The URL can be used to link to this page

R-88-1100 - 3/24/1988WHEREAS, the City has duly advertised for bids for the construction of certain waterline improvements for the Old Settlers Park at Palm Valley, and WHEREAS, Triple V Construction Co. submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of Triple V Construction Co., and to authorize the construction of said waterline improvements, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Triple V Construction Co. is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with Triple V Construction Co. for the constructi on of said waterline improvements. P / RESOLVED THIS - day of March, 1988. ATTEST: Mit#9 JO. f LAND, City Secretary GCRRRESOLTRIPV RESOLUTION NO. //DOR MIKE ROBINSON, Mayor City of Round Rock, Texas March 17, 1988 Ms. Sharon Prete Director of Parks & Recreation City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Haynie Kaliman & Gray, Inc. Consulting Engineers RE: Engineer's Letter of Recommendation Palm Valley Park Waterline Improvements Dear Sharon: Bids were opened at 2:00 p.m., March 15, 1988 for construction of the Palm Valley Park Waterline Improvements. A total of ten (10) bids were received, the lowest bidder being Triple V Construction Co. of Del Valle, Texas in the amount of $119,911.08. A complete bid tabulation is enclosed for your review. As I am sure you are aware, Triple V Construction Co. and Underground Utilities Co. utilize the same management, equipment, and personnel and have completed many projects in the Round Rock area. Based on their past experience record and submission of the lowest and best bid, we recommend award of this contract to Triple V Construction Co. in the amount of $119,911.08. If you have any questions or comments, please advise. Sincerely, HAYNIE KALLMAN & GRAY, INC. A. William Waeltz Project Manager AWW /jln Attachment cc: Mr. James R. Nuse, P.E.; City of Round Rock Public Works 103 - 2000 -20 12303 Technology Blvd , Suite Ausun,Texas 78727 (512) 250 -8611 Civil Engineering Consultants Municipal Engneenng land Planning Surveying 03/16/88 HAYNIE KALLMAN & GRAY, INC. - BID TABULATIONS PAGE 1 ITEM N0. PROJECT: PALM VALLEY PARK WATERLINE IMPROVEMENTS DESCRIPTION: WATER IMPROVEMENTS OWNER: CITY OF ROUND ROCK JOB NUMBER: 103- 2000 -18 FILE: 62:PVPWLI BID DATE: MARCH 15, 1988 @ 2:00 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS DESCRIPTION TRIPLE V CONSTRUCTION TOTAL CONTRACT $119,911.08 AUSTIN ENGINEERING CO. RHODE PIPE COMPANY UNIT UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 . 18" WATERLINE L.F. 3,400 £29.00 £98,600.00 £29.00 £98,600.00 £31.00 £105,400.00 2 . 18' BUTTERFLY VALVE, INC. BOX & COVER EA. 3 £3,000.00 £0,000.00 £2,200.00 £6,600.00 £2,400.00 $7,200.00 3 . 8" WATERLINE L.F. 8 £24.00 £192.00 £20.00 $160.00 £30.00 £240.00 4 . 8' GATE VALVE, INC. BOX & COVER EA. 1 £550.00 £550.00 $500.00 £500.00 £600.00 £600.00 5 . 2' AUTO. AIR & VAC. RELEASE VALVES EA. 1 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 6 . 16' WET CONNECTION EA. 1 $300.00 8300.00 8750.00 £750.00 $1,000.00 $1,000.00 7 . 5 -14' FIRE HYDRANT ASSEMBLY EA. 1 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $1,400.00 $1,400.00 B . CAST IRON FITTINGS TN. 2.6664 $2,200.00 £5,866.08 $2,500.00 £6,666.00 $3,000.00 87,999.20 9 . FENCE REPAIR L.F. 115 $1.00 $115,00 $4.00 £460.00 $6.00 $690.00 10 . OPEN CUT & RESTORE ASPHALT DRIVEWAY L.F. 37 $10.00 $370.00 $22.00 $814.00 $25.00 $925.00 11 . OPEN CUT & RESTORE GRAVEL DRIVEWAY L.F. 70 $8.00 £560.00 $5.00 $350.00 £5.00 £350.00 12 . CONCRETE CURB REMOVAL & REPLACEMENT L.F. 14 812.00 0168.00 £15.00 $210.00 £25.00 0350.00 13 . REMOVE & REPLACE EXISTING 18" C.M.F. L.F. 30 £15.00 $450.00 £20.00 $600.00 815.00 £450.00 14 . RESTORATION & ER05ION CONTROL L.S. 1 $1,000.00 $1,000.00 02,900.00 £2,900.00 81,500.00 $1,500.00 15 . TRENCH EXCAVATION PROTECTION L.F. 3,400 $0.10 $340.00 $0.50 $1,700.00 $0.50 £1,700.00 $123,010.00 $131,004.20 03/16/66 HAYNIE KALLMAN & BRAY, INC. - BID TABULATIONS PAGE PROJECT: PALM VALLEY PARK WATERLINE IMPROVEMENTS DESCRIPTION: WATER IMPROVEMENTS OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 - 2000 -18 FILE: B2:PVPWLI 610 DATE: MARCH 15, 1988 B 2:00 P,M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM NO. DESCRIPTION RUETER CONSTRUCTION RED8IC0 CONSTRUCTION CO. HAEGELIN CONSTRUCTION UNIT UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE TOTAL CONTRACT $133,618.36 AMOUNT 1 . 18" WATERLINE L.F. 3,400 $31.00 0105,400.00 532.25 $109,650.00 $30.60 $104,040.00 2 . 18' BUTTERFLY VALVE, INC. BOX & COVER EA. 3 $2,800.00 $8,400.00 $3,000.00 $9,000.00 $2,500.00 $7,500.00 3 . B' WATERLINE L.F. B 820,00 $160.00 $12.00 896.00 $20.00 8160.00 4 . B° BATE VALVE, INC. BOX & COVER EA. 1 $470.00 $470.00 $450.00 $450.00 $550.00 $550.00 5 . 2° AUTO. AIR & VAC. RELEASE VALVES EA. 1 $1,000.00 $1,000.00 $1,425.00 $1,425.00 *1,500.00 $1,500.00 6 . 16' WET CONNECTION EA. 1 $1,000.00 $1,000.00 $350.00 $350.00 $2,000,00 $2,000.00 7 . 5 -14" FIRE HYDRANT ASSEMBLY EA. 1 01,200.00 $1,200.00 $1,050.00 $1,050.00 $1,400.00 $1,400.00 B . CAST IRON FITTINGS TN. 2.6664 $2,400.00 $6,399.36 $2,050.00 $5,466.12 53,000.00 $7,999.20 9 . FENCE REPAIR L.F. 115 $10.00 81,150,00 $4.25 $488.75 $12,00 81,380.00 10 . OPEN CUT & RESTORE ASPHALT DRIVEWAY L.F. 37 $12.00 $444.00 610.00 $370.00 625,00 $925.00 11 . OPEN CUT & RESTORE GRAVEL DRIVEWAY L.F. 70 812.00 8840.00 $5.00 $350.00 $4.00 8280.00 12 . CONCRETE CURB REMOVAL & REPLACEMENT L.F. 14 $12.50 $175.00 $15.00 $210.00 $20,00 $280.00 13 . REMOVE & REPLACE EXISTING 18' C.M.P. L.F. 30 $26.00 $780.00 $13,00 5390.00 620.00 $600.00 14 . RESTORATION & EROSION CONTROL L.B. 1 52,800.00 $2,800.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 15 . TRENCH EXCAVATION PROTECTION L.F. 3,400 $1.00 $3,400.00 $0.50 $1,700.00 $1.00 $3,400.00 8134,995.87 6137,014.20 03716/86 HAYNIE KALLMAN & BRAY, INC. - BIO TABULATIONS PAGE PROJECT: PALM VALLEY PARK WATERLINE IMPROVEMENTS DESCRIPTION: WATER IMPROVEMENTS OWNER: CITY OF ROUND ROCK JOB NUMBER: 103- 2000 -10 FILE: B2 :PVPWLI BID DATE: MARCH 15, 1908 8 2:00 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM NO. DESCRIPTION CAPITOL CITY UTILITIES TOTAL CONTRACT 0137,081.90 PARKER & R06ERS ROBERT HURST COMPANY UNIT UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 . 18" WATERLINE L.F. 3,400 $31.00 $105,400.00 $32.40 $110,160.00 $33.00 $112,200.00 2 . 1B' BUTTERFLY VALVE, INC. BOX & COVER EA. 3 $2,700.00 $8,100.00 $3,000.00 $9,000.00 $2,100.00 $6,300.00 3 . 8" WATERLINE L.F. 8 $30.00 $240.00 $20.00 0160.00 $19,00 $152.00 4 . 8° BATE YALVE, INC. BOX & COVER EA. 1 0500,00 $500.00 $450.00 $450.00 $450.00 $450.00 5 . 2' AUTO. AIR & VAC. RELEASE VALVES EA. 1 $1,000.00 $1,000.00 $1,100.00 $1,100.00 $1,400.00 $1,400.00 6 . 16" WET CONNECTION EA. 1 $600.00 $600.00 $200.00 $200.00 $900.00 $900.00 7 . 5 -14" FIRE HYDRANT ASSEMBLY , EA. 1 $1,250.00 $1,250.00 $1,100.00 $1,100.00 $1,450.00 $1,450.00 B . CAST IRON FITTINBS TN. 2.6664 $2,250.00 $5,999.40 $2,200.00 85,866.08 $3,500.00 $9,332.40 9 . FENCE REPAIR L.F. 115 $5.00 $575.00 $5.00 $575.00 $5.00 $575.00 10 . OPEN CUT & RESTORE ASPHALT DRIVEWAY L.F. 37 $12.50 $462.50 $20,00 $740.00 $20.00 $740.00 11 . OPEN CUT & RESTORE GRAVEL DRIVEWAY L.F. 70 $9.50 $665.00 $15.00 $1,050.00 $3.00 $210.00 12 . CONCRETE CURB REMOVAL & REPLACEMENT L.F. 14 $10.00 $140.00 $10.00 $140.00 020.00 $280.00 13 . REMOVE & REPLACE EXISTING 18' C.M.P. L.F. 30 $20.00 $600.00 $18.00 $540.00 $5.00 $150.00 14 . RESTORATION & EROSION CONTROL L.S. 1 $9,000.00 $9,000.00 $6,000.00 $6,000.00 $3,400.00 $3,400.00 15 . TRENCH EXCAVATION PROTECTION L.F. 3,400 $0.75 $2,550.00 $0.50 $1,700.00 $1.00 $3,400.00 $138,701.08 $140,939.40 03/16/88 HAYNIE KALLMAN & BRAY, INC. - BID TABULATIONS PAGE PROJECT: PALM VALLEY PARK WATERLINE IMPROVEMENTS DESCRIPTION: WATER IMPROVEMENTS OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 - 2000 -1B FILE: 82:PVPWLI BID DATE: MARCH 15, 1988 @ 2:00 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM NO. DESCRIPTION PAT CANION EXCAVATING UNIT UNIT DUANTITY PRICE AMOUNT 1 . 18' WATERLINE L.F. 3,400 533.67 $114,478.00 2 . 18" BUTTERFLY VALVE, INC. BOX & COVER EA. 3 $3,000.00 £9,000.00 3 . 8' WATERLINE L.F. 8 $20.00 $160.00 4 . 8' GATE VALVE, INC. BOX & COVER EA. 1 $500.00 $500.00 5 . 2' AUTO. AIR & VAC. RELEASE VALVES EA, 1 $1,000.00 $1,000.00 6 . 16' WET CONNECTION EA. l $500.00 $500.00 7 . 5 -14' FIRE HYDRANT ASSEMBLY EA. 1 $1,000.00 $1,000.00 B . CAST IRON FITTINGS TN. 2.6664 $3,000.00 $7,999.20 9 . FENCE REPAIR L.F. 115 $3.00 $345.00 10 . OPEN CUT & RESTORE ASPHALT DRIVEWAY L.F. 37 $10.00 $370.00 11 . OPEN CUT & RESTORE GRAVEL DRIVEWAY L.F. 70 $5.00 $350.00 12 . CONCRETE CURB REMOVAL & REPLACEMENT L.F. 14 410.00 $140.00 13 . REMOVE & REPLACE EXISTING 18' C.M.P. L.F. 30 $10.00 4300.00 14 . RESTORATION & EROSION CONTROL L.S. 1 $2,300.00 $2,300.00 15 . TRENCH EXCAVATION PROTECTION L.F. 3,400 41.00 $3,400.00 TOTAL CONTRACT $141,042.20 DATE: MARCH 22, 1988 SUBJECT: Council Agenda, March 24, 1988 ITEM: 13C Consider a resolution authorizing the Mayor to enter into a contract to construct an 18" water line. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATION: Staff recommends that the Mayor enter into a contract with Triple V. Construction Co. in the amount of $119,911.08 to construct the 18" approach main to Old Settlers Park at Palm Valley (see attachments). ECONOMIC IMPACT: The bid price is less than the budget estimiate. PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF PALM VALLEY PARK WATERLINE IMPROVEMENTS 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 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 and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 8 00001 ACKNOWLEDGEMENT OF PAYMENT ITEMS 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. 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 sixty (60) calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda; Addendum No. Dated 1 March 10, 1988 Page 2 of 8 00002 PROPOSAL BIDDING SHEET CONTRACT: Waterline Improvements JOB NAME: Palm Valley Park Waterline Improvements JOB LOCATION: Round Rock, Texas OWNER: The City of Round Rock Gentlemen: Pursuant to the foregoing Advertisement for Bids and Instruction to 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 the plans for the construction of the Palm Valley Park Waterline Improvements and binds himself or acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to wit: Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price __ 3,400 L.F. 18" Waterline, complete in place per linear foot for Twenty -Nine Dollars and No Cents $ 29.00 $ 98,600.00 2 3 EA. .18" Butterfly Valve, including Box & Cover, Valve Marker & Sign Post, complete in place per each for Three Thousand Dollars and Amount No Cents $ 3,000.00 $ 9,000.00 Page of 00003 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 3 L.F. 8" Waterline, complete in _5_ place per linear foot for Twenty -Four Dollars and No Cents $ 24.00 $ 192.00 4 1 EA. 8" Gate Valve, including Box & Cover, Valve Marker, & Sign Post, complete in place per each for Five Hundred Fifty Dollars and 1 EA. 2" Automatic Air & Vacuum Release Valves, including and 1 EA. .16" Wet Connection, complete in place per each for Three Hundred Dollars and No Cents $ 550.00 $ 550.00 all fittings, piping, vault, Cover & Marker sign w /Post, complete in place per each for Twelve Hundred Dollars No Cents $ 1,200.00 $ 1,200.00 Page 4 of 8 No Cents $ 300.00 $ 300.00 00004 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 7 1 EA. 5 -1/4" Fire Hydrant Assembly, including Gate Valve, Valve Box & Cover and all fittings except C.I. Tee, complete in place per each for Twelve Hundred Dollars and No Cents $ 1,200.00 $ 1,200.00 L 2.6664 TN. Cast Iron Fittings, including Concrete Blocking. complete in place per ton -10 for Twenty -Two Hundred Dollars and No Cents $ 2,200.00 $ 5,866.08 115 L.F. Fence Repair, complete in place per linear foot for One Dollars and No Cents $ 1.00 $ 115.00 37 L.F. Open Cut & Restore Asphalt Driveway, complete in place per linear foot for Ten Dollars and No Cents $ 10.00 $ 370.00 Page 5 of 8 00005 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 11 70 L.F. Open Cut & Restore Gravel Driveway, complete in place per linear foot for Eight Dollars 12 and No Cents $ 8.00 $ 560.00 14 L.F. Concrete Curb Removal and Replacement, complete in place per linear foot for and Twelve Dollars 30 L.F. Remove & Replace existing 18" C.M.P., complete in place per linear foot for and No Cents $ 15.00 $ 450.00 1 L.S. Restoration & Erosion Control, complete in place per lump sum for One Thousand Dollars and No Cents $ 12.00 $ 168.00 Fifteen Dollars No Cents $ 1,000.00 $ 1,000.00 Page 6 of $ 000136 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount -5_ 3,400 L.F. Trench Excavation Protection, complete in place per linear foot for No Dollars and Ten Cents $ .10 $ 340.00 for Dollars and Cents $ $ for Dollars and Cents $ for Dollars and Cents $ $ TOTAL CONTRACT $119.911.08 Page 7 of 8 {30007 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the preceding Proposal is hereby respectfully submitted by: Triple V Construction Co. March 15, 1988 Name of Contractor Date Executed by: Title or Position P.O. Box 790 (512) 247 -5663 Business Address Telephone Number Del Valle Texas 78617 City State Zip Page 8 of 8 00008 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this day of , A.D., 1988, by and between The City of Round Rock of the County of Williamson, and the State of Texas, acting through Mayor Mike Robinson thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Triple V Construction Co., of the City of Del Valle, County of Bastrop, 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: "Palm Valley Park Waterline Improvements" 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 HALLMAN & 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 sixty (60) 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 00009 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK Party of the First Part (OWNER) BY: Mike Robinson, Mayor ATTEST: (The following to be executed if the Contractor is a Corporation.) I, 7,, // if% ,..P( , certify that I an the Secretary of the Cd�rporation named as Contractor herein; that , who signed this Contract on behalf of the Contractor wad then - ,. s (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. Corporate Seal ATTEST: Page 2 of 2 TRIPLE V CONSTRUCTION CO. Party of the Second Part (CONTRACTOR) BY: J t ." Ar Signed: /47 14:24"' Bond No. 72- 0120 - 10285 -88 -1 Account No.: 1 5220 THE STATE OF TEXAS S COUNTY OF Travis s PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT Triple V Construction Co., P. 0. Box 790 of the City of Del Valle County of Travis , and State of Texas as principal, and United States Fidelity and Guaranty the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Round Rock, 221 East Main Street Round Rock, Texas 7866d (OWNER), One Hundred Nineteen Thousand Nine Hundred Eleven and 08/100 Companyauthorized under in the penal sum of Dollars ($ 119,911.08 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, - jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the - day of , 1988 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. PROJECT: Palm Valley Park Waterline Improvements PB -1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATIONS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bind is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of the said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of April , 1988. United States Fidelity and Guaranty mpanv Principal ' / Surety By X L r (/ /�i - By X Rhond Title x �� Title P Triple V Construction Co. Address P. 0. Box 790 Del Valle, Texas 78617 The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 2SGU South Interstate 35 Austin, Texas 78704 PB -2 Address 300 Tower Life Building San Antonio, Texas 78205 000'1 2 Bond No. 72- 0120 - 10285 - 88 - 1 Account No.: I 5220 THE STATE OF TEXAS 5 COUNTY OF Travis PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT Triple V Construction Co. r. O. nu x 79u the City of Del Valle , County of Travis , and State of Texas United States Fidelity and as principal, and Guaranty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and City of Round Rock firmly bound unto 221 East Main Street Round Rock, Texas 78664 (OWNER), in the penal sum of One Hundred Nineteen Thousand Nine Hundred Eleven and 08/100 Dollars ($ 119.911.08) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 1988, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROJECT: Palm Valley Park Waterline Improvements PS-3 Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of Anril , 1988. United States Fidelity and Guaranty Company Triple V Construction Co. Principal Surety By X o2 w� l�- �hYM.� BY X lL�v st! It / Rhonda Rawlins Title X vr. Title Attorne - In - Fa t Address P. O. Box 790 Del Valle, Texas 78617 The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 2520 South Interstate 35 Austin, Texas 78704 PB - Address 300 Tower Life Building San Antonio, Texas 78205 0001%1 THE STATE OF TEXAS 5 COUNTY OF Travis Triple V Construction Co. KNOW ALL MEN BY THESE PRESENTS, that we P. O. Box 790, Del Valle, Texas 7861: as Principal, and United States Fidelity and c "mr a Corporation organized under the laws of th Stat2 of a �`ity or una Rock as Surety, are held and firmly bound unto 221 East Main Street, Round Rock, iexds l6bb4 as Obligee, in the penal sum of Eleven Thousand Nine Hundred Ninety One and 11/100 (g 11,991.11 ) MAINTENANCE BOND to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed Improvements Bond No. 72 -0120- 10285 -88 -1 Palm Valley Park Waterline WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of one year after approval b City of Round Rock against all defects in workmanship and materials which may become apparent during said period; MB -1 0 i 01 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of April , 1988. Triple V Construction Co. Principal Surety By X ay (/,�✓1Na Title X Stokes & Searcey Agency, Inc. 2520 South Interstate 35 Austin, Tpvae 7R70A MB -2 United States Fidelity and Guaranty Company By Rhonda L. Rawlings Title Attorney - In - Fact Address P. 0. Box 790 Address 300 Tower Life Building Del Valle, Texas 78617 San Antonio, Texas 78205 The name and address of the Resident Agent of Surety is: (SEAL) STATE OF MARYLAND. BALTIMORE CITY, STATE OF MARYLAND BALTIMORE CITY, (SEAL) FS 3 (1.93) SS: J S ct. GENERAL POWER OF ATTORNEY No 98674 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organieed and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Rhonda L. Rawlings of the City of Austill • State of Texas its true and lawful attorney in and for the State of - for the following purposes, to wit: To sign its name as surety to. and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part a( this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors. hereby ratifies and confirms all and whatsoever the said Rhonda L. Rawlings may lawfully do in the premises by virtue of these presents. In Witneu Whereat, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant Secretary, this 31st day of October , A. D. 19 86 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) (Signed) and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19 90 (SEAL) (Signed) (Signed) CERTIFIED COPY B Ronald E. Wohlust David W. Bryden Margaret M. Hurst Vice- President. Assistant Secretary. On this 31st day of October , A. D. 19 86, before me personally came Ronald E. Wohlust , Vice - President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David W. B en , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they. the said Ronald E. Wohlust and David W. Bryden were respectively the Vice - President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice - President Notary Public. I, Saundra E. Banks • , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. F1lrSt , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of no doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereat, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 31st day of October , A. D. 19 86 Saundra E. Banks Clerk of the Circuit Court for Baltimore City. COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys.in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneya•in• fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the Hiles, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persona, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, Janes M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Rhonda L. Rawlings of Austin, Terms , authorizing and empowering her to gigs bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto net my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on April 4, 1988 (Date) Assistant Secretary. • To: _ CITY OF ROUND ROCK 214 E. MAIN ROUND ROCK, TX 78664 THIS IS TO CERTIFY THAT TRIPLE V CONSTRUCTION CO. AND TRIPLE V EOUTPMENT CO. is, at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. TYPE OF INSURANCE Workman's 026823225 Compensation Comprehensive General D12648224 Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Comprehensive Automobile CAL958409 Liability Owned Vehicles Hired Vehicles Non -Owned Vehicles Includes Contractual Liability CERTIFICATE OF INSURANCE Date: APRIL 5, 1988 Description of Work: PALM VALLEY PARK WATERLINE IMPROVEMENTS POLICY EFFECTIVE EXPIRATION LIMITS OF NO. DATE DATE LIABILITY 01 -16 -88 01 -16 -89 Statutory, State of Texas, $500,000 Employer's Liability 11 -27 -87 11 -27 -88 GENERAL AGGREGATE $1,000,000 PRODUCTS- COMPLETED OPS AGGREGATE $1,000,000 PERSONAL & ADVERTISING INJURY $1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (ANY ONE FIRE) 450,000 MEDICAL EXPENSE (ANY ONE PERSON) ¢5,000 11 -27 -87 11 -27 -88 COMBINED SINGLE LIMIT ^• Page 1 of 2 Bodily Injury $ ea. person $ ea. accident Property Damage Property Damage $ ea. accident $ aggregate D $1,000,000 The above policies either in the body thereof or by approprite endorsement provide that they may not be changed or cancelled by the insurer in less then ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. Page 2 of 2 CIGNA COMPANIES (NameInsure de By: 7 WAYNE D. SEARCEY Titre`: AGENT, EXECUTIVE CE PRESIDENT STOKES & SEARCEY AGENCY, INC. Address: 2520 SOUTH IH 35 AUSTIN, TX 78704 Of I CERTIFICATE OF INSURANCE ISSUE DATE 4 (MM g PRODUCER 0 STOKES & SEARCEY AGENCY, INC. 2520 SOUTH IH 35 AUSTIN, TEXAS 78741 (512) 444 -7466 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 ETTER Y A INA OF TEXAS COMPANY B L ETT ER INSURED CITY OF ROUND ROCK, TEXAS THEIR AGENTS AND EMPLOYEES AS THEIR INTERETS MAY APPEAR 221 E. MAIN ST. - ROUND ROCK, TEXAS 78664 LE COMPANY c LETTER Y D COMPANY LETTER E OVERAGES d THIS IS TO CERT T POLICIES OF INSURANCE LISTED BELO W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND CATED, NOTWITHSTAND ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR M AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER PoLICY EFRCTrvE DATE (MMRXIlY1T PoLICT EXPIIIA710N OAIE (MMND/YYJ ALL LIMITS IN THOUSANDS A GENERAL LIABILITY G0827155 - 0 4 - 19 - 88 4 -19 -89 GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILRY Pfl000LT5 LOMP/OPS AGGREGATE $ I 1 CLAIMS MADE ■ OCCURRENCE PERSONAL 8 AOVRRTISING INJURY $ 2_ - OWNER'S& CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1,000 FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) AUTOMOBILE — — - - LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONAWNED AUTOS GARAGE LIABILETY CSL $ $ BDaty (PERRY (PER PERSON) $ BODILY INJURY )CA BENT) $ I PROPERTY DAMAGE $ EXCESS LIABILITY OTHER THAN UMBRELLA FORM waimENGE $ AccnEOAre $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY r $ (EACH ACCIDENT) $ (DISEASE - POLICY LIMIT) $' (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS DESIGNATED CONTRACTOR — TRIPLE V CONSTRUCTION CO. PROJECT: PALM VALLEY PARK WATERLINE IMPROVEMENTS * SPECIFIC 10 DAY NOTICE ENDORSEMENT ATTACHED CERTIFICATE HOLDER CANCELLATION I CITY OF ROUND ROCK, TEXAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. THEIR AGENTS AND EMPLOYEES PIRATION DATE THEREOF, THE ISSUING COMPANY WILL :1 A T§TT¢p( MAIL 10 DAYS WRITTEN NOT E TO HE CERTIFICATE HO = 1 NAMED TO THE AS THEIR INTERESTS MAY APPEAR 221 E. MAIN ST., LEFT, BUT FAI RE TO MAIL CH .TICE ' SHALL 1 'OSE 0 OBLIGATION OR ROUND ROCK, 78664 LIABILITY • ' •y KIND PO !. E C1 ' L ,C.L .0 •R REPRESENTATIVES. ,TEXAS AUTHOR! - %/' •�: '><'.. TI ,'.' • IF STO ' S & SEARCEY AG�' ACORD 25 -S (11/35) • IIR /ACORD CORPORATION 1935 Haynie Kaltman & Gray, Inc. Consulting Engineers 12303 Technology Blvd., Suite J Austin, Texas 78727 (512) 250 .8611 309 E Main Round Rock, Texas 78664 (512) 255 -7861 To a— ZOP • 22/ 4 n Date' 5 723 /88 From' /.lac -c/ w2 ( li1 / � L2 4Ceta" Job #' /03 - 02000 —.10 � Attn: - 21 • 7a en �/ ) Via* Mail d Hand Delivered Other Project' 4 Q�/ ... Y -c Au2�L_ Enclosures: Correspondence Field Notes v Specifications Prints Pay Estimates Submittal Data Original Drawings Change Orders Other CC: cBECEIVED B3 TRANSMITTAL/DELIVERY FORM Item# #Sets! Description Copies ‘24-15 . .1rz_0 c e ezt -z / Cn9 - t k lez," - y Enclosures Transmitted t '"*" For Your Files For Review & Comment _Approved as Submitted As Requested For Your Signature Returned for Corrections For Your Information For Approval & Payment Other Remarks' t te�i f Haynie Kallman & Gray, Inc. Consulting Engineers Bids will be received at City Council Chambers City of Round Rock, 221 E. Main Street, Round Rock, Texas until 2:00 p.m., Tuesday, March 15, 1988 STEVEN D. ESALIMAN y y, ?o .9 40762 �., j 41 �gONAL%� THE CITY OF ROUND ROCK PALM VALLEY PARK WATERLINE IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS OWNER: CITY OF ROUND ROCK SPECIFICATION NO. Haynie ms' Engineers Austin,Texas HK &G Job No.: 103 -2000 Spec Version: 11/06/87 Haynie moray, lnc. MARCH 10, 1988 ADDENDUM NO. 1 PALM VALLEY PARK WATERLINE IMPROVEMENTS Addendum No. 1 to the Plans, Specifications and Contract Documents for "Palm Valley Park Waterline Improvements" project for the City of Round Rock, Texas. 1. At this time, the Owner desires to construct only the proposed 18" waterline from STA. 0 +00 to STA. 34 +00 and the 8" waterline from STA. 0+00 to STA. 0+08. 2. Replace Sheets 1 through 8 of the old Proposal with Sheets 1 through 8 of the new Proposal. 3. In Technical Specifications Page 6 -1, Item 6.02 Valves (Item 511), Revise as follows: "Butterfly Valves shall conform to AWWA Specification C - 504 with ends appropriate to installation on piping. Butterfly Valves shall be factory leak tested on both sides for 200 psi. Butterfly Valves shall be provided with AWWA 150B Manual Operator for buried service. Valve shall have external adjustment and be sleeved to allow easy removal from the line. Butterfly Valves shall have ductile iron disks. Gate Valves shall conform to AWWA Specification C -500 with ends appropriate to installation on piping. Gate Valves shall be factory leak tested on both sides for 200 psi." 4. All bidders shall acknowledge receipt of Addendum No. 1 on Sheet 2 of 2 of the Proposal. ADDENDUM NO. 1 - 1/9 12303 Technology 8l4, Suite J Austin, Texas 78727 (512) 250 -8611 Civil Engineering Consultants Municipal Engineenng land Planning Surveying ADDENDUM NO. 1 - 2/9 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF PALM VALLEY PARK WATERLINE IMPROVEMENTS 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 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 and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 8 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. ACKNOWLEDGEMENT OF PAYMENT ITEMS 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. ADDENDUM NO. 1 - 3/9 KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS CONTRACT TIME t If awarded the Contract, the undersigned agrees to complete the work in sixty (60) 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 8 1 1 1 ' JOB NAME: Palm Valley Park Waterline Improvements JOB LOCATION: Round Rock, Texas ' OWNER: The City of Round Rock ' Gentlemen: Pursuant to the foregoing Advertisement for Bids and Instruction to ' 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 the plans for the construction of the Palm Valley Park Waterline Improvements and binds himself or acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for ' the following prices, to wit: ' Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount 1 • � 3,400 L.F. 18" waterline, complete in place per linear foot 1 1 I 1 1 1 1 CONTRACT: Waterline Improvements ADDENDUM NO. 1 - 4/9 PROPOSAL BIDDING SHEET for Dollars and Cents $ $ 3 EA. 18" Butterfly Valve, including Box & Cover, Valve Marker & Sign Post, complete in place per each for Dollars and Cents $ $ Page 3 of 8 1 ' ADDENDUM NO. 1 - 5/9 Bid Item Description Unit ' Item Ouantitv Unit and Written Unit Price Price Amount IN ---1- 8 L.F. 8" Waterline, complete in II place per linear foot 1 • 4 1 1 1 1 1 1 1 1 1 -- 1 1 1 1 for Dollars and Cents $ $ 1 EA. 8" Gate Valve, including Box & Cover, Valve Marker, & Sign Post, complete in place per each for Dollars and Cents $ $ 1 EA. ,2" Automatic Air & Vacuum Release Valves, including all fittings, piping, vault, Cover & Marker sign w /Post, complete in place per each for Dollars and Cents $ $ 1 EA. 16" Wet Connection, complete in place per each for Dollars and Cents $ $ Page 4 of 8 1 1 ADDENDUM NO. 1 - 6/9 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1 7 1 1 1 1 -- 1 1 1 9 1 1 1 1 1 1 1 1 1 EA. 5 -1/4" Fire Hydrant Assembly. including Gate Valve, Valve Box & Cover and all fittings except C.I. Tee, complete in place per each for Dollars and Cents $ $ 2.6664 TN. Cast Iron Fittings, including Concrete Blocking, complete in place per ton for Dollars and Cents $ $ 115 L.F. Fence Repair, complete in place per linear foot for Dollars and Cents $ $ 37 L.F. Open Cut & Restore Asphalt Driveway, complete in place per linear foot for Dollars and Cents $ $ Page 5 of 8 1 1 1 ADDENDUM NO. 1 - 7/9 Bid Item Description Unit t Item Quantity Unit and Written Unit Price Price Amount II ' j 70 L..11... Open Cut & Restore Gravel Driveway, complete in Place 1 per linear foot for Dollars and Cents $ $ ' 12 1 1 1 1 14 L.F. Concrete Curb Removal and Replacement, complete in 1 place per linear foot ' for Dollars and Cents $ $ ,_ 30 L.F. Remove & Replace existing 18" C.M.P., complete in place per linear foot ' for Dollars and Cents $ $ 1 1 L.S. Restoration & Erosion Control, complete in place ' per lump sum for Dollars and Cents $ $ Page 6 of 8 1 ADDENDUM NO. 1 - 8/9 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount ' _ 3.400 L.F. Trench Excavation Protection, complete in place per linear 1 foot for Dollars 1 and Cents $ $ 1 1 for Dollars and Cents $ $ 1 I 1 for Dollars and Cents $ $ 1 1 for Dollars 1 and Cents $ $ TOTAL CONTRACT $ Page 7 of ____a_ 1 SUBMISSION OF THE PROPOSAL ADDENDUM NO. 1 - 9/9 In accordance with the Contract Documents, the preceding Proposal is hereby respectfully submitted by: Name of Contractor Date Executed by: Title or Position Business Address Telephone Number City Page 8 of 8 State Zip 1 1 INDEX 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT DOCUMENTS 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 - PERFORMANCE BOND 10 - PAYMENT BOND 11 - MAINTENANCE BOND 12 - CERTIFICATE OF INSURANCE 13 - GENERAL CONDITIONS 14 - SPECIAL CONDITIONS 15 - TECHNICAL SPECIFICATIONS 16 - EXCAVATION, RESPONSIBILITY, TRENCH DESIGN & SHORING 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOTICE TO CONTRACTORS PALM VALLEY PARK WATERLINE IMPROVEMENTS Sealed Bids, in envelopes addressed to The City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664 will be received at the City Council Chambers at the above mentioned address until 2:00 p.m., Tuesday, March 15, 1988 and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of the Palm Valley Park Waterline Improvements. Bids will be submitted in sealed envelopes for the project on the proposal furnished, and marked in the upper left hand corner "Bid for Palm Valley Park Waterline Improvements to be opened at 2:00 p.m., Tuesday, March 15, 1988 ". 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 bond within ten (10) days after notice of award of contract to him. The notice of award of contract shall be given by the Owner within 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 which 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 Security 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. Page 1 of 2 Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie Rallman & Gray, Inc., for fifty ($50.00) dollars per set, which is non - refundable. Plans and specifications may be examined at the office of the Engineer, Haynie Hallman & Gray, Inc., 12303 -J Technology Blvd., Austin, Texas. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Engineer, Haynie Hallman & Gray, Inc., and obtain clarification prior to submitting any bid. Prequalification Requirements: The bidder is to submit information regarding his qualifications with this bid in accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and regulated by the State of Texas and the Federal Government. The Project shall be completed within sixty (60) calendar days after Notice to Proceed from the Engineer. Advertised in the Austin American Statesman: Sunday, Sunday, Sunday, Advertised in the Round Monday, Monday, Monday, February 28, 1988 March 6, 1988 march 13, 1988 . Rock Leader: February 29, 1988 March 7, 1988 March 14, 1988 Page 2 of 2 ADVERTISEMENT SUMMARY 1 OWNER: The City of Round Rock LOCATION: Round Rock, Texas PROJECT TITLE & TYPE: Palm Valley Park Waterline Improvements BID BOND: 5% PERFORMANCE BOND: 100% PAYMENT BOND: 100$ MAINTENANCE BOND: 100% March 2, 1988 PLANS AVAILABLE: F BAYNIE KALLMAN & GRAY, INC. 12303 -J Technology Blvd. Austin, Texas 78727 Telephone: (512) 250 -8611 1 OPENING TIME: 2:00 p.m., March 15, 1988 ' OPENING PLACE: CITY OF ROUND ROCK City Council Chambers 221 E. Main Street 1 Round Rock, Texas 78664 Telephone: (512) 255 -3612 1 1 1 1 1 1 1 1 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: THE CITY OF ROUND ROCK 221 E. Main Street Round Rock, Texas 78664 and shall be identified as follows: "Bid for Palm Valley Park Waterline Improvements to be opened at 2:00 p.m., Tuesday, March 15, 1988." 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. DISOUALIFICATION OF BIDDERS More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collusion will be considered 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 1 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. I EXECUTION OF CONTRACT I 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 bid again at a later date. ! PROPOSAL GUARANTEE 1 f 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. BIDDER'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 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF PALM VALLEY PARK WATERLINE IMPROVEMENTS 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 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 and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 8 00001 ACKNOWLEDGEMENT OF PAYMENT ITEMS 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. 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 sixty (60) calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda; Addendum No. Dated 1 March 10, 1988 Page 2 of 8 00002 1 1 PROPOSAL BIDDING SHEET ' CONTRACT: Waterline Improvements • JOB NAME: Palm Valley Park Waterline Improvements ▪ JOB LOCATION: Round Rock, Texas ' OWNER: The City of Round Rock Gentlemen: Pursuant to the foregoing Advertisement for Bids and Instruction to 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 ▪ the plans for the construction of the Palm Valley Park Waterline ▪ Improvements and binds himself or acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to wit: ' Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1 __ 3,400 L.F. 18" Waterline, complete in 1 1 1 place per linear foot for Twenty -Nine Dollars and No Cents $ 29.00 $ 98,600.00 3 EA. 18" Butterfly Valve, including Box & Cover, Valve Marker & Sign Post, complete in place per each for Three Thousand Dollars and 1 Page 3_ of 8 1 No Cents $ 3,000.00 $ 9,000.00 00003 1 1 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1 _L L.F. 8" Waterline, complete in 1 place per linear foot for Twenty -Four Dollars 1 and No Cents $ 24.00 $ 192.00 ' _A_ 1 . EA. 8" Gate Valve, including Box & Cover, Valve Marker, ' & Sign Post, complete in 1 place per each for Five Hundred Fifty Dollars 1 and No Cents $ 550.00 $ 550.00 ' ___5_ 1 EA. 2" Automatic Air & Vacuum Release Valves, including 1 all fittings, piping, vault, I Cover & Marker sign w /Post, complete in place per each for Twelve Hundred Dollars and No Cents $ 1,200.00 $ 1,200.00 1 1 EA. 16" Wet Connection, complete 1 in place per each for Three Hundred Dollars 1 and No Cents $ 300.00 $ 300.00 1 1 Page 4 of 8 60004 1 ' Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1 7 1 EA. 5 -1/4" Fire Hydrant Assembly, ' including Gate Valve, Valve Box & Cover and all fittings I except C.I. Tee, complete in 1 place per each for Twelve Hundred Dollars 1 and No Cents $ 1,200.00 $ 1,200.00 8 2.6664 TN. Cast Iron Fittings, includinq Concrete Blocking, complete ' in place per ton for Twenty -Two Hundred Dollars ' and No Cents $ 2,200.00 $ 5,866.08 ' 115 L.F. Fence Repair. complete in place per linear foot ' for One Dollars and No Cents $ 1.00 $ 115.00 1 10 37 L.F. Open Cut & Restore Asphalt 1 Driveway, complete in place I per linear foot for Ten Dollars 1 1 1 1 and No Cents $ 10.00 $ 370.00 Page 5 of 8 00005 1 . ' Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1 _ 70 L.F. Open Cut & Restore Gravel ' Driveway, complete in place per linear foot I for Eight Dollars 1 and No Cents $ 8.00 $ 560.00 I _ 1 4 L.F. Concrete Curb Removal and Replacement, complete in 1- 1 1 1 - 1 1 1 14 1 1 place per linear foot for Twelve Dollars and No Cents $ 12.00 $ 168.00 30 L.F. Remove & Replace existing 18" C.M.P., complete in place per linear foot for Fifteen Dollars and No Cents $ 15.00 $ 450.00 1 L.S. Restoration & Erosion Control, complete in place per lump sum for One Thousand Dollars and No Cents $ 1,000.00 $ 1,000.00 1 1 1 1 Page _ 6 of 8 00006 1 ' Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1 3,400 L.F. Trench Excavation Protection, complete in place per linear foot 1 for No Dollars ' and Ten Cents $ .10 $ 340.00 1 for Dollars and Cents $ $ 1 1 ' for Dollars and Cents $ $ 1 1 1 for Dollars and Cents $ $ 1 TOTAL CONTRACT $119,911.08 Page 7 of 8 00007 1 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the preceding Proposal is hereby respectfully submitted by: Triple V Construction Co. Name of Contractor Executed by: P.O. Box 790 (512) 247 -5663 Business Address Telephone Number Del Valle Texas 78617 City State Zip Page 8 of 8 March 15, 1988 Date Title or Position) 00008 1 1 1 1 1 1- 1 1 1 1 I (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner: 1 1 1 1 1 1 1 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name (2) Address (3) Phone Number (4) Type of Firm:' ( ) Individual, ( ) Partnership, ( ) Corporation (5) Corporation organized under the laws of the State of (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation. (7) Number of years experience (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in excess of one - half (1/2) of one (1%) percent of the total bid price and indicate what part of the work will be done by each subcontractor: Page 1 of 2 (10) Payment of taxes, in the State of Yes No ' 1 (11) List all jobs you performed in which a trench failure injury occurred: 1 1 (12) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Page 2 of 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this /(9 day of `yyteur , A.D., 1988, by and between The City of Round Rock of the County of Williamson, and the State of Texas, acting through Mayor Mike Robinson thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Triple V Construction Co., of the City of Del Valle, County of Bastrop, 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: "Palm Valley Park Waterline Improvements" 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 sixty (60) 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 00009 I t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK Party of the First Part (OWNER) BY: ATTEST: Mike Robinson, Mayor (The following to be executed if the Contractor is a Corporation.) i, T,,, //• /,'/ f _/f , certify that I am t e Secretary of the Corporation named as Contractor herein; that L., who signed this Contract on behalf of the Contractor wag then /.sr4-7 (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. Corporate Seal Page 2 of 2 TRIPLE V CONSTRUCTION CO. Party of the Second Part (CONTRACTOR) BY: ATTEST: A +,t4. ^•7 P Signed: ,4 v 00010 i' PERFORMANCE BOND 1 1 1 THE STATE OF TEXAS § 1 1 KNOW ALL MEN BY THESE PRESENTS, THAT P. O. Box 790 1 1 1 1 1 1 • Bond No. 72- 0120 - 10285 -88 -1 Account No.: 1 5220 COUNTY OF Travis Triple V Construction Co., of the City of Del valle County of Travis , and State of Texa as principal, and United States Fidelity and Guaranty Compan authorized under the laws of the State of Texas to act as surety on bonds for principals, City of Round Rock, are held and firmly bound unto 221 East Main Street Round Rock, Texas 78664 (OWNER), in the penal sum of One Hundred Nineteen Thousand Nine Hundred Eleven and 08/100 Dollars ($ 119,911.08 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, - jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the /D' day of - i , 1988 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. PROJECT: Palm Valley Park Waterline Improvements 1 1 1 PB -1 1 3011 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATIONS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bind is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of the said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of April , 1988. United States Fidelity and Guaranty Company Principal Surety x 7 By X - Rhond= L. Rawlings Title Attorney -In - Fa t Triple V Construction Co. Title x /-� Address P. 0. Box 790 Del Valle, Texas 78617 The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 252U South Interstate 35 Austin, Texas 78704 PB - 2 Address 300 Tower Life Building San Antonio, Texas 78205 00012 Bond No. 72- 0120 - 10285 -88 -1 Account No.: I 5220 THE STATE OF TEXAS S COUNTY OF Travis PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT Triple V Construction Co. P. u. nux 7yu the City of Del Valle , County of Travis , and State of United States Fidelity and as principal, and Guaranty Comoanv authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and City of Round Rock firmly bound unto 221 East Main Street Round Rock, Texas 78664 (OWNER), in the penal sum of One Hundred Nineteen Thousand Nine Hundred Eleven and 08/100 Dollars ($ 119.911.08) for the Texas payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the /O day of - `frYta f , 1988, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROJECT: Palm Valley Park Waterline Improvements PB -3 00013 Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of April , 1988. United States Fidelity and Guaranty Company Triple V Construction Co. Principal B x inw� Dp 1 /L Title x Address P. 0. Box 790 Del Valle, Texas 78617 Stokes & Searcey Agency, Inc. 2520 South Interstate 35 Austin, Texas 78704 PB -4 Surety x By Rhonda Rawlings Title ttorney- In -F <ct Address 300 Tower Life Building San Antonio, Texas 78205 The name and address of the Resident Agent of Surety is: 00014 1 1 1 1 1 1 1 L 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS § COUNTY OF Travis MAINTENANCE BOND Bond No. 72 -0120- 10285 -88 -1 Triple V Construction Co. P. 0. Box 790, Del Valle, Texas 78617 KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and United States Fidelity and r„aranty C ^many a Corporation organized under the laws of the i y of Ro State of Maryland und Rock as Surety, are held and firmly bound unto 221 East Main Street, Round Rock, Texas /bbb4 as Obligee, in the penal sum of Eleven Thousand Nine Hundred Ninety One and 11 /100 ($ 11,991.11 ) to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed Palm Valley Park Waterline Improvements WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of one year after approval b City of Round Rock against all defects in workmanship and materials which may become apparent during said period; MB -1 00015 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of April , 1988. Triple V Construction Co. Principal Title X /..ca. Address P ' 0. Box 790 Del Valle, Texas 78617 The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 2520 South Interstate 35 Angtin Taxaa 7R7f1d United States Fidelity and Guaranty Company Surety By Rhon.= L. Rawlings Title Attorney -In -Fact Address 300 Tower Life Building San Antonio, Texas 78205 MB -2 GENERAL - -POWER OF ATTORNEY No 98674 Knoro all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the C,ty of Baltimore, in the Slate of Maryland. does hereby constitute and appoint Rhonda L. Rawlings of the City of Austin , State of ` exaS its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety tn. and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth to the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Rhonda L. Rawlings may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice.President and Assistant Secretary, this 31 st day of October , A. D. 19 86 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND. BALTIMORE CITY, 58: STATE OF MARYLAND BALTIMORE CITY, Sct. (Signed) By Ronald E. Wohlust (Signed) CERTIFIED COPY David W. Bryden Vice.President. Assistant Secretary. On this 3lst day of October , A. D. 19 86. before me personally came ' Ronald E. Wohlust , Vice - President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David W. Bryden , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said Ronald E. Wohlust and David W. Bryden were respectively the Vice. President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed In said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice.President and Assistant Secretary. respectively, of the Company. 90 My commission expires the first day in July, A. D. 19 (SEAL) (Signed) Margaret M. Hurst Notary Public. I, Saundra E. Banks • , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hirst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 31st day of October , A. D. 19 86 (SEAL) (Signed) Saundra E. Bank'' Clerk of the Circuit Court for Baltimore City. FS 3 (1.83) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizancea, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. James M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Rhonda L. Rawlings of Austin, Texas , authorizing and empowering her to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on April 4, 1988 (Date) Assistant Secretary. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 To: CITY OF ROUND ROCK 214 E. MAIN - ROUND ROCK, TX 78664 THIS IS TO CERTIFY THAT TRIPLE V CONSTRUCTION CO. AND TRIPLE V EOUIPMENT CO. is, at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. TYPE OF POLICY INSURANCE NO. Workman's C26823225 Compensation . Comprehensive General D12648224 Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Comprehensive Automobile CAL958409 Liability Owned Vehicles Hired Vehicles Non -Owned Vehicles Includes Contractual Liability CERTIFICATE OF INSURANCE EFFECTIVE EXPIRATION LIMITS OF DATE DATE 01 -16 -88 01 -16 -89 11 -27 -87 11 -27 -88 11 -27 -87 11 -27 -88 Date: APRIL 5, 1988 Description of Work: PALM VALLEY PARK WATERLINE IMPROVEMENTS COMBINED SINGLE LIMIT Page 1 of 2 LIABILITY Statutory, State of Texas, $500,000 Employer's Liability GENERAL AGGREGATE $1,000,000 PRODUCTS - COMPLETED OPS AGGREGATE 51,000,000 PERSONAL & ADVERTISING INJURY 1,000,001) EACH OCCURRENCE $1,000,000 FIRE DAMAGE (ANY ONE FIRE) $5U,000 -•- MEDICAL EXPENSE (ANY CUE PERSON) $5,000 Bodily Injury $ ea. person $ ea. accident Property Damage Property Damage $ ea. accident $ aggregate 09 1'7 $1,000,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The above policies either in the body thereof or by approprite endorsement provide that they may not be changed or cancelled by the insurer in less then ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. Page 2 of 2 CIGNA COMPANIES Title:'AGENT, EXECUTIVE ''CE PRESIDENT STOKES & SEARCEY AGENCY, INC. Address: 2520 SOUTH IH 35 AUSTIN, TX 78704 CO y LTR TYPE OF INSURANCE POLICY NUMBER POLICY EPPECTNE DA'c r ogsA POLICY EXP'RATIDN OATS vszE ALL LIMITS IN THOUSANDS GENERAL - LIABILITY COMMERCIAL GENERAL LIABILITY G0827155 -0 4 -19 -88 4 -19 -89 ' GENERAL AGGREGATE S 2,000 PRODUCTS LC'.IP,YIPS AGGREGATE $ CLAIMS MADE EOCCURRE ",CE PERSONAL & ADVERTIS.NG INJURY $ I X - OV /WEB'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1 000 I '. $ FIRE DAMAG ZANY ONE RAE) MEDICAL EXPE'SE (ANY ONE PERSON) $ AUTOMOBILE - - - - LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY r r�� CD. $ y. „ INJURY ` PERRY PEP PEFSOVI BMW( (JURY kADENR $ DA MAGE DAMAGE A+ W E XC E SS LIABILITY R O THER THAN UMBRELLA F ORM _ _ EACH OCCURRENCE AGGREGAtE WORKERS' COMPENSATION AND EMPLOYERS' EMPLOYERS' LIABILITY STATUTORY 1 � '' $ n ' " "- " $ (EACH ACCIDENT) $ )DISEASE POLICY LIMIT) EACH EMPLOYER I i„ OTHER [ {F F 711F1 „ PRODUCER L STOKES & SEARCEY AGENCY, INC. 2520 SOUTH IH 35 AUSTIN, TEXAS 78741 (512) 444 -7466 INSURED CITY OF ROUND ROCK, TEXAS THEIR AGENTS AND EMPLOYEES AS THEIR INTERETS MAY APPEAR 221 E. MAIN ST. ROUND ROCK, TEXAS 78664 COVERAGES ,'itx" 01"7.!4P .ft ; 4H„04T1 ,k ?'{;PL ,e.. INS p exi At .h &? U1 .Matt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY a LETTER COMPANY {r' LETTER COMPAN LETTER COMPANIES AFFORDING COVERAGE ISSUE DATE IMM(DDNY) 4 -19 -88 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. tEFMEICATEFiOEDEf INES M CITY OF ROUND ROCK, TEXAS THEIR AGENTS AND EMPLOYEES AS THEIR INTERESTS MAY APPEAR 221 E. MAIN ST., ROUND ROCK, TEXAS 78664 ACOR0125S M ' C'AN Off• ? eIIRIACORQCORPORATEON :; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL XXXXXXX MAIL 1 0 DAYS WRITTEN NOT' .E TO HE CERTIFICATE HO ' . NAMED TO THE LEFT, BUT FAIL RE TO MAIL 7 JJCH r )TICE SHALL IMPOSE JO OBLIGATION OR LIABILITY "] r KIND UPO E C' ! ,/ � . • R REPRESENTATIVES. AUTHORICf{ /_ STORES & SEARCEY AGZ Y, INC. DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS DESIGNATED CONTRACTOR - TRIPLE V CONSTRUCTION CO. PROJECT: PALM VALLEY PARK WATERLINE IMPROVEMENTS * SPECIFIC 10 DAY NOTICE ENDORSEMENT ATTACHED 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 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. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 9 3.01 Labor, Equipment, Materials and 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (CONTENTS CONTINUED) 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 ,,. 4.01 Lines and Grades 13 4.02 Right of Entry 13 4.03 Owner's Representatives 13 4.04 Collateral Work 13 4.05 Right -of -Way 13 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 5.05 Extensions of Time 15 5.06 Liquidated Damages for Failure to Complete on Time 15 6. IDEMNITY 6.01 Contractor's Idemnity Provision 6.02 Workmen's Compensation Insurance 6.03 Comprehensive General Liability Insurance 6.04 Owner's Protective Insurance 6.05 Comprehensive Automobile Liability Insurance 6.06 Insurance Certificate 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor 8.02 Retention of Contractor's Equipment and Materials by Owner 8.03 Methods of Completing the Work 8.04 Final Acceptance 8.05 Disposition of Contractor's Equipment 16 16 16 16 17 17 17 7. TERMINATION OF CONTRACT 17 7.01 Right of Owner to Terminate 17 7.02 Right of Contractor to Terminate 18 7.03 Removal of Equipment 18 18 18 18 19 19 20 9. MEASUREMENT AND PAYMENT 20 9.01 Character of Measurements 20 9.02 Estimated vs. Actual Quantities 20 9.03 Payment 21 9.04 Monthly Estimates and Payments 21 9.05 Certificates of Completion 22 9.06 Final Estimate and Payment 22 9.07 Notarized Affidavit 22 9.08 Release of Liability 23 9.09 Contractor's Obligation 23 9.10 Payments Withheld 23 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 betw:en any of the Contract Documents, priority of the interpretation shall be in the following order: Signed Agreement, PerEormance, Payment, and Maintenance Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Instructions to Bidders, Technical Specifications, Plans, and Gen =ral Conditions of the Agreement. 1.03 Contractor. " :ontractor" 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 within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "'extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner designated in acting through shall mean The City of Round Rock named and the Agreement as the "Party of the First Part" 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 1when 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., a 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 workedito 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 i "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 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under 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 addressi known to him who gives the notice. -2- 1 1 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 #tight of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that they may be dispensed with. 1 1 1 1 1 1 1 1 1 1 1 1 1 -.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,iany 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 supervisionjby the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable, for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage 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' which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. I 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall idemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 Licenses, Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. -4- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Reeninq 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 20% 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 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". 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- Method "A" - Method "B" - Method "C" - 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: By agreed unit prices; By agreed lump sum; or 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%. i 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 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 Receiving and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the Engineer. 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. a 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 +f. the work whether they are shown on Plans or not. 1 2.24 Shelters for Workmen and Materials.' The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. -8- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.25 Sanitary 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, Equipment. Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance, "Pavment and Maintenance Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance, payment, and maintenance bonds, each in the sum of 100% of the total Contract price, in standard forms for this purpose guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in 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 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 4x All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual 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 Signs. 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 Wages. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. 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 Obligations. 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 Vite Clean Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or conduits, shall tear down and remove all 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 Contractor shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within 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 xor his employees such stakes, marks, etc. shall be replaced as directed by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for 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 Right- of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. -13- 4.06 Adequacy 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 WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and 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 Rate 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 Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this 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 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is .provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $500.00 per calendar day. -15- 6. IDEMNITY 6.01 Contractor's Idemnity 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 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 $100,000 each person $300,000 each accident Property Damage $ 50,000 each accident 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- 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 Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should 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 Retention 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 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 1 complete the work and will be,reflected in the final settlement. 8.03 Methods of Completing the Work. If the Surety should fail to I 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 I 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 I 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 I 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 I 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 I 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 I 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 I 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. 1 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. 1 8.04 Final Acceptance. When the work has been completed and accepted by the Owner, the Contractor and his Surety shall be so notified I and a Contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract 1 ' -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 pisposition 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. An 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 r4onthly Estimates and Payments. The Contractor shall furnish to the Engineer by the twenty -fifth of 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 and if acceptance by Owner and all governmental entities having jurisdiction has been secured, 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 } ' SECTION 01 - INFORMATION 01 -01 ENGINEER t The word "Engineer" in these Specifications shall'be understood as referring to HAYNIE KALLMAN & GRAY, I 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. I 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED I The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming I Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from Engineer at commercial reproduction IF rates plus 20% for handling. 01 -03 GOVERNING CODES I All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent ' amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME 1 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 1 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 I The Owner shall be the party or parties named in the Notice to Contractor. 01 -07 LOCATION ' The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. 1 1 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 - "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. 5-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. r 02 - 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 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine 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 LIMIT 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 JIMITS 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 STARING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. PROTECTION OF STAKES, 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. S -4 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: 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. S -5 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. S -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TECHNICAL SPECIFICATIONS ITEM 1 1.01 GENERAL DESCRIPTION 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 street improvements, water distribution, sewage collection, and storm drainage facilities complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parenthesis adjacent to captions is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin, Standard Specifications as adopted and amended by the City of Round Rock and the current City of Round Rock Erosion & Sedimentation Control Ordinance, 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 Round 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 BACKWORK 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 streets and drainage facilities as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. 2 -1 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK 3 -1 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 utility 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 utilities at centerline. 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. PROTECTION OF STAKES, 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. The Contractor's final pay estimate will not be released to the Owner for payment until all property corners in the Project have been verified in place to the Engineer's satisfaction in accordance with the above schedule. 3.04 CUT SHEETS - CITY OF AUSTIN PROJECTS ONLY water and Wastewater The Engineer shall issue four (4) copies of cut sheets and one (1) copy of field notes to the City of Austin's Water and Wastewater Construction /Inspection Division. The Contractor shall request his cut sheets from the City of Austin Water and Wastewater Construction /Inspection Division. Storm Drainage The Engineer shall issue four (4) copies of cut sheets and one (1) copy of field notes to the City of Austin One Call Center" One Texas Center, 505 Barton Springs Road, Austin, Texas. The Contractor shall request his cut sheets from the City of Austin Department of Public Works Inspection Department. CUT SHEETS - OTHER THAN THE CITY OF AUSTIN The Engineer shall furnish two (2) copies of cut sheets to the Contractor. The Contractor shall be responsible for acquiring cut sheets'at the office of the Engineer. 3 -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. See special notes concerning trees on Sheet 7 of the Plans. 4.03 BARRICADES 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. 4.04 PROPERTY LINES AND MONUMENTS 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 for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. 4 -1 1 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 MATERIALS AND WORKMANSHIP 1 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. 1 1 1 1 1 1- 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 6 WATER DISTRIBUTION IMPROVEMENTS 6.01 MATERIALS (Item 510) Water mains shall be Ductile Iron Cl. 50 or P.V.C. C-900 Cl. 200 unless shown otherwise. Water services shall be Polybutylene tubing (blue) rated at 250 psi working pressure. 6.02 VALVES (Item 511) Butterfly Valves shall conform to AWWA Specification C -504 with ends appropriate to installation on piping. Butterfly Valves shall be factory leak tested on both sides for 200 psi. Butterfly Valves shall be provided with a Limortorque "T" Series Operator or approved equal. Valve shall have external adjustment and be sleeved so to allow easy removal from line. Butterfly Valves shall be provided with access port to allow seat adjustment. Butterfly Valves 24 inches in diameter and greater shall have ductile iron disks. Gate Valves shall conform to AWWA Specification C -500 with ends appropriate to installation on piping. Testing of Gate Valves shall be factory leak tested on both sides for 200 psi. 6.03 FIRE HYDRANTS (Item 511) Fire hydrants shall be 3 -way Mueller, improved AWWA TYPE, or approved equal, with pump nozzle for 4 - 1/2" fire hose. A 6" gate valve and valve box shall be provided on each fire hydrant. 6.04 TESTING (Item 510) All testing of pipe shall be done under the supervision and direction of the Engineer, and the Contractor shall perform such tests as required and furnish all equipment and material for same at the Contractor's sole expense. 6.05 STERILIZATION (Item 510) Sterilization of mains shall be done under the supervision of the Engineer, and the Contractor shall perform such sterilization and furnish all material and equipment for same. The Contractor will be responsible for bacteriological tests. If such bacteriological tests fail, the Contractor shall be responsible for re- sterilization of the mains. 6 -1 6.06 STANDARD DETAILS The "Standard Details" shall be followed as included in the Plans. 6.07 MEASUREMENT AND PAYMENT Unless stated otherwise in the contract documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances, constructing and completing the item on which payment is made. The following items from the City of Austin Standard Specifications are modified as related to measurement and payment. 6.07.01 PIPE (Item 510) When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot, for the size and type of pipe specified, for all depths, complete in place. The bid price per linear foot shall include all clearing, excavation, laying of pipe, backfilling and clean up. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. Concrete blocking for supporting and reinforcing bends, concrete retards and thrust blocks shall be included in the cost for pipe. No separate payment will be made for welded joints, -or harnessed joints required for thrust restraint which are scheduled or indicated on the drawings. 6.07.02 FITTINGS (items 510 & 511) Cast iron and ductile iron fittings furnished in accordance with these Specifications will be paid for separately. Short body fittings are approved. Steel cylinder concrete pipe fittings will not be paid for separately. The Contractor shall include these in his bid for laying pipe. 6 -2 6.07.03 VALVES (Item 511) Gate and Butterfly valves will be paid for at the unit price bid per each, including valve stem casing and cover, excavation, setting and adjusting to proper finished grade, and anchoring in place. The valves included with other pay items will not be paid for separately. 6.07.04 AUTOMATIC AIR VACUUM RELEASE VALVE ASSEMBLY (Item 511) Installation of automatic air - vacuum release valve assemblies shall be paid for at the unit price bid per each and shall include threaded valve or corporation cock, pipe, fittings, tap, box, marker, trenching, installation, adjusting to proper finished grade, backfill and clean -up, complete in place. 6.07.05 FIRE HYDRANTS (Item 511) Fire hydrants will be paid for at the unit price bid per each and shall include (from the main line to the fire hydrant) all pipe, fittings, fire hydrant, barrel extension and adjustment to finished grade. 6.07.06 FIRE HYDRANT BARREL EXTENSIONS (Item 511) Barrel extension will not be measured or paid for, but will be included in the bid for fire hydrant. Barrel extensions will include rod extensions, bolts and all other required accessories necessary to adjust fire hydrant to finished grade. 6.07.07 WET CONNECTIONS (Items 510 & 511) Wet connections shall be paid for at the unit price bid per each, complete in place, according to the size of the main that is in service and shall be full compensation for the work except valves shall be paid for as a separate item, unless otherwise specified in the Bid Proposal. 6.07.08 WATER SERVICES (Item 510) Water services shall be paid for at the unit price bid per each, complete in place. Pipe material shall be polybutylene (Blue) (PB) plastic tubing meeting City of Austin Specifications. Service sizes shall be 1 -1/2" diameter. Payment for water service tubing shall include the furnishing of all materials and labor necessary for the installation of the service line including trenching, laying of the service line, backfilling, adjusting to finished grade and appurtenances, complete in place. 6 -3 6.07.09 ADJUSTING STRUCTURES (ITEM 504) Adjustment of valve boxes, meter boxes and fire hydrants to finished grade shall not be measured or paid separately. The cost of such adjustments will be considered subsidiary to the item for each structure (i.e. water service, valve, etc.) 6.07.10 EROSION 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 hydromulching for all disturbed areas and in accordance with 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 hydromulching 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, hydromulching 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. All areas exposed during construction shall be hydromulched with a seed mixture approved by the City of Round Rock Parks and Recreation Department. 6 -4 SOILS INVESTIGATION TECHNICAL PROVISIONS EXCAVATION, RESPONSIBILITY, TRENCH DESIGN, AND SHORING 1. General: 1.1 This section covers the contractors responsibility for protection and safety of personnel working in trenches or excavated areas. These specifications are developed to conform with the require- ments of all Occupational Safety and Health Administration (OSHA) Construction Standards and applies but is not limited to Subpart P, Part 1926 of the Code of Federal Regulations. All regulations and requirements set forth by County, City, State or Federal shall also govern and are included as a part of these specifications. 1.2 The geotechnical engineers boring logs are a part of this speci- fication and depict subsurface conditions along the utility right - of -way. The contractor shall review the logs and become intimately• familiar with the subsurface conditions and have his safety offi- cer and all on -site personnel become familiar with the type of soil, rock, and water conditions that may be anticipated. Where soil borings are made on 500 foot centers, variations between borings will occur. The contractor's safety officer and personnel are responsible for detecting these conditions and take appropri- ate action to provide additional safety measures from all hazard- ous trench conditions. If any question should arise as to the adequacy or safety of trench shoring or trench boxes or other protective employed measures, all work should stop immediately and the owner or owner's representative be notified. Under all circum- stances, the contractor has the full responsibility and liability to assure the safety and welfare of personnel working in trenches. 2. Applicability: 2.1 These specifications apply, except for noted conditions, to all utility trench excavations greater than 5 feet in depth as established from natural grade or from soil or rock cuttings placed closer than 4 feet from the trench sidewall. Noted conditions apply to but are not limited to where groundwater is encountered at depths of less than 5 feet, where fill is encountered, or other unstable soil conditions exists. Unstable soil conditions are those soils which experience displacement due to "quick" conditions or from dynamic or static loading. 3. Trench Safety Program: 3.1 These specifications set forth a minimum safety program directed in assuring safe working conditions in utility trenches. In no way should it be construed that this program relieves the contractor of his liability and responsibility for the safety of his person- nel while working in trenches. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.2 The contractor must designate in writing to the owner an on -the- job worker within his organization as a Safety Officer. The con- tractor assumes full responsibility in assuring his Safety Officer is thoroughly familiar with the soil or rock types, moisture con- ditions, groundwater, trench box construction and assembly, shor- ing, bracing, and any and all aspects of the methods used to make the trench safe. The Safety Officer shall make inspections of trenches prior to entry of workers into trenches, at the beginning of each day, and during the progress of advancement of the utili- ties and trench excavation. A daily log will be kept noting date, weather conditions, time of trench inspection, shoring or trench box condition, soil and rock conditions, moisture conditions, pulling of trench shields, and any and all conditions affecting trenches or workers. The safety log will be retained at the job site for review by the owner or the owner's representative and at the termination of the job, the safety log will be turned over to the owner as assurance of compliance with OSHA and State require- ments. All workers will be briefed by the Safety Officer of unsafe trench and sidewall conditions and the proper assembly of trench boxes and shoring and working in and around shoring members. A . safety meeting of all personnel will be held on a minimum of once each week at which time safety conditions and procedures will be reiterated. Any unusual conditions will be brought to the atten- tion of the owner or owner's representative at which time an evaluation will be made of the adequacy of the trench system. The contractor must make himself aware of any unsafe trench conditions and take all precautions to insure the safety of his workers. 3.3 An injury or death occurring or property damage as a result of the contractor's non - compliance with the trench excavation safety plan or from the owner's omission of unforseen safety requirements from the plan, shall remain the sole liability and responsibility of the contractor. 3.4 Conditions such as unusual soil or moisture changes which may " warrant modification of shoring or trench boxes or to the scope of . the contract, shall be brought immediately to the attention of the owner and all work in the immediate area shall stop until a posi- tive fix is worked out between the owner and contractor. Such action does not relieve the contractor of any liability or re- ' sponsibility for the safety of his workers. 4. Trench Wall Reinforcement: 4.1 Construction plans shall be followed to assure trench excavation limits are not exceeded. Sidewall sloping or benching as shown on attached drawings does not relieve the contractor of the responsi- bility of conforming with the plans and specifications. Where benching or sloping cannot be achieved, trench wall reinforcement or a combination of the two shall be achieved. Drawings or trench box recommendations do not relieve the contractor of his responsi- bility or liability of conforming with OSHA safety standards set forth in Subpart P, Part 1926 of the Code of Federal Regulations. 2 4.2 Trenches excavated in sand or clay soil or loose and fractured rock shall be reinforced to withstand soil pressures, sloughing, and caving. The reinforcement may consist of any suitable shoring, bracing, sheeting, piling, or trench boxes to withstand earth pressures as stated herein. Trenches deeper than 5 feet into the dark brown organic clays as depicted on the boring logs, shall be reinforced to comply with OSHA standards. 4.3 Trench widths greater than 6 feet and deeper than 5 feet shall be benched. The bench shall commence at each trench sidewall and shall extend horizontally a distance of 4 feet from the trench. 4.4 The contractor's trench reinforcement shall comply with the attached drawing or drawings. 4.5 The contractor shall have the option of designing his own trench reinforcement so long as the design conforms with OSHA and State requirements and is signed and sealed by a registered engineer in the State of Texas. The drawings must be submitted to the owner for approval with a statement certifying the trench reinforcement is designed to resist existing lateral earth pressures of up to 450 # /SF and unstable soil conditions and conforms with OSHA safety standards. 5. Trench and Shoring Inspection: 5.1 Contractor - Contractor shall be aware of trench conditions at all times. He shall familiarize himself with boring logs, boring log locations, and anticipated soil conditions. Should changes occur such as stratification of soils, color changes, rock or sand con- tent, water content or unstable soil conditions, workers shall be removed from the trenches and work in these areas must not proceed without consultation with owner or his representative. 5.2 Contractor's Safety Officer shall inspect trench and trench wall protection devices each morning prior to personnel entering the trenches. Sidewall layback, walls, and trench bottoms shall be checked for deformation, wetting conditions, fractures, shear planes, and possible sloughing. In areas where suspective unstable soils exist or in deep cut sections, the inspection will be on a continuous basis. 5.3 The contractor shall perform daily inspection of all protective shoring. It shall be his responsibility to see that all struts or wall bracing are properly fastened and secure and that all members are in good condition. Damaged or faulty bracing shall be replaced immediately. The contractor has the responsibility to see that trench reinforcement is not abused or misused and is used only for it's intended purpose. The practice of hanging pipe or other materials from struts or other members will not be tolerated. 5.4 Owner - The owner or his representative shall inspect the trench s t on a daily basis. Trench shoring and trench conditions will be discussed with the contractor's Safety Officer. The Safety Officer's daily log book will be reviewed on a daily basis. These daily inspections in no way relieves the contractor of his re- 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.5 Prior to commencement of work, the owner or owner's representative shall meet with the contractor and contractor's Safety Officer. Soil and rock conditions will be reviewed and the contractor's safety program and shoring procedures will be reviewed and approv- ed or disapproved. 6. General Trench Requirements: 4 6.1 The conditions set forth are requirements to be met by the con- tractor but in no way relieve the contractor of any liability or responsibility for a safe and complete job. 6.2 Prior To Any Excavation: 6.2.1 The contractor shall submit in writing his proposed safe- ty plan including the name of his Safety Officer and his proposed method of trench shoring. 6.2.2 Construction plans show the general location of under- ground utilities. It is the contractor's responsibility to verify exact location of all utilities by consulting with respective utility owners or by the use of proper sounding equipment. Damages resulting from the destruc- tion or interruption of utilities are the sole liability and responsibility of the contractor. 6.2.3 Limits of trench excavations are delineated on the construction drawings and it shall be the contractor's responsibility to accurately layout the limits and to notify the owner or his representative of any conflicts with the plans prior to construction. 6.3 During Excavation: 6.3.1 When existing utilities are uncovered during trench exca- vation, all such utilities will be properly protected to assure no interruption of services. As work advances, proper bedding, backfilling, and compaction around the utilities shall be accomplished by the contractor. 6.3.2 As previously stated in paragraph 3.2 of these specifi- cations, the contractor's Safety Officer shall perform continuous safety inspection of the trench and trench shoring devices. 6.3.3 Special attention shall be given to trenches following rainfall. The contractor and his Safety Officer shall carefully examine all aspects of the trench sidewalls and bottoms and if a suspective condition exists, work shall stop and the owner or his representative shall be noti- fied. A joint meeting shall be held to determine a safe approach to shoring of the trenches. 6.3.4 Particular attention shall be given to displacement of rock or soil cuttings. Where shoring is provided, all excavated material shall be placed no closer than five (5) feet from the trench opening and shall be stockpiled on a minimum slope of 1 horizontally to 1 vertically. Rounded rock or unstable excavated material which could slide or roll back in the trenches shall be removed from the site. - 6.3.5 The contractor shall be responsible for removing all excessive water from the trenches and shall provide adequate drainage at the trench opening to prevent the entry of surface water. 6.3.6 The contractor and contractor's Safety Officer shall assure the safety of workers during operation of heavy equipment near trench opening. Particular attention shall be given not to impose loading on the trench walls which may cause sloughing, caving or dislodging of soil or rock cuttings. Repetitive dynamic loading near the trench opening can cause unstable soil or rock conditions and may result in trench failure. The Safety Officer must make himself aware of these conditions and continuously inspect areas where repetitive loading is occurring. 6.3.7 The contractor is solely responsible to assure that all equipment (mobile and static) cannot roll or slide into a trench opening. Stop logs, barricades, grading, warning signs, lights, and other means shall be used to assure safe trench conditions. 6.3.8 Excavation shall not advance faster than 10 days of utility placement. Under unusual conditions, the owner may grant exceptions, however, the contractor shall be required at no extra cost to the owner to protect trench sidewalis from drying out or becoming over wetted. 6.3.9 Trench sidewalis must not be left unsupported longer than 48 hours. Where possible, shoring shall closely follow the excavation within a safe distance. 6.3.10 Trench and excavated support systems will be installed from the top to bottom. Struts shall be made horizontal and hard shimmed. 6.3.11 Trench protection equipment, material, and devices shall be kept in good serviceable conditions. Timber or mechanical devices which show defects shall be immedi- ately replaced. Special attention shall be given to damaged struts, loose shims, timber members containing checks, knots or stress cracks, and leaking hydraulic or pneumatic devices. 6.3.12 Trenches or excavated areas having depths greater than four (4) feet shall be equipped with ladders or steps spaced no further than twenty -five (25) feet of lateral travel. 5 6.3.13 The contractor has the sole liability and responsibl•ilty for complying with Federal, State, County, and City laws and regulations governing the physical protection of ex- cavated areas. Proper warning signs, protective barriers, lights, coverings, etc. shall be provided and maintained in good condition to safeguard the public and animals. 6.3.14 Where required by the owner, properly and safely designed walkways or bridges shall be provided to permit trench - crossing. 7. Special Considerations: 7.1 All previously filled areas where the new utility crosses shall be shored. " ' 7.2 All groundwater points must be sealed or controlled to assure no wetting of the sidewall or flooding of the trench occurs. 7.3 Where rock is encountered, vetical rock faces shall be shored. Slope rock faces shall be inspected by the contractor or his Safety Officer for loose joints, fractures, seams or failure planes. If such conditions are found, proper shoring shall be provided. 8. Definitions - Definitions contained herein are given by OSHA Safety and Health Regulations, Part 1926, Subpart P, Paragraph 1926.653. 8.1 "Braces" - The horizontal members of the shoring system whose ends bear against the uprights or stringers. 8.2 "Changed Conditions" - Where soil conditions such as moisture content, groundwater, development of desiccation cracks or joints, or soil stratigraphy change from those originally designated on the grading plans or following initial excavation. 8.3 "Dewatering System" - A mechanical system which artificiallly lowers the static groundwater to a level which prevents ground--- water seepage into the excavation. These include; well - points, sumps, pumping wells, or cut -off walls. 8.4 "Groundwater" - Water that is present in the soil in sufficient quantities that it will flow and collect at a point. This includes a natural aquifer water level or a perched groundwater on top of an impervious layer. 8.5 "Lagging" - Horizontal boards supported by the flanges of two H -piles and are used to separate the natural soil from the excavation. 8.6 "Rock" - A mass of soil particles that cannot be excavated by hand. This includes any weathered rock that contains soil seams. Shale is to be considered a rock material. rt 6 r 8.7 "Running Soil" - Soils that possess a fluid behavior generally brought about by excess moisture or imbalanced hydrostatic (water) conditions. 8.8 "Sheet Pile" - A pile or sheeting that may form one of a continu- ous interlocking line or a row of timber, concrete, or steel pile, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials. 8.9 "Sides" - Also referred to as "walls ", or "faces ". The vertical or inclined earth surfaces formed as a result of excavation work. 8.10 "Slope" - The angle with the horizontal at which a particular earth material will stand without movement. 8.11 "Stringers" - Also referred to as' "wales ". The horizontal members of a shoring system whose sides bear against the uprights or earth. 8.12 "Trench" - An excavation made below the surface of the ground whereby the depth is greater than the width, but the width is less than fifteen (15) feet. A trench may consist of the void between unsupported earth and the wall of a structure if the wall is within fifteen (15) feet of the unsupported earth. 8.13 "Trench Shield" - A shoring system composed of steel plates and bracing, welded or bolted together which support the walls of a trench from the ground level to the trench bottom, and which can be moved along the trench bottom as work progresses. 8.14 "Uprights" - The vertical members of a shoring system. * * * * * * * * * * *** *** ** 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Measurement and Payment: "Trench Excavation Protection" shall be measured and paid for on a per linear foot basis where the depth of trench exceeds 5 feet. This may include sloping of sides of excavations, closed- sheeting shoring or open- sheeting shoring or combination thereof, as reflected in the Article "Payment ". Payment for trench excavation protection, as prescribed above shall be made at the per linear foot price bid for "Trench Excavation Protection ". Payment shall include all components of the shoring system which can include, but not be limited to sheeting, sheet piling, cribbing, bracing, shoring, underpinning, dewatering or diversion of water to provide adequate drainage or sloping. Payment shall also include the additional excavation and backfill required, any jacking, jack removal, and removal of the trench supports after completion. Payment of all work prescribed under this item shall be full compensation for all excavation ' and backfill; for furnishing, placing and removing all shoring, sheeting, or bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment and incidentals necessary to complete the work. LABORATORY TEST PROJECT JOB NO DATE: COMPRESSION TEST OTHER TESTS Percent Ps�Sieve #410 iti NOKS3Y0103 MivYli LITERAL PRESSURE p l i TYPE FAILURE AMMO MO. 0(ITU 1M I'M' SAMPLE NO. TYPE OV MATERIAL MOISTURE CONTENT DRY DENSITY ►c ATtMMOEMS LAWS LL •L ►1 B -1 8.0 -- Tan silty clay 24.7 109 51 29 22 3.9 -- -- -- 66 B -2 9.0 -- Tan silty clay , 25.9 113 56 28 28 4.9 -- -- -- 54 B -3 6.0 -- Tan, silty clay 24.3 111 62 30 32 5.2 -- -- -- 61 . B -4 5.0 -- Tan clayey silt 24.8 115 31 17 14 2.9 -- -- -- 66 B -6 9.0 . - -. Tan clayey silt 22.7 108 29 16 13 5.2 -- -- -- 43 B -7 10.0 -- Tan silt 21.1 106 25 14 11 4.4 -- -- -- 47 B -8 8.0 -- Tan clayey silt 25.0 112 31 19 12 3.7 -- -- -- 59 8-10 8.0 -- Tan clayey silt 27.3 109 28 15 13 5.5 -- -- -- 55 Date: 8 February 1988 Project Location: City of SOIL DESCRIPTION FFFT SURFACE _ ;� silty clay w /rock — > ' --Becoming brown (stiff) `. — — Becoming tan (stiff) \ 10 Terminated at 10.0 feet Log of Boring For Palm Valley Park Waterline Improvements Pound Rock, Texas Boring No. B -1 SAMPLE TYPE S.T. N PER FOOT UNC.COMP. STRENGTH 7CF 3.9 MOISTURE Z 24.7 REMARKS: TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON 8.C. - ROCK CORE ( ) - PENETROMETER JACK H. HOLT Ph.D. & ASSOCIATES INC. r0 ®OX 3979 AUSTIN. TEXAS PH. 447.8166 Hole dry upon completion of drilling operation. F GROUND WATER OBSERVATIONS G.M. ENCOUNTERED AT FT. G.M. AFTER COMPLETHOON FT. G.W. AFTER Log of Boring For Palm Valley Park Waterline Improvements Date: a February 1988 Project Location: City of Round Rock, Texas PrrT SURFACE _ \ Black silty clay w /small rock _, --Becoming brown (stiff) 10 SOIL DESCRIPTION Tan clayey silt (stiff) Tan silty clay (stiff) Terminated at 10.0 feet TYPE OF SAMPLE REMARKS: Hole dry upon completion of D. - DISTURBED S.T. - SHELBY TUBE drilling operation. S.S. - SPLIT SPOON R.c. - ROCK CORE ( - PENETROMETER JACK H. HOLT Ph.D. & ASSOCIATES INC. PO BOX 3979 AUSTIN. TCXA9 FH• 467.8166 SAMPLE TYPE S.T. N'BLOWS PER FOOT Boring No. B -2 UNC . COMP STRENGTH TSF 4.9 MOI STORE 25.9 GROUND WATER OBSERVATIONS G.M. ENCOUNTERED AT G.M. AFTER COMPLETION G.M. AFTER HRS. FT. FT. FT. 1 Log of Boring For Palm Valley Park Waterline Improvements Date: 8 February 1988 Project Location: City of Round Rock, Texas Boring No. B -3 SOIL DESCRIPTION SURFACE Black silty clay w /small rock -- Becoming brown (stiff) __Becoming tan (stiff) to Terminated at 10.0 feet SAMPLE TYPE S.T. UNC.CDMP. STRENGTH TCF 5.2 N PER FOOT MOISTURE 24.3 TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON q . C. - ROCK CORE () - PENETROMETER JACK H. HOLT Ph.D. & ASSOCIATES INC. PO SOX 3979 AUSTIN. TEXAS 1H. A47.8166 REMARKS: Hole dry upon completion of drilling operation. GROUND WATER OBSERVATIONS G.M. ENCOUNTERED AT G.M. AFTER COMPLETION � G.W. AFTER HRS. ' FT. FT. FT. Date: 8 February 1988 Project Location: City of Round Rock, Texas SOIL DESCRIPTION SURFACE Black silty clay w /small rock Tan clayey silt w /small rock (stiff) Tan silt w /small rock (medium hard) Terminated at 11.0 feet TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON q - ROCK CORE ( •) - PENETROMETER REMARKS: Hole dry upon completion of drilling operation. GROUND MATER OBSERVATIONS G.M. ENCOUNTERED AT FT. G.M. AFTER COMPLETION FT. G.M. AFTER MRS. FT. JACK H. HOLT Ph.D. & ASSOCIATES INC. PO 910X 3979 AUSTIN. TEXAS PH. £47.8162 Log of Boring For. Palm Valley Park waterline Improvements SAMPLE TYPE S.T. N-BLOWS PER FOOT Boring No. B UNC.COMP. STRENGTH TCF 2.9 MOISTURE 24.8 Date: 8 February 1988 Project Location: City of Round Rock, Texas Black silty clay w /small rock SOIL DESCRIPTION SURFACE Tan clayey silt w /small rock (stiff) Tan silty clay (stiff) Terminated at 12.0 feet TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON q.[. - ROCK CORE ( ) - PENETROMETER REMARKS: Hole dry upon completion of drilling operation. GROUND WATER OBSERVATIONS G.M. ENCOUNTERED AT FT. G.M. AFTER COMPLETION FT. G.M. AFTER MRS. FT. JACK H. HOLT Ph.D. & ASSOCIATES INC. PO SOX 3979 AUSTIN. TEXAS II _ ON. A47.8166 Log of Boring For Palm Valley Park Waterline Improvements SAMPLE TYPE N PER FOOT Boring No. 13-5 UNC.COMP. STRENGTH TSF MOISTURE Log of Boring For Palm Valley Park Waterline improvements pate: 8 February 1988 Project Location: city of Round Rock, Texas Boring No. B - PT SOIL DESCRIPTION SURFACE 1 Black silty clay w /small rock ----Becoming brown (stiff) _ _ Becoming tan (stiff) Tan clayey silt w /fine gravel (stiff) Terminated at 11.0 feet SAMPLE TYPE S.T. UNC.COMP. STRENGTH T 5.2 N PER FOOT MOISTURE 22.7 TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON R.C. - ROCK CORE () - PENETROMETER REMARKS: Bole dry upon completion of drilling operation. GROUND WATER OBSERVATIONS G.M. ENCOUNTERED AT G.N. AFTER COMPLETION G.M. AFTER HRS. FT. FT. FT. JACK H. HOLT Ph.D. & ASSOCIATES INC. PO SOX 3979 AUSTIN. TCXAS H. • A47.8166 Log of Boring For Palm Valley Park Waterline Improvements Date: 8 February 1988 Project Location: City of Round Rock, Texas Boring No. B _7 FR I" • SOIL DESCRIPTION SURFACE Brown silty clay w /small rock Tan clayey silt w /fine gravel (stiff) Tan silt w /fine gravel (dense) Terminated at 13.0 feet SAMPLE TYPE S.T. UNC.COMP. STRENGTH YSF 4.4 N -BLOWS PER FOOT MOISTURE 21.1 TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON R.C. - ROCK CORE ( ) - PENETROMETER REMARKS: Hole dry upon completion of drilling operation. GROUND WATER OBSERVATIONS G.M. ENCOUNTERED AT FT. G.M. AFTER COMPLETION ' FT. G.N. AFTER HRS.; FT. JACK H. HOLT Ph.D. & ASSOCIATES INC. PO Box 3979 AUSTIN, TEXAS ON. 447.8166 Date: 8 February 1988 Project Location: City of Round Rock, Texas Boring No. 8 -8 FRFT TO \ Tan clayey silt w /fine gravel (stiff) • TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON R.C. - ROCK CORE ( I - PENETROMETER SOIL DESCRIPTION SURFACE Bro silty clay w /small rock Terminated at 10.0 feet JACK H. HOLT Ph.D. & ASSOCIATES INC. PO sox 3979 AUSTIN. TEXAS hN• 447.8166 Log of Boring For Palm Valley Park Waterline Improvements REMARKS: Hole dry upon completion of drilling operation. - SAMPLE TYPE S.T. N - OLCWS PER FOOT UNC.COMP. STRENGTH 7CF 3.7 MOIS ' 25.0 GROUND MATER OBSERVATIONS G.Y. ENCOUNTERED AT G.N. AFTER COMPLETION G.M. AFTER MRS. FT. FT. FT. Log of Boring For Palm Valley Park Waterline Improvements Date: 8 February 1988 Project Location: City of Round Rock, Texas Boring No. s -9 SOIL DESCRIPTION FT SURFACE _ Brown silty clay w /small rock Tan clayey silt (stiff) Tan clayey silt w /fine gravel (stiff) Terminated at 10.0 feet SAMPLE TYPE UNC.COMP. STRENGTH TSF N -BLOWS PER FOOT MOISTURE TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON 9.c. - ROCK CORE 1 ) - PENETROMETER REMARKS: Hole dry upon completion of drilling operation. GROUND WATER OBSERVATIONS G.W. ENCOUNTERED AT b G.N. AFTER COMPLETION G.M. AFTER FT. FT. FT. JACK H. HOLT Ph.D. & ASSOCIATES INC. PO sox 3979 AUSTIN. TEXAS �N• A47 -8166 Log of Boring For Palm Valley Park Waterline Improvements Date: 8 February 1988 Project Location: City of Round Rock, Texas SOIL DESCRIPTION SURFACE Black silty clay w /small rock _Becoming tan (stiff) Tan clayey silt w /fine gravel (medium hard) Terminated at 10.0 feet SAMPLE TYPE S.T. N-BLOWS PER FOOT Boring No. B -10 UNC.COMP. STRENGTH 7SF 5.5 MOISTURE 27.3 TYPE OF SAMPLE D. - DISTURBED S.T. - SHELBY TUBE S.S. - SPLIT SPOON q C. - ROCK CORE ( ) - PENETROMETER REMARKS: Hole dry upon completion of drilling operation. GROUND WATER OBSERVATIONS G.M. ENCOUNTERED AT G.M. AFTER COMPLETION G.M. AFTER FT. FT. FT. JACK H. HOLT Ph.D. & ASSOCIATES INC. PO FN. BOX 3979 AUSTIN. TEXAS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1