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R-86-876 - 6/12/1986WHEREAS, the City has duly advertised for bids for the Southeast Round Rock Water and Wastewater Improvements, Contract No. 2, and WHEREAS, Bay Maintenance Co., Inc., submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of Bay Maintenance Co., Inc., and to authorize the execution of the necessary documents, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Bay Maintenance Co., Inc., is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement for the Southeast Round Rock Water and Wastewater Improvements, Contract No. 2. RESOLVED this 12th day of June, 1986. ATTEST: NE LAND, City ecretary RESOLUTION NO. if '76R MIKE ROBINSON, Mayor City of Round Rock, Texas �, <,c �,� �z 24" TRANSMISSION MAIN (INTERCHANGE BUSINESS PARK) UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 24" Water Line L.F. 3,400 $ 46.00 $ 156,400.00 $ 61.00 $ 207,400.00 $ 41.00 $ 139,400.00 2. Tie -in to 24" Water Line Valve a ADDENDUM ND. 1 ACKNOWLEDGED? Yes Yes Yes Sta. 0+00 Ea. 1 500.00 500.00 230.00 230.00 500.00 500.00 3. 24" Butterf y Valves, including Box and Cover, Valve Mar ker Sign and Post Ea. 4 4,000.00 16,000.00 4,100.00 16,400.00 3,500.00 14,000.00 4. 16" Butterfly Valves, including Box and Cover, Valve Marker Sign and Post Ea. 1 2,000.00 2,000.00 1,760.00 1,760.00 1,900.00 1,900.00 5. 5 -1/4" Fire Hydrant Assembly, including " D.I. Lead and 6 Gate Valve Ea. 6 1,500.00 9,000.00 1,040.00 6,240.00 2,000.00 12, 000.00 6. Fire Hydrant Barrel Extension V.F. 15.5 300.00 4,650.00 23.00 56.50 250.00 3,875.00 1. Automatic Air Release Valve and Vault Ea. 1 1,500.00 1,500.00 1,750.00 1,750.00 1,600.00 1,600.00 8. Open Cut Asphalt Replacement, including 8" Flexible Base S.Y. 22.2 No Charge -0- 18.00 399.60 20.00 444.00 9. 2" Steel Pipe Gate, including Posts as needed Ea. 1 650.00 650.00 350.00 350.00 400.00 400.00 10. Cast Iron Fittings, including Concrete Blocking Ton 4.55 2,500.00 11, 375.00 2,010.00 9,145.50 2,500.00 11, 375.00 11. Revegetation S.Y. 3,800 No Charge -0- .40 1,520.00 .30 1,140.00 TOTAL - 24" TRANSMISSION MAIN $ 202,075.00 $ 245,551.60 $ 186,634.00 BIDS EXTENDED AND CHECKED Haynie & Kaltman Inc. CONSULTING ENGINEERS BID TABULATIONS By: WVL DCH CLA r 1106 South Mays Date: -5-8g Hf Round Rock, Texas 78664 1 of 24 (512) 255 -7861 OWNER CITY OF ROUND ROCK, TEXAS BIDDERS JOB ND. 103 -495 BID DATE 2 -4-86 TIME 2:30 P.M. BAY MAINTENANCE CO., INC. Horseshoe Bay, Texas G. R. CRAWFORD CONSTRUCTION CO., INC. Houston, Texas UNDERGROUND UTILITIES CO. Del Valle, Texas LOCATION ROUND ROCK, WILLIAMSON COUNTY, TEXAS DESCRIPTION SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS - CONTRACT 2 BID BOND ENCLOSED? Yes Yes Yes ADDENDUM ND. 1 ACKNOWLEDGED? Yes Yes Yes Haynie & Kaltman, Inc. CONSULTING ENGINEERS Mr. Jim Nuse Director of Public Works City of Round Rock 214 E. Main Street Round Rock, TX 78664 Dear Mr. Nuse: DCH /cla Enclosures 1106 South Mayo • Round Rock, Texas 78664 • (512) 255.7861 June 10, 1986 RE: Southeast Round Rock Water and Wastewater Improvements Project No. 103 -495 Below is a summation of the bids received for the four (4) Southeast Round Rock Water and Wastewater Improvements Projects for which bids were taken on February 4, 1986. We have extended and checked all bids received and have enclosed detailed Bid Tabulations for your review. No. of Bids Project Received Low Bidder Amount Contract 1 Line Work 13 Bay Maintenance Co., Inc. $1,296,678 Contract 2 Line Work 11 Bay Maintenance Co., Inc. $1,485,888 1.0 MG Elevated Tank 3 CBI Na -Con, Inc. $ 664,830 2.5 MG Ground Tank 6 Advance Tank - Texas, Inc. $ 257,000 We have checked their references and have found them to be reputable contractors. We recommend award of the projects to the low bidders for the amounts indicated above. At your direction, we will proceed with contract execution. Should you have any questions, please feel free to contact us. Sincerely, HAYNIE & KALLMAN, INC. Douglas Hearn Project Manager CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS - CONTRACT 2 JOB M. 103 -495 BIDDERS BAY MAINTENANCE CO., INC. G. R. CRAWFORD CONSTRUCTION CO., INC. UNDERGROUND UTILITIES CO. GATTIS SCHOOL ROAD WATER LINE UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 24" Water Line L.F. 34 $ 38.00 $ 1,292.00 $ 49.00 $ 1 666.00 $ 41.00 $ 1 394.00 1 Water Line .F. 11 :. s0 .6 '.11 , .11 2 .00 ..is 08. 10 3. 6 Water Line L. . 6 2..00 a 86.00 34.00 80 2 4.00 30.00 0 R1.0 4. ater Line L. . 0.11 680.00 28.00 95 .00 23.00 7: +.0. 5. Remove Existing Plug and Tie -in to Existing 16' Stub -Out at Sta. 0 +28 Ea. 1 500.00 500.00 120.00 120.00 450.00 450.00 6. 24" Butterfly Valve, including Box and Cover Valve Marker Si • n an • ' o st Ea. 2 4, 010.00 8,000.00 4, 00.00 8,200.00 3,500.00 ,000.00 7. 20" Butterfly Valve, including Box and Cover, Valve Marker Sign and Post Ea. 9 3,400.00 30,600.00 2, 730.00 24, 570.00 3,000.00 27,000.00 8. 16" Butterfly Valve, including Box and Cover, Valve Marker Sign and Post Ea. 4 2,000.00 8,000.00 1,770.00 7,080.00 1,900.00 7,600.00 9. 12" Gate Valve, including Box ai • Cover Valve Marker Sign aid Post Ea. 2 1,000.00 2,000.00 840.00 1,680.00 1,000.00 2,000.00 10. 5-1/4" Fire Hydrant Assembly, including 6" D.I. Lead and 6 Gate Valve Ea. 19 1,500.00 300.00 28, 500.00 13,950.00 1,130.00 23.00 21 470.00 1, 069.50 2,000.00 250.00 38, 000.00 11,625.00 11. Fire Hydrant :•rrel Extension V.F. 46.5 12. 5-1/4 Flushing Valve Assembly, including All Fittings except Cast Iron Tee, Marker Sign and P Ea. 3 1,500.00 4,500.00 1,130.00 3,390.00 1,900.00 5,700.00 13. 2" Automatic Air Release Valve & Vault, including all Fittings, Piping and Cover, and Air Release Valve Marker Si • n and Post Ea. 3 1 500.00 4 500.00 1 530.00 4 590.00 1 600.00 4 800.00 4. Open ut As. a t Rep acement, including 8' Flexible Base S.Y. 52.2 No Charge -0- 18.00 939.60 20.00 1,044.00 15. Open Cut Concrete Driveway Repl aceneit S.Y. 17.8 No Charge -0- 21.00 373.80 20.00 356.00 Sheet: 2 of 24 SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS - CONTRACT 2 JOB NO. 103 -495 BIDDERS BAY MAINTENANCE CO., INC. G. R. CRAWFORD CONSTRUCTION CO., INC. UNDERGROUND UTILITIES CO. G4TTIS SCHOOL ROAD WATER LINE UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE ' COST 16. Open Cut Gravel Base Driveway $ 18,900.00 $ 51.00 $ 27,540.00 2. 21" Sewer Line, under 12 depth L.F. 2,408 39.00 93,912.00 Rep1 acenent S. Y. 106.6 No Charge -0- 12.00 1,279.20 20.00 2,132.00 17. Concrete Encasement of 16" D. I. 22,334.00 33.00 4. 15" Sewer Line under 12 depth L.F. 73 30.00 2190.00 Water Line L.F. 25 25.00 625.00 45.00 1,125.00 30.00 750.00 18. Concrete Cap of 20" D.I. Water 10.00 6. Concrete Cap for 15" Sewer Line L.F. 15 20.00 300.00 33.00 495.00 Line L.F. 25 20.00 500.00 33.00 825.00 10.00 250.00 19. Concrete Cap of 16" D.I. Water Interceptor Manhole Ea. 1 1, 000.00 1,000.00 590.00 590.00 Line L.F. 25 18.00 450.00 30.00 750.00 10.00 250.00 20. 2" Steel Pipe Gate, including Bolted Gasketed Lover Ea. 8 1,200.00 9,600.00 1,230.00 9,840.00 Posts as needed Ea. 12 650.00 7,800.00 350.00 4, 200.00 400.00 4 21. Cast Iron Fittings, including Bolted Gasketed Lover aid Vent Ea. 4 1,750.00 7,000. 00 1, 520.00 6, 080.00 Concrete Bl oc king Ton 13.33 2, 500.00 33 325.00 1,72 0.00 22,92 7.60 2,500.00 .30 33,32 5.00 3,135.00 23. Revegetation S.Y. 10,450 No Charge -0- .40 4,180.00 Eye Out Ea. 1 1,750.00 1,750.00 1,520.00 TOTAL - GATTIS SCHOOL ROAD WATER LINE 1,600.00 1,600.00 11. Standard Manhole including $ 472,722.00 $ 478,784.70 $ 475,331.00 SEWER LINE "A" UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 21" Sewer Line, 0 -12' depth L.F. 540 $ 39.00 $ 21,060.00 $ 35.00 $ 18,900.00 $ 51.00 $ 27,540.00 2. 21" Sewer Line, under 12 depth L.F. 2,408 39.00 93,912.00 35.00 84,280.00 51.00 122,808.00 28,347.00 2,409.00 I, 050.00 3. 15" Sewer Line, 0 -12' depth L.F. 859 30.00 25 770.00 26.00 22,334.00 33.00 4. 15" Sewer Line under 12 depth L.F. 73 30.00 2190.00 26.00 1,898.00 33.00 5. Concrete Cap for 21" Sewer Line L.F. 105 20.00 4100.00 35.00 3,675.00 10.00 6. Concrete Cap for 15" Sewer Line L.F. 15 20.00 300.00 33.00 495.00 10.00 150.00 7. 21" Connection to Brushy Creek Interceptor Manhole Ea. 1 1, 000.00 1,000.00 590.00 590.00 500.00 500.00 8. Standard Manhole including Bolted Gasketed Lover Ea. 8 1,200.00 9,600.00 1,230.00 9,840.00 1,500.00 12,000.00 9. Standard Manhole incl ud ing Bolted Gasketed Lover aid Vent Ea. 4 1,750.00 7,000. 00 1, 520.00 6, 080.00 1,600.00 6,400.00 10. Standard Manhole, including Bolted Gasketed Cover aid 21" Eye Out Ea. 1 1,750.00 1,750.00 1,520.00 1,52 0.00 1,600.00 1,600.00 11. Standard Manhole including Bolted Gasketed Lover, Vent and Sheet: 3 of 24 SEWER LINE "B" UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 21" Sewer Line, 0 -12' depth L.F. 1,186 $ 29.00 $ 34 394.00 $ 35.00 $ 41,510.00 $ 51.00 $ 60 486.00 7449.00 2. 21" Sewer Line, under 12 depth L.F. 1,499 29.00 4�4 12. 15" Drop Connection to Proposed 52,465.00 51.00 3. 18" Sewer Line, 0 -12' depth L.F. 987 26.00 25, 662.00 29.00 28, 623.00 37.00 36, 519.00 4. 18" Sewer Line, under 12' depth L.F. 607 26.00 15,782.00 29.00 17,603.00 37.00 22,459.00 5. 15" Sewer Line, 0 -12' depth L.F. 5,872 23.00 135,056.00 26.00 152,672.00 33.00 193,776.00 6. 15" Sewer Line, under 12 depth L.F. 313 23.00 30 199.00 26.00 34,138.00 33.00 43,329.00 7. Concrete Cap for 21" Sewer Line L.F. 80 20.00 600.00 35.00 2,800.00 10.00 800.00 8. Concrete Cap for 15" Sewer Line L.F. 210 20.00 4,200.00 30.00 6,300.00 10.00 2,100.00 9. Connection to Brushy Creek .40 I, 72 4. 40 .30 Interceptor with Proposed Manhole Ea. 1 3,000.00 3,000.00 590.00 590.00 500.00 500.00 10. Standard Manhole including $ 164,676.40 $ 215,597.30 Bolted Gasketed Cover Ea. 26 1,200.00 31,200.00 1,290.00 33,540.00 1,600.00 41,600.00 11. Standard Manhole, including Bolted Gasketed Cover and Vent Ea. 13 1,750.00 22,750.00 1,520.00 19,760.00 1,700.00 22,100.00 12. Standard Manhole, including Bolted Gasketed Cover, Vent and 15" Eye Out Ea. 1 2,250.00 2,250.00 1,520.00 1,520.00 1,900.00 1,900.00 13. 21" Drop Connection to Proposed Manhole, including all Piping and Fittings as shown on Detail Ea. 2 1,200.00 2,400.00 1,760.00 3,520.00 1,81)0.00 3,600.00 14. 18" Drop Connection to Proposed Manhole, including all Piping and SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS - CONTRACT 2 338 N0. 103 - 495 BIDDERS BAY MAINTENANCE CO., INC. G. R. CRAWFORD CONSTRUCTION CO., INC. UNDERGROUND UTILITIES CO. SEWER LINE "A" UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 12" Eye Out Ea. 1 2,250.00 2,250.00 1,520.00 1,520.00 1,900.00 1, 900.00 12. 15" Drop Connection to Proposed Manhole, including all Piping and Fittings as shown on Detail Ea. 1 500.00 500.00 520.00 520.00 800.00 800.00 - 13. Extra Depth for Manholes V.F. 90 100.00 9,000.00 110.00 9,900.00 80.00 7,200.00 14. 2" Steel Pipe Gate, including Posts as needed Ea. 4 650.00 2 600.00 350.00 1 00.00 400.00 1,600.00 1,293.30 15. Revegetation S.Y. 4,311 No Charge -b- .40 I, 72 4. 40 .30 TOTAL - SEWER LINE "A" $ 179,032.00* $ 164,676.40 $ 215,597.30 rrec Sheet: 4 of 24 COUNTY ROAD 170 WATER LINE UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE x COST T16" Water Line L.F. 5,233 $ 35.00 $ 183,155.00 $ 34.00 $ 177,922.00 $ 30.00 $ 156,990.00 2. Tie -in to Existing 16" Butterfly 870.00 870.00 1,500.00 1,500.00 15. 15" Drop Connection to Proposed Valve Ea. 1 500.00 500.00 230.00 230.00 500.00 500.00 3. 16" Butterfly Valve, including Fittings as shown on Detail Ea. 1 /OU.OU Box aid Cover, Valve Marker Sign 520.00 520.00 800.00 80 0.00 16. Extra Depth for Manholes V.F. 102.5 100.00 and Post Ea. 6 2,000.00 12,000.00 1,770.00 10,620.00 1,900.00 11,400.00 4. 5 -1/4" Fire Hydrant Assembly Posts as needed Ea. 7 including 6" D.I. Lead and 6 4,550.00 350.00 2,450.00 400.00 2,800.00 18. Open Cut Asphalt Re lacenent, Gate Valve Ea. 10 1,500.00 15,000.00 1,120.00 11,200.00 2,000.00 20,000.00 3,000.00 5. Fire Hydrant Barrel Extension V.F. 12 300.00 3,600.00 23.00 276.00 250.00 6. 5 -1/4" Flushing Valve Assembly, -0- .01 1,238.50 .01 1,238.50 including all Fittings except TOTAL - SEWER LINE "B" Cast Iron Tee, Marker Sign and $ 368,364.00 $ 411,833.70 $ 520,644.50 Post Ea. 2 1,500.00 3,000.00 1,120.00 2,240.00 1,800.00 3,600.00 7. 2" Automatic Air Release Valve and Vault Ea. 2 1,500.00 3,000.00 1,750.00 3,500.00 1,600.00 3,200.00 8. Open Cut Asphalt Re lacenent, incl uding 8 Fl ex ibl a Base S.Y. 5.6 No Charge -0- 18.00 100.80 20.00 112.00 9. Concrete Encasement of 16" D.I. Water Line L.F. 40 25.00 1,000.00 35.00 1,400.00 20.00 800.00 SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS - CONTRACT 2 JOB N0. 103 -495 BIDDERS BAY MAINTENANCE CO., INC. G. R. CRAWFORD CONSTRUCTION CO., INC. UNDERGROUND UTILITIES CO. SEWER LINE "B" UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST Fittings as shown on Detail Ea. 1 900.00 900.00 870.00 870.00 1,500.00 1,500.00 15. 15" Drop Connection to Proposed Manhole, including all Piping and Fittings as shown on Detail Ea. 1 /OU.OU 700.00 520.00 520.00 800.00 80 0.00 16. Extra Depth for Manholes V.F. 102.5 100.00 10,250.00 110.00 11,275.00 80.00 8,200.00 17. 2" Steel Pipe Gate, including Posts as needed Ea. 7 650.00 4,550.00 350.00 2,450.00 400.00 2,800.00 18. Open Cut Asphalt Re lacenent, including 8" Flexible Base S. Y. 24.4 No Charge -0- 18.00 439.20 20.00 488.00 19. Revegetation S.Y. 123,850 No Charge -0- .01 1,238.50 .01 1,238.50 TOTAL - SEWER LINE "B" $ 368,364.00 $ 411,833.70 $ 520,644.50 Sheet: 5 of 24 SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS - CONTRACT 2 JOB 110. 103 -495 BIDDERS BAY MAINTENANCE CO., INC. G. R. CRAWFORD CONSTRUCTION CO., INC. UNDERGROUND UTILITIES CO. COUNTY ROAD 170 WATER LINE UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 10. Concrete Cap of 16" D.I. Water $ 245,551.60 31.10 $ 186,634.00 G41115 SCHOOL ROAD WATER LINE 472,722.00 Line L.F. 25 18.00 450.00 29.00 725.00 10.00 250.00 11. Bore and Pressure Grout Under 164,676.40 500.00 SEWER LINE "B" 368 364.00 Trees L.F. 60 120.00 7,200.00 59.00 3,540.00 100.00 6,000.00 12. 2" Steel Pi.- Gate incl ud in. $ 22,730.00 221,046.50 ROUND ROCK LOOP WATER LINE 19,340.00 'osts as nee". Ea. • 650.00 , 00.11 1.01 2, :I0.00 400.00 3,201.00 13. Cast Iron Fittings, including TOTAL - CONTRACT 2 Concrete Bl oc king Ton 4.1 2,500.00 10, 250.00 1,470. 00 6,02 7.00 2,500.00 10, 250.00 14. Revegetation S.Y. 5,815 No Charge -0- .40 2,326.00 .30 1,744.50 TOTAL - COUNTY ROAD 170 WATER LINE $ 244,355.00 $ 222,906.80 $ 221,046.50 SUMMARY: UNIT APPROX. 1 ANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 24" TRANSMISSION MAIN L.F. 655 28.00 $ 202,075.00 34.00 $ 245,551.60 31.10 $ 186,634.00 G41115 SCHOOL ROAD WATER LINE 472,722.00 478,784.70 475,331.00 215,597.30 SEWER LINE "A" Ea. 2 500.00 179,032.00* 230.00 164,676.40 500.00 SEWER LINE "B" 368 364.00 411 833.70 520,644.50 COUNTY ROAD 170 WATER LINE TOTAL - ROUND ROCK LOOP WATER LINE 244,355.00 $ 19,340.00 222,,906.80 $ 22,730.00 221,046.50 ROUND ROCK LOOP WATER LINE 19,340.00 22,730.00 20,650.00 TOTAL - CONTRACT 2 $1,485,888.00* $1,546,483.20 $1,639,933.30 *As Corrected ROUND ROCK LOOP WATER LINE UNIT APPROX. 1 ANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. 6 Water Line L.F. 655 28.00 8, 40.00 34.00 22,270.00 31.10 19,650.10 2. Tie -in to Existing 16" Butterfly Valve Ea. 2 500.00 1,000.00 230.00 460.00 500.00 1,000.00 TOTAL - ROUND ROCK LOOP WATER LINE $ 19,340.00 $ 22,730.00 $ 20,650.00 Sheet: 6 of 24 DATE: June 10, 1986 SUBJECT: Council Agenda, June 12, 1986 ITEM: 11F - Consider bids and a resolution authorizing the Mayor to enter into a contract with Bay Maintenance Co., Inc., for Southeast Round Rock Water and Wastewater Improvements, Contract No. 2. This request is to authorize the Mayor to execute a contract with Bay Maintenance for construction of water and wastewater improvements. This authorization is contingent upon execution and funding of item 11D. Please see attached letter and bid tabulation sheet. Haynie & Kallman :: Inc. .` CONSULTING ENGINEERS 1 1 1 CITY OF ROUND ROCK SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS CONTRACT 2 CONTRACT DOCUMENTS AND SPECIFICATIONS PROJECT NO. 103- 495 -18 Bids will be received at the City Hall of the City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, at 2 :30 p.m., Tuesday, February 4, 1986. Specification No. Haynie & Kaltman, Inc. Haynie & Kaltman, Inc. CONSULTING ENGINEERS DCH /cla Enclosures January 28, 1986 ADDENDUM NO. 1 SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS CONTRACT 2 Addendum No. 1 to the Plans, Contract Documents and Specifications for the Southeast Round Rock Water and Waste- water Improvements - Contract 2 for the City of Round Rock. 1. The Special Conditions of the Agreement have been revis- ed to include Paragraph 02 -07 - Blasting for Trench Excavation, and Paragraph 02 -08 - City of Austin Stan- dard Specifications. Replace Pages SC -5 and SC -6 of the Special Conditions with the attached Revised Pages SC -5, SC -6, SC -7, and SC -8. 2. All Bidders shall acknowledge receipt of Addendum No. 1 on Page 2 of 17 of the Proposal. HAYNIE & Aix K ALLMAN, INC. / l Douglas Hearn Project Engineer ADDENDUM NO. 1 - 1/1 1106 South Mays • Round Rock, Texas 76664 • (512) 255-7561 CIVIL ENGINEERING • CONSULTANTS • MUNICIPAL ENGINEERING • LAND PLANNING • SURVEYING 1 1 1 1 e 1 1 1 1 1 1 1 1 1 j 1 1 1 TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL AND BIDDING SHEETS BID BOND AGREEMENT PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CERTIFICATE OF INSURANCE INFORMATION REQUIRED OF LOW BIDDER GENERAL CONDITIONS OF AGREEMENT SPECIAL CONDITIONS OF AGREEMENT TECHNICAL SPECIFICATIONS BASIS OF MEASUREMENT AND PAYMENT SOUTHEAST ROUND Bids to be opened SOUTHEAST ROUND Bids to be opened Bids NOTICE TO CONTRACTORS FROM THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS SOUTHEAST ROUND ROCK WATER AND WASTEWATER SYSTEM 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 the bid times listed below for each project, and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of said improvements. Bids for each of the five (5) contracts will be submit- ted on the Proposal and Proposal Bidding Sheets furnished, in separate sealed envelopes, and the name of the project shall be marked in the upper left hand corner of the envelope. ROCK WATER AND WASTEWATER IMPROVEMENTS CONTRACT 1 at 2:00 p.m., Tuesday, February 4, 1986 Page 1 of 3 • ROCK WATER AND WASTEWATER IMPROVEMENTS CONTRACT 2 at 2:30 p.m., Tuesday, February 4, 1986. SOUTHEAST ROUND ROCK WATER STORAGE IMPROVEMENTS 2,500,000 GALLON GROUND STORAGE TANK to be opened at 3:00 p.m., Tuesday, February 4, 1986. SOUTHEAST ROUND ROCK WATER STORAGE IMPROVEMENTS 1,000,000 GALLON TOROSPHERICAL TANK Bids to be opened at 3:30 p.m., Tuesday, February 4, 1986. SOUTHEAST ROUND ROCK BOOSTER PUMP STATION Bids to be opened at 4:00 p.m., Tuesday, February 4, 1986. All proposals shall be accompanied by a cashier's certi- fied check upon a national or state bank in the amount of five (5) percent of the total maximum bid price payable with- out recourse to The City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that bidder will enter into a contract and execute perform- ance bond within ten (10) days after notice of award of con- tract to him. The notice of award of contract shall be given by the Owner within sixty (60) days after the bid opening. The bid security must be enclosed in the same envelope with the bid. Bids without check or bid bond will not be consid- ered. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those which the Owner elects to hold until the suc- cessful bidder has executed the contract. Thereafter all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. The suc- cessful bidder must furnish performance bond and payment bond in the amount of one hundred (100) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any infor- mality in bids received. Plans, specifications and bidding documents may be se- cured from the office of the Engineer, Haynie & Kallman, Inc., on deposit of fifty dollars ($50.00) per contract, which sum so deposited will be refunded provided: (1) All documents are returned in good condition to the Engineer not later than forty -eight (48) hours prior to the time for receiving bids; or (2) The Contractor submits a bid and all documents are returned in good condition to the Engineer not later than five (5) days after the time that bids are receiv- ed. Plans and specifications may be examined at the office of the Engineer, Haynie & Kallman, Inc., 1106 South Mays, Round Rock, Texas. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Engi- neer, Haynie & Kallman, Inc. and obtain clarification prior to submitting any bid. The improvements shall be completed within the number of calendar days indicated on Page 2 of the Proposal in each contract, after Notice to Proceed from the Owner. This Notice to Contractors shall be published in the Austin - American Statesman on the following dates: Page 2 of 3 1 1 1 1 1 1 r1 1 1 1 1 -1 1 Sunday, January 19, 1986; Sunday, January 26, 1986; and Sunday, February 2, 1986. This Notice to Contractors shall be published in the Round Rock Leader on the following dates: Monday, January 20, 1986; Monday, January 27, 1986; and Monday, February 3, 1986. Page 3 of 3 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed enve- lope addressed to: The City of Round Rock 214 E. Main Street Round Rock, Texas 78664 and shall be identified as follows: "BID FOR SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVE- MENTS, CONTRACT 2 to be opened at 2:30 p.m., Tuesday, Feb- ruary 4, 1986." A proposal will not be accepted unless prepared on the bid- ding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invit- ed to be present. Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without addition, alterations or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the Owner. DISQUALIFICATION OF BIDDERS More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all propo- sals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collu- sion will be considered in future proposals. 1 of 3 1 1 1 1 1 1 1 1 1 1 1 : 1 1 - .1 1 1 1 -. RETURN OF PROPOSAL GUARANTEES Within twenty -five (25) days after an award of the Contract, the Owner will return the proposal guarantees accompanying each of the proposals as are not considered in making the award. All other proposal guarantees will be held until the Contract has been finally executed. They will then be re- turned to the respective bidders whose proposals they accom- pany. AWARD OF CONTRACT - RESERVATION OF RIGHTS Contracts, if awarded, will be awarded to responsible bidders whose proposals comply with all the requirements prescribed. Awards, if made, will be made within sixty (60) calendar days after the opening of the proposals. The Owner reserves the right to reject any or all bid proposals, to accept the low- est responsible bidder's proposal, and to waive any informal- ity in any proposal. EXECUTION OF CONTRACT A bidder to whom award is made shall execute a written con- tract with the Owner on the form of agreement provided. Failure or refusal to enter into a contract as herein provid- ed, or to conform to any of the stipulated requirements in connection therewith shall be a just cause for the annulment of the award. If the successful bidder refuses or fails to execute the Contract, the Owner may award the Contract to second lowest responsible bidder. If the second lowest re- sponsible bidder refuses or fails to execute the Contract, the Owner may award the Contract to the third lowest respon- sible bidder. On the failure or refusal of such second and third lowest responsible bidder to execute the Contract, the work may be re- advertised. PROPOSAL GUARANTEE Each proposal shall be accompanied by a certified or cash- ier's check or bid bond in the amount of not less than 5% of the amount named in the proposal. Said check or bond shall be made payable to the Owner and shall be given as a guaran- tee that the bidder, if awarded the work, will enter into a contract within ten (10) days after the award and will fur- nish the necessary bonds as hereinafter provided. In case of refusal or failure to enter into said contract, the check or bond as the case may be, shall be forfeited to the Owner. No bidder's bond will be accepted unless it conforms substan- tially to the form furnished by the Owner, which is bound herein, and is properly filled out and executed. 2 of 3 1 1 1 1 1 1 1 1 1 1 .1 :1 1 1 .1 1 1 _1 1 PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name and his address shall be given; if it is made by a firm it shall be signed with the co- partnership name by a member of the firm, who shall sign his own name, and the name and address of each member shall be given; and if it is made by a corporation the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Low Bidder ", bound herein. BIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to be furnished and as to the requirements of the Contract, Specifications and Drawings. ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such infor- mation in writing to Engineer, prior to 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Docu- ments. No other explanation or interpretation will be consi- dered official or binding. Should a bidder find discrepan- cies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to twenty -four (24) hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to in- clude any Addenda if such are issued by the Engineer prior to twenty -four (24) hours of the opening of bids. 3 of 3 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS CONTRACT 2 The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has care- fully examined the form of contract, Notice to Contractors, inviting bids, conditions and classes of materials of the proposed work; and agrees that he will provide all the neces- sary labor, machinery tools, apparatus, and other items inci- dental to construction, and will do all the work and furnish all the materials called for in the contract and specifica- tion in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether in- creased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifica- tions. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within ten (10) days after written notice to commence has been given. Page 1 of 17 ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the foregoing bid items are the only items of payment under this contract and that his bid price under these items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the plans, specifications, and con- tract documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location of the proposed work, the plan drawings, specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the work in 180 calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reser- ves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the inter- est of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following adden- da: Addendum No. Dated #1 1 -28 -86 Page 2 of 17 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by: Bay Maintenance Co., Inc. 2/4/86 Name of Contractor Date Frank Dan King President Executed by (Signature) Title or Position P. O. Box 8859 (512) 598 -2535 Business Address Telephone Number Horseshoe Bay City Llano County (Seal if Bid is by a Corporation.) ATTEST: Patsy Frasier Texas State Note: Original hand - written Proposal is on file in the Engi- neer's office. Page 3 of 17 78654 Zip OWNER: CITY OF ROUND ROCK Gentlemen: 2 3 PROPOSAL BIDDING SHEET CONTRACT: SOUTHEAST ROUND POCK WATER & WASTEWATER Il@R VEM NTS CONTRACT 2 JOB LO CATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS 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 S Wastewater Lines, 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: 24" Transmission Main (Interchange Business Park) Bid item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount 1 3400 L.F. 24" Water Line, complete in place per linear foot for Forty Six Dollars and No Cents $ 46.00 $.56.400.00 1 Ea. Tie in to 24" Water Line Valve at Station 0+00, complete in place per each for Five Hundred Dollars and $o Cents $ 500.00 $ 500.00 4 Ea. 24" Butterfly Valves, including Box and Cover, Valve Marker Sign and Post, complete in place per each for your Thousand Dollars and No Cents 64000.20 $ 16,000.00 Page 4 of 17 Bid 5 Item Description Item Quantity Unit and Written Unit Price 4 1 Ea. 16" Butterfly valves, including Box and Cover, Valve Marker Sign and Post, complete in place, per each for Two Thousand Dollars and No Cents 52000.00 $ 2,000.00 6 Ea. 5 -1/4" Fire Hydrant Assembly, including 6" D.I. Lead and 6" Gate Valve, not incl- uding C.I. Fittings, complete in place per each for Fifteen Hundred Dollars and No Cents $1500.00 3 9.000.00 6 15.5 V.F. Fire Hydrant Barrel Extension, complete in place per vertical foot for Three Hundred Dollars and No Cents $ 300.00 $ 4,650.00 7 1 Ea. Automatic Air Release Valve & Vault, complete in place per each for Fifteen Hundred Dollars and No Cents $1500.00 $ 1.500.00 8 22.2 S.Y. Open Cut Asphalt Replacement, including 8" Flexible Base, complete in place, per square yard for No Charge Dollars and Cents $ NC $ -0- 9 1 Ea. 2" Steel Pipe Gate, including Posts as needed, complete in place, per each 10 4.55 Tn. Cast Iron Fittings, including Concrete Blocking, complete in place per ton Unit Price Amount for Six Hundred Fifty Dollars and No Cents $ 650.00 $ 650.00 for Twenty Five Hundred Dollars and No Cents $2500.00 3 11.375.00 Page 5 of 17 Bid Item Ouantity Unit for No Charge Gettig School Road - Water Line Item Description Wri -, Unit •rice 11 3800 S.Y. Regevetation, complete in place per square yard Bid Item Description Item Ouantity Unit and Written Unit Price 1 34 L.F. 24" Water Line, complete in place per linear foot 2 7003 L.F. 20" Water Line, complete in place per linear foot 3 2361 L.P. 16" Water Line, complete in place, per linear foot 4 34 L.F. 12" Water Line, complete in place, per linear foot Dollars 5 1 Ea. Remove existing plug and tie-in to Existing 16" Stub -out at Station 0 +28., complete in place per each Page 6 of 17 Unit Price Amount and Cents $ NC $ -0- Total 24" Transmission Main (Interchange Business Park) $ 202,075.00 Unit Price Amount for Thirty Eight Dollars and No - - -- Cents $ 38.00 $ 1.292.00 for Thirty Eight Dollars and No Cents $ 38.00 $266.114.00 for Twenty Six Dollars and No Cents $ 26 00 $ 61.386.00 for Twenty Dollars and No Cents $ 20.00 $ 680.00 for Five Hundred Dollars and No Cents $ 500.00 $ 500 00 Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price 6 2 Ea. 24" Butterfly Valve, including Box and Cover, Valve Marker Sign and Post, com- plete in place per each for our Thousand Dollars and No Cents $4000.00 $ 8,000.00 7 9 Ea. 20" Butterfly valve, including Box and Cover, Valve Marker Sign and Post, complete in place per each for Th rtv n2mr Bu_ drod Dollars and No Cents $3400 $ 30.600.00 8 4 Ea. 16" Butterfly Valve, including Box and Cover, Valve Marker Sign and Post, complete in place per each for Two Thousand Dollars and No Cents $2000.00 $ 8.000.00 9 2 Ea. 12" Gate Valve, including Box and Cover, Valve Marker Sign and Post, complete in place, per each for One Thousand Dollars and No Cents $1000.00 $ 2,000.00 10 19 Ea. 5 -1/4" Fire Hydrant Assembly, including 6" D.I. Lead and 6" Gate Valve, rnot incl- uding C.I. Fittings, complete in place per each for Fifteen Hundred Dollars and No Cents $1500.0Q $ 28.500.00 11 46.5 V.F. Fire Hydrant Harrel Extension, complete in place, per vertical foot for Three Hundred Dollars and No Cents $ 300.00 S 13.950.00 12 3 Ea. 5 -1/4" Flushing Valve Assembly, includ- ing all Fittings except for Cast Iron Tee, Marker Sign and Post complete in place per each for Fifteen Hundred Dollars and No Cents $1500.00 $ 4,500.00 Page 7 of 17 Amount Bid Item Ouantitv Unit for Eighteen and Rio Item Description and Written Unit Price 13 3 Ea. 2" Automatic Air Release Valve & Vault including all Fittings, Piping and Cover, and Air Release Valve Marker Sign and Post, complete in place per each for Fifteen Hundred Dollars and No Cents $1500.00 $ 4.500.00 14 52.2 S.Y. Open Cut Asphalt Replacement, including 8" Flexible Base, complete in place per square yard for No Charge Dollars and Cents $ NC $ -0- 15 17 - .8 'S.Y. Open Cut Concrete Driveway Replacement, complete in place per square yard for No Charge Dollars and Cents $ NC $ 16 106.6 S.Y. Open Cut Gravel Base Driveway Replace- ment, complete in place per square yard for No Charge Dollars and Cents $ NC $ -0- 17 25 L.F. Concrete Encasement of 16" D.I. Water Line, complete in place per linear foot for 'llventy Five Dollars and No 18 25 L.F. Concrete Cap of 20" D.I. Water Line, complete in place per linear foot for Twenty Dollars and No Cents $ 20,QQ $ 500.00 19 25 L.F. Concrete Cap of 16" D.I. Water Line, complete in place per linear foot 20 12 Ea. 2" Steel Pipe Gate, including Posts as needed, complete in place, per each for Six Hundred Fifty Dollars and No Cents $ 650.00 $ 7,900.00 Page 6 of 17 Unit Price Amount Cents $ 25.00 $ 625.00 Dollars Cents $ 18.00 $ 450.00 Bid Item Quantity Unit 21 13.33 Tn. Cast Iron Fittings, including Concrete Blocking, complete in place per ton for Twenty Five Hundred Dollars and No Cents $2500.00 $ 33.325.00 22 10450 S.Y. Revegetation, complete in place per square yard Sewer Line "A,. for Dlo Charge Dollars and Cents $ NC $ -0- Total Gattis School Road Water Line $ 472,722.00 Bid Item Description Unit JIM ouanti Unit and Britten Unit Price Price Amount 1 540 L.F. 21" Sewer Line, 0 -12' depth, complete in place per linear foot for J'hixty. Nine _Dollars and No Cents $ 39.00 $ 21,060.00 2 2408 L.F. 21" Sewer Line, under 12' depth, complete in place, per linear foot for Thirty Nine Dollars and No Cents $ 39.00 $ 93,912.00 3 859 L.P. 15" Sewer Line, 0-12' Depth, complete in place, per linear foot for Thirty and $o 4 73 L.F. 15" Sewer Line under 12" depth, complete in place, per linear foot for Thirty and No Item Description and Written Unit Price Page 9 of 17 Unit Price Amount Dollars Cents $ 30.00 $ 25,770.00 Dollars Cents $ 30.00 $ 2,190.00 Bid Item Ouantitv Unit Item Description and Written Unit Price 5 105 L.F. Concrete Cap for 21" Sewer Line, complete in place, per linear foot for Twenty and No 6 15 L.F. Concrete Cap for 15" Sewer Line, complete in place, per linear foot for Twenty Dollars and No Cents $ 20.00 $ 300.00 7 1 Ea. 21" Connection to Brushy Creek Interceptor Manhole, complete in place, per each for One Thousand Dollars and No Cents $1000.00 $ 1.000.00 8 8 Ea. Standard Manhole including Bolted Gasketed Cover, complete in place, per each for Twelve-Hundred Dollars and No Cents` $1200.00 $ 9,600.00 9 4 Ea. Standard Manhole including Bolted Gasketed Cover and Vent, complete in place, per each for Seventeen Hundred Fifty Dollars and No Cents $1750.00 $ 7.000.00 10 1 Ea. Standard Manhole including Bolted Gasketed Cover and 21" Eye Out, complete in place, per each for Seventeen Hundred Fifty Dollars and No Cents 31750.00 $ 1.750.00 11 1 Ea. Standard Manhole including Bolted Gasketed Cover, Vent and 12" Eye Out, complete in place per each for Twenty Two Hundred Fifty Dollars and No Cents 32250.00 $ 2.250.00 Page 10 of 17 Unit Price Amount Dollars Cents $ 20.00 $ 2,100.00 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 12 1 Ea. 15" Drop Connection to a Proposed Manhole, including all Piping and Fittings as shorn in Detail, complete in place, per each for Five hundred and No 13 90 V.F. Extra Depth for Manholes, complete in place, per vertical foot for One Hundred Dollars and No Cents $ 100.00 $ 9,000.00 14 4 Ea. 2" Steel Pipe Gate, including Posts as needed, complete in place, per each for Six Hundred Fifty Dollars and BO Cents $ 650.00 $ 2,600.00 15 4311 S.Y. Revegetation, complete in place, per square yard Sewer Line "B" for No Charge _ Dollars and Cents $ NC $ -0- Total Sewer Line "A" $ 179.032.00 Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount 1 1186 L.F. 21" Sewer Line, 0 -12' depths, complete in place per linear foot for Twenty Nine Dollars and No Cents 3 29.00 _ $ 34.394.00 Page 11 of 17 Amount Dollars Cents $ 500.00 $ 500.00 Bid Item Description Unit Item Ouantity unit and Written Unit Price Price Amount 2 1499 L.F. 21" Sewer Line under 12' Depth, complete in place, per linear foot for Twenty Nine and No 3 987 L.F. 18" Sewer Line 0 -12' Depth, complete in place per linear foot for Twenty Six Dollars and No Cents $ 26.00 $ 25.662.00 4 607 L.P. 18" Sewer Line Under 12' Depth, complete in place per, linear foot for Twenty Six Dollars and No Cents $ 26.00 $ 15.782.00 5 5872 L.F. 15" Sewer Line 0 -12' Depth, complete in place, per linear foot for Twenty Three Dollars and No Cents $ 23 00 $135.056.00 6 1313 L.F. 15" Sewer Line under 12' Depth, complete in place per linear foot for Twenty Three Dollars and No Cents $ 23.00 $ 30.199.00 7 80 L.P. Concrete Cap for 21" Sewer Line, complete in place per linear foot for Twenty and No 8 210 L.P. Concrete Cap for 15" Sewer Line, complete in place per linear foot for Twenty and No 9 1 Ea. Connection to Brushy Creek Interceptor with Proposed Manhole, complete in place, per each for Three Thousand Dollars and No Cents $ 3000.00 $ 3.000.00 Page 12 of 17 Dollars Cents $ 29.00 $ 43,471.00 Dollars Cents $ 20.00 $ 1.600.QQ Dollars Cents $ 20.00 $ 4.200.04 Bid Item Ouantitv Unit item Description and Written Unit Price 10 26 Ea. Standard Manhole including Bolted Gasketed Cover, complete in place, per each 11 13 Ea. Standard Manhole, including Bolted Gasketed Cover and Vent, complete in place, per each 12 1 Ea. Standard Manhole, including Bolted Gasketed Cover, Vent and 15" Eye Out, complete in place per each for Twenty Two Hundred Fifty Dollars 13 2 Ea. 21" Drop Connection to a Proposed Manhole, including all Piping and Fittings as shown in Detail, complete in place, per each for Twelve Hundred Dollars 14 1 Ea. 18" Drop Connection to a Proposed Manhole, including all Piping and Fittings as shown in Detail, complete in place, per each 15 1 Ea. 15" Drop Connection to a Proposed Manhole, including all Piping and Fittings as shown in Detail, complete in place, per each Page 13 of 17 Unit Price Amount for Twelve Hundred Dollars and No Cents $ 1200.00 $ 31.200.00 for Seventeen Hundred Fifty Dollars and No Cents $ 1750.00 $ 22.750.00 and No Cents $ 2250.00 $ 2.250.00 and pc Cents $ 1200.00 $ 2.400.00 for pine Hundred Dollars and No Cents $ 900.00 $ 900.00 for Seven Hundred Dollars and po Cents $ 700.00 $ 700.0Q Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 16 102.5 V.P. Extra Depth for Manholes, complete in place, per vertical foot for One Hundred Dollars and No Cents 3 100.00 3 10,250.00 17 7 Ea. 2" Steel Pipe Gate, including Posts as needed, complete in place, per each for ,gja Hundred Fifty Dollars and No Cents $ 650.00 $ 4.550.00 18 24.4 S.Y. Open Cut Asphalt Replacement, including 8" Flexible Base, complete in place per square yard for Ho Charoe Dollars and Cents $ NC 5 -0- 19 123,850 S.Y. Revegetation, complete in place per square yard County Road 170 water Line for No Charoe Dollars and Cents NC $ -0- Total Sewer Line "B" $ 368,364.00 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1 5233 L.F. 16" Water Line, complete in place, per linear foot for Thirty Five Dollars and No Cents $ 35.00 $183.155.00 2 1 Ea. Tie in to Existing 16" Butterfly Valve, complete in place, per each for rive Hundred Dollars and No Cents $ 500.00 $ 500.00 Page 14 of 17 Bid Item Description Unit It Ouantitv Unit and Written Unit Price Price Amount 3 6 Ea. 16" Butterfly Valve, including Box, and Cover, Valve Marker Sign and Post, complete in place, per each for Two Thousand Dollars and No Cents $ 2000.00 $ 12,000.00 4 10 Ea. 5 -1/4" Fire Hydrant Assembly, including 6" D.I. Lead and 6" Gate Valve, n t including C.I. Fittings, complete in place per each for Fifteen Hundred Dollars and No Cents $ 1500.00 $ 15,000 00 5 12 V.F. Fire Hydrant Barrel Extension, complete in place, per vertical foot for Three Hundred Dollars an No Cents $ 300.00 $ 3.600,00 6 2 Ea. 5 -1/4" Flushing Valve Assembly, including all Fittings except C.I. Tee, Marker Sign and Post, complete in place, per each for Fifteen Hundred Dollars and No Cents $ 1500.00 $ 3.000.00 7 2 Ea. 2" Automatic Air Release Valve & Vault, complete in place per each for Fifteen Hundred Dollars and No Cents $ 1500.00 $ 3,000.00 8 5.6 S.Y. Open Cut Asphalt Replacement, including 8" Flexible Base, complete in place, per square yard for No Charge. Dollars and Cents $ NC $ -0- Page 15 of 17 Bid Item Quantity Unit 9 40 L.P. Concrete Encasement of 16" D.I. Water Line, complete in place, per linear foot for Twenty Five Dollars and No Cents $ 25.00 $ 1.000.00 10 25 L.F. Concrete Cap of 16" D.I. Water Line, complete in place, per linear foot for $iahteen Dollars and No Cents $ 18.00 $ 450.0Q 11 60 L.F. Bore and Pressure Grout under Trees, complete in place per linear foot for One Hundred Twenty Dollars and No Cents $ 120.00 $ 7.200.00 12 8 Ea. 2" Steel Pipe Gate, including Posts as needed, complete in place, per each for Six Hundred Fifty - Dollars and No Cents $ 650.00 $ 5.200,09 13 4.1 Ton Cast Iron Fittings, including Concrete Blocking, complete in place, per ton for Twenty Five Hundred Dollars and No Cents $ 2500.00 $ 10.250 00 14 5815 S.Y. Revegetation, complete in place, per square yard Item Description Unit and Written Unit Price Price Amount for No Charae Dollars and Cents $ NC $ - Total - County Road 170 Water Line $ 244.355.00 Page 16 of 17 Round Rock Loop Water Line Bid It Ouantity Unit for rive Hundred and Item Description and Written Unit Price 1 655 L.F. 16" Water Line, complete in place, per linear foot for Twenty Eiaht - Dollars and No Cents $ 28.00 $ 18.340.00 2 2 Ea. Tie to Proposed 16" Butterfly Valve, complete in place, per each Total - Round Rock Loop Water Line $ 19;340.00 Total - 24" Transmission Bain Total - Gattis School Road Water Line Total - Sewer Line "A" Total - Sewer Line "B" Total - County Road 170 Water Line Total - Round Rock Loop Water Line Total Project Page 17 of 17 Unit Price Amount Dollars Cents $ 500.00 $ 1.000.00 $ 202.075.00 $ 472.722.00 $ 179.032.00 368.364.00 $ 244.355.00 $ 19.340.00 $ 1.485.888.00 Companies FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD. 21203 KNOW ALL MEN BY THESE PRESENTS: That we, Bay Maintenance Co., Inc. Marble Falls, Texas (Here insert the name and address or legal title of the Contractor) as Principal, (hereinafter called the "Principal "), and Fidelity and Deposit Company , of Baltimore, Maryland, a corporation duly organized (here insert die name of the Surety) under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety ") are held and firmly bound unto City of Round Rock, Texas (Here insert the name and address or legal title of the Owner) as Obligee, (hereinafter called the "Obligee"), in the sum of Five Percent of the Greatest Amount Bid Dollars ($ 5Z GAB ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Southeast Round Rock Water and Wastewater Improvements — Contract No. 2 — Project #103- 495 -18 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. nd sealed this 4th day of Witness Witness C325 TX)— Approved by The American Institute of Architects. A.I.A. Document No. AJ10 February 1970 Edition. BID BOND February A.D. 19 86 Bay Maintenance Co., Inc. Principal (SEAL) Robert E. talnaker, Jr. Attorney —in —Fact Title 0 FIDELITY AND DEPOSIT COMPANY OF MARYLAND ® FIDELITY AND DEPOSIT COMPANY 7 . Sur (SEAL) sae FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD.21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice. President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse aide hereof and are hereby.certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint. Robert E. Stalnaker, Jr., Joe N. Jay, Karen E. Vester, Shirley Lamberth, Gary W. Alexander, Velma Cozart, Michael R. Utech, John M. Barnes and John R. Sanders, all of Dallas, Texas, EACH e true and lawful agent and Attorney-in-Fact of each, to make, execute, seal and .deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings...EXCEPT bonds on behalf . of Independent Executors, Community Survivors and Community Guardians nd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes those issued on behalf of Robert E. Stalnaker, etal, dated, February 15, 1984 and on behalf of John R. Sanders, dated, March 21, 1984. IN WITNESS WHEREOF, the said Vice - Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this 16th day of November A.D. 19 ATTEST: FIDELITY AND DEPOSIT COMPANY MARYLAND �.. By ... Auinaat Seeremry FIDELITY AND DE SIT COMPANY SEAL (� • .�..st,,� 1,�-�w . By Asuman, Seamary Yice- Raidmr STATE OF MARYLAND t u: OW OF BALTIMORE . Oo this 16t1 da of November . A.D. 19 84 before the subscriber. • Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and qualified, came the .bore named Vice•Preudent. and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MAR and the FIDELITY AND DEPOSIT COMPANY. to me personally known robe the individuals and officer. described herein and who executed the preceding instrument. and they each acknowledged the execution of the mine. and being by me duly .worn. severally and each for binned deposeth and with, that they are the said officers of the Companies .foreaid. and dui the anls.Hiacd to the preceding instrument are the Corporate Seals of mid Companies. and that the said Corporate Seals and their signature. as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. C'tgof ye air tint above envy Public IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Se written. My commission expires July 1a 1986 CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is. full. true and correct copy. is in full force and effect on the date of this certificate; and I do further certify that the Vice- Preeiden• who executed the said Power of Attorney were VlrrPre.rdenl• •ppeerrt Ilv authorised by the Board. of Directors toepp in1 any Anorney.in•Fset as provided in Article VI, Section 2o( the respective Bylaw oft he F'IIIEI.ITS AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Director. of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at • meeting duly called and held on she 16111 day of July. 1969 and of the Board of Directors of t FIDE1.1IY A NTI DEPOSIT COMPANY at • meeting duly called and held on the 2nd day of November. 1976. RESOLVED: "That the fanimile or mechanically reproduced 'nom re of am Assistant Secretary of the l:ompany, whether made hneudore herafter, whenever appearing upon • certified copy of any Power of attorney issued by the loin shall be valid and Wilding upon thr l Lmpans with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my nameand affixed the corporate seals of the said I :unmoor s. !ht. doy d February , 19 86. u4IIMTSt-.ae 168 4th FOR YOUR PROTECTION LOOK FOR THE F &D WATERMARK EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice - Presidents, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directory or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice -Presidents, and At- tornies -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice- Presidents, or any one of the additional Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the wn- currenee of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice - Presidents, Resident Assistant Secretaries and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." AGREEMENT THE STATE OF TEXAS X COUNTY OF WILLIAMSON X THIS AGREEMENT, made and entered into this Page 1 of 2 day of , A.D., 1 9 d (9 , by and between the CITY OF ROUND� OCK, TEXAS, its Mayor, First Party, hereinafter termed the OWNER, and BAY MAINTENANCE CO., INC., of the City of Horseshoe Bay, County of Llano, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for an in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: SOUTHEAST ROUND ROCK WATER AND WASTEWATER IMPROVEMENTS CONTRACT 2 further described as the work covered by this specification consists of furnishing all labor, equipment, appliances, and materials, and performing all operations in connection with the excavation, installation of pipe lines and appurtenances, backfilling and compaction of trenches complete in accordance with the Plans, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Pro- posal attached hereto, and in accordance with the Notice to Contractors, General Conditions of Agreement, Special Condi- tions of Agreement, 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 CONTRAC- TOR'S written proposal, the General Conditions of the Agree- ment, and the Performance, Payment and Maintenance Bonds hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to complete the same within 180 calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have exe- cuted this Agreement in the year and day first above writ- ten. CITY OF ROUND ROCK, TEXAS Party of the First Part (OWNER) BY: Mike Robinson, Mayor ATTEST: ,WnAt decdL Corporate Seal BAY MAINTENANCE CO., INC. Party of the Second Part (CONTRACT BY: Signed Page 2 of 2 h- ank Dan King, Presi.ent (Th following to be executed if the Contractor is a Corpora- tion.) I, / ,O /S , certify that I am the Secretary of the Corporation named as Contractor here- in; that , .2an/,< 17ar/K'i/G , who signed this Contract on behalf of the Contractor was then (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Cor- poration by authority of its governing body, and is within the scope of its corporate powers. THE STATE OF TEXAS 1 COUNTY OF WTT ,T.TAmgnm 1 KNOW ALL MEN BY THESE PRESENTS, THAT BAY MAINTENANCE COMPANY, INC. County of BURNET PERFORMANCE BOND of the City of MARBLE FAT ."r , and State of mmo S as principal, and FIDELITY AND DEPOSIT ODMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), in the penal sum ONE MILLION FOUR HUNDRED EIGHTY FIVE THOUSAND EIGHT. Dollars of HUNDRED EIGHTY EIGHT AND NQ(� On ($ 1,485,888.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal shall faithfully perform said Con- tract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PB -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 BAY MAINTENANCE COMPANY, INC. Pr ncipal Hy Title Address HORSESHOE BAY PDX 8859 MARBLE FALLS, TEXAS By The name and address of the Resident Agent of Surety is: ROBERT E. STALNAEER, 7557 RAMBLER ROAD SUITE 550, DALLAS, TEXAS 75231 PB -2 FIDELITY AND DEPOSIT E P ° S./ Suret H N\ \ \ o ALLEN W. CRISS c y va, ^sa „ Title ATTORNEY— IN—FACT �y 5011 McKINNEY AVE. Address DALLAS, TEXAS 75205 TE' 3WEI.1 OF ATTO l'iN EY . . . . . . . .LL:.-_N SY T: •.•SF_ 1 - SETS: Td'It ibto, Fid , n,ld'Y d::• DS 1S13 C.villi:PANY (IF 1 and thc Fns:,1, AND ....,. : . .• CC-l - , PANY, •. ,01, , 00 of the S:ate of :..".., by C. N. PECOT, R. , Vice-Prr:a ident,• C. w. Rc :Ns , Assist:.nt St.:, ..,t, y, in 0 . ':,, :lc-, uf ,...'d:ority c ;r:.ntod '.:;• ... stick. VI, Sc,ti.nn 2of ' ,ctiveBy-La f 6 Comp ..,:es, v.d m forth on the rcvei sidu door. nid ntedutrr..b.:-c. - , . . : r ■ e d i o be in' full f,. ,:e and effect of 3h2. dae tl,ci,of, do Let nominate, cons!itutc, - 'Id appoint 7 :tn: add R. C - , - .712 y1 R. Zia rtheut t , Patricia A. Pfeifer and Allen W. Criss, all of 11 , 1.1s, Te-nss, 7Arm — .._— —....._ ____---- -------- • • 7 •:peeee Ltt t or s • ------ . ------ , execution of such bonds or orn.!, , .,1:ir.g..3 in purscr.r. ,,e of t:::, ;. ..-'.,--=', . .., t..:.- n ies, as fully and amply, to all intent: - .rui e. p0005, as if tl-ley had 1 ..n duly c:..ccutyd and arkm.... relccted officers of the resptcti i . Dmpanicsm thdr ot i., r . tiore, MI., :n their own : otter of at tolTney revokes Lltvc. ins - •fd on bada'.,.. 1 f P.3 R. 5, S. 17cfs : son, dated, Novel 9, 1981. Trif'SW8EPEOF,thesaid Vice-Presidents and As:istant r.:,cretar:k.a have hereunto •.:•-'-,.:71.7..d- ,1- ..-24-: - ..1., - ,.. - i and he Corporate Seals of the said FIDELITY AND DENOSIT COMPANY OF:MARYLAND , tiool the FIDEurr AN:: fPOSIT -T' 1,taY • ,,,,, r'. 1'7.7.6.. ....... - . this - 9 'h - --. • '''. - day of , . ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES BALTIMORE, MD. 21203 i -168-0199 e 1L5 Pat-=,4 vlsrism-st Secretory FIDELITY AND DEPOSIT COMPANY By .k sI&taay M.C.,YLAND 11.“-prckns FIDELITY AND DF.,DSTT CO7 Zi bNY FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK Sri - E OF MARYLAND ) .., Ci - i or BALTIMORE i ' On this 9th day of January .1.0.1986, hero, ;bit vubscriher, s Notary Public of the State of 1 2farylan d, in and for the City of Baltimore. duly commissioned inid snalified, eau. LI, ilx,,niatned Vioe•Frmidents and Assistsnt Secretaries of the ViDELITY AND DEPOSIT COMPANY OF MARYLAND and tho 7 l'.. AND r. CONff AN Y, to me personally known to he the indivichiels and officers described hereio and who eaecuted the precedit i,istrurnent, and hey each acledwiedged the execution of the same, and being by roe duly sworn. severedly and each for himself deposeth and sail! liat they are the id oftcers of the Companies aforausid,and that teals affixed to thoprecoding inttr merit are the Corporate Scols of mid Corn •ies, :in d that td ,aid Corporule Srals and their E:gnethres as anth officers aroie duly affixed and sub,: i bed to the said idstrumnnt by thc votbo i , i 1 direction of the arid Conior'tions. , e TEST/M nNI ‘ 1 hovo rt.:- - my biLi•od and •iffm - 1 my C;••!9 Cr• -r no1 im ire the d: y r . no l y ,-, D e b a ,,,, '- -• -- - 1 49 .•' ‘..0 - .,n ,.. ---:: - a . ., ' : : 8 • • :• . ,.. 7 . . . dc bc, o'1i.,• oertify :het the nr:, L.: .o• .2i ...' - rdtnincz v. Ann.. , in : ro, Li; .- r fon, ro. ...do: . - •:.• o... offoct on the ..... • .R cd this cotirione, and I do fordiec ron 2 - ,.." the Vine:, roo ..ts .' .i ,. r. ',I 1...o. ,-...d PO, C, of .. 1; .. oey etme ..2;- ..p : - - : i -•iii idhoriro.d by the Roords of Dtteciois to. aiioi. t •-ny..11ornov-imb1er '.'1, Svction 2 civil.: L of tho FIDELITY AND DEPOSIT C014PANY or 1,:nif 1 I.A.‘.•'.' ITZ1 nnd tbc FI..11 .o. L !..4.?ClSr ■ r..: ," . : . .` ..; 1. . . Pt iv cerlificIse rcay be sl,pond by fa csirnle und: and by -Lod-. • ty or ,!on. c: the toord °Infractor: uif 12.13DELTY i'AD DEPOSIT • '... .: ••-, - "• ' CC :',II ANY OF MARYLAND :,1 a ir.acting i !•.:..y s ... arid b vld oo 'LI e l•r' do y r.r! l':'59 and cf the ricard of Dl.ottors of the SID" :LITY . AND , Er' POSIT COMPANY at a m. et ing duly cuned ei d LA on i he 2nd day of !Cc: c.5. 19t8. r . , . . . . . .■ .'. • RESOLVED: - That tbeTar eimile or inechnnically repro ducod signal ore f ony A,isrant Secretary of the Coi-L mn ' hereafter. whenever appearing upon a certitied copy of an> rower of attorney issued by tl,e Company, shrill be vood andbinding upon the Company with the same force and effect as though manually affixed.' 13 TESTIMONY WHEREOF, I have hereon to subscribed my no and Affixed the corporate xals of the said Coon day of 19 . . . ' .e . . . ■ 1 THE 'STATE OF TEXAS 1 COUNTY OF County of WILLIAmsoN 1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT BURNEi' as principal, and FIDELITY AND DEPOSIT COMPANY' BAY MUNTENPNCE COMPANY, INC. • of the City of MARBLE FALLS,, , and State of PH-3 TEXAS authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), in the penal sum ONE MILLION FOUR HUNDRED EIGHTY, FIVE THOUSAND EIGHT of HUNDRED EIGHTY EIGHT AND 14O /100 Dollars ($ 1,485,888.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Contract with the Owner, dated the day of 19 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecu- tion of the work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond provisions of Article 5160 of the Texas as amended and all liabilit determined in accordance with the to the same extent as if it were Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 Principal By Ti • BAY MAINTENANCE COMPANY, INC. FIDELITY AND DEPOSIT COMPANY ;rh G~PO T Address BOX 8859 HORSESHOE BAY MAPRTE FALLS, TEXAS is executed pursuant to the Revised Civil Statutes of ies on this bond shall be provisions of said Article copied at length herein. Surety By0/ W . ALLEN W. CRISS Title ATIORNEY-IN T, ` Address 5011 McIY AVR� DALLAS, TEXAS 75205 The name and address of the Resident Agent of Surety is: ROBERT E. STATNAKER, 7557 RAMBLER ROAD SUITE 550, DALLAS, TOMS 75231 PB -2 FIDELITY A • - D DE2OSI'T COMPANY OF FIDELITY A D DEPOSIT COMPANY HOME OFFICES: EA LT! 2.10r L. .To17.9. 2120.= ".1..M7.74 TTEF3 COMPANY, te f C. ft:f.tf, tarf , Vice.tPrasishant, , W . R S tha rat.; Ltia IlyLasss of said Go. ' Lot.t footh.: .00vori2st ,.. • .s..'oy at:ft:ft:LI hat ! in CA Lace an-i effect of .he cia.e t' a . titnte, R. Ley R. ::forralacutt, Patricia A. Pfeif r and AILL..n Cris, all of The Car.paries ha of such broe.ds or taar!er ,t-hlss C7,,, as fuly and amply, to all in:ants. puspo=as,a.s if fl,ay had Laat. • s I L the :y el 1 of:fir:ors of the ..tsiasatty Ca.,,,a_nios at t•Oleti ; 'I 7 ,:a ▪ , at. _Las e1 of artorny revo!es that :::rf o T:r...ald R. Cathay S. 7.0bertson, dated, l'7DvembPr 9, 31 . NESS:CCI.E73.EGF, the E•aid Vice.Presideras an tsistant, SaaratioHaF. hat, h ...o.suhaosfja,1cha:: no:7.J. a:A aft' e Cos perste Sea!s cf the said FID7LITY AND 7::! i„ CP MAriYi. Cc this th (Tay ef ATTEST: - - dioi I° ilDELII Y ND DEPO3IT COMPANY •Asoisoono Secretary ST‘TE, OF MARYL‘ND CITY OF BALTIMORE 3 J ig 86 Nctary Pub!ic of h in :Ind On this 9th day of for the Cry of P aulY and T..Iined, came ihic , ci the .L; LiTY AND DEPOSif COMPANY OF MARYT.,,ND aild the FIDELITY AND'irif,?017..-11 Cf:,: ANY, to one poro,—y knowri vo • the oh avid r dcocrihed herein and who exec.: t. .!,e prec.eding instrument, and f-v00 oolvmow!,...2f.ei the executio, of the some, ,nd hy me duly oworn, se, troll, and CBC h for himself c'vpoofitli vir.d sail h, at ihey are Mt soi2 ofEcers h 1 co thot tho i.ed evecedin& initrovi,"ioni are : h., CnrporLte Sivids of vaid Cv.n., =hies, voila thav the oo , cMcv..73 wore duly affixed and 10 thr ouvhority and directin, tho vv,il`Cpv: iCr:•it ! be, ! ore,viro ha: d .); C.!!' ' •-• CT') c), y !rirot pbc,e : to By lir:P1-11TY A : r CWJPANY .{ AND DUO$IT )::C/2!:".ANY !! - T! 8. r . ; Lc.b.)rity .11!',LITY !2 00..'2.'.:cY c 0 0 a 17— !b,!-•!ty, Dif,:crt tCC'I'Y,rn d 0:,. ) r of OL8ID — Thot the'for—Hilo or ii.ochoviicoIly r,p7oduc,' A hcveiofore or hertafter. whenever iov ccyy of savi,o,er or, by the Cr.), sh :he cor-voan Y ihe force and effec !hough mon,!]., a.hxedi IN TESTIMONY W FIER .F, I have Foi:turlio i,liscribed my norno and affixed the ciorporatrswids of lhosold Compwnica. this By Vice -168-0199 FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK MAINTENANCE BOND THE STATE OF TEXAS X 1 COUNTY OF X 1 KNOW ALL MEN BY THESE PRESENTS, THAT WE , as PRINCIPAL and 1 , a Corporation organized under the laws of the State of , as SURETY, are held and firmly bound unto 1 , as OBLIGEE, in the penal sum of Dollars ($ ), 1 to which payment will and truly to be made we do bind our- selves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. 1 WHEREAS, the said PRINCIPAL has constructed 1 1 WHEREAS, said OBLIGEE requires that the PRINCIPAL furnish a 1 bond conditioned to guarantee for the period of one year after approval by against all defects in workmanship and materials which may become apparent during said period; 1 1 MB -1 1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the PRINCIPAL shall indemnify the OBLIGES for. all loss that the OBLIGEE may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the OWNER, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this day of 19 Principal Surety By: By: Title Title Address Address The name and address of the Resident Agent of Surety is: MB -2 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MNJODMry POLICY EXPIRATION DATE WINDOM') LIABILITY ' LIMITS IN THOUSANDS EACH gGGREGATE GENERAL LIABILITY — COMPREHENSNE FORM PREMISES/OPERATIONS — UNDERGROUND — EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS — CONTRACTUAL _ INDEPENDENT CON _ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY - ” • BODILY INJURY $ p DDA $ $ BI & PO COMBINED „. -• PERSONAL INJURY $ 'g AUTOMOBILE — —. _ — LIABILITY ANY AUTO ALL OWNED AUTOS (PRN. PASS.) ALL OWNED AUTOS (PNVRpmA) HIRED AUTOS - NONCWNEO AUTOS GARAGE LIABILITY BODIL NARY VER MOM B7DLT MIRY (PER APJDErm PROPERTY DAMAGE CO PD $ $ �, :.' • :.� $. B *. .'• EXCESS LIABILITY _ UMBRELLA FORM OTHER THAN UMBRELLA FORM - CI a BD COMBINED $ •*c' CID ENT X WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 1616 00 096469 1 1 / 0 1 / 6 1 1 1 / 0 1 / 8 - � TOR t � A $ (EACH ACCIDENT) L E (DISEASE POLICY LIMIT) i (DISEASE -EACH EMPLOYEE) }; OTHER PRODUCER DVERAGES : -K RREN, HARRIS AND ASSOCIATES . O. BOX 681277 OUSTON, TEXAS 77268 -1277 RED BAY MAINTENANCE COMPANY, INC. RSESHOE BAY, BOX 8859 ARBLE FALLS, TX. 78654 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER WAUSAU INSURANCE COMPANY COMPANY B LETTER COMPA LETTER NY C COMPANY D L ETT ER t 't *" COMPANY E LETTER COMPANIES AFFORDING COVERAGE I 1TY OF ROUND ROCK 14 E. MAIN STREET ROUND ROCK, TX. 78664 1 cord SCRIPTION OF OPERATIONS /LOCATIONSNEHICLESSSPECIAL ITEMS ' ISSUE DATE (MMiDD:YY) 4 I / THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. ERTIFICATE NOL'OERAs ,•;302/841' ANCELLATION ANY OF THE ABOV PIRATION DATE THERE MAILI0 DAYS WRITT { LEFT, BUT FAILURE TO h f ' OF ANY KIND UPON TH c4• CRIBEO POLICIES BE CANCELL • THE ISSUING COMPANY W OTICE TO THE CERTIFICATE - • L UCH NOTICE - U. IMPOSE . - MPANY, S A" ENTS O - P BEFORE THE EX- ENDEAVOR TO DER NAMED TO THE OBLIGATION OR LIABILFTY RESENTATIVES. V „ ' THIS CERTIFICATE NO RIGHTS UPON EXTEND OR - . f , �i l c5'JF DATE 0 DDNY) 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AM END, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, FD EFFECTIVE ADM DATE )MNUDD.HYI COMPANIES AFFORDING COVERAGE COMPANY A LETTER Amen.Loan Gene/tat Fite 8 Caeua-C-t COMPANY B gGGREGATE LETTER GENERAL w i:■ t ii El ri II IIII IIII II COMPANY C LETTER 18 757050 COMPANY D LETTER 4- 1 1 - 8 7 ,. COMPANY E LETTER $ $ - CO LTR OF INSURANCE POLICY NUMBER FD EFFECTIVE ADM DATE )MNUDD.HYI POLICY EXPIRATION DATE IMM/DD(YYI LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE gGGREGATE A A " - ..` A GENERAL w i:■ t ii El ri II IIII IIII II LIABILITY COMPREHENSIVE FORM PREI,L'SES UNOERGRGUND EXPLOSIUT1 S GDI I APSE HAZARD PRODUCTS /COMPLt IEO OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY - 18 757050 - 4 - 1 1 - 8 6 4- 1 1 - 8 7 ,. BODILY INJURY $ $ $ $ PROPERTY DAMAGE $ $ COMBINED $ 500, $ 500, PERSONAL INJURY $ 500, AUTOMOBILE LIABILITY eI ANY AUTO 11 ALL OWNED AUTOS (PRIV. PASS.) IF ALL OWNED AUTOS (i RPTASSN) HIRED AUI05 iir NON -OWNED AUTOS ■ GARAGE LIABILITY ■ , GLM28818714 - '4 -11 -86 4 -11 -87 - BODILY i $ -' - - EMMY KURT (RR ACODE NO $ PROPERTY DAMAGE $ BI s Pp COMBINED $ 500, EXCESS ■ LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM 0547973515 4 -11 -86 4 -11 -87 COMBED ' $2,000,$ 2, 000 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY . STATUTORY • $ TEACH ACCIDENT) $ (DISEASE -POLICY LIMIT) $ (DISEASE EACH EMPLOYEE( OTHER PRODUCER INSURED ord, EDWARDS- NORTHCUTT- LOCKE, AGENCY 5011 MCKINNEY AVENUE DALLAS, TEXAS 75205 TEL NO. 214/522 -4500 Bay Maintenance Company, Inc. Uoneeehoe Bay, Box 8859 1.4anb5e FaCP.e, TX 78654 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS Az neapecta: Pnojec.t S.E. Round Rock waters E (Vae -to. Ula-ten Imanovementd Contnac -t 1 8 2 EIIMPICATE IOLTDEN;i liCANCELLATIONv { z i r} ? C.L.ty o4 Round Rock 214 E. Main S.tnee.t Round Rock, TX 78664 k ilm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP ESENTATIVE //' The low bidder is required to supply the following informa- tion. Additional sheets may be attached if necessary. (1) Name (2) Address (3) Phone Number (4) Type of firm: ( ) Individual, ( ) Partnership, ( ) Corporation (5) Corporation organized under the laws of the State of (6) List the names and address of all members of the firm or names and titles of all officers of the corporation: (7) Number of years experience (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner INFORMATION REQUIRED OF LOW BIDDER (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in ex- cess of one -half (1/2) of one percent (1 %) of the total bid price and indicate what part of the work will be done by each such subcontractor: Name Address Work to be Performed Page 1 of 2 (10) Payment of taxes, in the State of Yes No (11) If requested by the Owner, the Low Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently compre- hensive to permit an appraisal of his current financial conditions. Page 2 of 2 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 4 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 5 2.08 Royalties and Patents 5 2.09 Keeping of Plans and Specifications Accessible 5 2.10 Discrepancies and Omissions 5 2.11 Contractor's Understanding 5 2.12 Extra Work 6 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 3 2.16 Owner's Status 8 2.17 Completed Portions of Work 8 2.18 Materials 8 2.19 Receiving and Storage of Materials 8 2.20 "Or Equal" Clause 8 2.21 Completed Work 9 2.22 Materials Furnished by the Owner 9 2.23 Protection of Property 9 2.24 Shelters for Workmen and Materials 9 2.25 Sanitary Facilities 10 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 10 3.01 Labor, Equipment, Materials and Construction Plant 10 3.02 Performance and Payment Bonds 10 3.03 Contractor's Ability to Perform 11 3.04 Superintendence and Inspection 11 3.05 Character of Employees 11 3.06 Contractor's Duty to Protect Persons and Property 11 3.07 Safety Codes 12 3.08 Barricades 12 3.09 Minimum Wages 12 3.10 Unsuitable Work or Materials 12 3.11 No Waiver of Contractor's Obligation . • • 13 3.12 Site Clean Up 13 3.13 Guarantee 14 (CONTENTS CONTINUED) Pa e 4. OWNER'S OBLIGATIONS AND REPONSIBILITIES 14 4.01 Lines and Grades 14 4.02 Right of Entry 14 4.03 Owner's Inspectors 14 4.04 Collateral Work 15 4.05 Right -of -Way 15 4.06 Adequacy of Design 15 5. SCHEDULING AND PROGRESS OF WORK 15 5.01 Order and Prosecution of the Work 15 5.02 Rate of Progress 16 5.03 Sunday, Holiday, and Night Work 16 5.04 Hindrances and Delays 16 5.05 Extensions of Time 17 5.06 Liquidated Damages for Failure to Complete on Time 17 6. INDEMNITY 18 6.01 Contractor's Indemnity Provision 18 6.02 Workmen's Compensation Insurance 18 6.03 Comprehensive General Liability Insurance 18 6.04 Owner's Protective Insurance 19 6.05 Comprehensive Automobile Liability Insurance 19 6.06 Insurance Certificate 19 7. TERMINATION OF CONTRACT 20 7.01 Right of Owner to Terminate 20 7.02 Right of Contractor to Terminate 20 7.03 Removal of Equipment 20 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 20 8.01 Notification of Contractor 20 8.02 Retention of Contractor's Equipment and Materials by Owner 21 8.03 Methods of Completing the Work 21 8.04 Final Acceptance 22 8.05 Disposition of Contractor's Equipment 22 9. MEASUREMENT AND PAYMENT 23 9.01 Character of Measurements 23 9.02 Estimated vs. Actual Quantities 23 9.03 Payment 24 9.04 Monthly Estimates and Payments 24 9.05 Certificates of Completion 24 9.06 Final Estimate and Payment 25 9.07 Notarized Affidavit 25 9.08 Release of Liability 25 9.09 Contractor's Obligation 26 9.10 Payments Withheld 26 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS 1.01 Calendar Day. A calendar day shall be the 24 hour period from one midnight to the next consecutive mid- night. 1.02 Contract Documents. The Contract Documents shall con- sist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance and Payment Bonds; the Gen- eral Conditions of the Agreement; the Special Condi- tions of the Agreement; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complemen- tary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Sign- ed Agreement, Performance and Payment Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business or- ganization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representa- tives. 1.04 Engineer. "Engineer" shall mean Haynie s Kallman, Inc., or such other Engineer, supervisor, or inspector who has been designated, appointed, or otherwise em- ployed or delegated by the Owner for this work, or their duly authorized agents, such agents acting with- in the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner" shall mean the City of Round Rock, named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. 1.07 Plans. "Plans" shall mean and include (a) all draw- ings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engi- neer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted'by the Contrac- tor to the Owner when and as approved by the Engi- neer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepar- ed by the Owner as a basis for proposals, (b) all sup- plementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to_'a special design according to the Contract plans or specifications; it does not, how- ever, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially com- pleted" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be fur- nished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the prin- cipal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. GC -2 1.13 Written Notice. "Written notice" shall'be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if de- livered at or sent by certified or registered mail to the last business address known to him who gives the notice. 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litiga- tion it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Con- tract; that he shall determine all questions in rela- tion to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and find - ings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided, how- ever, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the Con- tractor are found to be unsafe or inadequate to secure the quality of the work or the rate_of progress re- quired under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. GC -3 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or altera- tions diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If they increase the amount of work and the increased work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this Con- tract; otherwise such work shall be paid for as pro- vided under Section 2.12 "Extra Work ". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in prepa- ration for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the.liability of `the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage aris- ing out of the nature of the work to be done or from the action of the elements or from any unforeseen cir- cumstances in the prosecution of the work or from unu- sual obstructions or difficulties which may be encoun- tered in the prosecution of the work shall be sustain- ed and borne by the Contractor at his own cost and expense. 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which GC -4 in any manner affect the Contract or the work and shall indemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his em- ployees or his subcontractors and their employees. 2.07 Licenses Permits and Certificates. Except as herein- after stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is re- quired such permit will be obtained by the Owner at no cost to the Contractor. 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented inven- tion used by him in connection with the work done or material furnished under this Contract; provided, how- ever, that if any patented material, machinery, appli- ance, or invention is clearly specified in this Con- tract, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 i Kee n of Plans d S ci ficati o ns Accessible. The Engineer s a u an rnish a Contractor with three (3) sets of executed Plans and Specifications without ex- pense to him, and the Contractor shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in ac- cordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation de- fined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifica- tions or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examina- tion, satisfied himself as to the nature and location GC -5 of the work, the conformation of the ground, the char- acter, quality and quantity of the materials to be en- countered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversa- tion with any officer, agent, or employee of the Own- er, either before or after the execution of this Con- tract, shall affect or modify any of the terms or ob- ligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifica- tions and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compen- sation to be paid the Contractor for performing extra work shall be determined by one or more of the follow- ing methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or GC -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Method "C" - If neither. Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15%. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, crafts- - men, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges neces- sarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expens- es; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional pre- miums for construction bonds, workmen's compensation, public liability and property damage, and other insur- ance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also speci- fy in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equip- ment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superinten- dence. 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Owner, nor shall he assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to became due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to GC -7 become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully re- sponsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon writ- ten notice from the Owner. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any sub- contractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not com- pleted in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially work substantially increases the cost:.of or delays construction, the Contractor shall be entitled to'.extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term or equal" the Contractor may submit a written request to GC -8 the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Con- tract Documents. 2.21 Completed Work. The Contractor shall maintain contin- uous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign ele- ments. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamina- tion of such materials that must be maintained and in- corporated into the work in a sanitary condition. 2.23 Protection of Pr opertY. The Contractor shall give -reasonable notice to the owner or owners of public or :private property and utilities when such property is liable to injury. or. damage through the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utili- ties. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belong- ing to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be main- tained in a manner satisfactory to the Engineer. GC -9 2.25 Sanitary Facilities. Necessary sanitary toilet facil- ities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equip- ment, machinery, supplies, and materials necessary for the prosecution and completior of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protec- tion of any material, tools, or machinery on any part of the work until it is finally completed and accept- ed. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Pa ment Bonds. It is further agreed 15 The Parties- to.thiss Contract that the Contractor will execute: separate performance and payment bonds, each in the sum of 100%.of the total. Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or fur- nishing him any equipment in the execution of the Con- tract: It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the per- formance and payment bonds shall be acceptable accord- ing to the latest list of companies holding certifi- cates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. GC -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 :1 1 1 1 1 3.03 Contractor's Ability to Perform. Upon request by•the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment in- ventory and records showing the satisfactory comple- tion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 "Termination of Con - tract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a compe- tent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superinten- dent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides.continuous and proper supervi- sion of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to em- ploy only order y, competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub -stan- dard character by reason of carelessness, incompe- tence, or inexperience on the part of the workers the installation of such work shall be immediately sus- pended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Dut to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking rea- sonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in GC -11 anyway connected with the performance of this Con- tract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the per- formance of this Contract unless necessary to its per- formance, and in that event the Contractor shall pro- vide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be nondeleg- able, and the Contractor's compliance with the speci- fic recommendations and requirements of the Owner as to the means of warning shall not excuse the Contrac- tor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, and Muni- cipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America ex- cept where incompatible with Federal, State, or Muni- cipal laws or regulations. 3.08 Barricades. When barricades are used to satisfy safety requirements, such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established pre- vailing wage scale for work of a similar character in this locality. The Contractor shall pay not less than the general prevailing wages as established by the U.S. Department of Labor and shall keep accurate wages records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice thereof from the Contracting Officer, GC -12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be de- ducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or inspector shall have no power to waive the obligations of this Contract for the furnishing by the Contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor, or inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however that the Engineer, supervisor, or inspector shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been ac- cepted by the Engineer, supervisor, or inspector such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet the specifications for the work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer prior to final acceptance, and if found not in accor- dance with the specifications for said work, all ex- pense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the ex- pense thus incurred shall be allowed as "Extra work" and shall be paid for by the Owner. 3.12 Site Clean Up. The Contractor shall not allow the site of the work to became littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction per- iod. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or con- duits, shall tear down and remove all temporary struc- tures built by him, shall remove all rubbish of every GC -13 kind from the tracts or grounds which•he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of 12 months from and after t he date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judg- ment of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contrac- tor's expense; provided, however, that in case of an emergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever neces- sary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Con- tractor, and in case of careless destruction or remov- al by him or his employees such stakes, marks, etc. shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or loca- tion on which the work herein contracted are being constructed or installed for the purpose of supervis- ing and inspecting the work or for the purpose of con- structing or installing such collateral work as the Owner may desire. 4.03 Owner's Inspectors. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervi- sors, or inspectors as the said Owner may deem neces- sary to inspect the material furnished and the work GC -14 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 1 1 done under this Contract, to see that the said mater- ial is furnished, and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and in- structions of the Engineer, supervisors, or inspectors so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to pro- vide all labor and material essential to the comple- tion of work that is not included in this Contract either by a separate contract or otherwise. Any col- lateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the pro- gress of the work being accomplished under this Con- tract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 Right -of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. 4.06 Adequacy of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, suffi- ciency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has com- plied with the requirements of the said Contract Docu- ments, all approved modifications thereof, and addi- tions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has com- plied with the said requirements of the Contract Docu- ments, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and sea- sons in such order of precedence and in such manner as shall be most conducive to economy of construction; GC -15 provided however, that the order and time of prosecu- tion shall be such that the work shall be substantial- ly completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the ele- ments or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engi- neer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to in- crease or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Con- tractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunda H olida and Ni ht Work. Except in connection with the ca maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engi- neer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not com- plying with the plans and specifications or the intent thereof, the Contractor shall have no claim for dam- ages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judg- ment of the Engineer occurred as a result of the work stoppage. GC -16 Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or per- sonnel, or where the Engineer determines that unrea- sonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspend- ed until he shall have provided adequate plant, equip- ment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neg- lect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as deter- mined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Damages for Failure to Coni lete on Time. The Contractor agrees that time is of a essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and con- tracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanent- ly from the Contractor's total compensation, not as a penalty but as liquidated damages, the sum per day given in the following schedule: Amount of Liquidated Amount of Contract Damages Per Day Less than $ 5,000.00 $ 5,001.00 to $ 15,000.00 15,001.00 to 25,000.00 25,001.00 to 50,000.00 50,001.00 to 100,000.00 100,001.00 to 500,000.00 500,001.00 to 1,000,000.00 1,000,001.00 to 2,000,000.00 2,000,001.00 to 5,000,000.00 GC -17 $ 30.00 35.00 40.00 50.00 70.00 200.00 300.00 400.00 500.00 6. INDEMNITY 6.01 Contractor's indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Con- tract, the Contractor shall indemnity and save harm- less the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, and ex- penses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or alleg- edly caused, by any willful acts, negligence, nui- sance, or breach of any term or condition of this Con- tract by the Contractor, his agents, servants, subcon- tractors, or employees. The Contractor shall further- more indemnify and save harmless the Owner and the Owner's agents and employees from all demands of sub- contractors, workers, material persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontrac- tors or their employees and subcontractors shall be restored to its condition prior to damage by the Con- tractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may became due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employ- ees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall fur- nish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcon- tractors' compliance with said statute. 6.03 Comprehensive General Liability Insurance. The Con- tractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Com- prehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability GC -18 1 1 1 1 1 1 1 1 1 1 1 1 1 ,1 . 1 1 1 =1 1 of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The lia- bility coverage under this policy shall cover Indepen- dent Contractors. Liability limits for the Comprehen- sive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been com- pleted and accepted by the Owner, an Owner's and Con- tractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liabil- ity Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Con- tract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whe- ther they are owned, non- owned, or hired by the Con- tractor, in which shall specifically insure contrac- tual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehen- sive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 each accident 6.06 Insurance Certificate. In connection with the insur- ance coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given 10 days advance written notice before any provisions GC -19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of the policies are changed or in the event said poli- cies shall be cancelled. This Certificate of Insur- ance shall be provided to the Owner prior to starting any construction work in connection with this Con- tract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resourc- es or remedy give the Contractor written notice of termination of the employment of the Contractor 10 days subsequent to such notice. Immediately following such date the Owner may take possession of the site of the work and all material, equipment, tools, and ap- pliances thereon and may finish the work in accordance with the provisions of Section 8 "Abandonment of Con- tract by Contractor ", of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped y order of any public authority or court through no acs or fault of the Contractor for a period of three (3) months or if the Owner should substan- tially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon 10 days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within 10 days after receipt of the notice. Should he fail to do so within 10 days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to refuse to resume work within 10 GC-20 1 1 1 1 1 1 1 1 1 1 , ' 1 1 ., 1 1 1 days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as hav- ing abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the per- formance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connec- tion with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settle- ment. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for com- pletion hereinbefore provided within 10 days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of work- ers and use such machinery, equipment, tools, mat- erials, and supplies as said Owner may deem neces- sary to complete the work and charge the expense of such labor, machinery, equipment, tools, mater- ials, and supplies to said Contractor, and the ex- pense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contrac- tor under and by virtue of this-Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Con- tractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same GC-21 had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after 14 days notice published two or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contrac- tor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter pro- vided shall be issued. A complete itemized statement of the Contract accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contrac- tor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said state- ment within 15 days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to com- plete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machin- ery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Con- tractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there re- mains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof to- gether with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this GC -22 Contract; provided, however, that actual written notice given in any manner will satisfy this condi- tion. After mailing or other giving of such notice such property shall be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After 15 days from the date of said notice the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either pub- lic or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise spe- cifically provided. 9.02 Estimated vs. Actual Quantities. Any and all estimat- ed quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quan- tity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as 25 percent more than or 25 percent less than the esti- mated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of GC -23 the work above or below 25 percent of the estimated quantity prior to initiating work or furnishing mater- ials for the overrun or underrun quantities. Such re- vised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all mater- ial embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirements of the Engineer. 9.04 Monthl Estimates and Pa ents. On or about the fifth ay of each mont the Engineer will make an approxi- mate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Con- tractor 90 percent of the amount of such estimated sum on or before the 15th day of said month. It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommen- dation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accor- dance with the plans, specifications and Contract. If GC -24 so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final accep- tance of the work covered under this Contract. 9.06 Final Estimate and Payment. After the Contract Com- pletion Certificate has been issued the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnish- ed under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. The Owner shall pay the Contractor within 15 days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically under- stood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required by Section 9.07 en- titled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payments shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake, it is agreed that all estimates, when approved by the Owner, shall be conclusive evidence of the work done and materials furnished. 9.07 Notarized Affidavit. Before final payment for the work by the Owner the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company con- sents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contrac- tor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any per- son relating to or affecting the work. GC -25 9.09 Contractor's Obligation. Neither the Contract Comple- tion Certificate nor the final payment nor any provi- sion in the Contract Documents shall relieve the Con- tractor of the obligation for fulfillment of any war- ranty which may be required in the Contract Docu- ments. 9.10 Payments Withheld. The Owner may, on account of sub- sequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments proper- ly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. GC -26 SPECIAL CONDITIONS OF AGREEMENT SECTION 01 - INFORMATION 01 - - ENGINEER SPECIAL CONDITIONS OF THE AGREEMENT The word "Engineer" in these Specifications shall be understood as referring to Haynie & Kallman, 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 leas 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 - GOVERNING CQDE All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 - LIQUIDATED DAMAGES FOR DELAY The Contractor shall pay to the Owner for each and every calendar day, including Sundays and legal holidays, that he shall be in default by not completing the whole work to be done under this Contract, after giving effect to extensions of contract time which are authorized hereunder, the sum of $200.00 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 1 01 -05 - TIME OF COMPLETION 01 -06 - gWNEE 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 of parties named in the Notice to Contractors. 01 -07 - LOCAT I ON 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 LANUS 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 -of -ways that already have been acquired while such easement acquisition procedures are in progress. No extra cost to Contractor shall be due by Owner for any delays caused by easement acquisition, but Owner may extend the calendar days of the contract, if delays occur. SC -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 gm 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 gm Landowner. If the Contractor damages gf kills any trees within the temporary easement without express written permission from the Engineer gm 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 gm 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 No burning of trash, dead trees, and brush or any other materials shall be allowed. The Contractor shall be liable to the Landowner for any injuries to cattle or other stock caused by animals falling in trenches or. escaping through gates or fences being left open or injured or lost in any other way. The Contractor will make fair and equitable settlement with the Landowner for such damages prior to the 10% final retainage being released. The possession of firearms or other weapons on Landowners property is strictly forbidden in order to preserve the wildlife on the tract. The Contractor shall provide portable toilets 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 21 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. 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. For work within the highway right -of -way, the Contractor shall contact Luther Toungate, Maintenance Foreman, Phone 512 - 863 -2842 in Georgetown, Texas, and follow his requirements. 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 period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and 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 - $LASTING 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: SC -5 * Revised per Addendum No. 1 dated January 28, 1986 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 required. 2. The Contractor shall notify the City of Round Rock, Public Works Department, 255 -3612, at least twenty -four (24) hours prior to the use of explosives. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineer. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the Inspector, the permit, or by 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. 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 coat 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. SC -6 * Revised per Addendum No. 1 dated January 28, 1986 SECTION 03 - INSURANCE 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. * 02 -08 - 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 Plans. TS:1 Technical Specifications hold priority of interpretation over the City of Austin Standard Specifications. 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: Public Liability and Property Damage to protect the Contractor, any of this Subcontractors and the Owner against claims arising from personal injury, including accidental death, ae 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 pamaae to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amounts for liability. SC -7 * Revised per Addendum No. 1 dated January 28, 1986 Worker's Compensati9n and Employer's Liability Insurance. Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. SECTION 04 - PREVAILING WAGE SCALE - jNOTICE 1. This determination of prevailing wages shall not be construed to prohibit the payment of more than the rates named. Under no condition shall any laborer, workman or mechanic employed on this job be paid less than the minimum wage scale. 2. In execution of this contract, the contractor must comply with all applicable state and federal laws, 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 Revised per Addendum No. 1 dated January 28, 1986 TECHNICAL SPECIFICATIONS MIScTn 'OUS 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. 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 Plane. 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, driveways 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, as shallow, live utility lines may be found within the construction easement. The location of existing overhead and underground utilities is approximate. In addition to normal precautions when excavating within 25 feet of any utilities shown on the Plans. 3. All pipe and fittings, at thrust blocks, shall be warped 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 water pipe. Proper notification of property owners by Contractor shall be accomplished eight (8) hours prior to blasting. Refer to "Special Conditions" for monitoring locations. TS -1 1 1 1 1 1 1 1 1 1 1 1 ;1 1 1 1 1 -1 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. 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. The Contractor shall make grade adjustments in the proposed lines as required to pass under all existing utility lines, 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. 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 1 1 1 1 1 1 1 1 1 1 1 1 1 :1 1 1 . 1 1 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. 1. Sewer pipe shall be Vitrified Clay (ASTM C700); Asbestos Cement (Class 2400, Type II); 1 -M Permaloc (ASTM D1784, 124540, 13364C); Spirolite (ASTM 1248, Type III, Class C, Category 5, Grade P34); P.V.C. (SDR -35); Ductile Iron Pipe (Class 50); or R.C.P. (Class III with 0-ring gasket and calcaverous aggregate, polygard lining is not required). 2. The size of the pipe shall be as shown on the Plans and in the Bid Proposal. 3. The type of manholes shall be as shown on the Plans. TS -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ;1 1 1 _1 1 TECHNICAL SPECIFICATIONS MIER 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. 1. Water mains shall be Ductile Iron, Class 50, Poly- wrapped, 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 AIWA 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. Check valves shall be of the flanged silent type as manufactured by APCO, PRINCE, or approved equal. 5. Curb stops and corporation stops shall be bronze, conform to current AWWA Standards, and be equal to those as manufactured by Hays, Mueller, or Ford. 6. Air release valves shall be the float and lever type as manufactured by the Valve and Primer Corporation. 7. Butterfly valves shall conform to AWWA Standard Specifications C504 -80 rubber seated butterfly valves. Butterfly valves above 8" shall have worm gear operator and handwheel. Gear operators shall be by Limetorque or approved equal. 8. 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. 9. Fire hydrants shall be 3-way Mueller. improved AWWA type, with pump nozzle for 4 -1/2' fire hose, or as approved by the Engineer. A 6" gate valve and valve box shall be provided on each fire hydrant lead. TS-4 10. 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 teats. If such bacteriological tests fail, the Contractor shall be responsible for re- sterilization of the mains. Samples will not be taken from fire hydrants. 11. Minimum cover over the top of water line shall be 36" unless otherwise specified on the Plans. 12. Forty -eight (48) hours prior to connection to the existing water lines, contact the City of Round Rock, Director of Public Works, Jim Ruse, 255 -3612, and follow his requirements. 13. All water mains shall include water line, valve and air release valve markers per the Standard Details shown on the Plans. 14. The exact location of gate valves, fire hydrants, etc. shall be located in the field by the Contractor, at the direction of the Engineer. TS -5 BASIS OF MEASUREMENT AND PAYMENT BASIS 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. Steel cylinder concrete pipe fittings will not be paid for separately. The Contractor shall include these in his bid for the laying of pipe. 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. MP -1 1 1 VIA -9.4 AUTOMATIC AIR RELEASE VALVE ASSEMBLIES I 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. VIA -9.5 FLUSHING VALVE ASSEMBLIES I Installation of flushing valve assemblies shall be paid for at the unit price bid per flushing valve installation and shall include the valve, pipe, fittings, concrete, box and cover, complete in place, per the detail. VIA -9.6 FIRE HYDRANTS 1 Fire Hydrants will be paid for at the unit price bid per each and shall include all pipe and fittings except valves between the main line fitting and the fire hydrant. The I main line fitting is paid for under "fittings" unless otherwise shown on the plans or Bid Proposal. 1 VIA -9.7 FIRE HYDRANT BARREL EXTENSIONS 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. VIA -9.8 WET CONNECTIONS Wet connections shall be paid for at the unit price bid 1 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 1 be paid for as a separate item, unless otherwise specified in the Bid Proposal. VIA -9.9 BORING, JACKING AND TUNNELING 1 When called for in the proposal, boring, jacking and tunneling shall be paid for at the unit contract price-bid I per linear foot, including all excavation, all necessary grouting, backfilling, cleanup, and the specified pipe casing pot including carrier (water) pipe, complete in I place. VIA -9.10 CONCRETE ENCASEMENT 1 When called for in the proposal, concrete encasement shall be paid for at the unit contract price bid per linear foot for the size of the pipe specified, complete in place. 1 MP -2 1 VIA -9.11 CONCRETE RETARDS When called for in the proposal, concrete retards shall be paid for at the unit contract price bid per each for the size of pipe specified, complete in place. MP -3 VIIA -7 WASTEWATER VIIA -7.1 PIPE BASIS OF MEASUREMENT AND PAYMENT 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. 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. VIIA -7.2 STANDARD MANHOLES When called for in the proposal, standard manholes shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. The depth of such structures shall be understood to be the 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 EXTRA DEPTH FOR MANHOLES When called for in the proposal, manholes with extra depth over eight feet (8') will be paid for at the unit contract price bid per vertical foot including all excavation, coatings and backfilling, complete in place. MP -4 VIIA -7.4 BOK MANHOLES When called for in the proposal, box manholes shall be paid for at the unit contract price bid per each regardless of depth, including all excavation, eyes, drop connections, coatings, ring and cover, and backfilling, complete in place. VIIA -7.5 CONCRETE ENCASEMENT OR CRADLE When called for in the proposal, concrete encasement or cradle shall be paid for at the unit contract price bid per linear foot for the size of pipe specified, complete in place. VIIA -7.6 CONCRETE RETARDS When called for in the proposal, concrete retards shall be paid for at the unit contract price bid per each, regardless of depth, including all excavation and backfilling, complete in place. VIIA -7.7 CONCRETE TRENCH CAP When called for in the proposal, concrete trench cap shall be paid for at the unit contract price bid per linear foot, complete in place. VIIA -7.8 BORING, JACKING AND TUNNELING When called for in the proposal, boring, jacking and tunneling shall be paid for at the unit contract price bid per linear foot, including all excavation, all necessary grouting, backfilling, cleanup, and the specified pipe casing not including carrier pipe (wastewater), complete in place. VIIA -7.9 LIFT STATIONS When called for in the proposal, lift stations shall be paid for at the unit contract price bid per each for such structures, including all excavation, necessary blocking and support for piping, backfilling and cleanup, complete in place. VIIA -7.10 CONCRETE ANCHORAGE BULKHEADS When called for in the proposal, concrete anchorage bulkheads shall be paid for at the unit contract price bid per each for the size of pipe specified, complete in place. MP -5 VIIA -7.11 REINFORCED CONCRETE PIERS When called for in the proposal, reinforced concrete piers shall be paid for at the unit contract price bid per each, complete in place. MP -6