The URL can be used to link to this page

R-87-997 - 5/14/1987improvements to Ganzert Branch Channel Phase II, and and with WHEREAS, the City has duly advertised for bids for certain WHEREAS, and best bid; and WHEREAS, M nne the /LAL Land, i y Secretary RESOLUTION NO. 997R %-62-6) GCt4 / submitted the lowest Council wishes to —.X. execution of the necessary doc t ents, Now Therefore accept the bid Ganzert Branch Channel Phase II. , and to authorize the BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of /yi✓ is hereby accepted as the lowest and best bid, and the Mayor is authorized enter into a contract for certain improvements to 7,4/h1, MIKE ROBINSON, Mayor City of Round Rock, Texas May 5, 1987 Mr. James R. Ruse, P.E. Director of Public Works City of Round Rock 214 E. Main Street Round Rock, Texas 78664 RE: Ganzert Branch Channel Improvements - Phase II Dear Jim: As you are aware, bids were received April 28, 1987, for the above referenced project. Nine (9) bids were received with Ranger Excavating, Inc, of Austin, Texas, submitting the lowest bid of $279,622.94. Please find enclosed twelve (12) copies of the bid tabulations for your use. Ranger Excavating, Inc. has completed numerous projects in the Central Texas area. Based on their past experience record and submission of the lowest and best bid, we recommend award of this project to Ranger Excavating, Inc. in the amount of $279,622.94. If you have any questions or comments, please call. Sincerely, HAYNIE HALLMAN & GRAY, INC. Paul R. Danley Project Manager PRD /crc Enclosures 103 - 1569 -86 Haynie ► n n gE d i Inc. 12303 Technology Blvd., Suite J Austin, Texas 78727 (512) 250 -8611 Civil Engineering Consultants Municipal Engineering land Planning Surveying LII?L7\ NMI M EXCAVATING INCORPORATED COMPLETED CONTRACTS Project- Shadow Oakes Apartments Amount of Contract: $ 460,000.00 Completion Date: March, 1986 General Contractor: Duke Austin 9430 Research Blvd. Suite 280 Austin, Texas 78759 J.P. Martin Project: Bridgepoint I & II Amount of Contract: $ 450,000.00 Completion Date: June 30, 1986 General Contractor: Daniel Construction 18333 Preston Road Suite 200 Dallas, Texas 75252 Mike Luciano Project: Lott / Bridgepoint Amount of Contract: $ 300,000.00 Completion Date: May 30, 1986 General Contractor: Lott, Inc. 2010 Oltorf Austin, Texas 78768 Wayne Lott Project: Parke Green Shopping Center Amount of Contract: $ 352,000.00 Completion Date: July 31, 1986 General Contractor: Daniel Construction 18333 Preston Road Dallas, Texas 75252 Mike Luciano Project: Parkhurst Apartments /Hampton Arms Amount of Contract: $ 350,000.00 Completion Date: August, 1986 General Contractor: Duke Austin 9430 Research Blvd. Suite 280 Austin, Texas 78759 J.P. Martin 8810 MCNEIL DR. • AUSTIN, TEXAS 78728 • (812) 831 -8881 Cont. Page 2 Project: Austin Hills Amount Of Contract: $ 570,000.00 Completion Date: February, 1986 General Contractor: RCL Construction 12876 Hillcrest Road Dallas, Texas 75230 Don White Project: AMC 8 -Plex Theatres Amount of Contract: $ 63,000.00 Completion Date: July, 1986 General Contractor: Tribble & Stephens Co. 2621 Ridgepoint Drive Suite 100 Austin, Texas 78754 David Kaiser Project: Lake Creek Village Amount of Contract: $ 167,171.00 Completion Date: August, 1986 General Contractor: C.D. Henderson 8107 Springdale Road Suite 112 Austin, Texas 78724 Mike Bridges Project: Pflugerville Elementary School Amount of Contract: $ 165,000.00 Completion Date: March, 1987 General Contractor: Evergreen Construction Company 1705 Capital of Texas Highway Suite 301 Austin, Texas 78746 Chris Bond Project: Sam's Wholesale Club Warehouse # 8249 Amount of Contract: $ 191,783.00 Completion Date: May, 1986 General Contractor: Baxter Construction, Inc. 1250 Capital of Tx. Hwy. South Bldg. 2 Suite 480 Austin, Texas 78746 Ed Baxter Project: Summit Crossing Amount of Contract: $ 101,000.00 Completion Date: May, 1986 General Contractor: Calibre Company 1101 Capital of Tx. Hwy. Bldg. H Suite 224 Austin, Texas 78746 Bob Bryant Cont. Page 3 Project: Woodfin Suites Amount of Contract: $ 192,674.00 Completion Date: November, 1986 General Contractor: Hardage Construction Corp. 7685 Northcross Drive Austin, Texas 78757 Rick Koetz Project: Westminister Manor Nursing & Retirement Facility Amount of Contract: $ 160,000.00 Completion Date: February, 1987 General Contractor: The Weitz Company 800 Second Avenue Des Moines, Iowa 50309 David Mitt Project: Deleon /Sapgertt Transportaiton Facilities Amount of Contract: $ 58,145.00 Completion Date: August, 1986 General Contractor: C.D. Henderson 8107 Springdale Road Suite 112 Austin, Texas 78724 Mike Bridges Project: Lake Creek Square (II) Amount of Contract: $ 256,000.00 Completion Date: February, 1987 General Contractor: C.D. Henderson 8107 Springdale Road Suite 112 Austin, Texas 78724 Mike Bridges Project- Leander High School Amount of Contract: $ 99,460.00 Completion Date: November, 1986 General Contractor: American Constructors 315 Nueces Austin, Texas 78701 Curt Burks Project: Pflugerville High School Amount of Contract: $ 64,000.00 Completion Date: August, 1986 General Contractor: Cahaba Constructors, Inc. 13430 Northwest Flay. Suite 750 Houston, Texas 77040 Jesse Gonzalez Cont. Page 4 Project: Corners of Coppell /Dallas Texas Amount of Contract: $ 232,760.00 Completion Date: August, 1986 General Contractor: Woodcreek Development 2515 McKinney Avenue Suite 1750 Dallas, Texas 75201 Charles Ames Project- McCallum High School Amount of Contract: $ 39,000.00 Completion Date: January, 1987 General Contractor: Spaw Glass Company 603 Navarro Suite 500 San Antonio, Texas 78205 Roger Hendrickson 6810 MCNEIL DR. • AUSTIN, TEXAS 78748 • (512) 331 -5651 CURRENT CONTRACTS Project: 8300 Mopac Amount of Contract: $ 222,646.00 Canpletion Date: August, 1986 General Contractor: David F. Gray Construction 8990 Hempstead Houston, Texas 77008 Will Ort Project: Guest Quarters Hotel Amount of Contract: $ 265,200.00 Carpletion Date: July, 1986 General Contractor: J.W. Bateson Company, Inc. 10150 Monroe Drive P.O. Box 20677 Dallas, Texas 75220 Project: The Hunt Club Amount of Contract: $ 406,839.00 Canpletion Date: March, 1987 General Contractor: Hunt Building Corporation 4401 North Mesa Suite 201 El Paso, Texas 79902 -1107 Greg Matthews Project: Market at Three Points Amount of Contract: $ 102,953.00 Completion Date: September, 1986 General Contractor: L.S. Interests 11490 Westheimer Suite 160 Houston, Texas 77077 Stuart Herbst Project: The Park at Wells Branch Amount of Contract: $ 210,313.00 Canpletion Date: February, 1987 General Contractor: PCA Contractors 7800 IH 10 West Suite 623 San Antonio, Texas 78230 Terry Bailey HANGER EXCAVATING II9CCRPORATED , Cont, Page 2 Project: Leander Elementary School Block House Creek Amount of Contract: $ 185,000.00 Completion Date: March, 1987 General Contractor: Evergreen Construction P.O. Box 161987 Austin, Texas 78716 -1987 Chris Bond Project: Leander Elementary School River Place Amount of Contract: $ 185,000.00 Completion Date: July, 1987 General Contractor: Evergreen Construction P.O. Bex 161987 Austin, Texas 78716 -1987 Chris Bond Project: The Islands On Lake Travis Entry Drive Amount of Contract: $ 35,000.00 Completion Date: August, 1986 General Contractor: The Prime Group 1301 Capitol of Texas Hwy. Suite B 120 Austin, Texas 78746 Paul Reed Project: General Mail Facility Austin, Texas Amount of Contract: $1,005,000.00 Completion Date: September, 1987 (90% complete by Octover, 1986) General Contractor: Warrior Contractors, Inc. P.O. Box 2186 Austin, Texas 78768 Jerry Warring Project: Walnut Creek Waste Water Treatment Plant Amount of Contract: $ 435,000.00 Completion Date: July, 1987 General Contractor: Clearwater Constructors P.O. Box 15547 Austin, Texas 78761 Ross Messner Project: South Austin High School Amount of Contract: $ 950,000.00 Completion Date: May, 1988 General Contractor: Spaw Glass Constructors 603 Navarro Suite 500 San Antonio, Texas 78205 Roger Hendrickson 'Cont.' Page 3 Project: South Austin Maintenance Facility Amount of Contract: $ 174,667.00 Completion Date: February, 1987 General Contractor: FJW, Inc. 905 W. Mitchell Arlington, Texas 76013 Project: North Austin Maintenance Facility Amount of Contract: $ 181,724.00 Caletion Date: February, 1987 General Contractor: FJW, Inc. 905 W. Mitchell Arlington, Texas 76013 Frank English Project: Salvation Army Amount of Contract: $ 44,284.00 Completion Date: September, 1987 General Contractor: Fulshear Corporation 610 Givarlatupe Austin, Texas 78701 David Joyce Project: Clampitt Paper Amount of Contract: $ 69,870.00 Completion Date: May, 1987 General Contractor: Vara Construction P.O. Box 9528 Austin, Texas 78766 George Gussick Project: Capital Parking Garages Amount of Contract: $ 184,895.00 Completion Date: October, 1987 General Contractor: Harvey Monarch Engineers & Builders P.O. Box 864 Houston, Texas 77001 -0864 Doug Losey Project: Bandera's Hare Delivery Amount of Contract: $ 26,164.00 Completion Date: June, 1987 General Contractor: L.S. Interests 11490 Westheimer Suite 160 Houston, Texas 77077 Stuart Herbst , Cont, Page 4 Project: Round Rock High School Amount of Contract: $ 621,557.00 Completion Date: April, 1987 General Contractor: Clearwater Constructors P.O. Box 15547 North East Station Austin, Texas 78761 Ross Messner Project: Central Austin Business Park Amount of Contract: $ 696,762.00 Compleiton Date: July, 1987 General Contractor: Billington Construction P.O. Box 7506 Waco, Texas 76710 Project: Village on the River Apartments Amount of Contract: $ 154,448.00 Completion Date: March, 1987 General Contractor: Cahaba Construction 13430 Northwest FWy. Suite 750 Houston, Texas 77040 Project: U.T. Physical Plant Amount of Contract. $ 348,000.00 Completion Date: September, 1987 General Contractor: Clearwater Constructors P.O. Box 15547 North East Station Austin, Texas 78761 PROJECT: GANLERT BRANCH DESCRIPTION: CHANNEL IMPROVEMENTS PHASE II OWNER; CITY IF ROUND ROCK JOB NUMBER: 103 - 1569 -86 FILE: J1:GB- CIPHSU BIB DATE: APRIL 22, 1987 9 1:30 P.M. PROJECT LOCATION: ROUND ROCK ITEM ND. CHANNEL IMPROVEMENTS DESCRIPTION TOTAL CONTRACT (ITEMS 1 - 131 n�u IOOULailUn RANGER EXCAVATING H6 STAKER CONST. PARKER 1 ROGERS UNIT UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Haynie Kaltman & Gray, Int. Consulting Engineers Ausrin,Texas 1. UNCLASSIFIED CHANNEL EXCAVATION C.Y. 64,024 $3.40 5217,681.60 $3.30 3211.279.70 $5.40 4345,729.60 2, UNCLASSIFIEDCHANNEL EMBANKMENT C.Y. 12.012 41_30 - 415,615.60 20.50 36,006.00 $1.25 515.015.00 3. CONSTRUCT EARTHEN BERM L.F. 600 42.00 51,200.00 22.50 51.500.00 $10.00 26.000.00 4, DRY ROCK RIP -RAP S,'Y. 2,771 46.00,$16,626.00 $15,00 441,565.09 512.50 434,637,50 5. CONCRETE TOEWALL FOR RIP-RAP INSTALL. L.F. 700 $7.00 44,900.00 $7.00 44,900.00 $7.00 44,900.00 6. 12' WIDE LOW WATER CROSSING EA. 1 $12,000.00 412,000.00 411,000.00 $11,000.00) 49,000,00 48,800.00 7. VEHICLE ACCESS RAMP EA. 3 4200.00 4600.00 41,000.00 43,000.00 4750.00 $2,250.:10 8. REPLACE BARBED WIRE FENCING L.F. 335 42.00 4670.00 43.00 01,005.00 42.50 $837.50 9. RESTORATION CHANNEL SIDES, BASE A S.Y. 72,829 40.06' 24,169.74 40.30 $21,048.70 $0.40 529,1 EMBANKMENT 10. ADJUST EXISTING MANHOLE EA. 5 $200.00 $1,000.00 $500.00 22,500.20 $500.00 $2,500.00 11. RELOCATE EXISTING POWER POLE EA, 2 4500,00 41,000.00 42,500.00 25.0000.00 42,0000.00 44,000.00 12. CONCRETE ENCASE, 12' WASTEWATER LINE L.F. 40 $9,00 4360.00 420.00 4800.00 420.00 8000.00 13. LOWERING EXISTING 16' WATERLINE L.F. 90 440.00 43.600.00 450.00 44,500.00 450.00 54,500.00 ?A9 4279,622.94 4314,903.90 4459,101.20 PROJECT: 6ANZERT BRANCH DESCRIPTION: CHANNEL IMPROVEMENTS PHASE II OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 - 1569-86 FILE: 21:6B-CIPHSII BID DATE: APRIL 28. 1987 @ 1:30 P.M. PROJECT LOCATION: ROUND ROCK CHANNEL IMPROVEMENTS TOTAL CONTRACT (ITEMS 1 - 131 BIG TABULATION HOOVER CONST. PAGE 2 H Haynie F Gray Inc. Austin, Toms BARB CON5T. J.C. 19005 ITEM JNIT UNIT UNIT ND. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1. UNCLASSIFIED CHANNEL EXCAVATION C.Y. 64,024 $3.90 0249.693.60 06.31 0403,991.44 $6.00 $304,144,00 2. UNCLASSIFIEDCHANNEL EMBANKMENT C.Y. 12,012 $1.95 023.423.40 01.31 515,735.72 $1.40 816,816.60 3. CONSTRUCT EARTHEN BERM L.F. 600 $13.20 07,920.00 $4.25 02,550.00 01.50 $900.00 4. DRY ROCK RIP-RAP S.Y. 2,771 027.22 075,426.62 027.00 074,817.00 029.90 082,852.90 5. CONCRETE TOEWALL FOR RIP -RAP INSTALL. L.F. 700 010.45 07,315.00 07.00 $4,900.00 09.10 06,370.00 6. 12" WIDE LOW WATER CR035ING EA, 1 08,783.00 08,783.00 011,000.00 $11,000.00 $9,750.00 $9,750.00 7. VEHICLE ACCESS RAMP EA. 3 01,320.00 $3,960.00 0750.00 $2,250.00 $100.00 0300.00 8. REPLACE BARBED WIRE FENCIN6 L.F. 335 03.05 01,289.75 $2.00 0670.10 03.00 01,005.00 9. RESTORATION CHANNEL SIDES, BASE A S.Y. 7 31.56 0113,613.24 $0.45 032.773.05 01.05 076,470.45 EMBANKMENT 10. ADJUST EXISTING MANHOLE EA. 5 0550.00 52.750.00 0350.00 01,750.00 0425.00 02,125.00 11. RELOCATE 001091NG POWER POLE EA. 2 0625.00 01,650.00 $1,500.00 03,000.00 $1,5000.00 $3,000.00 12. CONCRETE ENCASE. 12' WASTEWATER LINE L.F. 40 05.50 0220.00 $35.00 00,400.00 022.00 0060.00 13. LOWERING EXISTING 16" WATERLINE L.F. 90 $39.05 03,514.50 $45.00 04,050.00 $57.000 55.130.00 0499,509.11 $558,807.21 0589,744.15 PROJECT: 6AN BRANCH DESCRIPTION: .CHANNEL IMPROVEMENTS PHASE II OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 - 1569 - 06 FILE: J1:BB- CIPHS11 BID DATE: APRIL 28, 1907 D 1:30 P.M. PROJECT LOCATION: ROUND ROCK ITEM NO. DESCRIPTION CHANNEL IMPROVEMENTS AUSTIN -RIO CONST. AUSTIN EN6R. W,L. WOOD E800060IN UNIT UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT I. UNCLASSIFIED CHANNEL EXCAVATION C.Y. 64,024 $6.55 5419,357.20 60.00 $512,192.00 $10.00 $640,240.00 2. UNCLA5SIFIEDCHANNEL EMBANKMENT C.Y. 12,012 $1.65 $19,819.80 $4.70 $56,456.40 $2.00 124,024.00 3. CONSTRUCT EARTHEN BERM L.F. 600 $5.50 83,300.00 $6.00 $3,600.00 $5.00 13,000.00 4. DRY ROCK RIP - RAP 5.0. 2,771 $63.05 $176,928.35 $30.00 $83,130.00 $35.00 $96,905.000 5. CONCRETE TOEWALL FOR RIP -RAP INSTALL L.F. 700 $9.30 $6,510.00 $5.30 $3,710.00 $10$.00 $7,000.00 6. 12' WIDE LON WATER CROSSING EA. I $0,185.00 $8.185.00 68,000.00 08,000.00 $1 812,000.00 7. VEHICLE ACCESS RAMP EA. 3 $1,640.00 54,920.00 $3,000.00 $9,000.00 $500.00 $1,500.00 0. REPLACE BARBED WIRE FENCING L.F. 335 $3.80 $1,273.09 $2,00 $670.00 $5.00 $1,675.00 9. RESTORATION CHANNEL SIDES, BASE k S,0. 72,829 $0.55 840,055.95 $0.40 $29,131.60 $0.50 $36,414.50 EMBANKMENT 10. ADJUST EXISTING MANHOLE EA. 5 6302.00 $1,910.00 $700.00 $3,500.00 $1,000.00 $5,000.00 11. RELOCATE EXISTING POWER POLE EA. 2 $3.275.00 66,550.00 - $1,000.00 $2.000.00 $2,000.00 $4,000.00 12. CONCRETE ENCASE. 12' WASTEWATER LINE L.F. 40 821.05 $874.00 830.00 $1,200.00 $7.00 $280.00 13. LOWERING EXISTING 16" WATERLINE L.F. 90 $65.50 $5,895.00 $130,00 811,700.00 $50.00 $4,500.00 TOTAL CONTRACT (ITEMS 1 - 131 0695,570.30 $725.090.00 $036,610.50 00013 1 iS6 HayniKaltman o Gray Inc Austin, Texas PROJECT: GANEERT BRANCH DESCRIPTION: CHANNEL IMPROVEMENTS PHASE II OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 - 1569 - 86 FILE: J1:GB- CIPHSII BED DATE: APRIL 2B, 1987 D 1:30 P.M. PROJECT LOCATION: ROUND ROCK ITEM_ 40. DESCRIPTION UNIT QUANTITY CHANNEL IMPROVEMENTS 1. UNCLASSIFIED CHANNEL EXCAVATION C.Y. 2. UNCLASSIFIEDCHANNEL EMBANKMENT C.Y. 3. CONSTRUCT EARTHEN BERM L.F. 4. ORY ROCK RIP-RAP S.Y. 5. CONCRETE TOEWALL FOR RIP -RAP INSTALL. L.F. 6. 12' WIDE LON WATER CROSSING 7. VEHICLE ACCESS RAMP B. REPLACE BARBED WIRE FENCING 9. RESTORATION CHANNEL SIDES, BASE 11 EMBANKMENT 10. ADJUST EXISTING MANHOLE 11. RELOCATE EXISTING POWER POLE 12. CONCRETE ENCASE. 12" WASTEWATER 13. LOWERING EXISTING 16° WATERLINE TOTAL CONTRACT (ITEMS 1 - 13) EA. EA. L.F. S.Y. EA. EA. LINE L.F. L.F. N1U f4NULAIIUN SUN COAST EXCR0ATIN (BID NOT ACCEPTED) (PROPOSAL NOT SIGNED OR TOTALLED) UNIT PRICE AMOUNT 64,024 $4.19 3268.260.56 02,012 $1.26 115,135.12 600 $2.25 $1.350.00 2,771 $24.93 $69,081.03 700 $6.25 84,275.00 1 $10,996.00 $10,996.00 3 $90.00 $270.00 335 $9.00 $3,015.00 72,329 $0.50 $36,414.50 5 $500.00 $2,500.00 2 $1,115.00 $2,230.00 40 $9.00 $360.00 90 413.56 $1,670.40 PAGE 4 $415,657.61 Haynie KallmanEt Gray, Inc. Austin, Texas Haynie Kallman & Gray, lnc. Consulting Engineers 11303liwhnnh p Blvd _Suite .Ausnn.lesas 78727 1512) 250 -8611 Enclosures Transmitted: To: 4 °_( i/ i Attn: 041 • d Owe Enclosures: Attached Copy of Letter Item # # Copies Description _ For Your Files _ As Requested - Original Drawing - Prints For Review & Comment Fo For Approval Date- /1 S/ 7 /, 7 Project- l] Rm i2r gi « ' Q / 0 3 /i'G 5 — f(o Job #: VIA - Field Notes - Pay Estimates _ For Approval & Payment - For Distribution Submittal Data Specifications Other Transmittal Form Remarks: Y /;43- C ° 4 2 — E KC.a v / G . k'/' _ _ /� ' j �(/ ,4' N^ in: z1 64;43- -zP 4 -4744, CC: Project File From HKG 006 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Haynie Gray, Inc. GANZERT BRANCH CHANNEL IMPROVEMENTS - PHASE II . SPECIFICATIONS AND CONTRACT DOCUMENTS OWNER: CITY OF ROUND ROCK SPECIFICATION NO. H Flaynie &cu Mainjom NK &G Job No.: 103 -1569 Spec Version: 4/14/87 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - TITLE SHEET 2 - INDEX 3 NOTICE TO CONTRACTORS 4 ADVERTISEMENT SUMMARY 5 INSTRUCTIONS TO BIDDERS 6 - PROPOSAL AND BIDDING SHEETS 7 INFORMATION REQUIRED OF BIDDER 8 AGREEMENT 9 - GENERAL CONDITIONS 10 SPECIAL CONDITIONS 11 - TECHNICAL SPECIFICATIONS INDEX BID DOCUMENTS NOTICE TO CONTRACTORS FROM THE CITY OF ROUND ROCK GANZERT BRANCH CHANNEL IMPROVEMENTS - PHASE II Sealed Bids, in envelopes addressed to The City of Round Rock. 214 E. Main Street, Round Rock, Texas 78664, will be received at the above mentioned address until 1:30 p.m., April 28, 1987 and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of the Ganzert Branch Channel Improvements - Phase II in Round Rock. Texas. Bids will be submitted in sealed envelopes for the project on the proposal furnished, and marked in the upper left hand corner "Bid for Ganzert Branch Channel Improvements - Phase II to be opened at 1:30 p.m., Tuesday, April 28, 1987." All proposals shall be accompanied by a certified cashier's check upon a national or state bank in the amount of five (5%) percent of the total maximum bid price payable without recourse to The City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. The notice of award of contract shall be given by the Owner within 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 considered. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those Ohich the Owner elects to hold until the successful bidder has executed the contract. Thereafter all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. The successful bidder must furnish Performance Bond, Payment Bond and Maintenance 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 informality in bids received. Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie Rallman & Gray, Inc., for twenty -five ($25) dollars per set, which is non - refundable. Plans and specifications may be examined at the office of the Engineer, Haynie Rallman & Gray, Inc., 12303 -J Technology Blvd., Austin, Texas. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Engineer, Haynie Rallman & Gray, Inc., and obtain clarification prior to submitting any bid. Prequalification Requirements: The bidder is to submit information regarding his qualifications with this bid in accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and regulated by the State of Texas and the Federal Government. PUBLISHERS' AFFIDAVIT To be advertised in the Austin American Statesman "Public Notices" section: Sunday, April 12, 1987 Sunday, April 19, 1987 Sunday, April 26, 1987 To be advertised in the Round Rock Leader: Monday, April 13, 1987 Monday, April 20,. 1987 Monday, April 27,• 1987 Please send Publisher's Affidavit to: Haynie Rallman & Gray, Inc. 12303 -J Technology Boulevard Austin, Texas 78727 ATTN: Paul Danley ADVERTISEMENT SUMMARY OWNER: City of Round Rock LOCATION: Round Rock, Williamson County, Texas PROJECT TITLE & TYPE: Ganzert Branch Channel Improvements - Phase II BID BOND: 5% PERFORMANCE BOND: 100% PAYMENT BOND: 100% MAINTENANCE BOND: 100% PLANS AVAILABLE: Tuesday, April 14, 1987 HAYNIE KALLMAN & GRAY, INC. 12303 -J Technology Blvd. Austin, Texas 78727 Telephone: (512) 250 -8611 OPENING TIME: 1:30 p.m., April 28, 1987 OPENING PLACE: CITY OF ROUND ROCK 214 E. Main Street Round Rock, Texas 78664 Telephone: (512) 255 -3612 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: The City of Round Rock 214 E. Main Street Round Rock, Texas 78664 and shall be identified as follows: "Bid for Ganzert Branch Channel Improvements - Phase II to be opened at 1:30 p.m., Tuesday, April 28, 1987." A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. Unauthorized condition, limitation 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 if filed with the Engineer. 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 proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. RETURN OF PROPOSAL GUARANTEES Within twenty -five (25) days after bids are opened, 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. Page 1 of 3 They will be returned to the respective bidders whose proposals they accompany within sixty (60) days after the contract execution. AWARD OF CONTRACT - RESERVATION OF RIGHTS Contract, if awarded, will be awarded to responsible bidder whose proposal complies with all the requirements prescribed. Award, 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 lowest responsible bidder's proposal, and to waive any informality in any proposal. BECUTION OF CONTRACT A bidder to whom award is made shall execute a written contract with the Owner on the form of Agreement provided. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be a just cause for the annulment of the award. If the successful bidder refuses or fails to execute the Contract, the Owner may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the Owner may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second and third lowest responsible bidder to execute the Contract, the work may be re- advertised for bids. 7ROPOSAL GUARANTEE Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of not less than 5% of the amount named in the proposal. Said check or bond shall be made payable to the Owner and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after Notice of Award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter into said contract, the check or bond as the case may be, shall be forfeited to the Owner. No bidder's bond will be accepted unless it conforms to the form furnished by the Owner, which is bound herein, and is properly filled out and executed. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name and his address shall be given; if it is made by a Partnership it shall be signed with the co- partnership name by a member of the Partnership, who shall sign his own name, and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. Page 2 of 3 COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Bidder ", bound herein. pIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefore. It will be understood that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to be furnished and as to the requirements of the Contract, Specifications and Drawings. ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such information in writing to Engineer, a minimum of 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 Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies 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 twenty -four (24) hours before the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Engineer twenty -four (24) hours before the opening of bids. Page 3 of 3 1 1 1 1 1 1 1 1 1 1 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF GANZERT BRANCH CHANNEL IMPROVEMENTS - PHASE II 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 carefully examined the form of contract, Notice ' to Contractors inviting bids, conditions and classes of materials of the proposed work; agrees that he will provide all the necessary supervision, labor, machinery, equipment, tools, apparatus, and other items incidental I to construction; will do all the work and furnish all the materials called for in the Contract Documents, Plans and Specifications 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 I and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set I forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover ' additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. 1 The undersigned bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ACKNOWLEDGEMENT OF PAYMENT ITEMS 1 The undersigned acknowledges that the following 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 the Contract Documents. I 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 one hundred (100) calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda; Addendum No. Dated Page 2 of 7 1 SUBMISSION OF THE PROPOSAL ' In accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by: 1 I Ranger Excavating, Inc. Name of Contractor 6810 McNeil Road (512) 331 -5551 ' Business Address Telephone Number 1 1 1 1 1 1 1 1 1 1 1 1 ecuted by Jack Carmody/ Title or Position Austin Texas 78729 City State Zip Page 3 of 7 April 28, 1987 Date President 1 1 CONTRACT: ' JOB NAME: Ganzert Branch Channel Improvements - Phase II JOB LOCATION: Round Rock, Williamson County, Texas ' OWNER: City of Round Rock Pursuant to the foregoing Advertisement for Bids and Instruction to I Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary supervision, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work bid as provided by the attached supplemental specifications, and as shown on I the plans for the construction of Channel Improvements - Phase II and binds himself of acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to 1 wit: I Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount • ' -1-- 64.024 C.Y. Unclassified Channel Excava- tion, includes transport of ' excess material away from project. complete in place. per cubic yard for Three Dollars and Forty Cents $ 3.40 $217.681.60 1 1 1 1 ' Gentlemen: 12,012 C.Y. PROPOSAL BIDDING SHEET Unclassified Channel Embank- ment. complete in place, per cubic yard for One Dollars and Thirty Cents $ 1.30 $ 15,615.60 Page 4 of 7 ' Bid Item Description Unit i em Ouantitv Unit and Written Unit Price Price Amount 1 1 _ 600 L.F. Construct Earthen Berm, complete in place, per linear foot 1 for Two Dollars and No Cents $ 2.00 $ 1,200.00 ' 4 2,771 S.Y. Dry Rock Rip -Rap, complete in place, per square yard 1 for Six Dollars 1 and No Cents $ 6.00 $ 16,626.00 5 700 L.F. Concrete Toe Wall for Rip - Rap Installation, complete 1 in place, per linear foot ' for Seven Dollars and No Cents $ 7.00 $ 4,900.00 6 1 EA. 12' Wide Low Water Crossing 1 }ncludinq Fill Compaction, PVC Pipes and Concrete, 1 complete in place, per each for Twelve Thousand Dollars 1 and No Cents $12,000.00 $12.000.00 1 1 Page 5 of 7 1 1 Bid Item 1 7 1 1 1 1 -2- 1 1 i -2-- 1 1 1 1 1 1 1 1 1 1 Item Description Unit Quantity Unit and Written Unit Price Price Amount 3 EA. Vehicle Access Ramp, com- plete in place. per each for Two Hundred Dollars and No Cents $ 200.00 $ 600.00 335 L.F. Replace Barbed Wire Fencing. complete in place. per linear foot for Two Dollars and No Cents $ 2.00 $ 670.00 72.829 S.Y. Restoration (Revegetation), Channel Sides, Base and Em- bankments, complete in place per square yard for No Dollars and Six Cents $ .06 $ 4,369.74 5 EA• Adjust Existing Manhole to proposed Grade Including Bolted Cover Installation complete in place, per each for Two Hundred Dollars and No Cents $ 200.00 $ 1.000.00 Page 6 of 7 ' Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1 11_ 2 EA. Relocate Existing Power 1 Pole, complete in place Per each 1 1 I -- 1 1 1 1 1 1 1 1 1 1 for Five Dollars and No Cents $ 500.00 $ 1,000.00 40 L.F. Concrete Encasement Over 12" Wastewater Line, complete in place, per linear foot for Nine Dollars and No Cents $ 9.00 $ 360.00 90 L.F. Lowering of Existing 16" Waterline Including All Fittings, complete in place per linear foot for Forty Dollars and No Cents $ 40.00 $ 3,600.00 TOTAL CONTRACT (Items 1 - 13) $ 279,622.94 Page � of 7 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT HIS AGREEMENT, made and entered into this Z day of , A.D., 1987, by and between The City of Round Rock of the County f Williamson, and the State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Ranger Fxcavatina, Inc. of the City of Austin, County of Travis, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for 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: Ganzert Branch Channel Improvements - Phase II further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by HAYNIE KALLMAN & GRAY, INC., 12303 -J Technology Blvd., Austin, Texas 78727, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) calendar days after the date written notice to do so shall have been given to him, and to complete the same within one hundred (100) calendar days after the date of the written notice to proceed, subject to such extensions of time as are provided by the General and Special Conditions. Page 1 of 2 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. The City of Round Rock Party of the First Part (OWNER) ATTEST: Corporate Seal Ranger Excavating, Inc. Party of the Second Part (CONTRACTOR) Carmody - Preside ATTEST: Signed: Page 2 of 2 (The of}owi to be executed if the Contractor is a Corporation.) I, �i t,Uy u,., (1).1t, , certify that I am the Secretary of the Corporation named as Contractor herein; that Jack Carmody, who signed this Contract on behalf of the Contractor was then President (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is with the scope of its corporate powers. ..- rE. rrr....., ,..r�r..- r.. , .rr .,. , r..< < rr.. , . Bond No. (:nmmarir Union Tngnranry (nmr any ° A (Name of Insurance Company) ' BID BOND A ^ I The American Institute of Architects, A.I.A. Document No. A -310 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS, That we, . as Principal, hereinafter called the Principal, and !, Commercial Union Insurance Company a corporation duly organized under the laws of the State of Massachusetts, with its Home Office in the City of "s Boston, in the said State, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock, Texas as Obligee, hereinafter called the Obligee, in the sum of Five (5 %) Per Cent of the Greatest Amount hid Dollars ($ S7t AR ), 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 Ganzert Branch Channel Improvements t. IV Phase 2 l % I il l 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 speci- fied in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Con- troct and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contractand 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 I i i e obligation shall be null and void, otherwise to remain in full force and effect. I"• Signed and sealed this 2Rth day of Apri A D 197 I % Ranger Excavating, Inc. (SEAL) 9 / (Principal (Witness) , . E ai.. - �' f i route Company (Witness) Jeann e Jensen Attorney in act G6D510.1 Commercial Union Insurance Companies 9 -70 (x) Imo' _ —_ — - 4 . -:, . �. ..... ............. ...,. -. , .» , ..,, .-. "ze _ . � e x w ae�. •. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. that the COMMERCIAL. UNION INSURANCE COMPANY. corpor: duly arganucd:nd existing under the laws of the Commonwealth of Massachusetts. and having its principal office in the City 01 Boston. Massachusetts, hat h made. constituted and appointed, and does bs these presents make and constitute and appoint R F. SIDDONS , ROBERT C. SIDDONS, ,' STEVEN B. SIDDONS, ROBERT C. FRICKE and JEANNIE JENSEN all of Austin, Texas ' and each of Them its true and lawful Attorney -in -Fact. to make. execute. seal and deliver for and on its hchall as surety any and all hands tit undcrtakmg\ and the execution of such bonds or undertakings in pursuance of these presents. shall he binding upon said Company as fully and amply _ to all intent, and purposes. as if such bonds were signed by the President, sealed with the corporate seal of the Company. and dub. attested by its Secretary. hereby rattly tag and confirming all the acts of said Attorney- in- Fact pursuant to the power herein given. This Power of Attorney made and executed pursuant to and hs authorm nt the following resolutions adopted by the Board of Directors of 1 heCOM MERCIAL UNION INSURANCE COM PAN Y at a meeting duly called and held on the twenty - seventh day of July. 1972: Resolved: That the President. or any Vice- President. or any Assistant Vice - President. may execute for and in hehalf 01 the company any and all bonds- recognizances. cnnrraris of indemnity, and all other writings ohligarory in the nature therenl, the sumo to he attested a hen necessary and the seal of the company affixed thereto by the Secretary. or any Assistant Secretary: and that the President. or ;ms Vicc - Pre +idrm. or Assistant Vice - President. may appoint and authorize an Attorney -in -Fact to execute on hehalf of the company any and all such instrument, and to at fix the seal of the company thereto: and that the President. or any Vice - President. or any Assistant Vice y may 01 a time remnye. a n such ' Aruornev -in -Fact and revoke all power and authority given to any such Attorney-in-Fact, n Resob. eel: That Attorneys -in -Fact map be given full power and authority to execute for and in the name and on behalf of the company any and all bond, recognivances. contracts of indemnity, and all other writings obligatory in the nature thereof. and any such instrument executed b: any such Attorney -in -Fact shall be as binding upon the company as If signed hy the President and sealed and attested by the Secretary. and. further. ' Attorneys -in -Fact are hereby authorized toy erify any affidavit required 10 he attached to bonds. recognvances. contracts nl indemnity. and all other writings obligatory in the nature thereof. and are also authorized and empowered tocertify 10 a copy 01 any or the by -law, of 1 he company a, well as any resolution of the Directors has ing to do with the execution of hands. recognivances. contracts of Indemnity. and all other w runes ohhezcon in the nature thereof. and ro certify copies of the Power of Attorney or with regard to the powers of any 01 the olhcen of t he compan or nl Attorneys -in -Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors or the COMMERCIAL. UNION INSURANCE COMPANY al a meeting duly called and held on the tweny- seventh day of July. 1972: 1 Tice- President and its corporate seal to he hereto affixed, duly attested by its Secretary on this 6th day of February 1 '87 'Rooked: That the signature of the President. or any Vice- President. or any Assistant Vice- President. and the signature of the Secretary or any Assistant Secretary and the Company Seal may he affixed by facsimile to any power 01 attorney or to any centires[e relating thereto appointing :Attorney, -in -Fact for purposes only of executing and attesting any bond. undertaking. recognizance or other written obligation in the nature [hereof. and any such signature and seal w here so used, heing hereby adopted hy the company as the original signature of such officer and the original seal of the company. to he valid and binding upon the company with the same force and effect as [hough manually affcxed." IN WITNESS WHEREOF. the COMMERCIAL UNION INSURA \CE COM PAN Y, has caused these presents to Inc signed by as Assistant ss COMMFRCIAI UNION I NSUR ANCE COMPANY • ' Allest• M Raymond M. efossev — - ecretan COMMONWEALTH OF MASSACHUSETTS ' COUNTY OF SUFFOLK SS. On this 6th day of February 1987 befnre personally came John M. Garrett. Assistant 5lee- President. and Raymond M Defonsez. Secretary of the COMMERCIAL UNION INSURANCE COMPANY. to me personally known to he the indn [duals and officers described in and who executed the preceding instrument. and they ucknow ledged the execution of the same. and hems by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of t he Com pony a foresa td, and that t he seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. - ii ... we.., /// � 1 , l n" I � .. e. + ' 4 - Y• . . i /'1 u./ 1 S Y Y . 1, x, ‘ 1 Edward W. Shits Notary Public ' l . `p� = / s; J r.. ! 1111 ([.rnno..ioorr cyzrire. .il 111. 15511[ .IRr P,... CERTIFICATE I. the undersigned. Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY. a Massachusetts Corporation. Jo here M certify that ' the foregoing t powe of attorney Ism lull force and has not heen rooked: and furthermore. that the Resolutions 01 the Board of Directors Net tan h in the poser nl attorney arc now In mice. � Signed and sealed at the Coy of Roston. Dated this �l ('� X�� day of John M. Garrett Assistant \ ice - President Daniel .1 Boy s•ist:un Secretary t0 -9e. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Commercial Union Insurance Company (hereinafter called the Principal), as Principal and 101 I STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: THAT, Ranger Excavating. Inc. a corporation organized and existing under the laws of the State of Massachusetts, with its principal office in the City of Boston (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock, 214 E. Main Street Rrn nd Rnr•k, T 78664 (hereinafter called the Obligee), in the amount of & 94/100 mnndrad Scvont Nina Thnncand Six Hrmdrad Twenty Twn Dollars(0 279,677.94 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminishators, executors, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 25th day of May 19 8.Z , to Ganzert Branch Channel Improvements — Phase II 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 faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, 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. day of [`Inv 19 . Witness: IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 25th Commercial Union Insurance Companies (If Individual 01 Firm) (If Corporation) G60542- Texas Ranger Excavating, Inc. a vst `- r -rcial Union Insurance Company Surety 1ta1/4 ■■■ '•torney in fact Jeannie Jensen (Seal) (Seal) (Seal) Seal) Principal 2 -n la MN OM NM I= MO MN M INN = - - - MI - I= NM =I - MN N o. COMPANY FFECTIVE 19 ON 0 STATUTORY PERFORMANCE BOND - TEXAS Commercial Union Insurance Companies STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED. (McGREGOR ACT — PUBLIC WORKS) KNOW ALL MEN BY TNESE PRESENTS: THAT, Ranger Excavating, Inc. (hereinafter called the Principal), as Principal and a corporation organized and existing under the laws of the State of Massachusetts, with its principal office in the City of Boston (hereinafter called the Surety), as Surety, are held and firmly bound unto (Penalty of this bond must be 100% of Contract amount) Commercial Union Insurance Company City of Round Rock (hereinafter called the Obligee), in the amount of 94/100— 279,622.94 wo T Hn ndrpd Spvpntjr Nina Thrnt Six Nandrwd Twenty Twn._& Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the of May 19 87 to Ganzert Branch Channel Improvements — Phase II G60541 - Texas ie Jensen ?5th day 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 prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of May 19 87. Ranger Excavating, Inc. Witness: (Seal) (Seal) (If Individual or Firm) t9:4) ($eeD Veit- bill7L — Corporation) AZrit ( (sea: I1 Princ Commercial Union Insurance Company Attorney in fact Surety 2-71 ati OM MI MN MN MI M NM OM = W ME MN No COMPANY EFFECTIVE 19 ON TO STATUTORY PAYMENT BOND • TEXAS (PUBLIC WORKS) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 KNOW AI_I• MEN BY TH ESE PRESENTS. that the COMMERCIAL UNION INSURANCE COM PANY, a corporation duly organised and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston. Massachusetts. hath made. constituted and appointed, and does by these presents make and constitute and appoint R. F. SIDDONS, ROBERT C. SIDDONS, STEVEN B. SIDDONS, ROBERT C. FRICKE and JEANNIE JENSEN all of Austin, Texas and each of them its true and lawful Attorney -in -Fact. to make. execute. seal and deliver for and on its behalf as surety any and all honds or undertakings and the execution of such bonds or undertakings in pursuance of these presents. shall be binding upon said Company as fully and amply, to all intents and purposes. as if such bonds were signed by the President. sealed with the corporate seal of the Company, and duly attested by its Secretary, herehy ratifying and confirming all the acts of said Attorney- in- Fact pursuant to the power herein given. This Power of Attorney is made a nd executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COMMERCIAL UN ION INSURANCE COMPANY at a meeting duly called and held on the twenty- seventh day of July. 1972: Resolved: That the President. or any Vice - President, or any Assistant Vice - President. may execute for and in behalf of the company any and all bonds. recognizances, contracts of indemnity'. and all other writings obligatory in the nature thereof, the same to he attested when necessary and the seal of the company affixed thereto by the Secretary. or any Assistant Secretary: and that the President. or any Vice - President or Assistant Vice - President. may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto: and that the President. or any Vice - Presidem. or any Assistant Vice - President. may at any time remove. any such Attorney -in -Face and revoke all power and authority given to any such Attorney -in -Fact. Resolved: Thal Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds. recognizance, contracts of indemnity, and all other writings obligatory in the nature (hereof, and any such instrument executed by anv such Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary. and. further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds. recognizances, contracts of indemnity . and all other writings obligator_ in the nature t hereof. and are also authorized and empowered to certify ma copy of any of the by -laws of the company' as well as um resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity. and all other writings obligatory in the nal ure thereof. and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted hv the Directors of Inc t COMMERCIAL. UNION INSURANCE COMPANY at a meeting duly called and held on the twenty- seventh day of July. 1972: "Resolved: That the signature of the President. or any Vice - President or any Assistant Vice - President. and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys -in -Face for purposes only of executing and attesting any bond. undertaking. recogn or other w rift en obligation in the nature thereof. and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company. to be valid and binding upon the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF. the COMMERCIAL UNION INSURANCE COMPANY. has caused these presents to he signed by its .Assistant Vicc - President and its corporate seal to he hereto affixed, duly attested by its Secretary on this 6th day of February 19 87 Attest a ' L I. the undersigned. Assistant Secretary the foregoing power of attorney is m full of attorney are now in force_ Signed and sealed at the City of Boston. POWER OF ATTORNEY t' COMMERCIAL. UNION INSURANCE COMPANY 971 Raymond M . efo — Secretary ( / John M. Garrett - -- Assistant Vice - President COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this 6th day of February 1987 before me personally came John M. Garrett. Assistant Vice. President. and Raymond M. Defossez. Secretary of the COMMERCIAL UNION INSURANCE COMPANY. tome personality known to he the indis iduals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same. and being M me duly sworn, soeralls and each for himself deposeth and saveth. that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were dulyaffised and subscribed to the said instrument M theauthority and direction of the said Company. �t � Q w L SGT Edward W. Shay Notary Public (J /• Crunrrritsron expire., .1 (Musr 10. 1940) CERTIFICATE of the COMMERCIAL UNION INSURANCE COMPANY. a Massachusetts Corporation. do hereh■ certify that force and has not been revoked: and furthermore. that the Resolutions of Inc t Board of Directors set Iorth in the power Dated this day of`,`JC Daniel 1. Boyle eistant Secretary 10-ba . TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MNYDDIW) POLICY EXPIRATION SATE IME/DUTY LIMITS IN THOUSANDS EACH AGGREGATE • OCCURRENCE GENERAL — x X X X X X X X LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND R 1 fl T TL'BeEB PRODUCTS /COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY GL48820697 9/21/86 9/21/87 BODILY INJURY $ $ PROPERTY DAMAGE $ $ Al 8 PD COMBINED $ $500 $500 PERSONAL INJURY $ 500 I i ��x UTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIM. PASS.) /OTHERANI ALL OWNED AUTOS \ PRIM. PAS / HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY GLM58809176 9/21/86 9/21/87 B]DLY INJURY PER PERSAR $ - - - , I>IgC INJURY (PER SWEAT} $ PROPERTY DAMAGE $ BIN PD COMBINED $500 EXCESS X LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM DU11471 9/21/86 9/21/8 BIBPD COMBINED $1,000 $ 1,000 WORKERS' COMPENSATION • i. AND EMPLOYERS' LIABILITY TC722170724 9/21/86 9/21/87 STATUTORY $ 100 (EACH ACCIDENT} $ 500 (DISEASE- POLICY LIMIT) $ 100 (DISEASE -EACH EMPLOYEI OTHER Frank Siddons Insurance P. 0. Box 2125 Austin, Tx. 78768 INSURED Ranger Excavating, Inc. 6810 McNeil Drive Austin, Tx. 78729 ESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS Ganzert Branch Channel Imporvements - Phase II City of Round Rock 214 E. Main Street Round Rock, Texas 78664 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. COMPANIES AFFORDING COVERAGE COMPANY p American General Insurance Co. COMPANY LETTER B Delta Lloyds COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER :RAGES US 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 E 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. ERTIFICATE HOLDER CANCELLATION 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 LIABILITY OF ANY KIND UPON THE COMP NY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZE R SE TATIVE GENERAL CONDITIONS OF THE AGREEMENT CONTENTS 1. DEFINITIONS 1 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 3 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 4 2.08 Royalties and Patents 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 5 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 7 2.16 Owner's Status 7 2.17 Completed Portions of Work 7 2.18 Materials 7 2.19 Receiving and Storage of Materials 7 2.20 "Or Equal" Clause 8 2.21 Completed Work 8 2.22 Materials Furnished by the Owner 8 2.23 Protection of Property 8 2.24 Shelters for Workmen and Materials 8 2.25 Sanitary Facilities 9 3 3 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 9 3.01 Labor, Equipment, Materials and r Construction Plant 9 3.02 Performance, Payment and Maintenance Bonds 9 3.03 Contractor's Ability to Perform 9 3.04 Superintendence and Inspection 10 3.05 Character of Employees 10 3.06 Contractor's Duty to Protect Persons and Property 10 3.07 Safety Codes 11 3.08 Barricades 11 3.09 Minimum Wages 11 3.10 Unsuitable Work or Materials 11 3.11 No Waiver of Contractor's Obligation 11 3.12 Site Clean Up 12 3.13 Guarantee 12 1 (CONTENTS CONTINUED) I 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 13 4.02 Right of Entry 13 I 4.03 Owner's Representatives 13 4.04 Collateral Work 13 4.05 Right -of -Way 13 I 4.06 Adequacy of Design 14 5. SCHEDULING AND PROGRESS OF WORK 14 5.01 Order and Prosecution of the Work 14 5.02 Rate of Progress 14 5.03 Sunday, Holiday, and Night Work 14 5.04 Hindrances and Delays 15 I 5.05 Extensions of Time 15 5.06 Liquidated Damages for Failure to Complete on Time 15 6. IDEMNITY 16 6.01 Contractor's Idemnity Provision 16 6.02 Workmen's Compensation Insurance 16 6.03 Comprehensive General Liability Insurance 16 6.04 Owner's Protective Insurance 17 6.05 Comprehensive Automobile Liability Insurance 17 ' 6.06 Insurance Certificate 17 7. TERMINATION OF CONTRACT 17 I 7.01 Right of Owner to Terminate 17 7.02 Right of Contractor to Terminate 18 7.03 Removal of Equipment 18 ' 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18 8.01 Notification of Contractor 18 8.02 Retention of Contractor's Equipment I and Materials by Owner 18 8 .03 Methods of Completing the Work 19 8.04 Final Acceptance 19 I 8.05 Disposition of Contractor's Equipment 20 9. MEASUREMENT AND PAYMENT 20 9.01 Character of Measurements 20 1 9.02 Estimated vs. Actual Quantities 20 9.03 Payment 21 9.04 Monthly Estimates and Payments 21 I 9.05 Certificates of Completion 22 9.06 Final Estimate and Payment 22 9.07 Notarized Affidavit 22 9.08 Release of Liability 23 I 9.09 Contractor's Obligation 23 9.10 Payments Withheld 23 I 1 1 1 I 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 midnight. Saturdays, Sundays and Legal holidays are considered calendar days and shall be used in determining contract time. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance, Payment, and Maintenance Bonds; the General Conditions of the Agreement; the Special Conditions of the Agreement; the Technical Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, 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 the interpretation shall be in the following order: Signed Agreement, Performance, Payment, and Maintenance Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Instructions to Bidders, Technical Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Engineer. "Engineer" shall mean HAYNIE RALLMAN & GRAY, INC., or such other Engineer, supervisor, or project representative who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting withi,n 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 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- 1.07 plans. "Plans" shall mean and include (a) all drawings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engineer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted by the Contractor to the Owner when and as approved by the Engineer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepared by the Owner as a basis for proposals, (b) all supplementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Workina Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under control of the Contractor, will permit construction of the principal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.13 Written Notice. "Written Notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. -2- 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litigation it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shall determine all questions in relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto the arbitration or to any action on the Contractor to receive any money under this Contract; provided, however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. it is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Eauiument. If at any time the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that they may be dispensed with. -3- 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 Contract; otherwise such work shall be paid for as provided under Section 2.12 "Extra Work ". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 bosses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 2.06 yaws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall idemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contactor or his employees or his subcontractors and their employees. 2.07 yicenses, Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. -4- 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release of idemnity 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 Reeving of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with two (2) sets of executed Plans and Specifications without expense to him, the Contractor shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 15% for handling. 2.10 Discrepancies and Omissions. it is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities need preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 gxtra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". 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. -5- 1 No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid by the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15%. Where extra work is performed under Method "C', the term 'actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expenses; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. -6- 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 Engineer, nor shall he assign, by power of attorney or otherwise, any of the money payable under this contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due to to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Engineer. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 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 peceiving 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 written permission is given by the Engineer. -7- 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. 2.21 Completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he 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 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 maintained in a manner satisfactory to the Engineer. -8- 1 1 1 1 1 i 1 1 i 1 1 1 1 1 11 i' 1 2.25 $anitary Facilities. The Contractor at his expense shall furnish necessary sanitary toilet facilities for the use of all employees on the job site. The facilities 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 a 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, Eauioment. Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 performance. Payment and Maintenance Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price, and a maintenance bond in the sum of 100% of the total Contract price in standard forms for this purpose guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner and that final retainage shall not be paid until such maintenance bond is furnished and approved by the Owner. The cost of the premium for the performance, payment and maintenance bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made :by the Owner. The surety company or companies underwriting the performance, payment and maintenance bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the -9- Contract as outlined in Section 7 "Termination of Contract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superintendent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform them that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in anyway connected with the performance of this Contract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the performance of this Contract unless necessary to its performance, and in that event the Contractor shall provide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. -10- 1 1 1 1 1 I 1 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, County, and Municipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. 3.08 Barricades & Traffic Control Sians. When barricades or traffic control signs are used to satisfy safety requirements, such barricades or signs shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least two (2 ") inches high. Barricades and signs shall be located and fashioned as per the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, 1980 Edition. 3.09 Minimum Waaes. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special Conditions of these Contract Documents. The Contractor shall not pay less than the general prevailing wages shown on said scale and shall keep accurate wage records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with plans, specifications, and contract documents, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and replace, rebuild, or otherwise remedy such work 'so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obliaations. The Engineer, supervisor, or project representative 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 project representative 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 project representative shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor, or project representative 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 accordance with the plans, specifications, and contract documents for said work, all expense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 $ite Clean U. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or conduits, shall tear down and remove all rubbish of every 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 twelve (12) months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Con shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within ten (10) days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however, that in case of emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor and /or his Surety (see Section 3.02 on maintenance bond) shall pay the cost thereof. -12- 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation thereof. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees such stakes, marks, etc. shall be replaced as directed by the Engineer at the Contractor's expense. 4.02 giaht of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Representatives. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervisors; or project representatives as the said Owner may deem necessary to examine the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or project representatives for the proper review and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, supervisors, or project representatives 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 provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 giaht- of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. -13- 4.06 pdeguacv of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has compiled with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORN 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 seasons in such order of precedence and in such manner as shall be most conductive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 gate of Progress. The Contractor shall give the Engineer 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 Contractbr to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 'Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday. Holiday and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. -14- 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee or 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 determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of such 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 piauidated Damaces for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $500.00 per calendar day. -15- 6. IDEMNITY ' 6.01 Contractor's Idemnitv Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall idemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions of law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach or any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore idemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, worker, 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 and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and idemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Idemnity Provision'. The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: ' Bodily Injury $100,000 each person $300,000 each accident -16- ' 1 1 1 1 1 1 1 1 1 1 1 1 Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractural liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Idemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury Property Damage 6.06 Insurance Certificate. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given ten (10) days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the contractor should be 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 resources or remedy give the Contractor written notice of termination of the employment of the contractor ten (10) days subsequent to such notice. Immediately following such date, the -17- $100,000 each person $300,000 each accident $ 50,000 each accident Owner may take possession of the site of the work and all material, equipment, tools, and appliances thereon and may finish the work in accordance with the provision of Section 8 "Abandonment of Contract by Contractor ", of these General Conditions. 7.02 night of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months of if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 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 ten (10) days after receipt of the notice. Should he fail to do so within ten (10) days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. 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 getention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore except when used in connection with extra work where -18- 1 1 1 1 1 1 1 'I credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 8.03 Methods of Completina the Work. If the Surety should fail to commence compliance with the notice for completion herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contractor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after fourteen (14) days notice published two (2) or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this. Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed and accepted by the Owner, the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract -19- accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice such property shall be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Estimated vs. Actual Quantities. Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and -20- materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount 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 twenty -five (25%) percent more or twenty -five (25%) percent less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below twenty -five (25%) percent of the estimated quantity prior to initiating work or furnishing materials for the overrun or underrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled 'Extra Work'. 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirement of the Engineer. 9.04 $onthly Estimates and Payments. The Contractor shall furnish to the Engineer by the twenty -fifth df the month such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. On or about the first day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor ninety (90%) percent of the amount of such estimated sum on or before the 15th day of said month. -21- It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within ten (10) days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall review the work and satisfy himself by examination that work has been finally and fully completed in accordance with the plans, specifications, and Contract. If so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract and serve as the date for stoppage of the contract period specified for completion of the Project. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate; provided the Notarized Affidavit specified in Section 9.07 has been received by the Engineer. The Owner shall pay the Contractor within fifteen (15) days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notorized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payment 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 -22- shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any person relating to or affecting the work. 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. 9.10 Payments Withheld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payment properly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. -23- SPECIAL CONDITIONS 1 ' SECTION 01 - INFORMATION 01 -01 $NGINEER The word "Engineer" in these Specifications shall be understood as referring to HAYNIE RALLMAN & GRAY, INC., 12303 -J Technology Blvd., Austin, Texas 78727. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor two (2) 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 CODES 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 LIOUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME Refer to the General Conditions of Agreement, Section 5.06, Page 15 for description. 01 -05 TIME OF COMPLETION The work shall be completed within the number of calendar days stated in the Proposal. The time shall begin from the date of the Agreement, or from the date of the Notice to Proceed, which ever is latest. 01 -06 OWNER The Owner shall be the party or parties named in the Notice to Contractor. 01 -07 LLOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. ' S -1 01 -08 USAGE OF WATER Contractor shall pay all costs of water used. Water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. 01 -09 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 9.04 of the General Conditions, then the pay estimate will not be processed and will be returned to the Contractor. 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 during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment -, the Contractor shall show field locations of all' above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two horizontal distances measured from existing, easily identifiable, immovable appurtenance such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available, costs for developing as -built drawings shall be subsidiary to other bid items. 02 -03 LANDS FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, rights -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. S - ' 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. 02 -05 GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, 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 thereof from Contractor. 02 -06 PEVIATIONS 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 whatever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 j,IMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. S -3 Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -09 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -10 LIMITS OF WORK AND PAYMENT It shall be the obligation of the contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the the limits of work shall be left up to the interpretation of the Engineer. 02 -11 PAYMENT FOR MATERIALS ON HAND Owner shall pay for 90% of amount of materials on hand in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -12 CONSTRUCTION STAKING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. SUBGRADE VERIFICATION The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, an Engineer's certification of subgrade to ± 0.2 feet. This verification shall be taken at the street center and verified. The Street Contractor will provide this when he turns the streets over to the Utility Contractor after the subgrade is made. The Utility Contractor shall provide this after his utilities are in and tested and before the Gas Contractor moves in. The Gas Contractor shall provide this after the gas installation and before the Street Contractor moves back in. S -4 PROTECTION OF STARES. MARKS. ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be re- staked by the Contractor at the Contractor's sole expense without additional compensation by the Owner. The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, the Engineer's certification that ALL property pins are in place prior to his moving off the job site. Such certification will be expected of each Contractor involved with the project as listed below, at the time periods specified: 1. Street Contractor - after subgrade, before Utility Contractor moves in. 2. Utility Contractor - after utilities are installed, before installation of gas. 3. Gas Contractor - after gas installation, before Street Contractor moves back in. 4. Street Contractor - after streets installed, before Final Acceptance. SECTION 03 - INSURANCE 03 -01 Insurance policies must be obtained by the Contractor or separate endorsement obtained by 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: Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 in the General Conditions entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: S -5 SECTION 04 - Bodily Injury $300,000 each person $300,000 each accident Property Damage $100,000 each accident $100,000 aggregate A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amount of liability. Worker's Compensation and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. COORDINATION WITH STREET PAVING CONTRACTOR 04 -01 WATERLINE INSTALLATION It is the option of the Contractor to install the proposed waterline improvements when located behind the proposed back -of -curb, exclusive of water services, prior to excavation of the streets to subgrade by the Street Paving Contractor. Assignment for the waterline will be as shown on the plans and in most instances will be behind the proposed back -of -curb of the streets. S -6 The Utility Contractor should install bends in waterline or bury extra depth as to avoid interference with proposed sanitary sewer, storm sewer, and inlets. Adjustment of the waterline to avoid conflicts with utilities will be done at the sole expense of the Utility Contractor. 04 -02 WASTEWATER LINE INSTALLATION The streets will be excavated to subgrade and bladed by the Street Paving Contractor prior to the Utility Contractor beginning installation of wastewater line improvements within the street right -of -ways. Upon completion of the wastewater line construction, the Utility Contractor shall dress and blade the street to subgrade and in the same condition it was in when accepted by the Utility Contractor and to the satisfaction of both the Street Paving Contractor and the Engineer. 04 -03 UTILITY APPURTENANCES ADJUSTMENTS The Utility Contractor shall, as his own expense, raise the gate valve boxes and manhole frames and covers to the finished paved street grade. All gate valve boxes and manhole frames and covers within the proposed street paving area shall be constructed six (6) inches below the subgrade of the street. The Utility Contractor shall coordinate the raising of the gate valve boxes and manhole frames and covers to finished street grade with both the Street Paving Contractor and the Engineer. In unpaved areas, gate valve boxes shall be raised by the Utility Contractor, at his own expense, to two (2) inches above natural ground. In unpaved areas, manhole frames and covers shall be raised by the Utility Contractor, at his own expense, to six (6) inches above natural ground. S -7 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of channel improvements complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS CHANNEL IMPROVEMENTS The current Standard Specifications for the City of Austin and the City of Austin Erosion & Sedimentation Control Manual, are incorporated into this project 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 Bound Rock. Wherever the term "Engineer' is used in the Austin Specifications, it shall be construed to mean Haynie Kallman & Gray, Inc. 1 -1 ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 HACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in the area adjacent to project facilities as may necessary to leave the area in a neat and satisfactory condition approved by the Engineer. 2 -1 ITEM 3 ZXAMINATION AND REVIEW 3.01 ZXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of Engineer or project representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor alignment and reference hubs for channel excavation at an agreed interval and offset, together with cut sheets showing the difference in elevation from top of the stakes to the flow line of the channel. This construction staking will be provided one (1) time at the sole expense of the Owner. All re- staking will be provided by the Contractor and paid for by the Contractor at his sole expense without additional compensation by the Owner. 3.04 PENSITY TESTING All density testing shall be made by an independent laboratory at the Owner's, expense. Any required "re- tests" shall be performed at the Contractor's expense. An authorized representative of the Owner shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. 3 -1 3.05 PROTECTION OP STARES. MARKS. ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. 3 -2 ITEM 4 PROTECTION AND PRECAUTION I 4.01 WORK IN FREEZING WEATHER I Portions of the work may continue as directed by the Engineer. I 4.02 PROTECTION OF TREES. PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where I it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 $ARRICADES Barricades shall be installed, in locations deemed ' necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. I 4.04 PROPERTY LINES AND MONUMENTS I The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. ' 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement I for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES I The Contractor shall, at his own expense, provide additional space as necessary for his operations and ' storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 M1ATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words 'equivalent ", "proper" or "equal to' are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. 5 -1 8.02.04 RIPE (Item 510) Reinforced concrete pipe will be measured by the linear foot along the centerline of the pipe for the various sizes and classes of pipe in place at all depths, in accordance with these specifications, complete and accepted by the Engineer, including excavation and backfill. Where spurs or branches, or connections to existing pipe lines are involved, measurement of the spur or new connecting pipe will be made from the intersection of its central axis with the outside surfaces of the pipe into which it connects. Where inlets, headwalls, catch basins, manholes, junction boxes, or other structures are included in lines of pipe, that length of pipe tying into the structure wall will be included for measurement but no other portion of the structure length or width will be so included. Payment for precast concrete pipe, measured as prescribed above, will be made at the unit price bid per linear foot for the various sizes of pipe, of the class specified including excavation and backfill for furnishing, hauling and placing pipe including all incidental and subsidiary materials and work; preparing, shaping, de- watering and shoring of trenches; hauling, placing and preparing bedding; for connecting to new or existing systems or structures; for hauling, moving, placing and compacting backfill materials and for all other incidentals necessary to complete the pipe installation in accordance with the plans and specifications. 8.02.05 J4ISCELLANEOUS STRUCTURES & APPURTENANCES (Item 508) All miscellaneous structures satisfactorily completed in accordance with the plans and specifications will be measured as completed units 'unless specified otherwise on the Plans. Excavation and backfill will not be measured under this item but will be considered subsidiary to the other items. Frames, grates, rings and covers will not be measured and paid for but shall be considered subsidiary to the items for pay. Payment for Inlets for the type shown on the plans in place in accordance with these specifications and measured as prescribed above will be made at the unit price bid for each "inlet ", Complete of the type specified including transition curbs and gutters. Payment for inlets with extensions of the length shown on the plans and measured as prescribed above shall be made at the unit price bid for each "Inlet" including transition curbs and gutters. 8 -2 Payment for Headwalls of the type shown on the plans in place and in accordance with these specifications and measured as each will be made at the unit price bid for each "Headwall" of the type specified. Payment for completed structures will be made at the unit price bid per each. 8.02.06 MANHOLES S JUNCTION BOXES (Item 506) All manholes and junction boxes satisfactorily completed as indicated in plans or specifications will be measured as completed units per each for all depths. When called for in the proposal, manholes (all depths) and junction boxes (all depths) shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. No separate payment will be made for stub outs or adjustments to finished grade. The cost of these should be included in the bid item for manholes or junction boxes. Each manhole or junction box shall be constructed in accordance with the details indicated and to the depth required by the profiles. 8.02.07 FRAMES. GRATES. RINGS & COVERS (Item 503) No direct compensation will be made for frames, grates, rings and covers. Measurement and payment for furnishing all materials, tools, equipment, labor and incidentals necessary to complete the work will be included in proposal items which constitute the completed and accepted structures. 8.02.08 RIP -RAP (Item 591) This item shall govern the furnishing and placing of stone rip -rap as indicated on the plans. The stone will be placed in accordance with the plans and the construction specifications. Measurement of acceptable rock rip -rap of the type specified complete in place will be made on basis of square yards actually covered unless otherwise specified. The rock rip -rap quantity, measured as provided above, will be paid at the unit price as bid per square yard as set forth within the proposal, for rip -rap of the various types specified, which price will be full compensation for furnishing, hauling and placing all materials including reinforcement and premolded expansion joint material, and all labor, tools, and equipment and incidentals necessary to complete the work. Rip -rap will not be paid for separately when specifically included in other bid items. 8 -3 8.02.09 ADJUSTING STRUCTURES (Item 504) Adjustment of manholes and junction boxes to finished grade shall not be measured or paid separately. The cost of such adjustments will be considered subsidiary to the item for manholes or junction boxes. 8.02.10 AROSION CONTROL MEASURES (Series 600) This item shall govern the furnishing, placing, maintaining and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for the project as shown on the Plans. All temporary erosion control measures including hay bales, rock berms, fabric fence and brush piles shall be erected at the locations specified on the Plans, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of disturbed areas and spoil sites shall include spreading of top soil, shaping and seeding in accordance with the Plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance with the Plans. The bid price per lump sum shall include all excavation, materials, shaping, hauling, maintenance, removal at completion of project, disposal of surplus materials, seeding and clean up. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. 8 -4 •