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R-89-1232 - 2/9/1989WHEREAS, the City has duly advertised for bids for the construction of certain modifications for the West Wastewater Treatment Plant, and WHEREAS, Psencik Construction Co., Inc. submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of Psencik Construction Co., Inc., and to authorize the construction of said modifications, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Psencik Construction Co., Inc. is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with Psencik Construction Co., Inc. for the construction of said modifications. RESOLVED this 9th day of February, 1989. ATTEST: NE LAND, City Secretary C37RESWSTWA RESOLUTION NO. /..Z3a , MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: February 7, 1989 SUBJECT: Council Agenda, February 9, 1989 ITEM: 9C. Consider a resolution authorizing the Mayor to enter into an agreement with Psencik Construction for improvements to the West Wastewater Treatment Plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Accept the proposal of Psencik Construction Company for $62,550.00. Please see the attached information from HK & G. ECONOMIC IMPACT: This project is to prolong the economic life of the plant. January 30, 1989 James R. Nuse, P.E. Director of Public Works City of Round Rock 300 S. Blair Street Round Rock, Texas 78664 Dear Jim: Gray, RE: Wastewater Treatment Plant West 1988 C.I.P. Modifications Engineer's Letter of Recommendation RECEIVED JAN 11 1989 Bids were opened at 2:00 p.m., January 26, 1989, for construction of Wastewater Treatment Plant West - 1988 C.I.P. Modifications. A total of nine (9) bids were received, the lowest bidder being Psencik Construction Co., Inc., in the amount of $62,550.00. A complete bid tabulation is enclosed. Based on a review of the bids received, it is our recommendation that the contract for construction of this project be awarded to Psencik Construction Co., Inc. in the bid amount of $62,550.00. Please advise me as to your decision so that I may proceed with execution of the contract documents. Should you have any questions, please feel free to call. Sincerely, HAYNIE KALLMAN & GRAY NC. Patrick A. Lac ey, P.E. Project Manager PAL /c la Enclosure cc; Michael Vollmer; City of Round Rock icc: Steven D. Kallman, P.E., R.P.S. James H. Domel, Director/Field Services File No. 103 - 2253 -45 12303 Technology Blvd., Suite] Austin, Texas 78727 (512) 250-8611 Civil Engineering Consultants Municipal Engineering land Planning Surveying 01/26/89 HAYNIE KALLMAN L GRAY, INC. PAGE 1 PROJECT: West Wastewater Treatrent Plant 1988 C.I.P. Modifications OWNER: City of Round Rock JOB NO.: 103- 2253 -45 FILE: 58:STPWEST 8ID DATE: January 26, 1989 9 2:00 p.a. LOCATION: Round Rock, Texas PREP'D BY: N. Wehner Psencik Lambda W.K. LEN Onyx Construction Construction Jennings Construction Construction DESCRIPTION UNIT AMOUNT AMOUNT AMOUNT AMOUNT MOUNT 1 . Prepare and Paint Piping and Equipment on STP No. 1 L.S. $13,200.00 $9,000.00 $8,960.00 $15,000.00 914,327.00 2 . Prepare and Paint Piping and Equipment on STP No. 2 L.S. $6,600.00 $13,000.00 $14,000.00 *25,000.00 $11,021.00 3 . Furnish and Install Gravity Thickener Replace.ent L.S. $42,750.00 $42,000.00 $43,500.00 139,200.00 $53,842.00 $62,550.00 164,000.00 $66,460.00 979,200.00 $79,190.00 Proposed Gravity Thickener Manufacturer. Enviroquip Enviroquip Enviroquip Enviroquip Aswell 01/26/89 HAYNIE KALLKAN 1 GRAY, INC. PAGE 2 PROJECT: Nest Nastewater Treatment Plant 1988 C.I.P. Modifications OWNER: City of Round Rock JOB NO.: 103- 2253 -45 FILE: 58:STPWEST BID DATE: January 26, 1989 B 2:00 p.a. LOCATION: Round Rock, Texas Nater PREP'D BY: M. Nehner The Boswell Treatment Austin Delta Company Construction Engineering Electric DESCRIPTION UNIT AMOUNT AMOUNT AMOUNT AMOUNT 1 . Prepare and Paint Piping and Equipment on STP No. 1 2 . Prepare and Paint Piping and Equipment on STP No. 2 L.S. $20,000.00 $20,900.00 $15,000.00 623,837.00 L.S. $17,000.00 $14,900.00 $12,000.00 $12,042.00 3 . Furnish and Install Gravity Thickener Replacement L.S. $42,225.00 $49,700.00 $60,700.00 159,079.00 _ $79,225.00 $85,500.00 $87,700.00 $94,958.00 Proposed Gravity Thickener Manufacturer. Enviroquip Not Specified Enviroquip Enviroquip 1 1 1 1 1 1 1 1 1 1 Ir 1 1 1 CITY OF ROUND ROCK WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS CONTRACT DOCUMENTS AND SPECIFICATIONS SPECIFICATION NO. HK &G Job No.: 103 - 2253 -45 January 23, 1989 ADDENDUM NO. 1 CITY OF ROUND ROCK WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS Addendum No. 1 to the Plans, Contract Documents and Specifications for the City of Round Rock's Wastewater Treatment Plant West - 1988 C.I.P. Modifications. CONTRACT DOCUMENTS 1. The City of Round Rock does require the Contractor to post, prior to final completion, a one -year maintenance bond, as included in the bid documents. 2. All Bidders shall acknowledge receipt of Addendum No. 1 on Page 2 of the Proposal. PLANS AND SPECIFICATIONS 3. In areas where abrasive blasting prior to painting will occur over water surfaces, the Owner is not requiring additional protection to prevent the blast material from falling into the tank units. All other areas will be cleaned after blasting. 4. The aluminum handrail on TP2 is not required to be painted. 5. The approximately 12 non - galvanized radial air drops off the circular header shown, shall also be painted. 6. Note 2 - The six - hours -a -day downtime for surface preparation and painting shall be changed to ten - hours - a-day. PAL /cla #103- 2253 -45 HAYN KALLMA & GRAY, INC. Patrick A. Lac Key, P.E. Project Manager TABLE OF CONTENTS 1 - TITLE SHEET 2 - TABLE OF CONTENTS 3 - NOTICE TO CONTRACTORS 4 - ADVERTISEMENT SUMMARY 5 - INSTRUCTIONS TO BIDDERS 6 - PROPOSAL AND BIDDING SHEETS 7 - BID BOND 8 - INFORMATION REQUIRED OF BIDDER 9 - AGREEMENT 10 - PERFORMANCE BOND 11 - PAYMENT BOND 12 - MAINTENANCE BOND 13 - GENERAL CONDITIONS 14 - SPECIAL CONDITIONS 15 - TECHNICAL SPECIFICATIONS NOTICE TO CONTRACTORS CITY OF ROUND ROCK, TEXAS WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS Sealed bids, in envelopes addressed to the City of Round Rock, 221 E. Main Street, Council Chambers, Round Rock, Texas 78664, will be received at the above mentioned address until 2:00 p.m., Thursday, January 26, 1989, and then publicly opened and read for furnishing all labor, materials and equipment, and performing all work required for the construction of the Wastewater Treatment Plant West 1988 C.I.P. Modifications, located in Williamson County, Texas. Bids will be submitted in sealed envelopes for each contract on the proposal furnished, and marked in the upper left hand corner "Bid for Wastewater Treatment Plant West 1988 C.I.P. Modifications, to be opened at 2:00 p.m., Thursday, January 26, 1989 ". All proposals shall be accompanied by a cashier's certified 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 that of the successful bidder, will be returned within sixty (60) days. The successful bidder must furnish performance bond and payment bond in the amount of one hundred (100) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any informality in bids received. Page 1 of 2 The project generally consists of removal and replacement of an existing thickener mechanism and the preparation and painting of various mechanical equipment and piping within the City of Round Rock's West Wastewater Treatment Plant. Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie Hallman & Gray, Inc., for a non - refundable fee of fifty dollars ($50.00) per set. Plans and specifications may be examined at the office of the Engineer, Haynie Hallman & Gray, inc., 12303 Technology Blvd., Suite J, Austin, Texas. Bidders should carefully examine the plans, specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the plans, specifications or other documents, or should be in doubt as to their meaning, he should notify the Engineer, Haynie Hallman & Gray, Inc. and obtain clarification prior to submitting any bid. The improvements shall be completed within 180 calendar days after Notice to Proceed from the Owner. This Notice to Contractors shall be published in the Austin American- Statesman on the following dates, and an Affidavit of Publication furnished: Sunday, January 8, 1989; Sunday, January 15, 1989; and Sunday, January 22, 1989 This Notice to Contractors shall be published in the Round Rock Leader on the following dates, and an Affidavit of Publication furnished: Invoices should be sent to: Monday, January 9, 1989; Monday, January 16, 1989; and Monday, January 23, 1989 City of Round Rock Public Works Department 300 S. Blair Street Round Rock, Texas 78664 Attn: James R. Nuse, P.E. Director of Public Works Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BID BOND: 5% PERFORMANCE BOND: 100% PAYMENT BOND: 100% MAINTENANCE BOND: 100% OPENING PLACE: ADVERTISEMENT SUMMARY OWNER: City of Round Rock LOCATION: Williamson County, Texas PROJECT TITLE & TYPE: Wastewater Treatment Plant West 1988 C.I.P. Modifications PLANS AVAILABLE: Monday, January 9, 1989 Haynie Hallman & Gray, Inc. 12303 -J Technology Blvd. Austin, Texas 78727 Telephone: (512) 250 -8611 OPENING TIME: 2:00 p.m., Thursday, January 26, 1989 City of Round Rock Council Chambers 221 E. Main Street Round Rock,.Texas 78664 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: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 and shall be identified as follows: "Bid for Wastewater Treatment Plant West 1988 C.I.P. Modifications to be opened at 2:00 p.m., Thursday, January 26, 1989 ". 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 COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Bidder ", bound herein. BIDDER'S EXAMINATION OF SITE Each bidder the Contract bidder has encountered; be furnished and Drawings shall examine carefully the site of the proposed work and Documents therefore. It will be understood that the investigated and is satisfied as to the conditions to be as to the character, quality and quantity of materials to and as to the requirements of the Contract, Specifications ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such information in writing to Engineer, a minimum of 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued twenty -four (24) hours before the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Engineer twenty -four (24) hours before the opening of bids. Page 3 of 3 PROPOSAL TO CITY OF ROUND ROCK FOR THE CONSTRUCTION OF WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS 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 4 ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the following bid items are the only items of payment under this contract and that his bid price under these items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the Plans, Specifications, and the Contract Documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location of the proposed work, the plan drawings, specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the work in 180 calendar days. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda; Addendum No. Dated One 1/23/89 Page 2 of 4 1 1 1 ' JOB LOCATION: Williamson County, Texas OWNER: City of Round Rock, Texas 1 Gentlemen: 1 1 1 1 1 1 1 L.S. Prepare and Paint Piping and Equip- ment on Treatment Plant (TP) No. 1, complete in place as shown on the Plans and specified herein, for the lump sum price of 1 Thirteen Thousand, Two Hundred 1 1 1 1 1 1 1 1 PROPOSAL BIDDING SHEET JOB NAME: Wastewater Treatment Plant West 1988 C.I.P. Modifications Pursuant to the foregoing Advertisement for Bids and Instruction to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary supervision, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work bid as provided by the attached supplemental specifications, and as shown on the plans for the construction of the Wastewater Treatment Plant West 1988 C.I.P. Modifications, and binds himself or acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to wit: Bid Item Description Item Quantity Unit and Written Unit Price 2 and BASE BID Dollars No /100 Cents $ 13,200.00 1 L.S. Prepare and Paint Piping and Equip- ment on Treatment Plant (TP) No. 2, complete in place as shown on the Plans and specified herein, for the lump sum price of Six Thousand, Six Hundred and No /100 Page 3 of 4 Dollars Amount Cents $ 6.600.00 1 I Bid Item Description Item Quantity Unit and Written Unit Price Amount 1 3 1 L.S. Furnish and Install Gravity Thickener Replacement, complete in place as shown on the Plans and specified 1 herein, for the lump sum price of Fortv -Two Thousand, Seven Hundred 1 Fifty Dollars 1 and No /100 Cents $ 42,750.00 TOTAL LUMP SUM BASE BID $ 62,550.00 1 MANUFACTURER DESIGNATION 1 Spec. Section Title Manufacturer's Name 02 Gravity Thickener Enviroauip Mfg. Co. 1 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the preceding Proposal is 1 hereby respectfully submitted by: PSENCIR CONSTRUCTION CO., INC. 1/26/89 Name of Contractor Date 1 zair Executed by: Title or Position P. 0. BOX 3207 (817) 773 -6464 Business Address Telephone Number 1 Temple Bell Texas 76505 City County State Zip 1 Page 4 of 4 1 Companies FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD. 21203 KNOW ALL MEN BY THESE PRESENTS: That we, PSENCIK CONSTRUCTION COMPANY , INC (Here insert the name and address or legal title of the Contractor) , as Principal, (hereina(ter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY (Here insert the name of the Surety) under the laws of the State of Maryland, as Surety, unto CITY OF POUNDROCK .daadjg..04 Witness C323 TX)— Approved by The American Institute of Architects. A.I.A. Document No A.310 February 1970 Edition. BID BOND , of Baltimore, Maryland, a corporation duly organized (hereinafter called the "Surety") are held and firmly bound (Here insert the name and address or legal title of the Owner) as Obligee, (hereina(ter called the "Obligee"), in the sum of FIVE PERCENT OF TOTAL AMOUNT OF BID Dollars ($ 5% TAB ). 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 WASTE WATER TREATMENT PLANT WEST 1988...CIPADDIEICATION 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, °then ise to remain in full force and effect. Signed and sealed this 26TH. JANUARY day of A.D. 19 89 PSENCIK CONSTRU TION COMPANY, INC. ( TEN 4 ) 4 & 1\ • (SEAL) J Principal Th Sys. ) Witless FIDELITY AND DEPOSIT )1:E FIDELITY AN B vv-e ii/emre kir Title OF MARYLAND Tide INITh 11M1 ME M — N Fidelity and Deposit Company OF MARYLAND Fidelity and Deposit Company HOME OFFICES: BALTIMORE N BID BOND PLEASE BEAD YOUR BOND FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALIIYIORE. MD. 2I2n0, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY .AND DEPOSIT COMPAN1 (W MARYLAND. and the FIDE LlTY AND DEPOSIT COMPANY, corporations of the State of Maryland. by C. M. PECOT, JR. , Vice - President. and C. 14. 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 date hereof, do hereby nominate, consthine and appofit, E1do Johnson and Roberta Jones, both of Temple, Texas, EACH • .. i to true and lawful agent and Attorney -in -Fact of each, to ma(ie. ,e ecute. sea{ at s{ deliver, for, and on its behalf as surety. and as its act and deed: any and all bonds and undertakings .. EXCEPT bonds on behalf of Independent Executors, Community Surv and Guardians.... And the execution of such bonds or undertakings in pi i Sance of the, Oresents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as 11 they had beenoulY ?executed and acknowledged by the regularly elected officers of the respective Companies at their offfoea'b Baltimore 'Md., in their own proper persons. This power of attorney revokes,`;'tjtat isstt b"tin behalf of Eldo Johnson and Alice Garcia, dated, June 25, 1987..;: IN WITNESS WHEREOF, the said Vice- Presidents and Aasiatent Secretaries have hereunto subscrlbed their names and affixed the Corporate Seals of the said FIDELIt ( DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this 1 st iiay of April - , A D 1988 The ATTEST: FIDELITY AND DEPOSIT COMPAN F MA LAND C B Assistant 'Secretary e (:)o �-ua Assistant Secretary STATE OF MARYLAND CITY OF BALTIMORE SS " FIDELITY AND D By resident M PANYY Vice- President On this 1st day of April , 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 Aeelstaut 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 sworn, severally and each for himself deposeth and mith, that they are the said officers of the Companies aforesaid, and that the Beals 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 eubscrlbed 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 Officialeffifalig C ol al ' ore and year first above written. /(� • day of 19 ' ry Public My commission expires Jn1 y 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 correct copy, is in 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. Thin 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 • 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 subscribed my name and affixed the corporate seals of the said Companies, this 168 - 4019 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, recognizancee, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgagee and instruments in the nature of mortgagea,...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, shad 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, recognizancea, 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." L1419b1TXI—Ca. 1 1 1 1 ;1 1 1 1 1 1 1 1 INFORMATION REODIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name rht;tttLVV• (0,151-0171-1,0..1 (0. (NG. (2) Address P a . f9cti 3207 Tome .1 70b5 (3) Phone Number '811 - 113-(4 6 I (4) Type of Firm: ( ) Individual, ( ) Partnership, (K) Corporation (5) Corporation organized under t 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. iO4EPI iIi Pb6NGIu. L•tr•U. a(,er) V. Sac.A V( i& J1 I3Wce 1 M&TDi4 J,r. gp Sac 3Zt 7 '1Mrc4 'fK 1(405 .4 4. Mo Re_ - wits 46f- / 7ICEl s (7) Number of years experience i4 (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work/Date Completed /Name and Address of Owner: $ 1,**3,31D• DO W tV TP I I8/ GITY or M`G¢.EGO2. j1;165.5 $ (,07, I0.00 WT>D tam too flF IJ b l ,TE1t $ Zlfo,r7$3. WWtP M Dp. 4 81 G>T`( DF ILOUo4 RocK,TE1C/ss (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: Utoual )A CMG Co. ,1 1 U 5fi11,1 ,1kt) ‘S Page 1 of 2 gle eartaL 1 1 1 1 1 11 IR • i 1 1 1 1 1 1 (10) Payment of taxes, in the State of 1E45 Yes V No (11) List all jobs you performed in which a trench failure injury occurred: (12) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Page 2 of 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this 0 day of A.D., 1989, by and between the CITY OF ROUND ROCK, TEXAS, acting through its Mayor, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and PSENCIK CONSTRUCTION CO., INC., of the City of Temple, County of Bell, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. "WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS" Page 1 of 2 WITNESSETH: That for and 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: 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 180 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. 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, TEXAS gSENCIK CONSTRUCTION CO., INC. Party of the First Part Party of the Second Part (OWNER) (CONTRACTOR) BY: 24 /� ""` BY: Atm, A. t(11 Mayor Mike Robinson ATTEST: ATTEST: (the following to be executed if the Contractor is a Corporation.) I, MU4. 4 ¶ tLt , certify that I am the Secretary of the Corporation named as Contractor herein; that ISeu( Q , tatn - rou> , who signed this Contract on behalf of the Contractor was then \ Ae PrzEe,i176Kr (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is with the scope of its corporate powers. Corporate Seal Page 2 of 2 s, Signed: `M a1, L-✓1 c c, STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That, PSENCIK CONSTRUCTION COMPANY, INC. and (Here insert the name of the Surety) a corporation organized and existing under the laws of the State of Maryland, with its principal office in the City of Baltimore, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF ROUND ROCK, TEXAS (Here insert the name of the Obligee) (hereinafter called the Obligee), in the amount of (Here insert an amount equal to the total contract price) SIXTY TWO THOUSAND, FIVE HUNDRED -FIFTY & NO /100 * * * * * ** 62,550.00 Dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19 to WITNESS: ATTEST: C60119a(rX)— FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD. 21203 FIDELITY AND DEPOSIT COMPANY (Here insert the name and address or legal title of the Contractor) WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract docu- ments, 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, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 PSENCIK CONSTRUCTION COMPANY, INCsEAL) (IF INDIVIDUAL OR FIRM) (IF CORPORATION ❑ FIDELITY AND DEPO i$z FIDELITY AND (hereinafter called the Principal), as Principal, (SEAL) ((In,A (SEAL) '1 " - C....... _.. (SEAL) Principal OF MARYLAND 012NEY (SEAL IN FACT ) MN IMMI IMM MI NM • OM ME NM 1= MIE OF MARYLAND Fidelity and Deposit Company HOME OFFICES: BALTIMORE PERFORMANCE BOND .0 z 0 F PLEASE READ YOUR BOND The F&D Companies HOME OFFICES BALTIMORE. MD 21 20 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FI DELIT Y o ND DEPOSIT COMPANY OE MARY LAND. and the FIDE LI' AN DEPOSIT COMPANY, corporations of the State of Man land, 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 side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitrxe and appoint,,Bldo Johnson and Roberta Jones, both of Temple, Texas, EACH the true and lawful agent and Attorney -in -Fact of each, to make; ;execute, sealJztr`d deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and LIO0Y takin s ' .EXCEPT bonds on behalf of Independent Executors, Community Surv. rs and .Colpuiunity Guardians.. And the execution of such bonds or undertakings in posts nce of these' presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as ii,they had beenduly.executed and acknowledged by the regularly elected officers of the respective Companies at their offhteg itt Baltimore in their own proper persons. This power of attorney revokes' €}tat issuad on behalf of Eldo Johnson and Alice Garcia, dated, June 25, 1987."' IN WITNESS WHEREOF, the said Vice - Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITYAND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this Ist Fdty of _ April A D. 1988 FIDELITY AND DEPOSIT COMPAN F MA LAND ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY C ur Assistant Secretary Assistant Secretary -- --- -say of ° --- -- ---- -- 19-- --- By FIDELITY AND D By_ ..... - resident MPANY Vice - President STATE OF MARYLAND CITY OF BALTIMORE SS: On this I st day of April , A.D. 19 88 , before the subscribes, 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 sworn, severally and each for himself depoaeth and saith, 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 maid 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 1 have hereunto set my hand and affixed my Offieisk928Milig Ci . of ' al ' re e and year [fret above written. ___•. • Not Public My commission expires .Tstl y 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 correct copy, is in 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 faraimie 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 subscribed my name and affixed the corporate seals of the said Companies, this —7 .7/ - 714 1 .1 1 ,40-1., 168 - 4019 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." L1419bITx7 —Ca. and to Companies FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD. 21203 - - STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 (Penalty of this bond must be 100% of Contract amount) KNOW ALL MEN BY THESE PRESENTS: That,_ PSENCIK CONSTRUCTION COMPANY, INC. FIDELITY AND DEPOSIT COMPANY (Here insert the name and address or legal title of the Contractor) (Here inaerr the name of the Obligee) (hereinafter called the Principal), as Principal, (Here insert the name of the Surety) a corporation organized and existing under the laws of the State of Maryland, with its principal office in the City of Baltimore, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF ROUND ROCK, TEXAS (hereinafter called the Obligee), in the amount of SIXTY TWO THOUSAND, FIVE HUNDRED- FIFTY & (Here insert an amount equal to the total contract price) Dollars ($ 62,550.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of--_ 19 WASTEWATER TREATMENT PLANT WEST 1988 C.T.P. MODIFICATION which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor rn -the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to- remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 PSENCIK CONSTRUCTION COMPANY, IN.C. kbEaL) WITNESS: - (SEAL) (IF INDIVIDUAL OR FIRM) ATTEST: (S y— <— 1 i.. ,. 4�� 1_ i-CL1- ANiCE :--i --QTDO ` (SEAL) (IF CORPORATION Principal ❑ FIDELITY AND D . •1 MARYLAND pi FIDELITY AND CRAM rTxi— i By ECDO - JONNTON, A RNEY - 'I1I" FAACT -. (SEAL) MN M — — — — — — — — — — M — — — I Fidelity and Deposit Company OF MARYLAND Fidelity and Deposit Company HOME OFFICES: BALTIMORE PAYMENT BOND 0 PLEASE HEAD YOUR BOND Companies HOME OFFICES: RALi [MORE. MD 2120 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITt AND DEPOSFI COMPA'N'Y ()F MARI LAND. and the FIDELI AN!) 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 side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, const taste and appoint do Johnson and Roberta Jones, both of Temple, Texas, EACH........, the true and lawful agent and Attorney -in -Fact of each, to makee ;.execute, seat end deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and under .EXCEPT bonds on behalf of Independent Executors, Community Survabtzfs and,Cxpmunity Guardians And the execution of such bonds or undertakings in It*Itance of these0nresents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been 461) and acknowledged by the regularly elected officers of the respective Companies at their offi,es';10 Baltimore, Md., in their own proper persons. This power of attorney revokes t11at issue on behalf of Eldo Johnson and Alice Garcia, dated, June 25, 1987:`'?,,` IN WITNESS WHEREOF, the said Vice-Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this Ist <da'of April —ter , AD. 1988 168 -4019 The F ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY FIDELITY AND DEPOSIT COMPAN C CO 1 t ua By Assistant Secretary L .LCrI �-- f resident FIDELITY AND D MPANY By Vice-Presidem STATE OF MARYLAND CITY OF BALTIMORE SS: On this 1 S t day of Apr i 1 , 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 sworn, severally and each for himself deposeth and saith, 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 Offiekkaffra5R Ciy/o al 'more e and year tint above written. ,+ -_ No tl Public My commission expires Jul y J . 1990 CERTIFICATE 1, 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 correct copy, is in 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 authorised 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 celled 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 subscribed my name and affixed the corporate seals of the said Companies, this day of.__ —_____ 19 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." L1419b(TX) —Gt. Companies KNOW ALL MEN BY THESE I'RESENTS, that we PSENCIK CONSTRUCTION COMPANY, INC. hereinafter called Principal, as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, Baltimore, Maryland, hereinafter called Surety, as Surety, are held and firmly bound unto CITY OF ROUND ROCK, TEXAS hereinafter called Obligee in the sum of SIXTY TWO THOUSAND, FIVE HUNDRED -FIFTY & NO /100 * * * * * * * * * * * * * * * * * * ** DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administra- tors, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this day of ,19 WHEREAS, the Principal entered into a contract with the said Obligee, dated for WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and ac- ceptance of said contract and WHEREAS said contract was completed and accepted on the day of , 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of ONE YEAR from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. - ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES: BALTIMORE, MD. 21203 a.� Maintenanee Bond PSENCIK CCONSTRUCTION COMPANY, INC. By FID BY: M ' P Principal ANY OF MARYLAND ELD ATTORNEY IN FACT The F FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALTIMORE. MD 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY .AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland. by C. M. PECOT, JR. . Vice President. and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By - Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, consthiote and appoiM.:„Eldo Johnson and Roberta Jones, both of Temple, Texas, EACH , _ Ire true and lawful agent and Attorney - in - Fact of each to malte,`ezecute, sertbaiid deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and *der takings:,?i-.EXCEPT bonds on behalf of Independent Executors, Community SurviOrs and. otiniunity Guardians And the execution of such bonds or undertakings in pyreSltSnce of tht's$ ppesents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as jt, they had been.. duly executed and acknowledged by the regularly elected officers of the respective Companies at their offs iii BaltimoieMd., in their own proper persons. This power of attorney revokes:Via t issued -.' behalf of Eldo Johnson and Alice Garcia, dated, June 25, IN WITNESS WHEREOF, the said Vice- Preaidents and AssL9Iant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY "AND DEPOSITC,OMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this IS 8sty of Apr il A.D. 1988 ATTEST: FIDELITY AND DEPOSIT COMPAN C c.Ld By Assistant Secretary day oI____ —____ 19 No Public FIDELITY AND D QOMPANY Assistant .Secretary Vice - President STATE OF MARYLAND' CITY OF BALTIMORE SS: On this 1 St day of April , 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 sworn, severally and each for himself deposeth and saith, 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 Of� Ci of al ' re a and year first above written. My commission expires July J. 19QQ _ — __ — _ - 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 correct copy, is in 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 subscribed my name and affixed the corporate seals of the said Companies, this 168 -4019 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, reoognizances, 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." L1419bITx) —Cif. •r CERTIFICATE. OF INSURANCE ISSUE DATE (MM /DD/YY) 3/17/89 PRODUCER INSURED X OTHER KEIFER MARSHALL INSURANCE AGENCY, INC. P.O. BOX 888 TEMPLE, TX 76503 PSENCIK CONSTRUCTION COMPANY, INC. JOSEPHINE PSENCIK, INDIVIDUAL P.O. BOX 3207 TEMPLE, TX 76503 ORD 25-S (11/ &5) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE TH , THE SUING COMPANY WILL XBQdOFX%06JOVOX MAIL 10 RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L LURE TO MAIL SUCH OTICE SHALL IMPOSE NO OBLIGATION OR AN ND UPON THE ••MP _ Y, ITS AGENTS OR REPRESENTATIVES. AU S TATIVE BILITY IIR/ACORD CORPORATION 198.5 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONOI. TIONS OF SUCH POLICIES. TYPE OF INSURANCE TR GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OWNER'S & CONTRACTORS PROTECTIVE AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABIUTY 1 X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OCCURRENCE CITY OF ROUND ROCK 221 E. MAIN STREET, ROUND ROCK, TEXAS 78664 POLICY NUMBER ZLD3106023 AHD3351268 UHD3316222 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMP A HANOVER INSURANCE COMPANY LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER POLICY EFFECTIVE, DATE (MM/DDM') 1/29/89 1/29/89 1/29/89 POLICY EXPIRATION DATE (MMOO/YY) 1/29/90 1/29/90 1/29/90 )ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS JOB: WASTEWATER TREATMENT PLANT WEST 1988 C.I.P. MODIFICATIONS COMPANIES AFFORDING COVERAGE GENERAL AGGREGATE PROOUCTS-COMPIOPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE ANY ONE FIRE) MEDICAL EXP NSE ANY ONE PERSON) CsL BOOILY INJURY ACCIDENT) PROPERTY DAMAGE STATUTORY ALL LIMITS IN THOUSANDS $ 1000 $ $ $ $ 1 $ 10 00 $ 500 $ 500 $ 50 $ 5 EACH AGGREGATE CCCURRENCE $ 1000 $ 1000 EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) (DISEASE -EACH EMPLOYEE) Y PSENCIK CONSTRUCTION COMPANY, INC. JOSEPHINE PSENCIK, INDIVIDUAL P.O. BOX 3207 TEMPLE, TX 76503 Js =j' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE 6 t B E ISSUED Of NOTWITHSTANR MAY DING P ANY ERTAIN REQU THE INSU AFFORDED R , TERM OR CONDITION V THE PO OF ANY TIONS OF SUCH POLICIES. LETTER C COMPANY D LETTER COMPANY E LETTER BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED LI CO CIES DE RIBED NT OR OTHEHERR EIN DOCUMENT WITH RESPE TO WHICH THIS CERTIFR SUBJECT TO ALL THE CT TERMS, EXCLUSIONS, Al CD LTR TYPE OF INSURANCE ,, I•POLICY NUMBER POLICY EFFECTIVE DATE (MOVCOYY) POLICY EXPIRATION DATE (MM)DDIYY) ALL LIMITS IN THOUSANDS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY TO FOLLOW 1/29/89 1/29/90 GENERAL AGGREGATE PRODUCTS- COMPIOPS AGGREGATE H. 1 IIUI1 - — I CLAIMS MAOA OWNER & CONTRACTORS X OCCURRENCE PROTECTIVE PERSONAL 5 ADVERTISING INJURY $ EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MI M EXPENSE (ANY ONE PERSONI $ C v; I E AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY TO FOLLOW 1/29/80 29 / 80 1/29/90 29 / 90 $ 1000 C. 4i, Y'3� �!4y� A-'71 BODIL , PER P PERSON) $ BOOL 1 WUR r ACCDENTI $ PROPERTY DAMAGE $ ,F�* EXCESS LIABILITY OTHER THAN U'.IDRELLA FORM TO FOLLOW 1/29/89 1/29/90 �' �, EACH OCCURRENCE $ 1000 AGGRECw $ 1000 WORKERS COMPENSATION AND EMPLOYERS LIABILITY - '- - -- -- - - "' STATUTORY A f `� + -' •� -- "' $ )EA . ACC CENT $ O6EASE -POLICY ',IMIT) $ 10!SEASE - EACH EMPLOYEE 1 OTHER ' DESCRIPTION OF OPERATIONS( LOCATIONS/VEHICLES /RESTRICTIONS /SPECIAL ITEMS JOB; WASTEWATER TREATMENT PLANT WEST 1988 C.I.p, MODIFICATIONS '. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC €LLED BEFORE THE EX- . CITY OF ROUND ROCK ; PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ROUND ROCK, TEXAS • MAIL 10 DAYS WRI - • •TICE • HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT - R 0 MAIL SUCH NO ICE SHALL IMPOSE NO OBLIGATION OR LI • , KIND UPON THE COM ANY ITS AGENTS OR REPRESENTATIVES. •' A 1 HORIZE• REP •E TIVE . r or PRODUCER KEIFER MARSHALL INSURANCE AGENCY, INC, P.O. BOX 888. TEMPLE, TX 76503 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFEPS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEN C . EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE LETTER A HANOVER INSURANCE COMPANY B LETTER ISSUE DATE (MM /Gf. 2/22/89 : ! /:IN•1:1••N•:IJ•I:I•111•I:G4I: OVERAGES ERTIFICATE HOLDER CERTIFICATE OF INSURANCE CANCELLATION SET TAB STOPS AT ARROWS INSURED :0— TR OTHER IRMO or PRODUCER Reif.r Marshall Ins. Agoilloy, Inc. P.O. Box 888 Temple, Te:aa 76503 Ps.ncik Construction Co., Zno. P.O. Box 3207 Tomtits, Tuxes 76543 TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSVE FORM PREMISES/OPERATIONS EXPLOSION & HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY Al IYAMTIRI1 F 11E511 ITV ANY AUTO ALL OWNED AUTOS (PRIV PASS.) ALL OWNED AUTOS ( PkNRPA$SN) HIRED AUTOS NONMWNEO AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EURI MFRS' 1 10511 ITT POLICY NUMBER 34TH 923 746 01 ESCRIPTION OF OPERATIONS/LOCATTONSNEHICLES /SPECIAL ITEMS City of Round Rock 221 S. Main St. Round Rook, Torras 74444 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMENO. EX TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY S LETTER COMPANY LGTTEP 4% COMPANY D 11111 COMN�PANY 1 FTTFR COMPANIES AFFORDING COVERAGE LETTER A Lumberman' Mutual Casualty Co. THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE.ISSUED OR MAAS,RERSAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJEGS,COA.LL THE TERMS. EXCLUSIONS. AND CON01- TIONS OF SUCH POLICIES: • - ` - - - POLICY FEMME DATE (MWDOMD 7 -14 -8i POLI(Y EXPIRANON BATE IMA90FIR1 7 -14 -84 BODILY INJURY LIABILITY LIMITS IN THOUSANDS PROPERTY DAMAGE BI & PD COMBINED av_Y 4' :PEI PERSON% BYARY NARY NAOENTI PROPERTY DAMAGE EACH OCCURRENCE $ $ PERSONAL INJURY $ $ I M A M COMBINED $ B 450 COMBINED $ STAIOTORY ISSJC DAIC (MMIUUnY) 3 -17 -89 $ $ $ AGGREGATE cn $ 100 (EACH ALCIOENT) $ 500 l g.ag PQLTY LIMIT) 0 188 IDIOEAOC EACH CMPLOVCCI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAN. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES A11T1 1 D RFPRCSCNTATI,C I 1! �{ 1 I TO [ KEMPER INSURANCE COMPAP!Y P.O. BOX 479500 1 1 1 1 1 L_ KE6_�Efi MARSHALL !NS urAN .1 iNCORPORATED P.D. BOX 9B2 G TEMPLE, TEXAS 7E2.03.0522 (817) 778 -4207 GARLAND, TX 75047 -9500 7 DATE 2/22/R9 SUBJECT PSENCIK CONSTRUCTIn!! COMPANY, TUC. ASSIGNED RISK PnLICY P 3CL 923746 -01 EFFECTIVE 7/1 TO 7/14/89 PLEASE ISSUE A WORKERS COMPENSATIO`+ CEPTIFICATE OF INSURANCE TO: CITY OF POUND ROCK ROUND ROCK, TEXAS T!!IINK Ynu, r 1 1 1 laler Dloup, 1962 I N17113 The Drawing Board, Dallas Teas 75266 - 0429 a1c. DATE SIGNED GCr.161C■IT V CCn TI-110 nt%n• r,r --rr tn. ,.n GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority 2.02 Right of Engineer to Modify Methods 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 2.09 Keeping of Plans and Specifications Accessible 2.10 Discrepancies and Omissions 2.11 Contractor's Understanding 2.12 Extra Work 2.13 Payment for Extra Work 2.14 Assignment and Subletting 2.15 Subcontractors 2.16 Owner's Status 2.17 Completed Portions of Work 2.18 Materials 2.19 Receiving and Storage of Materials 2.20 "Or Equal" Clause 2.21 Completed Work 2.22 Materials Furnished by the Owner 2.23 Protection of Property 2.24 Shelters for Workmen and Materials 2.25 Sanitary Facilities 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant 3.02 Performance, Payment and Maintenance Bonds 3.03 Contractor's Ability to Perform 3.04 Superintendence and Inspection 1 3.05 Character of Employees 1 3.06 Contractor's Duty to Protect Persons and Property 1 3.07 Safety Codes 1 3.08 Barricades 1 3.09 Minimum Wages 1 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 (CONTENTS CONTINUED) 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 13 4.02 Right of Entry 13 4.03 Owner's Representatives 13 4.04 Collateral Work 13 4.05 Right -of -Way 13 4.06 Adequacy of Design 14 5. SCHEDULING AND PROGRESS OF WORK 14 5.01 Order and Prosecution of the Work 14 5.02 Rate of Progress 14 5.03 Sunday, Holiday, and Night Work 14 5.04 Hindrances and Delays 15 5.05 Extensions of Time 15 5.06 Liquidated Damages for Failure to Complete on Time 15 6. IDEMNITY 16 6.01 Contractor's Idemnity Provision 16 6.02 Workmen's Compensation Insurance 16 6.03 Comprehensive General Liability Insurance 16 6.04 Owner's Protective Insurance 17 6.05 Comprehensive Automobile Liability Insurance 17 6.06 Insurance Certificate 17 7. TERMINATION OF CONTRACT 17 7.01 Right of Owner to Terminate 17 7.02 Right of Contractor to Terminate 18 7.03 Removal of Equipment 18 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18 8.01 Notification of Contractor 18 8.02 Retention of Contractor's Equipment 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 20 9.02 Estimated vs. Actual Quantities 20 9.03 Payment 21 9.04 Monthly Estimates and Payments 21 9.05 Certificates of Completion 22 9.06 Final Estimate and Payment 22 9.07 Notarized Affidavit 22 9.08 Release of Liability 23 9.09 Contractor's Obligation 23 9.10 Payments Withheld 23 GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS 1.01 Calendar Day. A calendar day shall be the 24 -hour period from one midnight to the next consecutive midnight. Saturdays, Sundays and Legal holidays are considered calendar days and shall be used in determining contract time. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance, Payment, and Maintenance Bonds; the General Conditions of the Agreement; the Special Conditions of the Agreement; the Technical Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of the interpretation shall be in the following order: Signed Agreement, Performance, Payment, and Maintenance Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Instructions to Bidders, Technical Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. 'Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Engineer. "Engineer" shall mean HAYNIE RALLMAN & GRAY, INC., or such other Engineer, supervisor, or project representative who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner shall mean the CITY OF ROUND ROCK, TEXAS 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 $ ubcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 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 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that they may be dispensed with. -3-- If they increase the amount of work and the increased work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this Contract; otherwise such work shall be paid for as provided under Section 2.12 "Extra Work ". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said .work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from 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 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall idemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or. his subcontractors and their employees. 2.07 Licenses. Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. -4- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Weeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with two (2) sets of executed Plans and Specifications without expense to him, the Contractor shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities need preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. I 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the ' Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, ' except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. 1 -5- No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid by the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15%. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expenses; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. -6- 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Engineer, nor shall he assign, by power of attorney or otherwise, any of the money payable under this contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the 'assignee in and to any monies due to to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Engineer. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the Engineer. -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 Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. -8- 2.25 Sanitary Facilities. The Contractor at his expense shall furnish necessary sanitary toilet facilities for the use of all employees on the job site. The facilities shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance, Payment and Maintenance Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance, payment, and maintenance bonds, each in the sum of 100% of the total Contract price, in standard forms for this purpose guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner and that final retainage shall not be paid until such maintenance bond is furnished and approved by the Owner. The cost of the premium for the performance, payment and maintenance bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the performance, payment and maintenance bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the -9- 1 Contract as outlined in Section 7 "Termination of Contract ", if job progress indicates that the Contractor lacks either 1 appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give I 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 I 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 1 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 1 basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only 1 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 U 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 1 corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the 1 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 I 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 I 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. I 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 1 performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 1 -10- 1 3.07 Safetv 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 Signs. When barricades or traffic control signs are used to satisfy safety requirements, such barricades or signs shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least two (2 ") inches high. Barricades and signs shall be located and fashioned as per the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, 1980 Edition. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special Conditions of these Contract Documents. The Contractor shall not pay less than the general prevailing wages shown on said scale and shall keep accurate wage records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with plans, specifications, and contract documents, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or project representative shall have no power to waive the obligations of this Contract for the furnishing by the Contractor of good material and of his performing good work as 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. Site Clean Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all pits,'pipes, chambers, or conduits, shall tear down and remove all rubbish of every kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of twelve (12) months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within ten (10) days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however, that in case of emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor and /or his Surety (see Section 3.02 on maintenance bond) shall pay the cost thereof. -12- 1 1 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES I 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such I 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 1 Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel 1 or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Representatives. It is agreed by the Contractor that 1 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 I 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 I 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, 1 supervisors, or project representatives so appointed when such directions and instructions are consistent with the obligations of this Contract. 1 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 I 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. 1 The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 1 4.05 Right- of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. 1 1 1 -13- 4.06 Adeauacv of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has compiled with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence -and in such manner as shall be most conductive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to increase or improve_ his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with ASuch orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. -14- 1 5.04 1 1 1 1 1 1 5.05 1 1 1 1 5.06 1 1 1 1 1 1 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. if the Owner stops the work for just cause because the Contractor is not complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 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. Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $500.00 per calendar day. -15- 1 6 . ' 6.01 1 1 1 1 1 1 ' 6.02 1 1 6.03 1 1 1 1 1 1 IDEMNITY Contractor's Idemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall idemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions of law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach or any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore idemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, worker, material, persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 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. Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Idemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident -16- Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 Comprehensive Automobile Liability insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractural liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Idemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following; Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 each accident 6.06 Insurance Certificate. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given ten (10) days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRACT 7.01 Riaht of Owner to Terminate. If the contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resources or remedy give the Contractor written notice of termination of the employment of the contractor ten (10) days subsequent to such notice. Immediately following such date, the -17- 1 1 1 7.02 1 1 7.03 11 1 8. 8.01 1 1 1 8.02 1 1 1 1 1 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. Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 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. ABANDONMENT OF CONTRACT BY CONTRACTOR Notification of Contractor. If the Contractor should abandon and fail to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. The Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore except when used in connection with extra work where -18- 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 Measurements. No extra or customary measurements of any kind will be allowed but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Estimated vs. Actual Quantities. Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and -20- 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 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirement of the Engineer. 9.04 Monthly Estimates and Payments. The Contractor shall furnish to the Engineer by the twenty -fifth of the month such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. On or about the first day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor ninety (90%) percent of the amount of such estimated sum on or before the 15th day of said month. -21- It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within ten (10) days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall review the work and satisfy himself by examination that work has been finally and fully completed in accordance with the plans, specifications, and Contract. If so and if acceptance by Owner and all governmental entities having jurisdiction has been secured, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract and serve as the date for stoppage of the contract period specified for completion of the Project. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate; provided the Notarized Affidavit specified in Section 9.07 has been received by the Engineer. The Owner shall pay the Contractor within fifteen (15) days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision - of this Contract. However, it is to be specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notorized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payment shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake, it is agreed that all estimates, when approved by the Owner, shall be conclusive evidence of the work done and materials furnished. 9.07 Notarized Affidavit. Before final payment for the work by the Owner the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit -22- shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any person relating to or affecting the work. 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. 9.10 Payments Withheld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payment properly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. -23- SPECIAL CONDITIONS OF THE AGREEMENT 4ECTION 01 - INFORMATION SPECIAL CONDITIONS OF THE AGREEMENT 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to HAYNIE HALLMAN & 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 Contractors. SC -1 01 -07 LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. 01 -08 USAGE OF WATER Contractor shall pay all costs of water used. Water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. 01 -09 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 9.04 of the General Conditions, then the pay estimate will not be processed and will be returned to the Contractor. SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two horizontal distances measured from existing, easily identifiable, immovable appurtenance such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available, costs for developing as -built drawings shall be subsidiary to other bid items. Prior to submission S -2 1 ' of final as -built drawings to the Engineer, the Contractor shall meet with representatives of the Owner and Engineer on the site to verify the accuracy 1 and completeness of the as -built drawings. 02 -03 LANDS FOR WORK 1 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 1 additional payment will be made for this item. 02 -05 GUARANTEES 1 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 1 1 SC -3 the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. 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. SC -4 02 -12 CONSTRUCTION STARING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. SUBGRADE VERIFICATION The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, an Engineer's certification of subgrade to ± 0.2 feet. This verification shall be taken at the street center and verified. The Street Contractor will provide this when he turns the streets over to the Utility Contractor after the subgrade is made. The Utility Contractor shall provide this after his utilities are in and tested and before the Gas Contractor moves in. The Gas Contractor shall provide this after the gas installation and before the Street Contractor moves back in. PROTECTION OF STARES, MARKS. ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be re- staked by the Contractor at the Contractor's sole expense without additional compensation by the Owner. The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, the Engineer's certification that ALL property pins are in place prior to his moving off the job site. Such certification will be expected of each Contractor involved with the project as listed below, at the time periods specified: 1. Street Contractor - after subgrade, before Utility Contractor moves in. 2. Utility Contractor - after utilities are installed, before installation of gas. 3. Gas Contractor - after gas installation, before Street Contractor moves back in. 4. Street Contractor - after streets installed, before Final Acceptance. SC -5 1 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 A $500,000 umbrella coverage shall also be required. 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 Property Damage $300,000 each person $300,000 each accident $100,000 each accident $100,000 aggregate Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amount of liability. Worker's Compensation and Employer's Liability SC -6 SECTION 04 - Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. COORDINATION WITH STREET PAVING CONTRACTOR 04 -01 WATERLINE INSTALLATION It is the option of the Contractor to install the proposed waterline improvements when located behind the proposed back -of -curb, exclusive of water services, prior to excavation of the streets to subgrade by the Street Paving Contractor. Assignment for the waterline will be as shown on the plans and in most instances will be behind the proposed back -of -curb of the streets. The Utility Contractor should install bends in waterline or bury extra depth as to avoid interference with proposed sanitary sewer, storm sewer, and inlets. Adjustment of the waterline to avoid conflicts with utilities will be done at the sole expense of the Utility Contractor. 04 -02 WASTEWATER LINE INSTALLATION The streets will be excavated to subgrade and bladed by the Street Paving Contractor prior to the Utility Contractor beginning installation of wastewater line improvements within the street right -of -ways. Upon completion of the wastewater line construction, the Utility Contractor shall dress and blade the street to subgrade and in the same condition it was in when accepted by the Utility Contractor and to the satisfaction of both the Street Paving Contractor and the Engineer. SC -7 04 -03 UTILITY APPURTENANCES ADJUSTMENTS The Utility Contractor shall, as his own expense, raise the gate valve boxes and manhole frames and covers to the finished paved street grade. All gate valve boxes and manhole frames and covers within the proposed street paving area shall be constructed six (6) inches below the subgrade of the street. The Utility Contractor shall coordinate the raising of the gate valve boxes and manhole frames and covers to finished street grade with both the Street Paving Contractor and the Engineer. In unpaved areas, gate valve boxes shall be raised by the Utility Contractor, at his own expense, to two (2) inches above natural ground. In unpaved areas, manhole frames and covers shall be raised by the Utility Contractor, at his own expense, to six (6) inches above natural ground. SC -8 TECHNICAL SPECIFICATIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TECHNICAL SPECIFICATIONS INDEX SECTION 01 - GENERAL (Pages 1 thru 4) Page 01 -01 Scope of Work 1 01 -02 Construction Site 1 01 -03 Hackwork 1 01 -04 Grading 2 01 -05 Inspection of Work 2 01 -06 Notification 2 01 -07 Construction Staking 2 01 -08 Testing and Acceptance of Improvements 2 01 -09 Work in Freezing Weather 2 01 -10 Property Lines and Monuments 3 01 -11 Contractor's Use of Premises 3 01 -12 Trade Names 3 01 -13 Materials and Workmanship 3 01 -14 Measurement and Payment 4 SECTION 02 - GRAVITY THICKENER (Pages 1 thru 5) 02 -01 General 1 02 -02 Thickener Mechanism (Bridge Supported) • • • 1 02 -03 Anchorage 4 02 -04 Storage 4 02 -05 Painting 5 02 -06 Service, Startup and Training 5 02 -07 Shop Drawings and Submittals 5 02 -08 Measurement and Payment 5 SECTION 03 - PAINTING AND PROTECTIVE COATINGS (Pages 1 thru 11) 03 -01 General 1 03 -02 Scope of Work 1 03 -03 Preparation of Surface 2 03 -04 Painting Schedule 6 03 -05 Application of Paint 7 03 -06 Inspection 9 03 -07 Workmanship 9 03 -08 Protection of Work 9 03 -09 Color Selection 10 03 -10 Maintenance Materials 10 03 -11 Pipe Markers 11 03 -12 Measurement and Payment 11 i 1 1 SECTION 04 - ELECTRICAL (Pages 1 thru 13) Pace 04 -01 Scope 1 04 -02 Applicable Specifications and Standards . . . 1 I 04 -03 General Conditions 1 04 -04 Plans and Specifications 1 04 -05 Codes, Permits and Inspections 2 I 04 -06 Progress and Guarantee 2 04 -07 Cutting: Repairing 2 04 -08 Basic Materials and Methods 3 04 -09 Conduit System 3 04 -10 Conductors 4 04 -11 Electrical Service System 4 04 -12 Grounding System 5 04 -13 Temporary Power 5 04 -14 Electrical Distribution System 5 04 -15 Branch Circuits 6 II 04 -16 Wiring Devices 6 04 -17 Lighting Fixtures 6 04 -18 Lamps 7 ' 04 -19 Other Systems 7 04 -20 Electrical Power Equipment 7 04 -21 Motor Control Center 8 04 -22 Electric Motors 12 ' 04 -23 Shop Drawings and Submittals 12 04 -24 Equipment Finish 13 04 -25 Electrical Service 13 I 04 -26 Guarantee 13 04 -27 Measurement and Payment 13 1 1 1 1 1 1 1 1 1 SECTION 05 - SHOP DRAWINGS, SUBMITTALS, OPERATING MANUALS AND SERVICE (Pages 1 thru 3) 05 -01 Number of Submittals 1 05 -02 Equipment, Materials and Design Submittals Required 1 05 -03 Requirements 1 05 -04 Operation and Maintenance Manuals 2 05 -05 Service 2 05 -06 As Built Drawings 3 05 -07 Measurement and Payment 3 ii 1 I SECTION 01 - GENERAL 01 -01 SCOPE OF WORK 1 The work covered by these Specifications consists of furnishing all labor, equipment, machinery and materials and performing all operations in connection with the ' construction of modifications to the City of Round Rock's existing wastewater treatment plant facility. I This work shall be awarded under one contract and shall include preparation and painting of exposed, non - galvanized piping and treatment equipment on treatment plants 1 and 2, and removal of the existing I and installation of a new 24' diameter sludge thickener, complete in accordance with the Plans and subject to the terms and conditions of the Contract Documents. 1 01 -02 CONSTRUCTION SITE II 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 Owner's representative. I The Contractor shall, at his own expense, maintain the entrance road free from dust, mud, excess earth or II 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 over which hauling is done, and any such spillage or debris deposited on streets due to the Contractor's operations II shall be immediately removed. 01 -03 BACKWORK 1 The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and I completion of back work from becoming excessive. Should such a condition exist, the Owner's representative may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done II to his satisfaction. 1 01 -04 GRADING The Contractor shall do such grading in the area adjacent to backfilled trenches and structures as may be necessary to leave the area in a neat and satisfactory condition approved by the Owner's representative. 01 -05 INSPECTION OF WORK The work covered under this Contract shall be inspected by the Owner's authorized representative who will be the Engineer. The quality of material and the quality of installation of pipe and related equipment shall be to the satisfaction of the Inspector. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 01 -06 NOTIFICATION The Owner's representative must be notified a minimum of 24 -hours in advance of beginning construction. 01 -07 CONSTRUCTION STAKING The Engineer shall stake the plant location and pipeline alignment and provide reference hubs and bench marks at the treatment plant site. The Contractor shall provide his own construction staking. 01 -08 TESTING AND ACCEPTANCE OF IMPROVEMENTS The Engineer or his representative will be present at the testing of water and sewer lines. The Contractor shall test all lines and be confident that the lines will be able to pass the test prior to calling the Engineer to observe the tests. No lines will be accepted by the Owner without the Engineer observing the tests and certifying to the lines passing the pressure tests as specified herein. 01 -09 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Owner's representative. 01 -2 1 01 -10 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, I reference and resetting of property corner monuments if disturbed. ' 01 -11 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide 1 . additional space as necessary for his operations and storage of materials. 01 -12 TRADE NAMES 1 Except as specified otherwise, wherever in the Specifications an article or class of material is I designated by a trade name or by the name or catalog number of any marker, 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. 1 01 -13 MATERIALS AND WORKMANSHIP I No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without 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 I 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 I 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 I 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 I such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or prices specifically I designated shall be used, unless a substitute shall be approved in writing by the Engineer, and the Engineer shall have right to require the use of such specifically II designated material, article or process. 1 01 -3 1 01 -14 MEASUREMENT AND PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for all items of which this work is a component. 01 -4 1 SECTION 02 - GRAVITY THICKENER 1 02 -01 GENERAL The work included in this section of the Specifications ' governs for furnishing, installing and placing in service one 24' gravity thickener, complete with all related mechanical and electrical appurtenances. ' Thickener manufacturer shall have a minimum of at least ten (10) successful similar installations in the last five (5) years. Equipment shall be as manufactured by Enviroquip Envirex, Walker Process, or approved equal. ' 02 -02 THICKENER MECHANISM (BRIDGE SUPPORTED) This section of the specifications consists of the requirements for the equipment to be supplied for the sludge thickener. Equipment described herein includes ' the collector drive assembly, torque tube, sludge collector arms, access and support bridge, weir plates, scum baffle, control panel, and anchorage. All fabricated steel shall be hot dipped galvanized and assembled in the field by bolted connections. Field welding will not be allowed. 02 -02.1 Torque Tube A torque tube shall be furnished to provide support and ' as an attachment structure for the sludge collector arms. The torque tube shall be fabricated from 6" diameter standard weight pipe as shown on the Plans. The torque tube shall be fitted at the top end with a standard plate flange for connection to the flanged drive coupling.. This connection shall be above the proposed water level. Fabricated steel support brackets shall be located at the bottom end for connection to the sludge collector arms. 1 02 -02.2 Sludge Collector Arms The thickener mechanism shall be furnished with two (2) fabricated steel sludge collector arms. The steel arms shall be a weldment of structural steel members conforming to the slope of the basin floor and shall be ' rigidly connected to the central rotating torque tube. For the purpose of design, all collector arms and support sizes shall be such that no member in the arms or supports has a slenderness ratio exceeding 150. Arms 1 supported by tie rods will not be acceptable. 1 02 -1 1 Each arm shall be provided with bent steel plate flights, minimum 1/4" thickness, with adjustable 26 gauge spring brass squeegees. The flights shall be set at a proper angle and with adequate overlap to sweep the entire floor of the thickener twice each revolution, moving sludge toward the center sludge hopper. Vertical steel pickets fabricated from 3" x 3 " -x 1/4" structural steel angles shall be provided on each collector arm. 02 -02.3 Access and Support Bridge An access and support bridge, with minimum width of 3' -0" shall be furnished for the sludge thickener unit and shall consist of standard structural steel sections, interlaced for rigidity with structural steel shapes, designed and constructed so that the maximum deflection shall not exceed 1/800 of the span including the dead load, torque load, and a live load of 30 pounds per square foot. The bridge shall be anchored at one end, and slide plates shall be provided for the opposite end to allow for thermal expansion. Bridge and slide plate anchor bolts shall be no less than 5/8" diameter, hot dipped galvanized. The collector drive mounting plate shall be provided with the bridge. The bridge shall be provided with handrails along both sides. Handrails shall be two -rail type with the top rail extending 3' -6" above the bridge deck, fabricated of 1.9" O.D. (1 -1/2" nominal) aluminum pipe. The access walkway shall consist of removable steel grating sections of 1 -1/4" x 3/16" x 1" clear spacing, hot dipped galvanized, complete with standard galvanized hold -down clips. Removable grating sections shall not exceed 5 -ft lengths, shall be recessed flush with bridge beam, and shall be straight and true. 02 -02.4 Drive Unit The drive shall consist of an electric motor directly driving a commercially available double reduction worm gear reducer, chain driving another commercially available single reduction drop bearing worm gear reducer. The primary reducer shall have a minimum 1/2 HP, TEFC, Class F insulation, 1.15 service factor, Class B motor, flange connected to the gear housing. The gear set shall run in an oil bath enclosed in a close grained cast iron housing equipped with oil level site gauge, fill and drain plugs, vents and shaft seals. The secondary gear shall have a pitch diameter not less than 02 -2 22 inches. The primary and secondary gear reducers shall be connected by a 3/4" pitch, single strand, steel roller chain and sprocket assembly, complete with a 14 gauge steel chain guard. The entire drive unit shall be shop mounted to a heavy (minimum 1/2" thick) steel plate rigidly connected to the access bridge. The reducers shall be accurately aligned with brass shims. The drive unit shall be designed in accordance with AGMA Section 440.04 "Single and Double Reduction of Cylindrical Worm and Helical Worm Speed Reducers ", for 24 hour continuous duty and 20 year life based on a AGMA rated torque of 9000 ft. pounds and an output speed of 0.06 rpm. A shear pin device set for 130% of the AGMA rated torque shall be provided. 02 -02.5 Drive Control Panel (Pending & Terminal Overloads) The equipment manufacturer shall furnish electrical controls for the collector drive unit to be mounted on the bridge of the thickener as shown on the Plans. The equipment disconnect and related equipment shall be located in the control panel and the interconnecting conduit and wiring shall be provided by the Contractor in accordance with the requirements of Section 04, Electrical. The existing motor starter located remotely from the thickener unit, and below ground conduit /conductor from the starter to the thickener unit shall be reused. The Contractor shall reconnect this equipment to the new drive control panel in order to provide a complete working system. The control panel shall include one disconnect switch with three -leg overload protection. Alarm circuits shall be provided to turn on a warning light when external pending overload contacts are closed. Control circuits shall be provided to shut down the collector drive motor in the event that external overload contacts are closed. Alarm reset circuits with external switches shall also be provided. The control circuitry shall be enclosed in a NEMA 3R panel for mounting on the access bridge handrails. The panel shall include a top mounted alarm light and horn, alarm switch, running light, and start -stop pushbutton. The power supply to the panel control circuits shall be single phase, 60 Hz, 120 volts AC provided by a control transformer. 02 -3 02 -02.6 Weirs and Baffles Weir plates shall be furnished for mounting on the existing steel troughs as shown. Weir plates shall be adjustable and shall be fabricated from either 14 gauge 304 stainless steel or fiberglass with 304 stainless steel fasteners. The existing steel weir troughs shall be prepared and painted in accordance with the. specifications. 02 -02.7 Skimmer Assembly A full surface skimming assembly complete with skimmer arm, scum ramp, and drop box shall be provided as shown on the Plans. Drop box shall connect to piping as shown on the Plans and shall discharge to the existing manhole. The thickener surface shall be equipped with manually operated surface spray system. 02 -02.8 Influent Well The thickener mechanism shall be furnished with an influent well designed to provide efficient distribution of flow entering the basin. The influent well shall be 4' -0" diameter x 6' -0" deep. The influent well shall be fabricated from steel plate with 1/4" thick structural steel top and bottom trim angles to maintain its shape and rigidity. The influent well shall be rigidly supported by the bridge through structural steel sections adequately spaced to satisfy shear and deflection requirements. 02 -03 ANCHORAGE All anchorage in this section shall be furnished by the equipment manufacturer and unless noted otherwise, shall be stainless steel. 02 -04 STORAGE All parts held in storage prior to installation by the Contractor shall be stored in strict accordance with the recommendations of the manufacturer. Electrical equipment must be stored in weatherproof, ventilated enclosures. 02 -4 02 -05 PAINTING Structural materials may be stored outdoors on pallets or other wooden supports providing for the proper support and drainage. Equipment shall not be allowed to contact the ground directly. All fabricated steel in this section of the specifications shall be hot dipped galvanized except where noted. All equipment such as motors, drives, mixers, pumps, valves, and air piping couplings shall be factory primed or finished painted with compatability for a finish field coat to be applied. Refer to Section 03, Painting and Protective Coatings, for specific paint requirements. 02 -06 SERVICE, STARTUP AND TRAINING The Contractor shall include in his bid the combined services of factory trained equipment representatives for a period of one (1) day and one (1) trip. The manufacturers' representatives shall inspect the completed installation and assist the Contractor in start -up and testing. The representatives shall also instruct plant personnel in operation and maintenance of the equipment. A written report shall be furnished by the equipment manufacturer describing the observations of its representative. This report shall describe in detail any deficiencies noted. All such deficiencies, whether by the manufacturer or the Contractor, shall be corrected at no expense to the Owner. Prior to final approval, upon completion of any corrective action required, each manufacturer shall furnish a letter certifying that the equipment is now properly installed and ready for the operation and beneficial use by the Owner. 02 -07 SHOP DRAWINGS AND SUBMITTALS Refer to Section 05 of these Specifications 02 -08 MEASUREMENT AND PAYMENT The lump sum price bid for the plant equipment shall include all labor, equipment, materials, start -up service and incidentals required to fabricate, install and place the plant in operation complete with all specified appurtenances as shown on the Plans and herein specified. 02 -5 SECTION 03 - PAINTING AND PROTECTIVE COATINGS 03 -01 GENERAL The Contractor shall furnish all labor, materials, and equipment necessary to provide painting and protective coatings for the following items as specified herein. Preparation and application of proprietary coatings specified herein shall be in strict accordance with the manufacturer's recommendations and as supplemented by these Specifications. 03 -02 ,SCOPE OF WORK It is the purpose of this Specification to outline to the Contractor the necessary procedures for obtaining the proper coatings and painting applications to achieve satisfactory performance of the materials under actual operating conditions. Materials, surface preparation and application of the materials are outlined in detail and specified only as a guide to the Contractor. All painting and coating shall be done strictly in accordance with the manufacturer's instructions and shall be performed in a manner satisfactory to the Engineer. In all cases of dispute concerning material, surface preparation or application of materials, the Engineer or coating manufacturer's interpretations and recommendations shall take precedence. The paints and paint products of Tnemec Company, Inc., mentioned in the following Specification are set up as standards of quality. The usual or approved equal" clause shall apply. All materials shall be brought to the jobsite in the original sealed and labeled containers of the paint manufacturer and shall be subject to inspection by the resident engineer on the job, or his appointed representative. Colors, where not specified, shall be as selected by the Engineer. All protective coatings and paints shall be stored in enclosed structures to protect them from the weather and from excessive heat or cold. Many paint materials are flammable and must be stored so as to conform with the County and State safety codes for flammable paint materials. All emulsion type coatings must be protected 03 -1 from freezing weather. All pyrolytic or thermosetting coating materials must be protected from excess heat based on the manufacturer's printed instructions to eliminate the setting reaction. No exterior or interior coating shall be done under conditions which jeopardize the appearance or quality of the coating in any way. The Engineer shall have the right to reject all material or work that is unsatisfactory. 03 -03 PREPARATION OF SURFACE 03 -03.1 Definitions For purposes of cleaning metal prior to painting, the following definitions shall apply: SSPC -SP1 Solvent Cleaning The removal of dirt, oil, grease and foreign matter with solvents or commercial cleaners using various methods of cleaning such as wiping, dipping, steam cleaning or vapor degreasing. It is generally conceded that solvent wiping will not positively remove all oil and grease from the surface. Therefore, a more efficient cleaning method such as vapor degreasing or stem cleaning shall be employed where coatings will not tolerate any oil or grease residue. SSPC -SP2 Hand Tool Cleaning The removal of loose rust and mill scale by hand wire brushing, scraping, chipping or sanding. SSPC -SP3 Power Tool Cleaning The removal of loose rust and mill scale by mechanical means such as power sanders, wire brushes, chipping hammers, abrasive grinding wheels or needle guns. 03 -2 SSPC -SP4 Flame Cleaning The dehydration of the surface by rapidly heating with a high temperature, high - velocity oxyacetylene flame followed by wire brushing and handscraping to remove loose rust and mill scale. SSPC -SP5 White Metal Blast Cleaning The complete removal of all visible rust, mill scale, paint and foreign matter by compressed air nozzle blasting, centrifugal wheels or other specified methods, leaving an overall, uniformly gray -white metallic appearance. SSPC -SP6 Commercial Blast Cleaning The removal of at least two - thirds of all visible rust, mill scale, paint and other foreign matter from each square inch of surface by compressed air nozzle blasting, centrifugal wheels or other specified methods. SSPC -SP7 Brush -Off Blast Cleaning The removal of loose rust, mill scale, paint and foreign matter from the surface by compressed air nozzle blasting, centrifugal wheels or other specified methods. SSPC -SP8 Pickling The complete removal of all rust, mill scale and foreign matter by chemical reaction or electrolysis in acid solutions. SSPC -SP10 Near -White Metal Blast Cleaning The removal of 95% of all visible rust, mill scale, paint and other foreign material from each square inch of surface by compressed air nozzle blasting, centrifugal wheels or other specified methods. 03 -03.2 Non - Submerged Metals All ferrous metal to be primed in the shop shall have all rust, dust, and scale, as well as all other foreign substances, removed by sandblasting. Surfaces shall be sandblasted to the equivalent of a commercial blast surface in accordance with the Steel Structures Painting 03 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 1 Council Specifications SSPC -SP6. Cleaned metal shall be primed immediately after cleaning to prevent new rusting. All ferrous metals not primed in the shop shall also be commercial sandblasted (SSPC -SP6) prior to application of the primer paint. All non - ferrous metals, whether to be shop or field primed, shall be solvent cleaned (SSPC -SP1) prior to the application of the primer. All galvanized surfaces which are to be painted with finish coats shall be brush sandblasted (SSPC -SP7) to provide a profile or "tooth" surface. All exposed ductile iron pipe, fittings, and valves which are coated with asphaltum varnish, shall also be cleaned to the equivalent of commercial sandblasting (SSPC -SP6) before painting. After erection or installation of shop- coated metal work, clean and retouch all rust spots, all places where paint has been rubbed or scraped off, and all field rivet and bolt heads and nuts. After previously applied paint has hardened, and when surfaces to receive succeeding coats of paint have been perfectly cleaned and dried, apply paint in accordance with Section 03 -04, Painting Schedule, set out below. Allow 5 days for hardening of final coat before placing in water. 03 -03.3 Submerged Metals All submerged metal with the exception of galvanized steel shall be sandblasted to a near -white condition in accordance with SSPC -SP10 requirements. Anchor pattern of the blasted surface shall not exceed 1 -1/2 mils. Blasted surfaces shall be wiped free of any resulting dust and completely dried. If rust forms on any blasted surface, the surface shall be sandblasted again before application of paint. Whatever metal is blasted on any one day shall be coated with paint on the same day. All galvanized surfaces which are to be painted with finish coats shall be brush sandblasted (SSPC -SP7) to provide a profile or "tooth" surface. 03 -4 03.03.4 Concrete and Concrete Block All concrete and concrete block surfaces to be treated shall be clean of all dust, form oil, curing compounds and other foreign matter. Before applying paint or coatings to a concrete surface, the surface must either be etched with a 20% muriatic solution or sweep sandblasted. Surfaces poured with concrete containing an admixture or hardener or which are finished with a steel trowel, may require sweep sandblasting or "double etching" with a 20% solution of muriatic acid before painting. After acid etching, all surfaces should be flushed copiously with water and allowed to dry thoroughly. Prior to painting, all concrete surfaces shall be clean, dry and free of dust, oil, grease or any other foreign contaminants. 03 -03.5 Wood Wood surfaces shall be thoroughly cleaned and free of all foreign matter, with cracks and nail holes and other defects properly filled and smoothed. Wood trim shall be sandpapered to a fine finish and wiped clean of dust. 03 -03.6 Field Installed Pump, Pine and Valve Materials For systems such as pump stations, blower inlet and discharge piping and vault boxes with associated exposed valves and piping which have the various components supplied with prime paint, as bare metal and with factory pipe coatings; the metal surfaces shall be prepared, so a uniform primer and finish coat system can be applied in an acceptable manner. The following surface preparations shall be used prior to application of the primer: 1. All bare metal, cast iron fittings and ductile iron pipe and fittings shall be commercial sandblasted (SSPC -SP6). 2. All prime painted factory components shall be solvent cleaned (SSPC -SP1), hand tool cleaned (SSPC -SP2) and /or power tool cleaned (SSPC -SP3) as necessary to remove all foreign substances. 3. All galvanized surfaces shall be brush sandblasted (SSPC -SP7). 03 -5 03 -04 PAINTING SCHEDULE 03 -04.1 Concrete and Concrete Block Where specifically called for on the Plans, the exterior and interior surfaces of structures shall be covered with Series 52 Tneme -Crete modified epoxy masonry texture coating. A concrete and masonry filler is not needed with the Tneme -Crete coating. Smooth concrete shall receive one (1) coat and rough concrete and concrete masonry shall receive two (2) coats. Each applied coat shall be 8 to 10 mils dry film thickness. The color shall be as selected by the Engineer from the Tneme -Crete Color Card selection chart. 03 -04.2 Wood All wood surfaces, except redwood, shall receive one (1) coat of Tnemec 36 -603 undercoat with a dry film thickness of 2 to 3.5 mils and one of the following two semi -gloss finished paint systems: 1. Two (2) coats of Tnemec Series 23 Enduratone at 1.5 to 3.0 dry mil thickness per coat. 2. One (1) coat of Series 2H Tneme -Gloss at a 2.9 to 4.0 dry mil thickness. 03 -04.3 Non - Submerged Metals Above and Below Grade Non - submerged, exposed above grade ferrous and non - ferrous surfaces including but not limited to blowers, drives, hydrants, pipes, motors, valves, equipment, etc., shall be covered with one (1) coat of epoxy primer, Series 66 Hi -Build Epoxyline, with a dry film thickness of 4.0 to 6.0 mils and one (1) finish coat of Series 73, Endura Shield III, with a dry film thickness of 3.0 to 5.0 mils. Non - submerged below grade metal surfaces which will be subject to moisture and condensation, including but not limited to steel pump stations, machinery, pump suctions, piping and pumps, shall be coated with two (2) coats of Heavy Tnemecol, Series 46 -450, at the rate of 13 to 16 mils per coat for a total dry film thickness of 25 to 30 mils. 03 -6 03 -04.4 Submerged Metals - Plant Equipment and Tanks Other than the equipment and piping which shall be galvanized as shown on the Plans, submerged or intermittently submerged metal surfaces shall be painted with a two -coat hi -build epoxy system in compliance with AWWA Interior Paint System No. 1. After sandblasting, Tnemec Series 104 -1255 Hi Solids Epoxy beige primer shall be applied to all welds, rivets, seams and joints. After application of the above coating, one (1) coat of the same Tnemec Series 104 -1255 Hi Solids Epoxy beige primer shall be applied to obtain a dry film thickness between 6.0 and 8.0 mils. Prior to application of the finish coat, all touch -up shall also be done with the primer paint material. The second (final) coat shall be applied using Tnemec Series 104 -2000 Hi Solids Epoxy to obtain a dry film thickness between 6.0 and 8.0 mils. Total dry film thickness of the finished paint system after five days (75 °F temperature) drying time shall not be less than 12.0 mils. Each coat of paint shall be applied in a uniform thickness and shall be feathered as necessary at its edges to prevent lap marks and to provide a smooth paint finish. 03 -05 APPLICATION OF PAINT Successive coats of paint shall be tinted to aid in distinguishing between coats. All paint shall be mixed and applied strictly in accordance with the manufacturer's recommendations. On metal surfaces, the painter shall apply each coat of paint at the rate specified by the manufacturer to achieve the minimum dry mil thickness required. If material has thickened or must be diluted for application by spray gun, the coating shall be built up to the same film thickness achieved with undiluted material. In effect this means one (1) gallon of paint as originally furnished by the manufacturer must not cover a greater square foot area when applied by spray gun than when applied unthinned by brush. Deficiencies in film thickness shall be corrected by the application of an additional coat of paint. On concrete, application rates will vary according to surface 03 -7 texture; however, in no case shall the manufacturer's stated coverage rate be exceeded. On porous surfaces, it shall be the painter's responsibility to achieve a protective and decorative finish either by decreasing the coverage rate or by applying additional coats of paint. Apply paint only when temperature and atmospheric conditions are favorable to drying and are such to preclude condensation on surfaces being painted. Do not apply paint when either surface or ambient temperatures are less than 50 degrees Fahrenheit or when a temperature drop of 20 degrees or below 50 degrees Fahrenheit is forecast. Do not apply paint to surfaces upon which there is frost or moisture, nor during misty or rainy weather unless specific approval is given. Drying time shall be construed to mean "under normal conditions ". Where conditions are other than normal because of the weather or because painting must be done in confined spaces, longer drying times will be necessary. Additional coats of paint shall not be applied nor shall units be returned to service until paints are thoroughly dry. After installation of machinery and electrical equipment, check base coats carefully and retouch all damaged surface areas. Do not paint nameplates, serial number bases, chrome or bronze trim, or any rotating parts. Clean off any excess paint that impairs convenient removal of covers on gauges, instrumentation, or other equipment fitted with doors or covers. Thinners: Where thinning is necessary, only the products of the manufacturer furnishing the paint, and for the particular purpose, shall be allowed, and all such thinning shall be done strictly in accordance with the manufacturer's instructions, as well as with the full knowledge and approval of the Engineer. Colors: Unless specified on the Plans or elsewhere in these Specifications, color of the painted surfaces shall be selected by the Engineer. Upon completion of the protective coating and painting, the Contractor shall remove all surplus materials and rubbish and remove all spattered material from surfaces where its presence is objectionable. All coated or painted surfaces shall be free from abrasion or other blemishes when the project is ready for final acceptance by the Engineer. 03 -8 1 I 03 -06 INSPECTION Inspection and acceptance of the sandblasting shall be achieved prior to application of the prime coat of I paint. The Contractor shall schedule and coordinate his work with the Owner's representative to allow for expenditious prosecution of the inspection and painting. 1 Instrumentation to be provided by the Contractor for inspecting painting shall include a wet film thickness I gauge, a dry film thickness gauge, air temperature and humidity measuring equipment, steel temperature thermometer, and a wet sponge type "holiday" detector. If full time inspection is not conducted, a "Tooke" I gauge can be used to evaluate the thickness of each coat and to get an indication of the cleanliness of the surface. The "holiday" detector shall be used for ' inspecting the interior coating for voids in the coating which will cause premature coating failure. All paint film thickness shall be verified by measuring I the wet film thickness of each coat as it is applied. The Contractor shall coordinate the use of the painting scaffolds and rigging with the Owner's representative to I provide regular access for the paint inspections. A wet film thickness measurement shall be made for each 100 square feet of surface painted. All paint shall also be I inspected for applied dry film thickness as well as pinholes and holidays. 03 -07 WORKMANSHIP All work shall be done by skilled craftsmen who are qualified to perform the required work and shall be done I in a manner comparable to the best standards of practice found in the trade. All materials shall be evenly applied so as to be free from sags, runs, crawls, ' wrinkles, holidays, or any other application defects. All coats shall be of the proper consistency and properly brushed out so as to show a minimum of brush marks. All coats shall be thoroughly dry before the I succeeding coat is applied. All coats that are intended to hide shall be given another coat if the coating does not properly hide the undercoat. 1 03 -08 PROTECTION OF WORK Full protection shall be given other work from damage by use of clean drop cloths during the time that the paint is being applied. 1 1 03 -9 03 -09 COLOR SELECTION Based on the Tnemec's Master Chromacolors Selection Chart CC140M684 and Tneme -Crete Color Card, the plant components shall be painted the following colors and shall be a gloss finish: Doors and Building Trim AA90 White Hatches OSHA Safety Yellow Structural Steel Light Grey Valve Operators, Gate Frames Isolated Valves & Floor Stands OSHA Safety Yellow Fire Hydrants OSHA Safety Red Chemical Feed OSHA Safety Orange Chlorine System OSHA Safety Red Blower System OSHA Safety Blue Sanitary Drains AB05 Black * Sludge Pumps & Polymer System OSHA Safety Green Lift Station Piping OSHA Safety Green Office Complex Walls Wicker Office Complex Woodwork Kodiak * Future All submerged or partially submerged metal not HDG shall be painted with an AWWA approved paint as specified and shall be white. All chlorine lines and chemical feed lines shall be painted where exposed and shall be labeled C1 (for chlorine) and Alum (for chemical feed). Hot - dipped galvanized metal shall be finish painted where indicated on the Plans. Shop primer or coating must be compatible with field applied coating. Test for compatibility before applying field coat. If not compatible, remove shop coat to a SSPC -SP -3 or SSPC -SP -6 condition or apply a barrier coat of manufacturer supplied material. 03 -10 MAINTENANCE MATERIALS The Contractor shall provide a minimum of one (1) gallon of each color and each type of paint for maintenance use by the Owner. The paint shall be supplied in unopened factory sealed containers clearly labeled for identification. 03 -10 03 -11 PIPE MARKERS All repainted piping systems shall be identified as to content and direction of flow by use of pipe markers. This shall be done by the use of circumferential color bands around the pipe. In addition, all physical hazards within the scope of the project shall be identified by signs or markings as required by OSHA. The location and information on these markers shall be as directed by the Engineer. The markers shall be as manufactured by W. H. Brady Company, Seton Name Plate Corp., or approved equal. 03 -12 MEASUREMENT AND PAYMENT No separate payment for work performed under this section. Include cost of same in contract price bid for all items of which this work is a component. 03 -11 SECTION 04 - ELECTRICAL 04 -01 SCOPE The work covered by this section of the Specifications consists of furnishing all labor, equipment, supplies, and materials, including cutting, channeling, and chasing, necessary for the installation of a complete system for power and lighting and other systems as indicated, electrical service connections and electrical equipment, in strict accordance with this section of the Specifications and the applicable Plans, and subject to the terms and conditions of the Contract. 04 -02 APPLICABLE SPECIFICATIONS AND STANDARDS The following Specifications and standards shall form a part of these Specifications: National Board of Fire Underwriters, National Electric Code (Current Edition) Underwriter's Laboratories, Inc. (Standards) City of Round Rock Electrical Ordinance 04 -03 GENERAL CONDITIONS The electrical division of the work is a part of the general contract, and the general conditions, including any supplementary general conditions, which precede the main body of the Specifications shall govern all materials and labor to be furnished under this section of the Specifications and all procedures. 04 -04 PLANS AND SPECIFICATIONS The Specifications are accompanied by Plans showing the location of all outlets and the details of the proposed electrical installation. The Plans and these Specifications are complementary, each to the other, and what is called for by one shall be as binding as if called for by both. The Contractor shall, upon completion of the electrical installation, provide the Engineer with drawings and details of electrical work that differs from the Contract Documents. In case of conflict in the Plans and the Specifications, the one requiring the larger capacity or better quality shall. govern. All equipment requiring electrical power, specified under this or other sections of the Specifications or Plans shall be connected complete. 04 -1 The Contractor's electrician shall notify the Contractor of any additional frame work necessary to support the control panels per the Plans and Specifications. 04 -05 CODES, PERMITS AND INSPECTIONS The installation shall comply with all local and state laws applying to electrical installation, and with the regulations of the latest issue of the 1987 National Electrical Code, where such regulations do not conflict with the laws and local ordinances now in effect. These regulations shall be considered as minimum requirements of the codes above as a base, and all cost incident thereto shall be included in the Contractor's Bid. The Contractor shall obtain all permits and licenses required by the local ordinances and shall include the costs of all such permits, required for this installation in his bid. Upon completion of the work, the Contractor shall furnish the Engineer a certificate of final inspection and approval from the appropriate local inspection authority. All electrical components and switch gear shall meet the requirements of the Public Utility providing the power source for the electrical equipment. 04 -06 PROGRESS AND GUARANTEE The Contractor shall coordinate the progress of the electrical work with the progress of the work of the other trades on the job, and shall complete the electrical installation as soon as the condition of the Project will permit. The Contractor shall leave the entire electrical installation in proper working order and shall, without additional charge, replace any work or material which develops defects, except from ordinary wear and tear, within one (1) year from the date of the Owner's acceptance of the project. 04 -07 CUTTING: REPAIRING The Contractor shall do all cutting, channeling, patching, etc., incidental to the electrical work. He shall arrange with the General Contractor for all necessary work openings or closings. 04 -2 04 -08 BASIC MATERIALS AND METHODS All materials shall be new and shall conform with the standards of Underwriter's Laboratories, Inc. in every case where such a standard has been established for the particular type of material in question. All work shall present a neat and mechanical appearance when complete and shall be executed in a workmanlike manner. In all cases the work shall be done to the satisfaction of the Owner's representative. 04 -09 CONDUIT SYSTEM All above ground wiring installed on the project shall be run in an enclosed system of conduit unless specifically provided or necessitated otherwise by the conditions of the installation. Unless provided otherwise, all conduit shall be galvanized, heavywall, rigid metallic with fittings of corresponding quality and design as manufactured by Triangle, National Electric or approved equal and of sufficient size to meet code requirements for the conductors to be installed, but in no case smaller than 1/2 ". The conduit system shall be arranged and installed in such a manner as to give the facility the utmost degree of reliability and maintenance -free operation. The conduit shall have an appearance of having been constructed by competent workmen. Kinked conduit, conduit inadequately protected or swabbed, carelessly threaded and joined do not give such reliability and maintenance -free operation and shall not be acceptable. All conduit runs shall be exposed on walls and underside of roof slabs, unless indicated otherwise. All conduit runs shall be made parallel or at right angles to the building lines. All conduit ends shall be reamed out after threading and kept capped and dry during construction. All conduit shall be swabbed out before the wires are pulled in and only approved lubricants shall be used. Bends in rigid conduit shall be made with an approved bending device, unless factory bends are called for. Pipe sleeves of minimum No. 22 gauge galvanized steel shall be installed for all conduits that pass through concrete floors or walls. The sleeves shall be properly secured in place with approximately 1/4" space between each sleeve and the surface of the pipe. Where conduits enter the building underground from outside, Schedule 40, galvanized sleeves shall be used. The space between the sleeves and the conduit shall be caulked with a suitable plastic expandable compound that will prevent the entrance of moisture. 04 -3 1 I All conduit shall be equipped with double locknuts and steel body, plastic insulating bushings where such conduit enters panelboards, pull- boxes, junction boxes, wireways and the like. All conduits that enter into I equipment free of the metal cabinet work and also where indicated, shall be equipped with a grounding type insulated bushing. A copper grounding conductor shall I be bonded to the cabinet frame -work and to the grounding lug of the insulated bushing. Conduit shall enter all panelboards, pullboxes, junction boxes, outlet boxes and I the like straight and true. Conduit installed cocked or not plumb will not be accepted and work so installed shall be replaced by the Contractor. 1 Neoprene jacketed metallic - flexible conduit shall be used to extend conduit connections to all motors and other comparable pieces of equipment or as indicated on I the Plans. The length of flexible connections shall not exceed 36 inches. I All underground wiring shall be placed in direct burial Schedule 40 PVC rigid conduit using an approved grounding conductor installed in accordance with the recommendations of the manufacturer. All underground 1 conduit shall be encased in concrete 6 inches in all directions. I All underground conduit whether encased or not shall have minimum 3" wide warning tape installed 12" to 18" above the conduit. The tape shall be imprinted with the words "CAUTION ELECTRIC LINE BURIED BELOW ". 04 -10 CONDUCTORS I A complete system of conductors shall be installed in the raceway systems. Conductors, unless otherwise indicated, shall be thermoplastic- insulated type THWN or I THHN. Home runs may be combined in one conduit provided the characteristics of the voltages are identical, the number does not exceed more than three, provided all connections are in accordance with National Electrical I Code requirements and the maximum unbalanced current in the neutral does not exceed the capacity of the conductor. All conductors shall be copper. 1 04 -11 ELECTRICAL SERVICE SYSTEM The primary and secondary lighting and power service shall be as indicated on the Plans. The Contractor shall furnish and install the service and the service 1 1 04 -4 1 equipment as shown on the Plans. The Contractor shall furnish and install all enclosed safety switches complete with breakers where shown on the Plans. Items installed outside shall be weatherproof. 04 -12 GROUNDING SYSTEM The conduit systems and neutral conductor of the wiring system shall be grounded. The ground connection of the electrical system neutral and conduit system shall be made at the main service switch. A bare copper ground conductor, sized in accordance with the National Electrical Code, shall be provided. Secondary equipment in isolated locations shall be effectively bonded and permanently grounded. The ground shall serve for both the electric system and equipment when applicable. 04 -13 TEMPORARY POWER Temporary single phase power will be provided to the Contractor during construction. 04 -14 ELECTRICAL DISTRIBUTION SYSTEM Outlets shall be installed in the locations shown on the Plans. The Contractor shall study the construction Plans in relation to the spaces surrounding each outlet in order that his work may fit other work required by these Specifications. When necessary, the Contractor shall relocate outlets so that, when fixtures or other fittings are installed, they will not interfere with other work or equipment. - Zinc - coated or cadmium plated sheet steel boxes shall be used unless otherwise specifically noted or required. Boxes shall be installed in a rigid and satisfactory manner. Switch, telephone and receptacle outlet boxes, except where otherwise specified or required, shall be steel 2- inches deep. Switch and receptacle boxes containing not more than one device and no splices or tape may be of the "Handy" or "Universal" type. The device used in fixture boxes in wet locations shall be Crouse -Hinds or approved equal. Pull boxes shall be constructed of code -gage galvanized sheet metal, of not less than the minimum size recommended by the National Electrical Code. Boxes shall be furnished with screw - fastened covers. 04 -5 04 -15 BRANCH CIRCUITS Branch circuit conductors shall not be smaller than No. 12 AWG, except that conductors for branch circuits whose length from a panel to center of load exceeds 100 feet shall not be smaller than No. 10 AWG. Conductors for control circuits may be No. 14 AWG. Conductors shall be continuous from outlet to outlet and no splices shall be made except within outlet or junction boxes. Junction boxes may be utilized where required. Wire connectors of insulating material or solderless pressure connectors, properly taped, shall be utilized for all splices in wiring where possible. Soldered joints insulated with tape shall be kept to a minimum. Vinyl plastic tape shall be used where required. 04 -16 WIRING DEVICES (a) DUP1ex convenience receptacles shall be rated 20 amperes at 125 volts. Bases shall be constructed of gray pheonolic composition. Receptacles shall be both back and side wired. Mounting straps shall have plaster ears. Receptacles shall be of the grounding type, specification grade. All receptacles shall have a separate ground wire from the grounding screw to a grounding stud in the outlet box. (b). Wall switches shall be of the silver contact "A" type. Switching mechanism shall be complete within itself and shall not depend on mounting straps as a functional part of the switching action. All switches shall be specification grade. Switches shall be AC rated for 20 amperes or as noted. Single pole and three -way switches shall be rated 125 volts and shall have an ampere rating for the connected lamp loads. No switches shall be located behind doors without specific written authorization by the Owner's representative. 04 -17 LIGHTING FIXTURES Fixtures shall be as specified on the Plans, or approved equals. All fixtures shall be furnished complete with all fittings. Parts and stems shall be of the same manufacturer as the fixture on which they are used and shall be installed strictly according to the manufacturer's recommendations and /or as specifically detailed on the Plans. Any deviations from these specifications without specific approval from the Owner's representative shall be remedied without charge by the Contractor. All fluorescent ballasts shall be "P" rated (G.E., Westinghouse, or Jefferson). All ballasts shall be CBM, HPF, "A" sound- rating. 04 -6 04 -18 LAMPS Lamps shall be furnished and installed by the Contractor. Incandescent lamps and fluorescent tubes shall be as manufactured by Westinghouse, G.E. or Sylvania. Fluorescent tube color shall be cool white. 04 -19 OTHER SYSTEMS Other systems shall be as specifically indicated on the Plans. All empty conduits shall be provided with 200 pound test pull line. 04 -20 ELECTRICAL POWER EQUIPMENT 04 -20.1 Control Equipment The Contractor shall furnish and install all motor starter and electrical control equipment as noted on the Plans. All starters furnished shall be of the same make. 04 -20.2 Control Wiring The Contractor shall furnish and install all wiring. All control wiring shall be tagged in each box and at each termination. The controls shown on the Plans are for the convenience of the Contractor and may not be complete in all details for the equipment selected for installation. The Contractor shall coordinate all work and equipment installation to insure that all components of the electrical control system will perform their intended function and comply with the sequence of operation. All control wiring shall be installed in strict accordance with this and other paragraphs of the electrical specifications. Motor Disconnect Means: Each motor shall be provided with a disconnecting means. A safety switch shall be provided at each motor. Safety switches of 30 to 400 ampere capacity shall be of the enclosed, quick -make and quick -break type, horsepower rated and shall disconnect all underground conductors. Safety switches on the motors shall have NEMA 4X, fiberglass enclosures. 04 -7 04 -21 04 -21.3 Structure Lightning Arresters shall be furnished on services of this project. Such lightning shall be Thyrite type, G.E. 9L15BCO003 or suitable for the particular installation. arresters shall also be provided on motor motors 10 hp or greater. the secondary arresters approved equal Lightning feeders of Transformers may be required on certain installations where operating voltages other than that furnished by the power company are required. In such cases, the Contractor shall furnish and install the necessary transformer(s) which shall be Dry -Type General - Purpose of proper type and size for the intended load as manufactured by. G.E. or approved equal. Phase Monitoring Relays shall be furnished for all 3 phase motors 10 hp or larger to protect the motors from a phase unbalance or phase reversal on the 480 volt, 3 phase, incoming power service. Install the relays in the motor starter enclosures or in a separate enclosure. Cutler- Hammer Type "P ", Catalog #D60 -PNC, or approved equal, monitoring relays shall be used. Time Delay Relays shall be installed on all pump motor starters and be adjustable from 0 to 10 minutes for the start -stop cycle. MOTOR CONTROL CENTER 04 -21.1 Scope This work covers the furnishing of a 480 volt motor control center of the totally enclosed, dead front, free standing type. The motor control center shall be rated for operation on 480 volts, 3 phase, 60 Hz power and shall be made up of the number of sections with the number of spaces and control units in the arrangement shown on the Plans. 04 -21.2 Incoming Line The incoming line shall enter the motor control center as shown on the Plans and shall be cable connected to lugs suitable for copper or aluminum cable. Each section shall be a totally enclosed, dead front, free standing assembly, a nominal 91" in height, 20 " -21" 04 -8 1 ' deep front mounted units. Removable lifting angles shall be provided for handling. Each section shall contain a horizontal wireway at the bottom and a 1 vertical wireway with adequate cable supports for field wiring. All structure doors shall be hinged and shall be secured with quarter turn fasteners. 04 -21.4 Busses The entire bus system shall be braced to withstand a fault current of 42,000 RMS symmetrical amperes. Insulation sleeves shall be provided for the full length of all busses. 04 -21.5 Main Horizontal Bus 1 The main horizontal bus shall be copper, rated for 1000 amperes at 50 degrees C, maximum temperature-rise. The ' bus shall be effectively isolated from all wireways and working spaces and shall be supported on glass polyester, wet process procelain or suitable molded material insulators. Provisions shall be made for the t extension of the motor control center from both ends. Busses shall be pre - drilled for splices for bus extension. 04 -21.6 Ground Bus ' A full length copper ground bus shall be provided at the bottom of the control center. Lugs shall be provided at both ends of the bus for No. 4/0 copper cable for connection to the ground system. 1 04 -21.7 Wiring ' The motor control center shall be wired in compliance with the requirements for NEMA Class II, Type B. ' 04 -21.8 Operating Units Each operating unit shall consist of the devices shown on the Plans. Each unit shall have an individual, ' hinged front door. 04 -21.9 Interlocks 1 Starter doors shall be provided with mechanical interlocks to prevent unintentional opening of the door 04 -9 1 ' when the unit is energized and the accidental application of power when the door is open. An interlock defeat shall be provided for intentional I access or application of power. An additional interlock shall prevent the removal or insertion of a unit in the structure while the disconnect is in the ON or TRIPPED position. 1 04 -21.10 Locking ' Provisions shall be made to padlock each unit disconnect in the OFF position with a minimum of three padlocks. 04 -21.11 Combination Motor Controllers I Combination motor controllers shall be of the NEMA size indicated, full line start, closed transition type. I Each unit shall contain the number of auxiliary contacts, pilot and control devices listed below: t 1. Each starter shall be provided with a time delay relay adjustable from 0 to 10 minutes to delay the motor starting on both hand and automatic. ' 2. All starters shall be provided with pilot lights as shown, hand - off - automatic switches if indicated and for 10 hp and larger motors phase protection ' relaying to protect against loss of phase or phase reversal. ' 3. Provide two (2) NO and two (2) NC auxiliary switches for each starter. 4. Ampere meter, where indicated, with selector to monitor all three phases. 5. Elapsed time meter, where indicated, to indicate run time in hours. Circuit protection shall be provided by the type of thermal magnetic molded case circuit breakers as shown I on the Plans. Breakers shall be rated for a minimum of 30,000 RMS symmetrical amperes short circuit current. ' Starters shall be of the draw out type. Overload relays shall have ext6rnal, insulated reset I mechanisms. Overload heaters shall be provided and sized to coordinate with the actual full load current of the ' equipment furnished. 1 04 -10 Control power shall be provided by starter control transformers and relay contacts in the control cabinets. 04 -21.12 Nameplates Engraved laminated bakelite or anodized aluminum nameplates with 1/8' high white letters on black background for circuit designations shall be provided for the door of each unit including spares and spaces. Samples of nameplates with a complete schedule of nameplate sizes and lettering shall be submitted for the approval by the Engineer. 04 -21.13 Applicable Standards The motor control center shall be built and tested in complete compliance with the latest applicable standards of the American National Standards Institute, The Institute of Electrical and Electronics Engineers, the National Electrical Manufacturers Association and the Underwriters' Laboratories, Inc. The motor control center shall bear the Underwriters' Laboratories label. 04 -21.14 Factory Testing The motor control center shall be completely assembled and given the tests for operation, mechanical adjustment and dielectric tests in accordance with NEMA requirements. The correctness of operation of each circuit breaker, magnetic contactor, and control device shall be checked. These tests shall be made at rated voltage with power supplied to the main busses. Contactors shall also be checked for proper operation at 90% rated voltage. The motor control center may be disassembled, if necessary, for shipping. Each section shall be properly match marked to facilitate proper reassembly. 04 -21.15 Acceptable Manufacturers The following manufacturers are acceptable suppliers: Westinghouse Electric Corporation General Electric Company Square D Company Allen Bradley Siemens -Allis 04 -11 04 -21.16 Installation The Contractor shall install the motor control center as shown on the Plans on a 4" raised concrete pad. The motor control center shall be securely fastened to the pad using the manufacturer's recommended procedure. All bolts, nuts and screws shall be retightened to manufacturer's recommendations before power .isapplied to the motor control center. All external connections, both power and control, shall be made and verified with the Plans before power is applied to the motor control center. The motor control center shall be completely tested for proper operation after all connections have been made and verified. 04 -22 ELECTRIC MOTORS Electric motors shall be of the size and voltage shown on the Plans and shall conform to the standards of the American Institute of Electrical Engineers. Enclosures for motors shall be TEFC except for motors located within a building. For motors connected to pumps or drive units, the motor shall have thrust bearings of adequate capacity to safely carry the weight of rotating parts and any unbalanced thrust. 04 -23 SHOP DRAWINGS AND SUBMITTALS Complete electrical and dimensional drawings, along with a detailed functional description shall be provided prior to fabrication for approval by the Engineer. Complete catalog literature detailing component capabilities shall also be included. Complete manufacturer's information and catalog literature shall be submitted to the Engineer for approval before delivery of equipment to the job site for the following: (a) Wire and Cable (b) Lighting Fixtures 04 -12 1 (c) Conduit (d) Safety Switches 1 (e) Motor Control Center (f) All Controls and Cabinets 1 04 -24 EQUIPMENT FINISH All cubicles, cabinets, enclosures, brackets, doors, panels, hinges, and other items are to be thoroughly cleaned and a phosphatizing treatment shall be applied ' prior to the application of any paint. The phosphatizing shall chemically convert the metallic cabinets to a non - metallic phosphate coating. After the phosphatizing treatment has been applied, the primer ' shall be sprayed on to a minimum thickness of 1 mil. and flash baked for five (5) minutes at 300 degrees F. Paint applied over untreated metal is not acceptable. ' Finish coats shall then be applied over the baked on enamel to a thickness of 1 -1/2 mils. The units must then be rebaked thirty (30) minutes at 300 degrees F. or adjusted equivalent. The color shall be selected by the 1 Engineer from the equipment manufacturer's standard color chart. 04 -25 ELECTRICAL SERVICE 04 -25.1 General The Owner will make arrangements with Pedernales Electric to locate and provide 3 phase underground and overhead power service at the wastewater plant site. 1 The Owner will pay for all fees charged directly by Pedernales Electric for equipment and labor supplied to provide such service. 1 04 -26 GUARANTEE All electrical and control equipment shall be guaranteed 1 against defects in material and workmanship for a period of one (1) year from the date of system acceptance. 04 -27 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract prices bid for all items of which this work is a component part. 1 1 04 -13 1 SECTION 05 - SHOP DRAWINGS, SUBMITTALS, OPERATING MANUALS AND SERVICE 05 -01 NUMBER OF SUBMITTALS Without limiting the requirements of any other item in these Specifications, three (3) sets of Shop Drawings shall be submitted by the Contractor to be retained by the Owner and Engineer. The Contractor shall submit an additional number of submittals based on the number that are to be returned. Shop Drawings shall be submitted in accordance with the General Conditions of these Specifications. 05 -02 EQUIPMENT. MATERIALS AND DESIGN SUBMITTALS REQUIRED Equipment, material and /or design submittals are required on all supplied items for approval by the Engineer and the Owner. The items to be submitted shall include but not be limited to the following: Thickener Paint System 05 -03 REQUIREMENTS All equipment manufacturers and material suppliers shall furnish complete shop drawing information for approval prior to any equipment fabrication. Shop drawings shall be completely legible and must be approved prior to fabrication. Submittals will include the following items: 1. Equipment and material drawings for major equipment shall be full size prints (24" x 36 ") with dimensions, weights, anchor bolt settings, pipe connections, materials and protective coating specifications. 2. List of anchor bolts, sizes, lengths, etc. 3. Instrument catalog cuts, specification sheets, wiring diagrams, and calibration instructions. 4. Valve catalog cuts, dimensions, and material specifications. 5. Control schematics. 6. Complete assembly drawings. 05 -1 7. Calculations confirming the hydraulics of the complete treatment plant system. 8. A table showing lubrication schedule with frequency for all equipment being supplied. The required lubricants shall also be listed. 9. Location of nearest service center with name of company, contact personnel, and telephone number. 05 -04 OPERATION AND MAINTENANCE MANUALS Six (6) sets of complete Operation and Maintenance Manuals shall be supplied by the equipment manufacturer at the time of shipment. Manuals shall be submitted for approval by the Engineer. 05 -05 SERVICE The equipment manufacturers shall provide the services of a technical service representative to inspect and adjust the completed installation and to instruct the Owner's personnel in the care and operation of the equipment specified herein. The manufacturers shall maintain a service organization available on call with spare parts from local stock. All equipment provided on this project shall be guaranteed against defects of material and workmanship for a period of one (1) year from date of acceptance of the project by the Owner. Field service shall be included in each equipment manufacturers bid to check out the installed equipment, place it in operating service and provide start -up and maintenance instruction service to the plant operating personnel. Field service time is not intended to include any time in the field required to correct fabrication or installation errors, and any changes resulting from time required for this must be resolved between the manufacturer and /or equipment supplier and the General Contractor. The equipment manufacturer shall coordinate all field service trips with the General Contractor and the Owner's representative. 05 -2 1 05 -06 AS BUILT DRAWINGS The Contractor shall furnish the Engineer one (1) set I of marked -up Plans showing all the changes and deviations made to the original Plans during the construciton of this Project. Dimensions shall be provided where necessary to properly locate all 1 structures, pipelines and appurtenances. Three (3) sets of electrical as built" wiring I diagrams shall also be furnished to the Engineer for all equipment and controls by the Electrical Subcontractor through the General Contractor. ' The Engineer will record the changes, include the electrical diagrams on the original Plans and provide the required sets of "as built" Plans to the Owner. I 05 -07 MEASUREMENT AND PAYMENT I No separate payment for work performed under this Item. Include cost of same in contract prices bid for item of which this work is a component part. 1 1 1 1 1 1 1 1 1 1 05 -3 1