful bidder, will be returned within sixty (60) days. The successful bidder must furnish performance bond and payment bond in the amount of the 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 surities 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 informality in bids received. Page 1 of 2 Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie & Kaltman, Inc., on deposit of fifty dollars ($50.00) per set, which sum so deposited will be refunded provided: 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, plane, specifications and bidding documents will be sent via bus or overnight delivery service (i.e., Federal Express, Airborne), at the requestor's expense. Plans and Specifications may be examined at the office of the Engineer, Haynie & Kallman, Inc., 1106 South Mays, Round Rock, Texas. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Engineer, Haynie & Kaltman, Inc. and obtain clarification prior to submitting any bid. Prequalification Requirements: The bidder is to submit information regarding his qualifications with this bid form in accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and regulated by the State of Texas and the Federal Government. The improvements shall be completed within 30 calendar days after Notice to Proceed from the Owner. Psan 2 of 2 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: City of Round Rock 214 E. Main Street Round Rock, Texas 78664 and shall be identified as follows: "BID FOR THE PALM VALLEY CHURCH WATER & WASTEWATER IMPROVEMENTS, to be opened at 2:00 p.m., Tuesday, April 1, 1986." A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. Unauthorized conditions, limitations or provisions attached to a proposal •.411 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 filled with the Owner. DISOUALIFICATION 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 proposals 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 collusion will be considered for future proposals. RETURN OF PROPOSAL GUARANTEES Within twenty -five (25) days after an award of the Contract, the Owner will return the proposal guarantees accompanying 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 returned to the respective bidders whose proposals they accompany. Page 1 of 3 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 thirty (30) calendar days after the opening of the proposals. The Owner reserves the right to reject any or all bid proposals, to accept the lowest responsible bidder's proposal, and to waive any informality in any proposal. EXECUTION OF CONTRACT A bidder to whom award is made shall execute a written contract with the Owner on the form of agreement provided. Failure or refusal to enter into a contract as herein provided, 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 responsible bidder refuses or fails to execute the Contract, the Owner may award the Contract to the third lowest responsible 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 cashier'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 guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after the award and will furnish 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 substantially to the form furnished by the Owner, which is bound herein, and is properly filled out and executed. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name and his address shall be given; if it is 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. Page 2 of 3 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 therefore. 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 information in writing to Engineer, prior to 72 -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 Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, omissions form 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 seventy -two (72) 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 include any Addenda if such are issued by the Engineer prior to seventy -two (72) hours of the opening of bids. Page 3 of 3 ,, ATTEST: RESOLUTION NO. 'O WHEREAS, the City has duly advertised for bids for a wastewater line to Palm Valley Lutheran Church, and WHEREAS, and best bid, and WHEREAS, the Council wishes to accept the bid of documents, Now Therefore NNE LAND, it Secretary submitted the lowest , and to authorize the execution of the necessary BE IT RESOLVED BY E COUNCIL OF THE CITY OF ROUND ROCK, TEXAS Al That the bid of t LA / . ,/. is authorized and directed to enter into an agreement with �QNy1) F/Y.0. for a wastewater line to Palm Valley Lutheran Church. RESOLVED this 10th day of April, 1986. as the lowest and best bid, and the Mayor is hereby accepted /„...,‘ /2%.„ MIKE ROBINSON, Mayor City of Round Rock, Texas ■ WATER IMPROVEMENTS UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 6" D.I. Water Line L.F. 548 $ 12.70 $ 6,959.60 $ 15.00 $ 8,220.00 $ 12.50 $ 6,850.00 2. 2" Service Line L.F. 267 7.40 1,975.80 9.00 2,403.00 6.00 1,602.00 3. Tie -in to Existing 6" Water Line at Station 1 +48 Ea. 1 300.00 300.00 200.00 200.00 400.00 400.00 4. Single Service Connection including Meter Box and Fittings at Station 9 +13 Ea. 1 300.00 300.00 250.00 250.00 300.00 1 300.00 5. 5 -1/4" Fire Hydrant Assembly, including 6" D.I. Lead and 6" Gate Valve Ea. 1 1,000.00 1,000.00 1,350.00 1,350.00 1,400.00 1,400.00 6. Open Cut Concrete Driveway Replacement S.Y. 31.1 16.00 497.60* 50.00 1,555.00 32.00 995.20 7. Open Cut Gravel Base Driveway Replacement S.Y. 85.6 12.00 1,027.20* 13.00 1,112.80 15.00 1,284.00 8. Cast Iron Fittings, including Concrete Blocking Ton 0.15 1 3,000.00 450.00 3,100.00 465.00 2,400.00 360.00 9. Revegetation S.Y. 790 .80 632.00 .35 276.50 .60 474.00 TOTAL - WATER IMPROVEMENTS $13,142.20* $15,832.30 $13,665.20 *As Corrected Haynie & Kallman Inc. BIDS EXTENDED AND CHECKED _ CONSULTING ENGINEERS BID TABULATIONS By: SAR CLA 1106 South Mays Date: 4/3/86 Round Rock, Texas 78664 � + (512) 255 -7861 Sheet: 1 of 3 OWNER CITY OF ROUND ROCK, TEXAS BIDDERS JOB NO. 103 -1105 BID DATE 4 -1 -86 TIME 2:00 P.M. RAM EXCAVATING COMPANY Austin, Texas BLUEBONNET UTILITY CONTRACTORS Round Rock, Texas DIJ CONSTRUCTION, INC. Bertram, Texas LOCATION ROUND ROCK, WILLIAMSON COUNTY, TEXAS DESCRIPTION PALM VALLEY CHURCH - WATER AND WASTEWATER IMPROVEMENTS BID BOND ENCLOSED? Yes Yes Yes ADDENDUM NO. 1 ACKNOWLEDGED? Yes Yes Yes PALM VALLEY CHURCH - WATER AND WASTEWATER IMPROVEMENTS JOB N0. 103 -1105 BIDDERS RAM EXCAVATING COMPANY Austin, Texas BLUEBONNET UTILITY CONTRACTORS Round Rock, Texas DIJ CONSTRUCTION, INC. Bertram, Texas WASTEWATER IMPROVEMENTS UNIT APPROX. IUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. • D.I. Sewer Line, A Dept s L. . 38 2.70 6.75 ,292.60 2,740.50 .00 9.10 5, 4..00 3,694.60 6.00 9.00 5,408.00 2. 4" Sewer Service Lateral, 0 -8 L.F. 406 3,654.00 3. 4" Sewer Service Lateral, 8 -10' L.F. 65 7.25 471.25 10.35 672.75 10.00 650.00 4. 6" PVC DR 35 Sewer Line 0 -8' L.F. 1 105 7.30 8 066.50 9.90 10 939.50 10.50 11 602.50 . 6 PVC DR 5 Sewer Line, 8- 0 L.F. 680 .80 ,304.Is . 5 ,582.00 . i ,820.00 6. 6" PVC DR 35 Sewer Line, 10 -12' L.F. 110 8.30 913.00 13.70 1,507.00 13.50 1,485.00 7. 6" PVC DR 35 Sewer Line, 12 -14' L.F. 25 8.80 220.00 16.90 422.50 17.00 425.00 8. Standard Manhole Ea. 5 1,100.00 5,500.00 950.00 4,750.00 1,100.00 5,500.00 9. Standard Manhole with Bolted Gasketed Cover Ea. 2 1,500.00 3,000.00 1,000.00 2,000.00 1,300.00 2,600.00 10. Standard Manhole with Bolted Gasketed Cover and Vent Ea. 1 2,100.00 2,100.00 1,750.00 1,750.00 1,900.00 1,900.00 11. Extra Depth for Manhole greater than 8' V.F. 9 100.00 900.00 65.00 585.00 150.00 1,350.00 600.00 12. Clean -Out Ea. 2 300.00 600.00 200.00 400.00 300.00 13. 4" Sewer Service Lateral at Station 10 +15 Ea. 1 350.00 350.00 175.00 175.00 320.00 320.00 14. Tie -in to Existing Manhole at Chandler Creek Lift Station Ea. 1 500.00 500.00 300.00 300.00 500.00 500.00 15. Open Cut Gravel Base Driveway Replacement S.Y. 28 12.00 336.00 13.00 364.00 15.00 420.00 16. Open Cut Asphalt Driveway Replacement S.Y. 140 19.00 2,660.00 20.00 2,800.00 25.00 3,500.00 17. Revegetation S.Y. 2,100 .80 1,680.00 .35 735.00 .60 1,260.00 TOTAL - WASTEWATER IMPROVEMENTS $39,633.85 $44,423.35 $48,994.50 TOTAL - WATER AND WASTEWATER IMPROVEMENTS $52,776.05* *As Corrected $60,255.65 $62,659.70 Sheet: 2 of 3 PALM VALLEY CHURCH - WATER AND WASTEWATER IMPROVEMENTS JOB NO. 103 -1105 BIDDERS W. M. CRAWFORD, INC. Austin, Texas KENNA COMPANY Austin, Texas COMMUNITY ENGINEERING, INC. Austin, Texas P. A. STARK CONSTRUCTION, INC. Austin, Texas COST COST COST COST TOTAL - WATER IMPROVEMENTS $18,145.00 $16,631.00 $25,085.00 $21,218.00 TOTAL - WASTEWATER IMPROVEMENTS 60,162.00 69,411.00 63,641.00 76,460.00 GRAND TOTAL - $78,307.00 $86,042.00 $88,726.00 $97,678.00 PALM VALLEY CHURCH - WATER AND WASTEWATER IMPROVEMENTS JOB NO. 103 -1105 BIDDERS ROBERT HURST COMPANY Austin, Texas BAY MAINTENANCE CO., INC. Horseshoe Bay, Texas D. L. MEACHAM CONSTRUCTION CO. Houston, Texas JOE MILLER & ASSOCIATES, INC. Cedar Park, Texas COST COST COST COST TOTAL - WATER IMPROVEMENTS $15,723.50 $15,373.80 $21,421.50 $20,142.08* TOTAL - WASTEWATER IMPROVEMENTS 55,556.00 56,541.00 55,164.00 58,066.43* GRAND TOTAL $71,279.50* *As Corrected $71,914.80 ($3,940.00 Deduct) $76,585.50 $78,208.51* *As Corrected OTHER BIDDERS: Sheet: 3 of 3 DATE: Apri1,8, 1986 SUBJECT: Council Agenda, April 10, 1986 ITEM: 13E - Consider bids and a resolution authorizing the Mayor to enter into a contract for a wastewater line to Palm Valley Lutheran Church. Eleven bids were received for the Palm Valley Church Water and Wastewater Improvements on April 1, 1986. (Reference attached bid tabulation sheet:) The engineers have checked the qualifications of the low bidder and recommend award of the contract to Ram Excavating Company. Staff concurs with this recommendation. Haynie & Kallman, Inc:. TRANSMITTAL TO: City of Round Rock 214 E. Main Street Round Rock, Texas 78664 ATTN. ,lanirp lay WE ARE SENDING YOU THE FOLLOWING: — � - ATTACHED — COPY OF LETTER — SUBMITTAL DATA THESE ARE TRANSMITTED AS CHECKED BELOW: X For Your Files As Requested For Review and Comment REMARKS: z CONSULTING ENGINEERS 1106 SOUTH MAYS ROUND ROCK, TEXAS 78664 (512) 255 -7861 — SPECIFICATIONS — ORIGINAL DRAWING — PRINTS Contract Documents are forthcoming. DATE PROJECT PROJECT NO- 103- 1105 -18 VIA: Courier Copies to: Joanne Land/ From: Stephen A. Regan April 14, 1986 Palm Valley Church Water & Wastewater Imp. — FIELD NOTES — OTHER NO. COPIES 1 REVISION DATE DESCRIPTON Notice of Award to Ram Excavating Co. _ For Approval _ For Corrections . Approval as Noted _ For Distribution Approval as Submitted Other Mr. Bobby Morris Ram Excavating Co. P.O. Box 9428 Austin, Texas 78766 PROJECT: CITY OF ROUND ROCK PALM VALLEY CHURCH WATER & WASTEWATER IMPROVEMENTS PROJECT: #103 - 1105 -18 Dear Mr. Morris: The Owner has considered the Bid submitted by you for the above described work in response to its Advertisement for Bids. You are hereby notified that your Bid has been accepted for items in the amount of $52,776.05. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment 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 14th day of April , 1986. HAYNIE & K L MAN, INC. on behalf of CITY OF ROUND ROCK ACCEPTANCE OF NOTICE ,GL 6 ,-- Ste�Shen A. Reg Project Engineer Receipt of the above Notice of Award is hereby acknowledged by RAM Excavating , this the 14th day of April 1986. RAM CONTRAC By Bob.. Morris Title Owner r TRANSMITTAL TO: City of Round Rock 214 E. Main St. Round Rock, Texas 78664 ATTN. Joanne Land WE ARE SENDING YOU THE FOLLOWING: - X — ATTACHED — COPY OF LETTER — SUBMITTAL DATA Copies to: Haynie & Kaltman, Inc. CONSULTING ENGINEERS 1106 SOUTH MAYS ROUND ROCK, TEXAS 78664 (512) 255 -7861 — SPECIFICATIONS — ORIGINAL DRAWING — PRINTS DATE- April 22, 1986 Palm Valley Church PROJECT veme PROJECT NO- 103- 1105 -18 VIA: Courier From: Stephen Regan _FIELD NOTES _ OTHER NO. COPIES Cnntrart Documents and Specification 7 REVISION DATE DESCRIPTON THESE ARE TRANSMITTED AS CHECKED BELOW: For Your Files X For Approval For Corrections As Requested — Approval as Noted _ For Distribution For Review and Comment Approval as Submitted Other REMARKS: Ram Excavating Co., has executed the Agreement and furnished the necessary bonds and certificate of insurance for each of the attached Contract Documents. They are now ready for execution by the City. Please have Mayor Robinson sign and date the Agreement in each of the Contract Documents and return five (5) of the seven (7) sets to us for distribution. At your direction, we will issue the Notice to Proceed. Project Engineer its