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R-88-1201 - 12/8/1988
WHEREAS, the City of Round Rock has duly advertised for bids to construct certain drainage improvements for the Flats Drainage project, and WHEREAS, Bay Maintenance has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Bay Maintenance 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 Bay Maintenance 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 Bay Maintenance to construct certain drainage improvements for the Flats Drainage project, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this J day of December, 1988. ATTEST: 4114 JI AL NE LAND, City Secretary C33RESFLATD RESOLUTION NO. 477fiii MIKE ROBINSON, Mayor City of Round Rock, Texas December 2, 1988 Mr. James R. Nuse, P.E. Director of Public Works City of Round Rock 300 S. Blair Street Round Rock, Texas 78664 Haynie Kaman &Gray, Inc. Consulting Enginzers RE: The "Flat" Drainage Improvements Engineer's Letter of Recommendation Dear Jim: Bids were opened at 10:00 A.M., Thursday, December 1, 1988, for construction of the "Flat" Drainage Improvements. A total of five (5) bids were received, the lowest bidder being Bay Maintenance Company, Inc. of Marble Falls, Texas in the amount of $90,558.00. A complete bid tabulation is enclosed for your review. Bay Maintenance has completed many street and utility 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 Bay Maintenance Company, Inc. in the bid amount of $90,558.00. If you should have any questions or comments, please feel free to call. Sincerely, HAY T KALLMAN & GRAY, INC. 4Le A. William Waeltz Project Manager AWW /ir enclosure cc: Steven D. Kallman, P.E., R.P.S.; Haynie Kallman & Gray, Inc. James Domel: Haynie Kaltman & Gray, Inc. 12303 Technology Blvd., Suite J Austin, Teas 78727 (512) 250 -8611 Civil Engineering Consultants Municipal Engineering Land Planning Surveying 12/12/88 PROJECT: TIE 'FLIT' DRAINNIE DIVINEIENOS OIRER: CITY OF ROUND ROD( JOB WOMBER: 113-2194 -27 FILE NO: 10:FL0TARS BID DATE: DEMMER 1,1988 8 11:88 R.M. PROJECT LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEX HAYNIE 81YJ.1111 0 BRAY, INC. Page 2 COFFEE EUU1P)ENT, INC. CAPITAL EXCAVATION C0. ITEM UNIT UNIT 111. DESCRIPTION UNIT [811. PRICE AMOUNT PRICE MONT 1 . 6' Wide Carrete Valley Sutter EA. 11 1888.88 18,81.80 11,688.81 118,488.88 2 . Concrete Valley Curb L.F. 675 $6.28 $4,185.80 18.20 $5,535.10 3 . 18' 1CP LF. 88 124.88 11,92118 124.18 11,928.10 4 . 18' Bituminous Coated C98 LF. 48 121.80 1840.80 125.88 11,088.80 5 . 24' RCP (Incl. backfill 1 comp.) LF. 380 $26.10 17,888.08 129.81 18,718.08 6 . 30' CP (incl. backfill 1 comp.) LF. 120 134.81 14,080.88 138.88 14,568.00 7 . Remove 1 Restore Driveway & Culv.LF. 99 12180 11,988.88 121.75 12,153.25 8 . Field Inlet EA, 3 12,500.81 17,580.80 12,498.88 17,47110 9 . 5' Diameter Storm Sewer Manhole B.Y. 1 15,258.01 15,250.88 12,258. $2,250.11 18 . Remove /Replace Pvmt. w /18' base EA. 1,877 $18.18 $33,786.08 116.35 138,688.96 11 . Concrete Rip-Rap Headwalls EA. 33 1488..88 115,840.88 11,645.80 154,285.88 12 . Clean Existing Culvert (8' -18') ER. 24 1118.11 12,640.88 $208.88 14,888.88 13 . Clean Existing Culvert (24' -36•) E0. 7 112180 $848.08 131180 12,17188 14 . Clean 1 Regrade Ditch LF. 11,408 $4.10 $45,68108 12.88 $22,888.80 15. Seal Existing Pipe EA. 4 $288.80 180108 160.80 /24188 16 . Erosion Control 8 Restoration LS. 1 16,110.80 16,888.88 118,488.88 118,400.80 17 . Standard Conc. Curb 1 Rutter LF. 165 17.88 $1,155.80 113.80 $2,145.08 TOTAL BID PRICE $149,816.88 $179,597.28 12/02/88 PROJECT: TIE 'FIAT' RIME I PR04EIEN1S BAER: CITY OF ROIRID ROCK JO NUMBER: 103 - 2194 -27 FILE NO: 18:FLATOR(6 BID DATE: DECEMBER 1, 1988 8 18:00 R.N. PROJECT LOCATION: ROWD ROCK, WILLIAMSON COUNTY, TEU6 I7EN N0. DEBCRIPTIO1 WIT UN. TOTAL BID PRIM HAYNIE KALI.J 1 & BRAY, INC. Page 1 DRY NAINTENPICE L CRSTA)EDA CWT. PARKER I ROGERS UNIT UNIT UNIT PRICE Waif PRICE PONT PRICE MOUNT 1 . 6' Wide Concrete Valley Sutter EA. 11 81,250.80 113,750.80 81, 280.80 813,280.08 11,280.00 113,200.80 2 . Concrete Valley Curb LF. 675 13.18 12,092.50 86.00 14,050.00 86.80 84,050.00 3 . 18' RCP LF. 80 114.00 11,128.88 125.88 12,008.00 .820.80 11,680.00 4 . 18' Bituminous Coated COP LF. 40 115.80 1600.80 144.00 81,760.00 115.11 1680.80 5 . 24' RCP (incl. backfill 0 comp.) L.F. 380 818.88 85,400.00 816.08 84,880.80 124.80 87,208.00 6 . 38' RCP (incl. backfill I cap.) L.F. 128 824. 82,880.00 126.00 13,120.00 138.00 13,600.00 7 . Remove & Restore Driveway i Culv.L.F. 99 112.00 11,188.88 140.00 13,968.00 116.58 11,633.50 8 . Field Inlet E0. 3 1700.00 82,180.00 13,280.00 19,600.00 11,500.00 14,500.08 9 . 5' Diameter Storm Sewer Manhole S.Y. 1 11,050.08 81, 850.08 82,000.00 12,000.00 13,880.08 13,000.00 10 . Remove /Replace Pvut. w/10' base E0. 1,877 87.50 814,077.50 113.70 825,714.98 815.08 828,155.80 11 . Concrete Rip -Rap Headwalls E0. 33 8280.80 86,680.80 8468.88 115,180.08 1680.08 119,800.00 12 . Clean Existing Culvert (B' -18') E0. 24 1120.88 82,880.80 828.80 8480.80 8180.80 12,488.80 13 . Clean Existing Culvert 124' -36') EA. 7 1180.80 1718.00 858.80 1350.80 8100.80 1780.80 14 . Clean 1 Regrade Ditch LF. 11,400 13.08 134,2008.80 80.70 17,900.00 10.65 *7,418.80 15 . Seal Existing Pipe E0. 4 125.00 1180.80 125.80 8100.80 850.00 1200.80 16 . Erosion Control 1 Restoration LS. 1 8508.80 8500.80 83,200.80 13,200.00 85,880.80 *5,000.80 17 . Standard Core. Curb 4 Sutter LF. 165 18.80 11,32100 115.80 12,475.80 *6.50 *1,072.50 190,558.80 199,969.90 8104,121.80 DATE: December 6, 1988 SUBJECT: Council Agenda, December 8, 1988 ITEM: 12A. Consider a resolution authorizing the Mayor to enter into a contract for "The Flat" Drainage Project. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On December 1, 1988 the City opened five bids for Drainage Improvements to the Flat. Bay Maintenance was the lowest and best bid. They have done numerous projects in the City and have provided us with competative bids. Public Works recommends acceptance of this contract for these well needed improvements. The contract price is $90,558.00. 1 1 1 1 r 1 1 THE CITY OF ROUND ROCK THE "FLAT" DRAINAGE IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS 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, November 29, 1988 SPECIFICATION NO. OWNER: CITY OF ROUND ROCK HK &G Job No.: 103 -2194 Spec Version: 11/06/87 1 1 1 1 1 1 �1 1 1 tlaynie era}; me NOVEMBER 22, 1988 ADDENDUM NO, 1 THE "FLAT" DRAINAGE IMPROVEMENTS Addendum No. 1 to the Plans, Specifications and Contract Documents for "The Flat Drainage Improvements" project for the City of Round Rock, Texas. 1. Please be advised the bid date for this project has been postponed until 10:00 A.M., Thursday, December 1, 1988. The place of opening remains the same. 2. Replace Pages 3, 5, & 7 of the old proposal with Sheets 3, 5, & 7 attached. Please note quantities of bid items 1, 7, and 10 have been revised and item 17 has been added to the Contract Documents. 3. Replace Sheet 1 and 3 of 4 in the Construction Plans with Sheet lA and 3A of 4 attached. 4. All bidders shall acknowledge receipt of Addendum No. 1 on Sheet 2 of 8 of the proposal. ADDENDUM NO. 1 - 1/1 12303'Cahndogy Blvd., Suite) Austin, Texas 78727 (512) 250 -8611 Cm7 Engineering Consultants Municipal Engineering Land Planning Surveying 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 THE "FLAT" DRAINAGE IMPROVEMENTS Sealed Bids, in envelopes addressed to The City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664 will be received at the City Council Chambers at the above mentioned address until 2:00 p.m., Tuesday, November 29, 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 "Flat" Drainage Improvements. Bids will be submitted in sealed envelopes for the project on the proposal furnished, and marked in the upper left hand corner "Bid for The "Flat" Drainage Improvements to be opened at 2:00 p.m., Tuesday, November 29, 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 (6.0) days. The successful bidder must furnish performance bond, payment bond, and maintenance bond in the amount of one hundred (100%) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any informality in bids received. Page 1 of 2 Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie Rallman & Gray, inc., 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 Rallman & Gray, Inc., 12303 -J Technology Blvd., Austin, Texas. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Engineer, Haynie Rallman & Gray, Inc., and obtain clarification prior to submitting any bid. Prequalification Requirements: The bidder is to submit information regarding his qualifications with this bid in accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and regulated by the State of Texas and the Federal Government. The Project shall be completed within ninety (90) calendar days after Notice to Proceed from the Engineer. Plans will be available from the office of the Engineer after November 17, 1988. Advertised in the Austin American Statesman: Advertised in the Round Rock Leader: Please charge to: Sunday, November 13, 1988 Sunday, November 20, 1988 Sunday, November 27, 1988 Monday, November 14, 1988 Monday, November 21, 1988 Monday, November 28, 1988 City of Round Rock 221 E. Main Street Round Rock, Texas 78664 (512) 255 -3612 Page 2 of 2 1 1 ADVERTISEMENT SUMMARY 1 1 1 PERFORMANCE BOND: 100% PAYMENT BOND: 100% MAINTENANCE BOND: 100% PLANS AVAILABLE: November 17, 1988 HAYNIE KALLMAN & GRAY, INC. 12303 -J Technology Blvd. Austin, Texas 78727 Telephone: (512) 250 -8611 1 1 1 1 1 1 1 1 1 1 1 OWNER: The City of Round Rock LOCATION: Round Rock, Texas PROJECT TITLE & TYPE: The "Flat" Drainage Improvements BID BOND: 5% OPENING TIME: 2:00 p.m., November 29, 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 The "Flat" Drainage Improvements to be opened at 2:00 p.m., Tuesday, November 29, 1988." A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. Unauthorized condition, limitation or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without addition, alterations or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and if filed with the Engineer. 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 1 COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given ' not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Bidder ", bound herein. BIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefore. It will be understood that the ' bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to be furnished and as to the requirements of the Contract, Specifications and Drawings. 1 ADDENDA 1 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 1 Addenda if such are issued by the Engineer twenty -four (24) hours before the opening of bids. 1 1 1 1 1 1 Page 3 of 3 1 PROPOSAL TO CITY OF ROUND ROCK FOR THE CONSTRUCTION OF THE "FLAT" DRAINAGE IMPROVEMENTS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Contractors inviting bids, conditions and classes of materials of the proposed work; agrees that he will provide all the necessary supervision, labor, machinery, equipment, tools, apparatus, and other items incidental to construction; will do all the work and furnish all the materials called for in the Contract Documents, Plans and Specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It -is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 8 1 II ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the following bid items are the only II items of payment under this contract and that his bid price under these items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the Plans, Specifications, and the Contract Documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location of the proposed work, the plan drawings, specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the work in ninety (90) calendar days following date of "Notice to Proceed'. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda; Addendum No. Page 2 of 8 Dated 1 1 ILL 1� 1 1 1 1 1 1 1 1 PROPOSAL BIDDING SHEET IL B NAME: The "Flat" Drainage Improvements Ip B LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas I entletnen: Pursuant to the foregoing Advertisement for Bids and Instruction to Udders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary supervision, labor, machinery, equipment, tools, I terials, insurance and miscellaneous items, to complete all the work bid provided by the attached supplemental specifications, and as shown on the plans for the construction of The "Flat" Drainage Improvements and I nds himself of acceptance of this proposal to execute a contract and nds for completing said project within the time stated for the following ices, to wit: Item Description Unit Ouantitv Unit and Written Unit Price Price Amount 11 EA• 6' Wide Concrete Valley Gut- ters complete in place Per each for 1 /4 "' 9 ' ( " ? ��'> Dollars and Cents $ i-;‘ 675 L.F. Concrete Valley Curb. com- plete in place per linear foot for 7 Dollars fo and TF✓ Cents $ 3 $ ?�s� ADDENDUM NO. 1 - 11/22/88 Page 3 of 8 1 I1,31LIm 1 1 1 1 1 i 1 1 1 1 1 1 1 Item Description Unit Ouantitv Unit and Written Unit Price Price Amount 80 L.F. 28" RCP, complete in Place per linear foot for FwP% Dollars on and ` Cents $ $ / 40 L.F. 18" Bituminous Coated COMP (16 Gage) complete in place linear foot for F /Fr A✓ and ,c)O 300 L.F. 24" RCP including all back - filling and compaction com- plete in Place per linear foot for EiErf:E��✓ and / 1-1O 120 h,E,, 30" RCP including backfilling and compaction complete in Dollars Cents $ / $ G°D `=" Dollars /" Sy Cents $ $ °°: � place per linear foot for ' -'- / Dollars and " Cents $ $ a �D Page 4 of___8 1 il d Item Description Unit ;tem Quantity Unit and Written Unit Price Easig Amount 99 L.F. Removal of existing driveway I culvert & replacement with 12" CGMP (16 Gage) including drive- 1 way restoration complete in place per linear foot ' for r`^'E' - Dollars and Nd Cents $ /.. . $ //83 1 �_ 3 EA. Field inlet complete in place 1 per each for 51./0 ,.y.■,.'o' Dollars and N '' Cents $ °O $ 1 1_ EA: 5' Diameter Storm Sewer Manhole 1 jith open grate complete in place per each ' for a'vE / n '''''''Dollars and N,) Cents $ ' 1877 S.Y• Asphalt pavement removal and 1 replacement. including 10" com- I pacted flexible base and all appurtenances complete in Place 1 1 1 1 per for and square yard SG�F,✓ Dollars ADDENDUM NO. 1 - 11/22/88 Page __2__ of __A_ cio oU /:?SO $ /OS — FiFi y Cents $ 37s1 $ /''0,77 Item Description Unit Quantity Unit and Written Unit Price Price Amount 33 EA. Concrete Rip Rap Headwalls complete in place per each for Twfl / Dollars and N0 Cents $ � - $ 6 6 U° 24 EA. Clean Existing Culvert (8" - 18 ") complete in place per each for m^'F for pnvt Page � of __a_ T''`^"rpollars and No Cents $ / - $ ,286` ; EA. Clean Existing Culvert (24 "- 36") complete in place per each Dollars and N Cents $ /° ,0e2 $ 2 7 z 20- ' 2- 11400 L.F. Clean & Regrade Ditch com- plete in place per linear foot for r9A' .E' Dollars Js and NO Cents $ 3 $ may 4 gA. Seal Existing Pipe complete in place per each for i" E^"% ' : Dollars and ^ ' d Cents $ 211' $ /" 1 1 1 u 1 1 1 1 1 1 1 1 1 1 1 1 Item Description Unit Quantity Unit and Written Unit Price price Amount 1 L.S• Erosion Control and Restora- tion of all disturbed areas complete in place Per lump SUM for F -E j,4. n 6 9 Dollars and A- Cents $ 5°1' $ sw- 165 L•F. ,Standard Concrete Curb & Gutter including base. back - fill and all appurtenances complete in place per linear foot TOTAL for 1 > , ) Dollars and N Cents $ ADDENDUM NO. 1 - 11/22/88 Page __I_ of __A_ c iO . , S5g f= $ X3.7) t SUBMISSION OF THE PROPOSAL il In accordance with the Contract Documents, the above Proposal in the following amounts are hereby respectively submitted by: 1 1 II g9/ . 09,-.--; „.-' �. /A/c. ,..2 -8? 1 Name of Cori1ractor Date I Execueed by (Name) Title or Position 1 P. 0, Box gesy 37,2 -. 1g - _Js3 s I Business Address Telephone Number City State Zip i 1 1 1 1 Page of 1 1 INFORMATION REODIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name 9 t /7/9', (2) Address .&x B'a's/ Fi3 s, ,' (3) Phone Number S/ - ? - 5943 �53� (4) Type of Firm: ( ) Individual, (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. C�'flNfc Ie /^/4 - Pfc'ES.OF✓r" s4�fE.� �sir/t - tJ�' �Ars Fes* /Er - ( ) Partnership, (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: $ $ /, 3 n /ar - /r. $ f 20 , o00 -34 c/I l BF v�•a /'fO,PSES/idF 6T ?s2 59 //4.504' Ffdvi�"�iSNl Su$; Page 1 of 2 (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: 1 I (10) Pa � f taxes, in the State of TEX/+ S No I (11) List all jobs you performed in which a trench failure injury occurred: 4 .7°. 1 -5-0‘,...---//4,-/q5,-- �1 ©Li ,,, , e L ` / 1 1 1 I (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 Page 2 of 2 1 KNOW ALL MEN BY THESE PRESENTS: That we Bay Maintenance Company, Inc.; P. 0. Box 8859; Horseshoe Bay, (Here insert She name and address or legal title of the Contractor) and Companies HOME OFFIC.ES: BALTIMORE, MD. 21203 Marble Falls, Texas as Principal, (hereinafter called the "P Fidelity and Deposit Company (Here insert the name of the SuretY) under the laws of the State of Maryland, as Surety, unto City of Round Rock., Texas (Here insert the nam .as Obligee, (hereinafter called the "Obligee"), in the sum of Five Percent of the Greatest Amount Bid Dollars .... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for The "flat" drainage improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3.8.t day of . _ . FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY Witness C rIAAAA.- lit Witness C325 TX)— Approved by The AMeriCUI Institute of Architects. .1J.. Document 77o. A.310 February 1970 Edition. BID BOND , of Baltimore, Maryland, a corporation duly organized (hereinafter called the "Surety") areheld and firmly bound e and address or kgal title of the Owner) December 19 / (San) 'ipal Tille 0 FIDELITY AND DEPOSIT COMPANY OF MARYLAND El FIDELITY AND DEPOSIT COMPANY Surely By / 9714C ht t " . " 14 4 (SEAL) Erma Marangi Title Attorney-in-Fact FIDELITY AND DEPOSIT COMPANY OF MARYLAA., FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Via - President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dace hereof, do hereby nominate, te and a t Jack W. Davis, Perry Max, Raymon R. Dyer, Melba Butcher, Susan Ashw and Marangi, all of Garland, Texas. EACH ec deliver, for, and on is behalf as surety, the true and lawful agent and Attorney-in-Fact of each, to xecnte, �, and as its act and deed: any and all bonds a derta _ bonds' on behalf of Independent Executors, Community Su et: Companies execution su s or undertakings as fully and amply, to all intents and purposes, as officers of the respective Companies at their This power of attorney revok dated, April 6, 1988. IN WITNESS WHEREOF, the said V she Corporate Seals of the said FIDE thi 10th ATTEST: ity Guardian tor, shall be as binding upon said Companies, executed and acknowledged by the regularly elected , in their own proper persons. ?on behalf of Jack W. Davis, etal, AND DEPOSIT COMPAQ O YLAND B . if i . L Secretary ke- Presidint n � FIDELITY AND�POS OMPAINY 0 f1.? 1[ ..M4� � � A By Woe-Predawn Secretary STATE OF MARYLAND t SS: CITY OF BALTIMORE y On this 10th day of May , A.D. 19 88 , before the a6eeraer, ■ Notary Public of the State of Maryland, in and far the City of Baltimore, duly commissioned and qualified, came the above-named V'o&Presidents and Ambient Secretaries of the FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to ice personally known to be the individuals and officers deembed herein and for himself eaedi and t they each acknowledged the are the and the a preceding en end CAP u se aforesaid, the same and being by me duly sworn, severally and and that the gals affixed to the preceding instrument are the Corporate Sale of said Companies, and that the said Corporate e Seale an the Q.ig as ON WHE duly a he and t my m and c fi id by y o tiy. TEST IN TESTIMONY WHEREOEO F. I have ve hsemto m se set my hd a and affixexed d m eery the Baltimore the y and year first above written. My canmiari011 expires July 1. 1990 CERTIFICATE 1, the undersigned Aaaistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full face and effect an the date of this certificate; and I do further certify that the Vice - Presidents who executed the said Power of Attorney were Vice - Pretidenu specially authorised by the Board of Directors to appoint any Attoruey -in-Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by faa®ae under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at • meeting duly aged and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY m a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mec reproduced denature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon • certified copy of any power of attorney haled by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.' IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate mesh of the said Companies, this 1St d o f December 19 Public 168 -2874 Assistant Secretary THE STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT H� IS AGREEMENT, made and entered into this day of � 1 ha , A.D., 19B8rby and between The City of Round Rock of the County of Williamson, and the State of Texas, acting through Mayor Mike Robinson thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Bay Maintenance Company, Inc. of the City of Marble Falls, County of Llano, 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: The "Flat" Drainage Improvements further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by HAYNIE KALLMAN & GRAY, INC., 12303 -J Technology Blvd., Austin, Texas 78727, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof and . collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) calendar days after the date written notice to do so shall have been given to him, and to complete the same within ninety (90) 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 1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK BAY MAINTENANCE COMPANY, INC. BY SW 1 ATTEST: Corporate Seal BY: Signe Page 2 of 2 (The fo wing to be executed if the Contractor is a Corporation.) , certify that I am the Secretary of the Corporation named as Contractor herein; that fca�K �7,✓� , who pAgned this Contract on behalf of the Contractor was then (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is with the scope of its corporate p 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS S COUNTY OF Williamson S KNOW ALL MEN BY PRESENTS, THAT Bay _Wintenanr,P Company, Tnr of the City of Marble Falls -County of Llano principal, and Fidelity and Deposit Company under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock , TEXAS (OWNER), in ?ERPORMANCE BOND , and State of TPxar, as authorized of Ninety Thousand Five Hnndrea Fifty Fight an.i n., /1110 Dollars ($ 90,558.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of \JJJ/ +.r.r4Ar.7_ , 19t Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. PB -1 the penal sum 1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATIONS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bind is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and. all liabilities on this bond . ,shall be determined in accordance with the provisions of the said Article to the same extent' as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this- bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1988. Ba Ma_i - ,.., - •u... . Fidelity and Deposit rnmpany Principal �� Su sty �./�� Susan n Ashwander Title: -— Title: Attorney -in -Fact Address: Horseshoe Bay, Box 8859 Address: 409 E. Centerville Rd, Marble Falls, Texas 78654 The name and address of the Resident Agent of Surety is: Davis - Dyer -Max, Inc.; 409 E. Centerville Rd., Garland. Texas 75041 PB -2 Garland, Texas 75041 1 1 PAYMENT BOND 1 THE STATE OF TEXAS 5 1 COUNTY OF Williamson S KNOW ALL MEN BY THESE PRESENTS, THAT Bay Maintenance Company, Inc. I the City .of Marble Falls, County of Llano , and State of 1 Texas , as principal, and Fidelity and Deposit Co.authorized under the laws of the State of Texas to act as surety on bonds for 1 principals, are held and firmly bound unto the City of Round Rocli TEXAS (OWNER),_ in the penal sum of Ninety Thousand Five Hundred Fifty I Eight and no /100 Dollars ($ 90,558.00 ) for the - 1 payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly 1 and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with • the Owner, dated the .3 eD day of , 1988, to 1 which contract is hereby referred to and made a part ereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. 1 1 PB -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1988. Address: Horseshoe Bay, Box 8859 Address: 409 E. Centerville Rd. Marble Falls, Texas 78654 The name and address of the Resident Agent of Surety is: Davis -D er -Max Inc • 409 E Cen PB -4 Fideiity and - Deposit Company •-. Surety By 43.01 usan Ashwander Garland, Texas 75041 Title: Attorney -in -Fact No. 30236615 THE STATE OF TEXAS S COUNTY OF Williamson S Improvements MAINTENANCE BOND MB -1 Bond KNOW ALL MEN BY THESE PRESENTS, that we Bay Maintenance Companv. Inc. as.,PrinCipal,. and _,Fidelity and Deposit Company . a Corporation organized under the laws of the State of Maryland as Surety, are held and firmly bound unto City of Round Rock. Texas as Obligee, in the penal sum of Ninety Thousand Five Hundred Fifty Eight and no /100 4$ ) to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed The "Flat" Drainage WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two years after approval by the City of Round Rock against all defects in workmanship and materials which may become apparent during said period; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH'that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 1988. Ba Principe Address Horseshoe Bay, Box 8859 - Marble Pane, Texas 78654 Davis - Dyer -Max, Inc.; 409 E. Centerville MB -2 ;.Fideli a -n Dppsj.t Company Surety By \34: \k Susan Ashwander Title Attorney-in-Part Address 409 E. Centerville Rd. Garland,' Texas 75041 The name and address of the Resident Agent of Surety is: Rd., Garland, Texas 75041 The F&D Companies HOME OFFICES: BALTIMORE, Mn. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice - President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse aide hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, co ibute and a • t Jack W. Davis, Perry Max, Raymon R. Dyer, Melba Butcher, Susan Ashw and Marangi, all of Garland, Texas, EACH s h A r the true and lawful agent and Attorney-in-Fact of each, to deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds anderta,z...EXCEPT bonds on behalf of Independent Executors, Community Surrs an.t• =S unity Guardians... e execution o such onds or undertakings • as fully and amply, to all intents and purposes, as officers of the respective Companies at their o This power of attorney revok dated, April 6, 1988. c- IN WITNESS WHEREOF, the said Vi the Corporate Seals of the said FIDE this 10th 168 -2874 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY Assistant Secretary day of 19 . resents, shall be as binding upon said Companies, executed and acknowledged by the regularly elected d., in their own proper persons. on behalf of Jack W. Davis, etal, t Secretaries have hereunto subscribed their names and affixed WANT OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY o f M.y , A D 196 STY AND DEPOSIT COMPA1xY OF YLAND By Secretary - me-President FIDELITY AND OSI f OMPANY By STATE OF MARYLAND CITY OF BALTIMORE 5 35' On this 10th day of May , A.D. 19 88 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above - named Vice - Presidents and Assistant Secretaries of the FIDELI- TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly ,worn, severally and each for himself deposeth and ankh, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Offi ' / Sest otthe of Baltimore the day and year feat above written. My commisaioo expires July 1, 1990 CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and comet copy, is vu full force and effect on the date of this certificate; and I do further certify that the Vice- Presidents who executed the said Power of Attorney were Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscrbed my name and affixed the corporate seals of the said Cmnpaniee, this Vice -Pre Public A rta cry, Assistant Secretary EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice- Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." LtntvbITXI -CU. I AECOIUI. CERTIFICATE OF INSURANCE ISSUE DATE 'NNOD'v, 12/15/8E PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER: NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND - EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Davis - Dyer -Max, Inc. ---- _._ -_ -. P.O. Box 461867 COMPANIES AFFORDING COVERAGE Garland, Texas 75046 L Y A The Home Insurance Company CODE SUB -CODE COMPANY B LET ER INSURED Bay Maintenance Company, Inc. COMPANY C Horseshoe Bay Box 8859 Marble Falls, Texas 78654 : COMPRNY D -, COMPANY C - -- 1 LEIItH N. THIS IS TO CERTIFY THAT THE 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO - TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR I DATE MMIDONY) DATE(MMIDWYY) ' I GENERAL LABILITY - x , COMMERCIAL GENERAL LIABILITY _ I _ .... -� y I CLAIMS MADE OCCUR I GENERAL AGGREGATE I a : PNODUCISCOMP/OPS AGGREGATE! 5 2 )T 1,000 I PERSONAL & ADVERTISING INJURY 1 5 1 �DO A , I X i ow s a CONTRACTOR'S PRGT' G LR9096 i 6/15/88 1 ix includes Contractual 4/11/89 I EACH OCCURRENCE j $ h IRRE DAMAGE (Any one fire) I ,n^^ 5.0 c � • - , x includes Ind. Contractors 1 MEDICAL EXPENSE (Any one person) 15 AUTOMOBILE LIABILITY ' x F ANY AUTO A : ' ALL OWNED AUTOS BAP158837 6/15/88 ; 1 SCHEDULED AUTOS I _ HIRED AUTOS NON -OWNED AUTOS ^ —! GARAGE LABILITY i COMBINED : ! SINGLE I a i UDR 1 ,000 4/11/89 ' B O DI ILY - (Per person) - ' BODILY - .INJURY ;s (Per ecGJen1) : PROPERTY S . DAMAGE I : EXCESS LIABILITY • I OTHER THAN UMBRELLA FORM EACH AGGREGATE OCCURRENCE - S I 5 WORKER'S COMPENSATION 1111 AND - EMPLOYERS UABILRY STATUTORY i (EACH ACCIDENT) 5 (DISEASE— POLICY LIMIT) -; S (DISEASE —EACH EMPLOYEE' ' OTHER I__ DESCRIPTION OF OPERATIONSROCATIONSIYEHICLES /RESTRICTIONSISPECAL ITEMS I The "Flat" Drainage Improvements "., ?a+W s ue a 40* �• _ II a *- SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE The City of Round Rock EXPWATION DATE THEREOF. THE ISSUING COMPANY will HNOGIVENILXTIX THE THE OR 221 East Main Street r MAD_ _tea DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED-TO I Round Rock, Texas 78664 LEFT. BUT FAILURE TO MAIL SUCH NOTICE STILL IMPOSE NO OBLIGATION LABILITY OF ANY KIND UPON THE COMPANY. IS AGENTS OR REPRESENTATIVES. i.% AUTHORIZED REPRESENTATIVE 1 - ' .�' .: , -. ^: . .. .. - - -7,77tAdoiiiiiiiiii4PCiiikiliiiiiiii MOM/. THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF TI-US F ORM H . DUCEfl COMPANY BINDER NO. . 1 P.O. Ram 461867 8erlaed, Tablas 76846 CODE SUB -CODE INSURED Dm City of Osumi Neck MI East Palm Street Meld, Taxes 78664 TYPE OF INSURANCE PROPERTY CAUSES OF LOSS 'BASIC BROAD SPEC.: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE : OCCUR: OWNER'S & CONTRACTOR'S PROT. j RETRO DATE FOR CLAIMS MADE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES COVERAGE/PORMS Ilse Noma lessre sue `o. .. EFFECTIVE EXPIRATION DATE TIME 8888.. DATE .TIME..... X AM 12:01 AI ... 12:01 PM 1/1 NOON THIS BINDER 15 ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO: DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY {Including Location) ISSUE DATE (MMIDD/YY) • Imprsraesets ac, TX GENERAL AGGREGATE AUTOMOBILE , ALL VEHICLES SCHEDULED VEHICLES CSL ' $ LIABILITY BI PERS/ACCID $ NON /OWNED , PD j $ HIRED MED. PAY I $ GARAGE PIP ...............: .g MORTGAGEE LOSS PAYEE LOAN A A AUTHORIZED REPRESENTATIVE AMOUNT DEDUCTIBLE COINSUR. $ 1, 000 PROD. — COMPJOPS AGGREGATE $ PERSONAL & ADVTSNG. INJURY ,$ 8888.. .. ......_.. 1 ........ . EACH OCCURRENCE $ R! $�$� 8888... i FIRE DAMAGE (Any one Ilre) 5 MED. EXPENSE (Any one person) $ UM AUTO PHYSICAL DAMAGE 1 ALL VEHICLES " SCHEDULED VEHICLES ' ACV COLLISION OED. . STATED AMOUNT $ _88_88 .........._ OTC DED: - OTHER EACH AGGREGATE SELF- INSURED OCCURRENCE RETENTION STATUTORY Dtalseated CM:meter: lay Neiatunss Cc., lee. mod all sabseetracters. if may Hstsedise Rq, 8ex 8869 Marble falls, Taxes 78654 ADDITIONAL INSURED (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE -EACH EMPLOYEE) ACORD 75S (MS) CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance Is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This bincer may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company Is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of Insurance for actual damages sus- tained therefrom. 1 1 1 1 1 1 N 1 1 1 1 1 1 1 1 Type d Meuraloe CO Rem E Mo/o viral o lr o f 1 ` ' Wen dherwise :dimmer ass policy Marls MU coverage arm me lebkem Cmpeisalim mm d aA maim (mmat files where ammo. am 00 Meld only by State Fuck and Canada) erg m &teamed er poky pd and aiOgB&"B1°a tor Part Two (Enatayas UMW) thilily Uinta rnwe.nds (aoo o0aladl u * Workers 1 c ` 2 1619 -00- 096469 11-1-AA 11 -1 -R9 Compreheresive Oenaal 1 umilnr Spada MA-vas or - TedageR (Seam II mN) 00000500 - Al Vddlm CoNade ( I Produda Candace ce °Pemb l 1 Ir fled ) Magee l 1kedlded 1 1 E...dad 9og1iN Myury - UM Ooouoo, e - Aggregate $ a Prppab Damage - UM O�wareme -' $ $ Singe UM -Ear Omrrerw - Aggregate $ $ OWN.: 1.6.1011:18 al Roma Utah, Sod* Kum - UM OcwnoncP $ Plopaty Damage - 5aoh Ooe rorgce - Aggregale 5 II Owners 8 Contralars UM ocwrrenoo I Each num lJabgay 1 )All OWgee Aurae ' ( ) Scudded ANDS Only ( ) Hired Autos 1 1 trammed Autos • srsieune AcciderA $ eoeiy burry Eadg Rum Each Acatlav' Each Damage Elm Amgen 0 I ' tlgrorde arnianty Each 4wnmm $ Aggregate Plodaf0 - Completed Op r0MOre $ NWMon 1 Wausau Insurance Companies his is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issue This certificate is not a policy or a binder of insurance and does not in any way alter. amend or extend the coverage afforded by any policy referred to herein. F ame and Mailing Address of Insured 1 1 1 1 1 1 1 Spacial ProvisIons /Locat1ona /SPeclfieg Autos: Davis - Dyer -Max, Inc. P. 0. Box 461867 Garland, TX 75046 JOB: The "Flat" Drainage Improvements to all b t le 0 l ire um r d er m of a at contract P dug The respect to eo 11 ie ced ere may be ease a may cumin, 1000 irberanoe comma M the o (b6i oesoi0ed mated • The eery d a garter in 1Ma ooemn means that Me =magma Marled by me company designed by 100 sane number. • Issuing Company No. 2 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY 7. ILLINOIS EMPLOYERS MSURANCE OF WAUSAU 1. WAUSAU LLOYDS Issued to: Bay Maintenance Company, Inc. Horseshoe Bay, Box 8859 Marble Falls, TX 78654 The City of Round Rock 221 East Main Street Round Rock, TX 78664 J Texas *Special Provisions $500,000 each accident $500,000 disease - each employee $500,000 disease - policy limit (5)15.5736 Signed Producer No.: Office: Date: Region: 0907 Dallas 12 -19 -88 SW 1 1 1 1 I 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority 2.02 Right of Engineer to Modify Methods I and Equipment 2.03 Changes and Alterations 2.04 Damages 2.05 Losses from Natural Causes ' 2.06 Laws and Ordinances 2.07 Licenses, Permits, and Certificates 2.08 Royalties and Patents I 2.09 Keeping of Plans and Specifications Accessible 2.10 Discrepancies and Omissions 2.11 Contractor's Understanding 1 2.12 Extra Work 2.13 Payment for Extra Work 2.14 Assignment and Subletting 2.15 Subcontractors 1 2.16 Owner's Status 2.17 Completed Portions of Work 2.18 Materials 1 2.19 Receiving and Storage of Materials 2.20 "Or Equal" Clause 2.21 Completed Work I 2.22 Materials Furnished by the Owner 2.23 Protection of Property 2.24 Shelters for Workmen and Materials 2.25 Sanitary Facilities 1 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and I Construction Plant 3.02 Performance, Payment and Maintenance Bonds 3.03 Contractor's Ability to Perform 3.04 Superintendence and Inspection 1 I 3.05 Character of Employees 1 3.06 Contractor's Duty to Protect Persons and Property 1 1 3.07 Safety Codes 1 3.08 Barricades 1 3.09 Minimum Wages 1 I 3.10 Unsuitable Work or Materials 1 3.11 No Waiver of Contractor's Obligation 1 3.12 Site Clean Up 1 3.13 Guarantee 1 1 1. DEFINITIONS UMW, CONDITIONS OF THE AGREEMENT CONTENTS Page 1 1 1 1 1 1 (CONTENTS CONTINUED) 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 13 4.02 Right of Entry 13 4.03 Owner's Representatives 13 4.04 Collateral Work 13 4.05 Right -of -Way 13 4.06 Adequacy of Design 14 5. SCHEDULING AND PROGRESS OF WORK 14 ' 5.01 Order and Prosecution of the Work 14 5.02 Rate of Progress 14 I 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 and Materials by Owner 18 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 2 9.02 Estimated vs. Actual Quantities 20 9.03 Payment 21 ' 9.04 Monthly Estimates and Payments 21 9.05 Certificates of Completion 22 9.06 Final Estimate and Payment 22 9.07 Notarized Affidavit 22 9.08 Release of Liability 23 9.09 Contractor's Obligation 23 9.10 Payments Withheld 23 1 1 1 1 1 1 GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS 1.01 caandar 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 HALLMAN & 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 ExtrLWork. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner shall mean The City of Round Rock named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. -1- 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 Sga¢contraclQL. "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 Su stantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 1.11 Work. 'Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A 'working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under control of the Contractor, will permit construction of the principal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.13 Written Notice. 'Written Notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. -2- 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litigation it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shall determine all questions in relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto the arbitration or to any action on the Contractor to receive any money under this Contract; provided, however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 $lght of Engine.L Q. IQd.fv Methods and Equipment. If at any time the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that they may be dispensed with. -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 fosses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 2.06 yaws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall idemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the 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 Beeping of Plans and] Specifications Acceesible. The Engineer shall furnish the Contractor with two (2) sets of executed Plans and Specifications without expense to him, the Contractor shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities need preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 gxtra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. -5- 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- 1 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Engineer, nor shall he assign, by power of attorney or otherwise, any of the money payable under this contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due to to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. Subcontractors The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Engineer. 1 2.16 Owner's Status Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Completed Portions of Work The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Raceiving and Storaga_of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the Engineer. 1 1 1 1 1 1 -7- 2.20 "0r Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term or equal" the Contractor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. 2.21 completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 2.22 Materials Furnishes by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on Plans or not. 2.24 ghtlters for Workmen and Agterials The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. -8- 1 2.25 $anitary Facilities. The Contractor at his expense shall furnish necessary sanitary toilet facilities for the use of all I 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 I shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. ' 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Lbor. Eauipment. Materials and &onstruction Plant The I 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 1 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 I Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. I - 3.02 Performance, Payment auaintenance Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance, payment, and maintenance bonds, I each in the sum of 1008 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 I 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 I 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. I The surety company or companies underwriting the performance, payment and maintenance bonds shall be acceptable according to the latest list of companies holding certificates of authority ' from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. 1 3.03 ContracQ's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall I 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 1 -9- 1 Contract as outlined in Section 7 "Termination of Contract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 $uperintpndence 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 ►a ;actg_of Employees. The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform them that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractnr's Duty to gtotect Persons and Propelty. 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 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, County, and Municipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. 3.08 Barricades & Traffic Control Sians. When barricades or traffic control signs are used to satisfy safety requirements, such barricades or signs shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least two (2 ") inches high. Barricades and signs shall be located and fashioned as per the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, 1980 Edition. 3.09 pinimsm 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 pnsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with plans, specifications, and contract documents, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractora___QtliRAtiODA. The Engineer, supervisor, or project representative shall have no power to waive the obligations of this Contract for the furnishing by the Contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor, or project representative to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer, supervisor, or project representative shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor, or project representative such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet the specifications for the work. Any questioned work may be ordered taken up or removed, for re- examination by the Engineer prior to final acceptance, and if found not in accordance with the plans, specifications, and contract documents for said work, all expense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as 'Extra Work" and shall be paid for by the Owner. 3.12 Site Clean Un. 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 Q$LIGA7IONS AND RESPONSIBI,ITIES 4.01 Dines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation thereof. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees such stakes, marks, etc. shall be replaced as directed by the Engineer at the Contractor's expense. 4.02 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 Qwner's Representatives. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervisors; or project representatives as the said Owner may deem necessary to examine the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or project representatives for the proper review and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, supervisors, or project representatives so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 Right- of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. -13- 4.06 Adequacy of Desian. It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has compiled with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order gad Prosecution of the Work. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence and in such manner as shall be most conductive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 gate of Progress. The Contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday. Holiday and Niabt Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. -14- 5.04 aindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and.continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee or either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the 'delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of such cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 yiquidated Damagep fpr Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of 8500.00 per calendar day. -15- 6. LUMNITY 6.01 Contractor's Idemnitv Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall idemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions of law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach or any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore idemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, worker, material, persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 5.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and idemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 Comprehensive general ..iab}1jty IL►gegapce. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above - entitled "Contractor's Idemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily injury $100,000 each person $300,000 each accident -16-- 1 1 1 1 1 1 1 1 1 1 1 1 1 Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractural liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Idemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury Property Damage $100,000 each person $300,000 each accident $ 50,000 each accident 6.06 Insuranc. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given ten (10) days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRAKT 7.01 Bight gf_Qwner 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 1 1 1 1 -17- 1 Owner may take possession of the site of the work and all material, equipment, tools, and appliances thereon and may finish the work in accordance with the provision of Section 8 "Abandonment of Contract by Contractor', of these General Conditions. 7.02 Night_ of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within ten (10) days after receipt of the notice. Should he fail to do so within ten (10) days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractoj. If the Contractor should abandon and fail to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. The Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment gnd Materials by Owner After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore except when used in connection with extra work where -18- credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for completion herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contractor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after fourteen (14) days notice published two (2) or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed and accepted by the Owner, the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract -19- accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice such property shall be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of MgascLements. No extra or customary measurements of any kind will be allowed but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Estimated vs,Actgal 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- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 PavmepL. 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 Pavmenatg. The Contractor shall furnish to the Engineer by the twenty -fifth of the month such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. On or about the first day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor ninety (90%) percent of the amount of such estimated sum on or before the 15th day of said month. -21- It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within ten (10) days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall review the work and satisfy himself by examination that work has been finally and fully completed in accordance with the plans, specifications, and Contract. If so and if acceptance by Owner and all governmental entities having jurisdiction has been secured, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract and serve as the date for stoppage of the contract period specified for completion of the Project. 9.06 Final Estimate rani 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 ariged 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 Pelease 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 Objg2a. 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 W.thheld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payment properly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. -23- SPECIAL CONDITIONS SECTION 01 - INFORMATION 01 -01 ENGINEER 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 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME Refer to the General Conditions of Agreement, Section 5.06, Page 15 for description. 01 -05 TIME OF COMPLETION The work shall be completed within the number of calendar days stated in the Proposal. The time shall begin from the date of the Agreement, or from the date of the Notice to Proceed, which ever is latest. 01 -06 OWNER The Owner shall be the party or parties named in the Notice to Contractor. 01 -07 .00ATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. S -1 1 01 -08 USAGE OF WATER Contractor shall pay all costs of water used. Water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. 01 -09 PAY ESTIMATES If pay estimates from the Contractor are'not received by the Engineer on or before the time specified in Section 9.04 of the General Conditions, then the pay estimate will not be processed and will be returned to the Contractor. SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two horizontal distances measured from existing, easily identifiable, immovable appurtenance such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available, costs for developing as -built drawings shall be subsidiary to other bids items. Prior to submission of final as -built drawings to the Engineer, the Contractor shall meet with representatives of the Owner and Engineer in the field to verify the accuracy and completeness of the as -built drawings. S -2 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. 02 -04 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services during construction. No additional payment will be made for this item. 02 -05 "GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -06 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. S -3 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. 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. S -4 1 1 PROTECTION OP STAKES. NARKS, 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. 1 SECTION 03 - INSURANCE 03 -01 Insurance policies must be obtained by the Contractor or separate endorsement obtained by his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public ' properties, etc. The principal types of insurance which will be necessary are: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 in the General Conditions entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $300,000 each person $300,000 each accident Property Damage $100,000 each accident $100,000 aggregate A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. S -5 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 Propertv Damage to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amount of liability. Worker's Compensation and 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. S -6 TECHNICAL SPECIFICATIONS 1 ITEM 1 GENERAL DESCRIPTION I 1.01 ECOPE OF WORK The work covered by these Specifications consists of I 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 I in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL $PECIFICATIONS 1 NOTE: The item number designation shown in parenthesis I adjacent to captions is a reference to City of Austin Standard Specifications for methods of construction, measurement and pyament except as modified herein. II STREET. WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin, Standard Specifications as I 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 I Specifications, it shall be construed to mean The City of Round Rock. I Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean Haynie Kallman & Gray, Inc. 1 1 1 1 1 1 1 -1 1 I ITEM 2 pONTROL OF WORT 2.01 CLEAN=212 2.01.1 CONSTRUCTION SITE 1 I 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 1 Engineer. The Contractor shall, at his own expense, maintain the I 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. 1 Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or I debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 BACKWORK ' The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion I 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 1 until the back work is done to the Engineer's satisfaction. 2.02 GRADING 1 The Contractor shall do such grading in the area adjacent to streets and drainage facilities as may be necessary to I leave the area in a neat and satisfactory condition approved by the Engineer. 1 1 1 1 1 1 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 STARING The Engineer shall furnish the Contractor alignment and reference hubs for utility excavation at an agreed interval and offset, together with cut sheets showing the difference in elevation from top of the stakes to the flow line of the utilities at centerline. This construction staking will be provided one (1) time at the sole expense of the Owner. All re- staking will be provided by the Contractor and paid for by the Contractor at his sole expense without additional compensation by the Owner. PROTECTION OF STAKES. MARKS. ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. 3.04 CUT SHEETS - CITY OF AUSTIN PROJECTS ONLY Water and Wastewater The Engineer shall issue four (4) copies of cut sheets and one (1) Copy of field notes to the City of Austin's Water and Wastewater Construction /Inspection Division. The Contractor shall request his cut sheets from the City of 3 -1 Austin Water and Wastewater Construction /Inspection Division. Storm Drainage The Engineer shall issue four (4) copies of cut sheets and one (1) copy of field notes to the City of Austin "One Call Center" One Texas Center, 505 Barton Springs Road, Austin, Texas. The Contractor shall request his cut sheets from the City of Austin Department of Public Works Inspection Department. CUT SHEETS - OTHER THAN THE CITY OF AUSTIN The Engineer shall furnish two (2) copies of cut sheets to the Contractor. The Contractor shall be responsible for acquiring cut sheets at the office of the Engineer. 3 -2 1 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER 1 Portions of the work may continue as directed by the Engineer. ' 4.02 PROTECTION OF TREES. PLANTS AND SHRUBS The Contractor shall take necessary precautions to I 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 erosion control on Sheet 2 of the Plans. 4.03 BARRICADES 1 Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and 1 property. Under no circumstances will any existing road be permitted to remain closed over a weekend. 4.04 PROPERTY LINES AND MONUMENTS ' The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if ' disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL ' The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 1 4.06 CONTRACTOR'S USE OF PREMISES 1 The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. 1 1 ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending.to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP 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 1 ' ITEM 6 6.01 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 STREET IMPROVEMENTS TECHNICAL SPECIFICATIONS The following items from the City of Austin Standard Specifications are modified as related to measurement and payment; ;tem 210 (Flexible Base) "Flexible Base" will not be measured separately but shall be subsidiary to asphalt pavement removal and replacement which price shall be full compensation for all work herein specified, including the furnishing, hauling, and placing of all materials, for all water required and for all equipment, tools, labor and incidentals necessary to complete the work. Items 230, 232, 234 and 236(Rolling - Flat Wheel, Pneumatic Tire, Tamping Proof) No additional compensation will be made for materials, equipment or labor required by these items, but shall be considered subsidiary to the various items included in the Contract. Items 301, 306, and 307(Asphalts, Oils & Emulsions; Prime Coat; Tack Coat) These items shall not be measured or paid for, but will be considered subsidiary to pavement removal and replacement. Item 340 (Hot Mix Asphaltic Concrete Pavement) Asphaltic concrete pavement will be measured by the square yard of the specified thickness of the type actually used in the completed.and accepted work and paid for per square yard as pavement removal and replacement. ;tem 430 and 431 (Concrete Curb & Gutter; Machine Laid Curb & Gutter) Accepted work as prescribed by these items will be measured by the linear foot of concrete curb and gutter, complete in place. The work performed as prescribed by these items will be paid for at the unit price bid per linear foot for "Concrete Valley Curb ", complete, which price shall be full compensation, for furnishing and placing all base 6 -1 material, lime stabalization of subgrade, dowels, expansion joint material, curing material, backfilling and for all other materials, manipulations, labor, tools, equipment and incidentals necessary to complete the work. Item 504 (Adjusting Structures) Removal, relocation and adjustment of all existing utility lines and structures (regardless of being shown on the plans or not) and adjusting all proposed utility structures, shall be completed to match finished grade and to avoid proposed improvements. This item will include relocation of power lines, telephone lines, gas lines, cable T.V. lines, water lines, sewer lines, and any other utilities that require adjustment or relocation to allow the proposed improvements to be constructed in accordance with these plans and specifications. The work performed and materials furnished as prescribed by this item as indicated above shall not be measured or paid for seperately but will be considered subsidiary to other items in the bid proposal. Item 591 (Riprap for Slope Protection) Accepted work as prescribed for this item will be measured and paid as a separate item, Concrete Rip Rap Headwall. Series 600 (Environmental Enhancement & Erosion Control Measures) These items shall govern the furnishing, placing, maintaining and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for the project of all disturbed areas and in accordance with the plans. All temporary erosion control measures including hay bales, rock berms 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 both the existing and proposed spoil sites, and all disturbed areas shall include spreading of a minimum of 4" of top soil, shaping and seeding in accordance with the plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance 6 -2 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, top soil, seeding, and clean up. Item 800 (Traffic Signs, Pavement Markings) This item shall govern the installation of pavement markings (reflectorized paint), pavement markers ( reflectorized), traffic buttons, signs and pedestrian ramps. The installation of signs, markings and markers shall conform to the Texas State Department of Highways and Public Transportation "Standard Specifications for Construction of Highways, Streets, and Bridges ". Accepted work as prescribed by this item will be paid for at the lump sum amount bid, complete in place as shown on the plans. The bid price will include providing all materials, labor, equipment, tools, pavement preparation, and incidentals necessary to complete the work. Pedestrian ramp construction will include removal of existing curb and material to complete the work as shown in the plans. The materials to be used for markings and markers will conform to the State Department of Highways and Public Transportation and Material Specifications. Copies of departmental material specifications are available from the Materials and Test Division, 38th and Jackson Street, Austin, Texas 78703. The Texas State Department of Highways and Public Transportation will not provide any material to the Contractor at no cost. 6 -3 ITEM 7 STORM DRAINAGE 7.01 MATERIALS All storm drainage pipe shall be R.C.P. Cl. III as specified in the bid proposal and on the plans unless shown otherwise. 7.02 MEASUREMENT AND PAYMENT The following items from the City of Austin Standard Specifications are modified as related to measurement and payment: Item 120 (Channel Excavation) - "Clean & Regrade Ditch" Accepted "Clean & Regrade Ditch" excavation will be measured by the linear foot of ditch actually cleaned. This item will be paid for at the contract unit price bid for "Clean & Regrade Ditch ", measured as described above, which price shall be full compensation for furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work. Item 401 (Structural Excavation & Backfill) Unless otherwise shown on the plans, structural excavation for pipe headwall, inlets, manholes, culvert widening (extensions), bridge abutments, and side road and private entrance pipe culverts and any other items will not be measured but shall be considered subsidiary to the other bid items. No payment for work prescribed under this item shall be made and compensation will be considered subsidiary to the other bid items. Item 403, 406 and 410 (Concrete for Structures; Reinforcing Steel, Concrete Structures) No direct measurement or payment will be made for the work to be done or the equipment to be furnished under these items, but it shall be considered subsidiary to the particular items required by the plans and the contract. 7 -1 item 503 (Frames, Grates, Rings & Covers) No direct compensation will be made for frames, grates, rings and covers. Measurement and payment for furnishing all materials, tools, equipment, labor and incidentals necessary to complete the work will be included in proposal items which constitute the completed and accepted structures. Item 506 (Manholes) All manholes satisfactorily completed as indicated in plans or specifications will be measured as completed units per each for all depths. When called for in the proposal, manholes shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in bid items for manholes. Each manhole shall be constructed in accordance with the details indicated and to the depth required by the profiles. Item 508 (Misc. Structures & Appurtenances) All miscellaneous structures satisfactorily completed in accordance with the plans and specifications will be measured as completed units unless specified otherwise. Excavation and backfill will not be measured under this item but will be considered subsidiary to the other item. Frames, grates, rings and covers will not be measured and paid for but shall be considered subsidiary to the items for pay. Payment for Inlets for the type shown on the plans in place in accordance with these specifications and measured as prescribed above will be made at the unit price bid for each "Inlet ", Complete of the type specified including transition curbs and gutters. Payment for inlets with extensions of the length shown on the plans and measured as prescribed above shall be made at the unit price bid for each "Inlet" including transition curbs and gutters. Payment for Headwalls of the type shown on the plans in place and in accordance with these specifications will be made at the unit price bid per lump sum "Headwall" of the type specified. 7 -2 The construction, furnishing and placing of the "Three Span Bridge" on a prepared grade at the location designated and as shown shall be in accordance with the details, specifications, and plans. Item 510 (Pipe) Reinforced concrete pipe will be measured by the linear foot along the centerline of the pipe for the various sizes and classes of pipe in place, in accordance with these specifications, complete and accepted by the Engineer, including excavation, bedding and backfill. Where spurs or branches, or connections to existing pipe lines are involved, measurement of the spur or new connecting pipe will be made from the intersection of its central axis with the outside surfaces of the pipe into which it connects. Where inlets, headwalls, catch basins, manholes, junction boxes, or other structures are included in lines of pipe, that length of pipe tying into the structure wall will be included for measurement but no other portion of the structure length or width will be so included. Payment for reinforced concrete pipe, measured as prescribed above, will be made at the unit price bid per linear foot for the various sizes of pipe, of the class specified including excavation and backfill for furnishing, hauling and placing pipe including all incidental and subsidiary materials and work; preparing, shaping, de- watering and shoring of trenches; hauling, placing and preparing bedding; for connecting to new or existing systems or structures; for hauling, moving, placing and compacting backfill materials and for all other incidentals necessary to complete the pipe installation in accordance with the plans and specifications. All backfill will be mechanically tamped to the required compaction. Item 702 (Removing and Relocating Existing Fences) This item covers removal and relocation of all existing fences, gates and hardware to both sides of the proposed R.O.W. Line (regardless of being shown on the plans or not). No separate payment will be made for this item, but will be considered subsidiary to other items. 7 -3