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R-88-1139 - 7/28/1988
1 1 1 1 1 1 1 1 1 1 OWNER: 1 1 THE CITY OF ROUND ROCK MCNEIL ROAD /I.H. 35 WATER LINE RELOCATION SPECIFICATIONS AND CONTRACT DOCUMENTS CITY OF ROUND ROCK 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, July 12, 1988 SPECIFICATION NO. MG Haynie im Gray'Irc' Ausnn,Ttxu HK &G Job No.: 103 -2142 Spec Version: 11/06/87 INDEX 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 - PERFORMANACE BOND 10 - PAYMENT BOND 11 - MAINTENANCE BOND 12 - CERTIFICATE OF INSURANCE 13 - GENERAL CONDITIONS 14 - SPECIAL CONDITIONS 15 - TECHNICAL SPECIFICATIONS NOTICE TO CONTRACTORS MCNEIL ROAD /I.H. 35 WATER LINE RELOCATION 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, July 12, 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 McNeil Road /I.H. 35 Water Line Relocation. Bids will be submitted in sealed envelopes for the project on the proposal furnished, and marked in the upper left hand corner "Bid for McNeil Rd. /I.H. 35 Water Line Relocation to be opened at 2:00 p.m., Tuesday, July 12, 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 Hallman & Gray, Inc., on receipt of twenty -five ($25.00) 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 thirty (30) calendar days after Notice to Proceed from the Engineer. Plans will be available from the office of the Engineer after June 29, 1988. Advertised in the Austin American Statesman: Sunday, June 26, 1988 Sunday, July 3, 1988 Sunday, July 10, 1988 Advertised in the Round Rock Leader: Please charge to: Monday, June 27, 1988 Monday, July 4, 1988 Monday, July 11, 1988 City of Round Rock 221 E. Main Street Round Rock, Texas 78664 (512) 255 -3612 Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _ 1 1 1 1 ADVERTISEMENT SUMMARY OWNER: The City of Round Rock LOCATION: Round Rock, Texas PROJECT TITLE & TYPE: McNeil Road /I.H. 35 Water Line Relocation BID BOND: 5% PERFORMANCE BOND: 100% PAYMENT BOND: 100% MAINTENANCE BOND: 100% PLANS AVAILABLE: June 29, 1988 BAYNIE KALLMAN & GRAY, INC. 12303 -J Technology Blvd. 'Austin, Texas 78727 Telephone: (512) 250 -8611 OPENING TIME: 2:00 p.m., July 12, 1988 OPENING PLACE: CITY OF ROUND ROCK City Council Chambers 221 E. Main Street Round Rock, Texas 78664 Telephone: (512) 255 -3612 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: THE CITY OF ROUND ROCK 221 E. Main Street Round Rock, Texas 78664 and shall be identified as follows: "Bid for McNeil Road /IH 35 Water Line Relocation to be opened at 2:00 p.m., Tuesday, July 12, 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 its rejection. The complete proposal forms shall be without addition, alterations or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and if filed with the Engineer. DISQUALIFICATION OF BIDDERS More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. RETURN OF PROPOSAL GUARANTEES Within twenty —five (25) days after bids are opened, the Owner will return the proposal guarantees accompanying each of the proposals as are not considered in making the award. All other proposal guarantees will be held until the Contract has been finally executed. Page 1 of 3 They will be returned to the respective bidders whose proposals they accompany within sixty (60) days after the contract execution. AWARD OF CONTRACT - RESERVATION OF RIGHTS Contract, if awarded, will be awarded to responsible bidder whose proposal complies with all the requirements prescribed. Award, if made, will be made within sixty (60) calendar days after the opening of the proposals. The Owner reserves the right to reject any or all bid proposals, to accept the lowest responsible bidder's proposal, and to waive any informality in any proposal. EXECUTION OF CONTRACT A bidder to whom award is made shall execute a written contract with the Owner on the form of Agreement provided. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be a just cause for the annulment of the award. If the successful bidder refuses or fails to execute the Contract, the Owner may award the Contract to 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 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 the Contract bidder has encountered; be furnished and Drawings shall examine carefully the site of the proposed work and Documents therefore. It will be understood that the investigated and is satisfied as to the conditions to be as to the character, quality and quantity of materials to and as to the requirements of the Contract, Specifications ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such information in writing to Engineer, a minimum of 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued twenty -four (24) hours before the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Engineer twenty -four (24) hours before the opening of bids. Page 3 of 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROPOSAL TO CITY OF ROUND ROCK FOR THE CONSTRUCTION OF MCNEIL ROAD /I.H. 35 WATER LINE RELOCATION 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 7 1 1 ACKNOWLEDGEMENT OF PAYMENT ITEMS 1 The undersigned acknowledges that the following bid items are the only items of payment under this contract and that his bid price under these items reflects the complete charges for furnishing all labor, material, I and equipment to complete the project as outlined in the Plans, Specifications, and the Contract Documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS 1 The undersigned warrants that he has examined the location of the proposed work, the plan drawings, specifications, and all other parts I ▪ of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. I CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the work in m i thirty (30) calendar days. ▪ OWNER'S RIGHTS RESERVED ▪ The undersigned understands and agrees that the Owner reserves the II 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 1 specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA 1 The undersigned acknowledges receipt of the following addenda; Addendum No. Dated 1 1 1 Page 2 of 7 1 1 1 1 1 1 CONTRACT: Water Line Improvements JOB NAME: McNeil Road /I.H. 35 12" Water Line Relocation Project 1 JOB LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas Gentlemen: 1 Pursuant to the foregoing Advertisement for Bids and Instruction to Bidders, the undersigned bidder hereby proposes to do all the work, to I furnish all necessary supervision, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work bid as provided by the attached supplemental specifications, and .as shown on I the plans for the construction of McNeil Road /I.H. 35 12" Water Line Relocation Project binds himself of acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to wit: 1 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1 1 470 L.F. 12" Water Line (All depths) complete in place per linear 1 foot 1 for Thirty Six Dollars and No Cents $ 36.00 $16,920.00 1 1 1 1 1 1 1 2 PROPOSAL BIDDING SHEET 92 L.F. 24" Sch. 40 Steel Casing for 12" Water Line, complete in place per linear foot for Ninety Five Dollars and No Cents $ 95.00 $ 8,740.00 Page 3 of 7 1 ' Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount I 3 97 L.F. 8" Water Line (all depths) 1 1 1 1 1 4 1 1 1 1 _i 1 1 1 1 6 complete in place per linear foot for Thirty and No 1 EA. 12" Gate Valve Assembly, complete in place per each for Nine Hundred Fifty Dollars and No Cents $ 950.00 $ 950.00 1 EA, 8" Gate Valve Assembly, complete in place per each for Five Hundred Fifty Dollars and No Cents $ 550.00 $ 550.00 1 EA. 12" Tapping Saddle and Valve Assembly, complete in place per each for Two Thousand Two Hundred Dollars and No Cents $2,200.0 4 2,200.00 1 EA. Wet Connectio,i, complete in place per each and No Cents $ 300.00 $ 300.00 for Three Hundred Dollars Page 4 of 7 Dollars Cents $ 30.00 $ 2,910.00 1 1 Bid Item 1 $ 1 1 -11- 1 Item Description Unit Ouantity Unit and Written Unit Price Price Amount 1 EA. 8" Wet Connection, complete in place per each for Three Hundred Dollars and No Cents $ 300.00 $ 300.00 1 L.S. Trench Safety System, complete in place per lump sum for Five Hundred Dollars and No Cents $ 500.00 $ 500.00 1 L.S. Traffic Control (includes labor & materials), complete in place per lump sum for One Thousand Two Hundred Dollars and No Cents $1,200.00 $ 1,200.00 1.5 TN. Ductile Iron Fittings with Thrust Blocking, complete in place per Ton for Two Thousand Two Hundred Dollars and No Cents $2,200.00 $ 3,300.00 323 L.F. Pavement Repair in open -cut, complete in place per linear foot for Twelve and No Page 5 of 7 Dollars • Cents $ 12.00 $ 3,876.00 1 ' Bid Item —13 1 1 14 1 1 1 1 1 1 1 1 1 1 1 1 1 Item Description Unit Ouantity Unit and Written Unit Price Price Amount 43 L.F. Rock Base Driveway Repair complete in place per linear foot for Eight Dollars" and No 1 L.S. Plug Existing 8 ",10 ", & 12" Water Lines including plugs, thrust blocks, and all appur- tenances, complete in place per lump sum for Six Hundred Dollars and No Cents $ 600.00 $ 600.00 TOTAL $42,690.00 Page 6 of 7 Cents $ 8.00 $ 344.00 1 1 SUBMISSION OF THE PROPOSAL ' In accordance with the Contract Documents, the above Proposal in the following amounts are hereby respectively submitted by: 1 1 1 PARKER & ROGERS CONSTRUCTION CO. Name of Contractor I W. RAY ROGERS Executed by (Name) 1 P.O. BOX 1136 255 -6722 ' Business Address Telephone Number I GEORGETOWN, _ TEXAS 78627 -1136 City State Zip 1 1 1 1 1 1 1 1 7/12/88 Date Page 7 of 7 VICE PRESIDENT Title or Position 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 (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner: (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in 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 1 I (10) Payment of taxes, in the State of Yes No I (11) List all jobs you performed in which a trench failure injury occurred: 1 1 1 1 1 (12) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and I references sufficiently comprehensive to permit an appraisal of his current financial conditions. 1 1 1 1 1 1 1 1 1 Page 2of2 1 •4�ul P rope ty& liability 1 1 !OW ALL: MEN BY THESE PRESENTS , that we 1 as Principal, hereinafter called the Principal, the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto 1 as Obligee, hereinafter called the Obligee, m the sum of Five (5%) Per Cent of Th Greatest Amount Bid Dollars 57- GAB ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, Ind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 1 EREAS, the Principal has submitted a bid for McNeil Road /I.H. 35 Water Line Relocation 1 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall entef into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in e bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for e prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not II good the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness) BID BOND Approved by The American Institute of Architects, A. I. A. Document A 310 Feb. 1970 Edition 12th ' day of July } IA) PRID Y ST. PAUL FIRE AND MARINE ;INSURANCE COMPANY • St. Paul, Minnesota A Capital Stock Company PARKER AND ROGERS CONSTRUCTION COMPANY AD198 City of Round Rock PARKER AND ROGERS CONSTRUCTION COMPAN(!Seal) (P a1) (Titl 5 St. Paul Firq' d Marine Insurance Company (Seal) (Surety) \ (Attorney -in {act) 1 .' its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognirances, contracts of ' indemnity and other writings obligatory in the nature thereof, which are or maybe allowed, required or permitted by law, statute, rule, regulation, contract or •i Otherwise, - NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION 1 1 1 1 ' 'ST. PAUL FIRE AND MARINE INSURANCE COMPANY • ceER IFICATE OF ' it, � ' : "' 385 Washington Street, St. Paul, Minnesota 55102 - ..AUTHORITY NO. , Tor verification oftheauthentidty of this Power of Attorney, you may telephooetoll free l- 804328- 2l89andask for ' the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the narrrd individr:!(s). +GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1245423 ' (Original on File at Home Office of Company. See Certification.) I IKNOW ALL'MEN BY THESEPRFSENTS: That S6 Pau* Fire and Marine Insurance Company, a corporation organized and existing under the laws of the I 'State of Minnesota,' having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: R. .T.Siddons, Jr., Steve.Siddons, Robert C. Siddons, Robert C. 'Fricke,•'iJeannie •'Jensen, William A.'Grote, •'' Philip C. Faletto,'Kae'Priddy, individually, Austin, Texas ($25,000,000) EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,- Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIREAND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C): •"llse President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority • " (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, ponds and undertakings, rccognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Anorneys•in-fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and . !' • • 1(3) To remove, at any time, any such Attorney -in -fact or Special Attorney - in - fact and revoke the authority given him." !Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt: 'Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached: vo I 1 ! i! . �RANC ,tar... ')(On this ' 3.Thh • : day of May 19 88 ,before me came the individual who executed the preceding instrument, tome • ( ;)personally known, tend, being by me duly sworn, said that he /s is the therein described and authorized officer of Si. Paul Fire and Marine Insurance I ?;;Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by " kirder of the Board of Directors of said Company. , %IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day • ',t•and year first abovewritten. ,., IN TESTIMONY WHEREOF St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its ,corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984. ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF SOTAJ ss . � • • County of Ramsey )) Vice President MARY C. CLANCY, Notary Public; Ramsey County, MN My Commission Expires November 1; 1990 fib I 1(i I, RTIFdCATION )1, the undersigned officer of fit. Pad Fire mad Marine Insurance Company, do hereby certify that l have compared the foregoing copy of the Power of Attorney i,(and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGNAIS ON FILE IN THE I f lHOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of I n ItMndrney has not been revoked and Is now in hill force and effect. 1.r' ,+ ., . , ,.. (*N TESTIMONY I WHEREOF, l have hereunto set my hand this ' "t 12th .d o f • July 19 88 / / •. Secretary 'Vastly a certified copy 'or Power of Attorney bearing the Certificate of Authority No. printed in red on the upper ri corner is binding. Photocopies, carbon `` (,copses or other reproductions of this document are invalid and not binding upon the Company. X) ANY INSTRUMENT ISSUED IN EXCE OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. ((( 2B650 Rev. 3-BB Primed in U.S.A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT HIS AGREEMENT, made and entered into this _ � day of __ ___, A.D., 1988, by and between The City of Round Rock of the Cou�1y .� Williamson, and the State of Texas, acting through Mayor Mike nson thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Parker & Rogers Construction Company of the City of Georgetown, County of Williamson, 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: McNeil Road /I.H. 35 Water Line Relocation 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 thirty (30) calendar days after the date of the written notice to proceed, subject to such extensions of time as are provided by the General and Special Conditions. Page 1 of 2 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK PARKER & ROGERS CONSTRUCTION CO. By: AZ za- _ ATTEST: ATTES:': (The folio ing t be executed if the Contractor is a Corporation.) I, &04.1.4e.. steer -S , certify that i am the Secretary of the Corpooatioif named as Contractor herein; that £Ulre // Dew , who signed this Contrac, on beh if of the Contractor was then pcs /Zen. (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 BY • _Q __�_�[ < �h CS(O PH (A). 4-7 to 1 1 1 1 1 1 CITY OF ROUND ROCK, ROUND ROCK, TEXAS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Insurance & &Lla�6ty PERFORMANCE BOND Approved by The American Institute of Architects A.I.A. Document No. A -311 Feb., 1970 Edition ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota\ A Capital Stock Company KNOW ALL MEN BY THESE PRESENTS: That PARKER AND ROGERS CONSTRUCTION COMPANY P.O. DRAWER 1136, GEORGETOWN, TEXAS 78627 -1136 (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Contractor, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of FORTY TWO THOUSAND SIX HUNDRED NINETY DOLLARS AND NO /100 Dollars($ 42,690.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for MCNEIL ROAD /IH 35 WATER LINE RELOCATION in accordance with drawings and specifications prepared by HAYNIE KALLMAN, & GRAY, INC. 12303 TECHNOLOGY, AUSTIN TEXAS 78727 (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of succession of defaults under the contract or contracts of completion time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of com- Whenever Contractor shall be, and declared by Owner to be in pietion less the balance of the contract price; but not exceeding, including default under the Contract, the Owner having performed Owner's other costs and damages for which the Surety may be liable hereunder, obligations thereunder, the Surety may promptly remedy the default, the amount set forth in the first paragraph hereof. The term "balance or shall promptly ` of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any 1) Complete the Contract in accordance with its terms and condi- amendments thereto, less the amount properly paid by Owner to Con - tions, or tracmr, 2) Obtain a bid or bids for completing the Contract in accordance Any suit under this bond must be instituted before the expiration with its terms and conditions, and upon determination by Surety of the of two (2) years from the date on which fatal payment under the con - lowest responsible bidder, or, if the Owner elects, upon determination tract falls due. by the Owner and the Surety jointly of the lowest responsible bidder, No right of action shall accrue on this bond to or for the use of arrange for a contract between such bidder and Owner, and make avail- any person or corporation other than the Owner named herein or the able as Work progresses (even though there should be a default or a heirs, executors, administrators or successors of Owner. Signed and sealed this ' 1175a a.v. 2.70 Printed In U.S.A. I (WItness) 15TH day of AUGUST A. D. 198 PARKER AND ROGERS CONSTRUCTION { COMPANY (Seal) In the presence of: l (Witness) - 4 i� .. .. S (Title) /t7L lS /4427 St. Pbul Fire Marine Insurance Company (Seal) (Surety) By KAE PIAIDDY (Attorney- In ylact) Printed with permission o/ the American Institute of Architects ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 Washington Street, St. Paul, Minnesota 55102 For venfication of the authenticity of this Power of Attorney, you may telephone toll free 1- 800-328 -2189 and ask for the Power of Attorney Clerk. Please refer to the Certificate of Authority No and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1245464 (Onginal on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS. That St. Pao[ Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St Paul, Minnesota, does hereby constitute and appomt• R. F. Siddons, Jr., Steve Siddons, Robert C. Siddons, Robert C. Fricke, Jeannie Jensen, William A. Grote, Philip C. Faletto, Kae Priddy, individually, Austin, Texas AStiiiuI its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,- Section 6(C), of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C). "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall hase power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other wntings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section and /or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney-in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached " NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH 29550 Rev. 3 -88 Printed in U S A IN TESTIMONY WHEREOF, St, Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, A D 1984 ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF MINNESOTA) ss County of Ramsey f CERTIFICATE OF AUTHORITY, NO. C. e1a4 Vice President On this 17th day of May , 19 8 8 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he /she rs the therein described and authorized officer of St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company, that the said Corporate Sea] and his /her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, l have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. MARY C. CLANCY, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney. with the ORIGNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now rn full force and effect IN TESTIMONY WHEREOF, 1 hay hereunto set my hand this r_41 day of - a , 19 f Secretary Only a certified copy of Power of Attorney bearing the Certificate of uthorrty No printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are Invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 1 ISI1bui I Rnpetry &Liabthty 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, Telephone service or rental of equipment directly applicable to the Contract 2 The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such su m sums as may be justly due claimant, and have execution thereon The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the Signed and sealed this - - -- - 15TH In the presence of 11761 Rev a -)o Printed in p a A LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A I A. Document No A -311 Feb , 1970 Edition "1 he bond is Issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That PARKER AND ROGERS CONSTRUCTION COMPANY P.O. DRAWER 1136 - GEORGETOWN, TEXAS 78627 -1136 (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ROUND ROCK ROUND ROCK, TEXAS (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ' FORTY TWO THOUSAND SIX HUNDRED NINETY DOLLARS & NO/ 11ars($ 42,690.00 (Here insert a sum equal to at least one -half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated - - - - -- -- . -- -- .19 - - -- , entered into a contract with Owner for MCNEIL ROAD /IH 3.5 - WATER -- It1Nh__RE t QCAT.I ON in accordance with drawings and specifications prepared by.HAYNIE,... KALLMAN, . &- GRAY,. -- INC. 12. 3. 0. 3... TE. CHNOI ,-O.GY.,....AUSTIN.,...TEXAS--- 7 -8 7 2 7 . - -- ------ -- - --- - (Here Insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION n such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then This obltgation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions (Witness) work or labor was done or performed. Such notice shall be served by mailing the same by registered mad or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid protect is located, save that such service need not be made by a pub', officer. bl After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the pro- ject, or any part thereof, is situated, or n the United States District Court for the district in which the project, or any part thereof, is situ- ated, and not elsewhere 4 The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvement, whether or claim for the amount of such lien be presentedundernd against this bond - day of - - - - - AUGUST ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota A Capital Stock Company PARKER AND ROGERS CONSTRUCTION COMPANY (Seal) - - - A. D. 19 8 8 (Pr,ncipaly1 7 ( it e) nd Marine Insurance Company (Seal) (Surety) Hy( /, J,1{: - - - KAE P IDDY 'Attorney -1d - Printed with permission of the American Institute of Architects A . Rwers aisdiq GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS. That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St Paul, Minnesota, does hereby constitute and appoint: R. F. Siddons, Jr., Steve Siddons, Robert C. Siddons, Robert C. Fricke, Jeannie Jensen, William A. Grote, Philip C. Faletto, Kae Priddy, individually, Austin, Texas its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory to the nature thereof, which are or may be allowed, required or permitted by law, statute, rule. regulation, contract or otherwise, and the execution of all such mstrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its pnncipal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C). of the By -Laws adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January. 1970, of which the following is a true transcript of said Section 6(C) "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authonty (I) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys-in -fact, who are hereby authorized to certify to copies of any power -of- attorney Issued in pursuance of this section and /or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it Is attached." F RE m4 ua l r a Ui On this 1 7th day of M ay , 19 8 8 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he /she Is the therein described and authorized officer of SL Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his /her signature were duly affixed by order of the Board of Directors of said Company IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day and year first above written. ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 Washington Street, St. Paul, Minnesota 55102 For venftcatton of the authenucrty atlas Power of Attorney, you may telephone toll free 1- 800-328 -2189 and ask for the Power of Attorney Clerk Please refer to the Certificate of Authority No, and the named mdrvtduat(s) NOT TO EXCEED IN PENALTY THE SUM OF TWENTY FIVE MILLION ($25,000,000) EACH 29550 Rev 3 -88 Printed in U S.A IN TESTIMONY WHEREOF St. Paul Fire and Marine Insurance Company has caused this Instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, A.D. 1984 ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF MINNESOTA} ss County of Ramsey CERTIFICATION 1, the undersigned officer of St. Pant Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now In full force and effect. IN TESTIMONY WHEREOF, 1 h day of e hereunto set my hand this t J3 1 19 CERTIFICATE OF AUTHORITY NO. 1245457 C elm Vice President MARY C CLANCY, Notary Public, Ramsey County, MN My Commission Expires November 1, 1990 Secretary Only a certified copy of Power of Attorney bearing the Certificate orAuthority No printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM�ODNYI POLICR EXPIRATION DATE (MOONY, ALL LIMITS IN THOUSANDS A GENERAL X X X LIABILITY COMMERCIAL GENERAL LIABILITY (CLAIMS MADE X OCCURRENCE OWNER s e CONTRACTORS PROTECTIVE EPA 00757832 4 -1 -88 4 -1 -89 GENERAL AGGREGATE $ 1,000 PRODUCTS CDMPDPS AGGREGATE $ 1,000 PERSONA- & ADVERTISING INJUR, $ 1,000 $ 1,000 $ 50 EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE( MEDICAL E✓PE',SE IAN D'. PEASY. $ 5 A AUTOMOBILE x x X x___ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY MAB 8334 0051 4 -1 -88 4-1 -89 Cs, $ 1,000 BO JF PEP PERSON ($ BOO LV �p ACGIDE, $ PROPERTY DAMAGE $ A EXCESS X LIABILITY OTHER THAN UMBRELLA FORM UB 8793 0871 4 -1 -88 4 -1 -89 EACH OGUIRRENLE $ 2,000 AGGREGATE $ 2,000 $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC 1023 4 -1 -88 4 -1 -89 STATUTORY I t $ 500 EACH ACCIDEN $ 500 .D'S EA`E ``L c` .' " -- $ 500 IT °ASE E EMPLUUEE1 OTHER COVERAGES CERTIFICATE OF INSURANCE SSUE DATE(MM/DDY' 8 -10 -88 PRODUCER Frank Siddons Insurance PO Box 2125 INSURED Parker & Rogers Constr. Company PO Drawer 1136 Georgetown, Texas 78627 -1136 THIS NO RIGHTS UPON THE CERTIFICATE MATTER OF THIS FCERTIIFICC CONFERS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY `. LETTER COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE Austin, Texas 78768 L EOMERNY A American General Insurance Companies COMPANY Texas Builders Insurance Company LETTER B THIS I5 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 15 SUBJECT TO ALL THEIERKS EX I C & 9&Q C TIONS OF SUCH POLICIES. ImiTS CERTIFICATE HOLDER City of Round Rock 214 Main Street Round Rock, Texas 78664 ACORD 25-S (11/95) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE • © .:,VACORD CORPORATION 1955 DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS RE: McNeil Road & IH 35 Water Lines City of Round Rock is added as Additional Insured to EPA 00757832 & MAB 8334 0051 1. DEFINITIONS GENERAL CONDITIONS OF TUE 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 (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 16 6.01 Contractor's Idemnity Provision 16 6.02 Workmen's Compensation Insurance 16 6.03 Comprehensive General Liability Insurance 16 6.04 Owner's Protective Insurance 17 6.05 Comprehensive Automobile Liability Insurance 17 6.06 Insurance Certificate 17 7. TERMINATION OF CONTRACT 17 7.01 Right of Owner to Terminate 17 7.02 Right of Contractor to Terminate 18 7.03 Removal of Equipment 18 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18 8.01 Notification of Contractor 18 8.02 Retention of Contractor's Equipment 18 and Materials by Owner 8.03 Methods of Completing the Work 19 8.04 Final Acceptance 19 8.05 Disposition of Contractor's Equipment 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 GENERAE__QQNDITIONS OF THE AGREEMENT_ 1. DEFINITIONS 1.01 Qalendar Day. A calendar day shall be the 24 -hour period from one midnight to the next consecutive midnight. Saturdays, Sundays and Legal holidays are considered calendar days and shall be used in determining contract time. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; _Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance, Payment, and Maintenance Bonds; the General Conditions of the Agreement; the Special Conditions of the Agreement; the Technical Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of the interpretation shall be in the following order: Signed Agreement, Performance, Payment, and Maintenance Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Instructions to Bidders, Technical Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Engineer. "Engineer" shall mean HAYNIE RALLMAN & GRAY, INC., or such other Engineer, supervisor, or project representative who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 ExaWork. 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 Qgner. "Owner shall mean The City of Round Rock named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. -1- 1.07 Plans. "Plans" shall mean and include (a) all drawings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engineer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted by the Contractor to the Owner when and as approved by the Engineer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepared by the Owner as a basis for proposals, (b) all supplementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 gabcontractQ.. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 kbstantially Comagted. The term "substantially completed" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Working Dgy. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under control of the Contractor, will permit construction of the principal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.13 Written _Notice. "Written Notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. -2- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 icht_Qf EngineeL_to Modffy_MethQds 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. -3 - If they increase the amount of work and the increased work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this Contract; otherwise such work shall be paid for as provided under Section 2.12 "Extra Work'. In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natura} Cauges. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 2.06 yaws and Ordinances_. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall idemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 yicenses. Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. -4- 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release of idemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Kaa2ing of_ElLing_and Specifications _]ac_gssiblg. 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 Discrgpan its 4nd Qmissions. 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 =tractor's UndeLatanding. 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- No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid by the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" ., of the work plus 15%. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expenses; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. -6- 2.14 Assignment and_,_,SuUUgtting_ 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 Subcontlactors 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 hiv. 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 Statis Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Complgtgd PoLtions 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 gf_Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the Engineer. -7 - 2.20 "Q Egual" 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 Comagted Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 2.22 Materials Furnj"hed by he 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 Prop €LtY• The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on Plans or not. 2.24 Shelter." for. LVQLk - men 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- 2.25 $anitary FiMilitita• 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 OBLIGATIQNS AND RESPONSIBILITIES 3.01 Laator• Eggipmgnt materials ___and CQnstrg Punt. The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance. Payment and Maintenance Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance, 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 FlIr 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 Conttactor'a Ability tQ Perfopg� 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 ,Saperjatendence 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 QLEmplQyees. 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 t Lector's Duty to PLQtect Persons 4n4 PrQQerty. 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- 3.07 Safet _CQdes. The Contractor shall comply with all applicable provisions of any Federal, State, County, and Municipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. 3.08 Barricades Tra fic CQntrol_gigns. 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 MQteliais. 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 po CQntractQI's ObiigatiQns. 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 , material furnished was not as represented and does no 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 aitg 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 RESPOIT$IBILITIES 4.01 lines and_CQades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation thereof. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees such stakes, marks, etc. shall be replaced as directed by the Engineer at the Contractor's expense. 4.02 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 the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 OwneI's Re2fgsentatyes. 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 Adequacv__Qf_ 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. SCHEDUT.ING AND PROQ ESS OF WORK 5.01 Order and Prosecution QL.the Wofk. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence and in such manner as shall be most conductive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 gate of PEQgress. 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 HQlld and _Eight 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- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.04 Uindiances end 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, equ�pcnt, and personnel to properly resume and continually prosecute the work. 5.05 pxtmrasions 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 e 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. DEMNITY 6.01 Contractor's Idgjnity Proyision. 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 Insuiancg. 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 Compgtigasive Qaftekal,T.iabiiity InguLance. 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 Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 QwaeL's Protective Insuance. 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 Insgrance. 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. TERMINAT1QN QF CONTRACT 7.01 Right_of Oyiner 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 cf Contractot_tQ 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 Removatof Eggioment. 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 _QONTRACTQR 8.01 tiQtification of CottIactQL. 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 CQntfa tor's Egg_ipment and Materials ty 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- credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 8.03 Methods of Campleting_thg_Work. If the Surety .should fail to commence compliance with the notice for completion herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contractor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the. Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after fourteen (14) days notice published two (2) or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 Final Acceptancg. When the work has been completed and accepted by the Owner, the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract -19- accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. 8.05 pisposition of CQntpagtgr's Eggjment. 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 MgasQEements. 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 jmated .ts „Actt al Quantities. Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work._ It is understood and agreed that the actual amounts of work done and -20- materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as twenty -five (25%) percent more or twenty -five (25%) percent less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below twenty -five (25%) percent of the estimated quantity prior to initiating work or furnishing materials for the overrun or underrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirement of the Engineer. 9.04 Monthly Estimates and Pammgnts. 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 CQtnplgt'on. 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 E)Qtariyed 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 geleaae_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 QbligQJiQn. 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 Withhgld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payment properly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. -23- SPECIAL CONDITIONS 1 1 1 1 1 1 1- 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01 - INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to HAYNIE KALLMAN & GRAY, INC., 12303 -J Technology Blvd., Austin, Texas 78727. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from Engineer at commercial reproduction rates plus 20% for handling. 01 - QCVERNING CQDES 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 - J,IOUIDATED DAMAGES FOR FAILURE TO COMPLETE QN) TIME Refer to the General Conditions of Agreement, Section 5.06, Page 15 for description. 01 - 05 TIME OF CQMPLfTION The work shall be completed within the number of calendar days stated in the Proposal. The time shall begin from the date of the Agreement, or from the date of the Notice to Proceed, which ever is latest. 01 -06 OWNER The Owner shall be the party or parties named in the Notice to Contractor. 01 - 07 LQCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. S -1 01 -08 USAGE OF WATER Contractor shall pay all costs of water used. Water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. 01 -09 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 9.04 of the General Conditions, then the pay estimate will not be processed and will be returned to the Contractor. SECTION 02 - SPECIAL CONSIDERATIQNS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two horizontal distances measured from existing, easily identifiable, immovable appurtenance such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available, costs for developing as -built drawings shall be subsidiary to other bid items. 02 -03 LANDS FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, rights -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. S -2 02 -04 UTILITY SERVICEE_FQR CONSTRUCTION The Contractor will be responsible for providing his cwn utility services during construction. No additional payment will be made for this item. 02 -05 GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -06 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 $ESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. S -3 Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -09 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -10 LIMITS OF WORK AND PAYMENT It shall be the obligation of the contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the the limits of work shall be left up to the interpretation of the Engineer. 02 -11 PAYMENT FOR MATERIALS ON HAND Owner shall pay for 90% of amount of materials on hand in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -12 CONSTRUCTION STAKING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. 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. The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, the Engineer's certification that ALL property pins are in place prior to his moving off the job site. S -4 I 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. 1 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 I by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 in the General Conditions entitled I "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 1 $100,000 aggregate A $500,000 umbrella coverage shall also be required. I Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, 1 including accidental death, as well as claims for property damage. 1 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 I Damage to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amount of liability. 1 1 1 S -5 Worker's Compensation and Emplover'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. SECTION 04 - COORDINATION WITH OTHER CONTRACTORS 04 -01 WATERLINE INSTALLATION During the course of construction the contractor shall coordinate his activities so as not to interfere with construction on the I.H. 35 improvements. Should situations arise that interfere with the execution of this contract and cannot be resolved immediately notify the engineer, in writing, explaining the entire situation. The Engineer shall then, in conjunction with the Owner, make arrangements with both Contractors to resolve the situation. 04 -02 UTILITY APPURTENANCES ADJUSTMENTS The Utility Contractor shal, as his own expense, raise the gate valve boxes to the finished paved street grade. In unpaved areas, gate valve boxes shall be raised by the Contractor, at his own expense, to two (2) inches above natural ground. S -6 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of 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 QQVERNING TECHNICAL SPECIFICATIONS N]QTE: The item number designation shown in parenthesis adjacent to captions is a reference to City of Austin Standard Specifications for methods of construction, measurement and pyament except as modified herein. 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. 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 BACKWONK 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 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 STARES, MARRS, 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 -1 3.04 CUT SHEETS - CITY QE AUSTII&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 - 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 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 P °'?PEATY 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 USEQ PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. 4 -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 No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. 5 -1 ITEM 6 6.01 WATER DISTRIBUTION IMPROVEMENTS 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 MEASLEMENT 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 FITTING$ (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 YLVES (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 EIRE 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 NET CO7NBCTIONS (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 NDJUSTING 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 MPASURES (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. 6 -4 RESOLUTION NO. M //1... WHEREAS, the City of Round Rock has duly advertised for bids to lay a waterline under IH - 35, and WHEREAS, Parker and Rogers Construction submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Parker and Rogers Construction and to authorize the above - described improvements, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Parker and Rogers Construction is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Parker and Rogers Construction to lay a waterline beneath IH -35 in Round Rock, Texas. RESOLVED THIS , & day of July, 1988. ATTEST: 1 1'A _// 1 16A0 JOANNE LAND, City Secretary C28RESWATER Abe 47„ MIKE ROBINSON, Mayor City of Round Rock, Texas July 25, 1988 Mr. James R Nuse, P.E. Director of Public Works City of Round Rock 300 S. Blair Street Round Rock, Texas 78664 Dear Jim: Sincerely, HAYNIE KALLMAN & GRAY, INC. A. William Waeltz Project Manager AWW /lm enclosure Haynie Kallman&Gray, Inc. Consulting Engineers RE: I.H. 35 /McNeil Road Waterline Engineer's Letter of Recommendation RECEIVED' JUL 2 5 198$ Bids were opened at 2:00 p.m., Tuesday, July 12, 1988, for construction of the I.H. 35 /McNeil Road Waterline Improvements. A total of six (6) bids were received, the lowest bidder being Parker & Rogers Construction Company, of Georgetown, Texas in the amount of $42,690.00. A complete bid tabulation is enclosed for your review. Parker & Rogers has completed many street, drainage, water and wastewater projects in the area for the City of Round Rock, Williamson County and several other entities. Based on this past experience record and submission of the lowest and best bid, we recommend award of this contract to Parker & Rogers Construction Company in the bid amount of $42,690.00. If you should have any questions or comments, please feel free to call. cc: Steven D. Kaltman, P.E., R.P.S.; Haynie Kallman & Gray, Inc. James Domel; Haynie Kallman & Gray Inc. 12303 Technology Blvd ,Sone] Austin, Texas 78727 (512) 250-8611 *103 - 2142 GwlEngmeenng Consultants MumctpalEngmeenng landPlanntng Surveying PROJECT: McNE1L ROAD11.11. 35 WATER LINE RELOCATION - OWNER: CITY OF ROUND ROCK JOB NUMBER: 103-2142 FILE: 9:MCNR11135 BID DATE: JULY 12, 1908 KA 2:D0 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM NO. TOTAL BID DESCRIPTION RECEIVED JUL 2 5 19811 page 1 Haynie Kallman &Gray,Inc. Consulting Engineers PARKER & ROGERS CONS. ROBERT HURST CO. HAEGEL1N CONSTRUCTION LC, EVANS CONSTRUCTION UNIT UNIT UNIT UNIT UNIT OMAN. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 . 12" Water Line (all depths) L.F. 470 $36.00 816,920.00 $38.00 $17,860.00 $42.30 $19,001.00 $43.85 $20,609.50 2 . 24° Sch.40 Steel Casing L.F. 92 $75.00 $0,710.00 $60.00 $5,520.00 $110.00 $10,120,00 $74.70 $6,872.40 3 . 8" Neter Line fall depths) L.F. 97 $30.00 $2,910.00 $25.00 $2,125.00 $26.00 $2,522.00 $42.00 $4,074.00 4 . 12' Gate Valve Assembly EA. 1 $950.00 $950.00 $760.00 $760.00 $850.00 $850,00 61,120.00 $1,120.00 5 . 8' Gate Valve Assembly EA. 1 $550.00 $550.00 $420.00 6420.00 $550.00 $550.00 $600.00 $600.00 6 . 12' Tapping Saddle & Valve Asmb. EA. 1 $2,200.00 $2,200,00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 62,050.00 $2,850.00 7 . 12" Net Connection EA. 1.0 $300.00 $300.00 61,500.00 $1,500.00 $2,000.00 $2,000.00 $725.00 $725.00 El , 8° Net Connection EA. 1 6300.00 $300.00 $1,000.00 $1,000.00 $1,000.00 $1,000,00 $600.00 $600.00 9 . Trench Safety System L.S. 1 $500.00 $500.00 $600.00 $600.00 $500.00 $500.00 $1,210.00 $1,210.00 10 . Traffic Control L.S. 1 $1,200.00 $1,200.00 $800.00 $000.00 $650.00 $650.00 $1,820.00 01,820.00 11 . 0.1. Fittings/Thrust Blocks TN. 1.5 $2,200.00 $3,300,00 $2,300,00 $3,450.00 $2,300.00 $3,150.00 $3,150.00 $4,725.00 12 . Pavement Repair in Open-cut L,F. 323 $12.00 $3,876.00 $15.00 $4,845.00 $10.00 $3,230.00 $12.00 63,076.00 13 . Rock Base Driveway Repair L.F. 43 $8.00 $344.00 $3.00 $129.00 $10.00 $430.00 $12.00 $516.00 14 . Plug Exist. 8,10 & 12' 11.L.s L,S, 1 $600.00 $600.00 $500.00 $500.00 53,500.00 $3,500.00 51,815.00 $1,815.00 $42,690.00 $42,809.00 $51,183.00 651,412.90 PROJECT: McNEIL 8888/I.0. 35 WATER LINE RELOCATION OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 -2142 FILE: 9:MCNRIH35 BID DATE: JULY 12, 1988 K0 2:00 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM N0. DESCRIPTION TRIPLE -V CONSTRUCTION AUSTIN ENGINEERING UNIT UN1T UNIT DUAN. PRICE AMOUNT PRICE AMOUNT 1 . 12' Water Line fall depths) L.F. 470 $67.00 031,490,00 $62.00 $29,140.00 2 . 24' Sch.40 Steel Casing L.F. 92 $50.00 $4,600.00 $70.00 $6,440.00 3 . 8' Water Line fall depths) L.F. 97 $52.00 $5,044.00 $24.00 02,328.00 4 . 12° Bate Valve Asseohly EA. 1 $950.00 $950.00 $980.00 $980.00 5 . B° Gate Valve Assembly EA. 1 $550.00 $550.00 $530.00 $530.00 6 . 12" Tapping Saddle & Valve Aso!). EA. 1 $2,200.00 $2,200.00 $2,600.00 $2,600.00 7 . 12' Net Connection EA. 1.0 $650.00 $650.00 $400.00 $400.00 8 . 8" Wet Connection EA. 1 $500.00 $500.00 $300.00 0300.00 9 . Trench Safety System L.S. 1 $200.00 $200.00 $3,000.00 83,000.00 10 . Traffic Control L.S. 1 $1,000.00 $1,000.00 $1,800.00 $1,800.00 11 . 0.1. Fittings /Thrust Blocks TN. 1.5 $1,000.00 $2,700.00 $3,000.00 $4,500.00 12 . Pavement Repair in Open -cut L.F. 323 $14.00 $4,522.00 $10.00 $3,230.00 13 . Rack Base Driveway Repair L.F. 43 $5.00 8215.00 $4.00 $172.00 14 . Plug Exist. 8,10 & 12' N.L.s L.S. 1 $1,200.00 $1,200.00 $800.00 $800.00 TOTAL BID $55,821.00 $56,220.00 page 2 DATE: July 26, 1988 SUBJECT: Council Agenda, July 28, 1988 ITEM: 11C. Consider a resolution authorizing the Mayor to enter into a contract for a water line under IH 35. STAFF RESOURCE PERSON: Jim Nuse/ Al Wille STAFF RECOMMENDATION: Bids were received July 12, 1988 for the con- struction of the IH35 /McNeil Road waterline relocation project. Six bids were submitted with the low bidder being Parker & Rogers Construction Co., Inc.. This construction is necessary to replace two existing waterlines that are in conflict with the IH35 construction at McNeil Road. Staff recommends award of the contract to Parker and Rogers at their low bid of $42,690.00. ECONOMIC IMPACT: $42,690.00 out of the Water System Improvements Bond Funds System Rehabilitation Account.