R-89-1291 - 5/25/1989WHEREAS, the City of Round Rock has requested bids for the Loop
384 utility adjustments on South Mays Street, and
WHEREAS, H & H Concrete Construction Company has submitted the
lowest and best bid, and
WHEREAS, the City Council wishes to accept the bid of H & H
Concrete Construction Company, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the bid of H & H Concrete Construction Company is hereby
accepted as the lowest and best bid, and the Mayor is hereby
authorized and directed to execute on behalf of the City a contract
with H & H Concrete Construction Company for the Loop 384 utility
adjustments on South Mays Street.
RESOLVED this 25th day of May, 1989.
ATTEST:
NE LAND, ity Secre ary
C43RESH &HCO
RESOLUTION NO. / a 9 /
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DESCRIPTION Water Line Relocations
Lower 12" Lines
Lower 8" Lines
Lower 8" Line
Trench Safety
TOTAL BASE BID
on South Mays
UNIT
L.S.
L.S.
L.S.
L.F.
APPROX.
QUANTITY
$ 10 , 800.00
$20,000.00
$ 52000.00
$35,262.50
Haegelin Construc-
tion, Inc.
Bid Bond? Yes
UNIT
PRICE COST
$ 8,3:0.68 $ 8,360.00
$ 4.657.5C $18,630.00
$ 5,200.0; $ 5,200.05
$2.00 $ 150.00
$32,280.02
* This uni.: prix ext
Capitol City Parker & Rogers
Utilities, Inc. Construction Co.
Bid Bond? Yes
UNIT
PRICE
$10,000.
$ 5,000.
$ 5,080.
$3.50
Bid Bond? Yes
UNIT
PRICE COs'
$ 9,60.00 $ 9,600.00
$ 5,209.00 $20,800.00
$ 7,200.00 $ 7,287.60
$ 5.03 $ 375.60
$37,975.00
UNIT
PRICE
$ 9,800.80
$ 7,050.00
$ 8,8:0.00
$ 15.00
COST
$ 9,8:0.62
$28,203.0
6 8,800.80
$ 1,125.00
$47,925.0
UNIT
PRICE
CONTRACT
BID DATE
LOCATION
THE CTL'Y OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
221 East Main Street
Round Rock, Texas 78664
(512) 255 -3612
Loop 384 Utility Ad justment
5/16/89
City Council Chambers
TIME 2:00 P.M.
BID TABULATIONS
BIDDERS
Rhode Construction
Company
Bid Bond? Yes
BIDS EXTENDED AND CHECKED
BY: Daniel L. HaYen
DATE: 5/16/89
SHEEP 2 OF 2
_ THE CTrY OF ROUND ROCK
� gocK rF PUBLIC WORKS DEPARTMENT
G ° " 221 East Main Street
Round Rock, Texas 78664
N 0E0 (512) 255 -3612
BID TABULATIONS
CONTRACT Loop 384 Utility Adjustments
BIDDERS
BID DATE 5/16/89 TIME 2:00 P.M.
H &H Concrete
Construction Co.,
Inc.
Bid Bond? Yes
Reddico Construe-
tion, Inc.
Bid Bond? Yes
Hartcraft
tion
Bid Bond?
(Cashiers
Construc-
Yes
IfJC1PION City Council Chambers
DESCRIPTION Water Line Relocations
on South
Mays
Check)
ITEM -
UNIT
APPROX.
QUANTITY
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
Lower 12" Lines
L.S
1
6 500.00
2 1.00
d so so
7: y. CO
5 150 1!
N1
100.11
0118 OS
"7 500.00
7 503 03
Lower 8" Lines
L.S.
4
2 125
:50000
Lower 8" Line
5.S.
1
1 :.00
01 (
_ co
All 11
5 60.00
Trench Safety
L.F.
75
1.03
75.00
$11.00
$825.00
56.67
$ 500.00
TOTAL BASE BID
$19,575.00
$21,425.00
$22,100.00
is unit pri.-
extrapolatad
fmx total ...
listed
for this item.
BIDS EXPENDED AND CHECKED
BY: Daniel L. Halden
DATE: 5/16/89
SHEET 1 OF 2
$6,
$4,
ound
es Co.
d? Yes
COST
$6,000.00
$12,800.00
$4,000.00
$750.00
$23,550.00
Austin Engineering
Company, Inc.
Bid Bond? Yes
UNIT
PRICE
$5,600.00
$4,000.00
$4,450.00
COST
$5
16,O00.02
$4,400.00
$2.50
$150.00
$26,150.03
Undergr
Utility
Bid Bon
UNIT
PRICE
000.O0
relocations.
DATE: May 23, 1989
SUBJECT: Council Agenda, May 25, 1989
ITEM: 13J. Consider a resolution authorizing the Mayor
to enter into a contract for the Loop 384
Utility Relocations.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
To enter into a contract with H & H for the construction of these
ECONOMIC IMPACT:
As a result of the Highway Department project which will improve
South Mays Street, the City is required to relocate certain
utilities which are in conflict with the proposed design.
CITY OF
ROUND ROCK
PUBLIC WORK
PROJECT
LOOP 384
UTILITY ADJUSTMENTS
SPECIFICATIONS AND
CONTRACT DOCUMENTS
LOOP 3x94 UT:TUTY r,D USr.,e,'iT
Table of Contents
Section Description Page
1.0 Notice to Bidders NB-1
2.0 Bid Documents BD -1
3.0 Post Bid Documents P B D-1
4.0 _enral Condition 00 -1
5.0 Special Conditions SC -1
5.0 Technical SpeciEications T= -i
NOTICE 20 BID DEK.S
:;eale:.i proposals addressee' to the City Manager, City of Roun,;
Roc'.., 2.21 Nast fain Street, Round Rock, Texas, 79664., for furnishing all
Labor, material and equipment and 2erformin9 all work required for the
prckct titled LOOP 324 UTILITY ACJUSTNSENTS (Project involves
lowering 06 water mains at 02x point locations along Busing Hichwav 21)
wiLL be receives? until "Say 16, 1989 at 2:00 P.M. then publicly oven ao and
read aloud. No bids may be withdrawn after the scheduled opening time.
Any bids received a :heduled bid opening time will he returnee
unopened.
Bins. must be submitted on City of Round Rock proposal forms and
must_ be accompanied by an acceptable bid security as outlined in the
Instructiorn to Bidders, payable ill the City of Rour,: Rock, Texas, equal
to five percent (5g) of the total big, ar:ount. Plans, Pro,c201
Specifications, and Inscructiore to Bidder's may be obtainio fro:: the
Der art? ;ent of Public works, 300 South Blair, in Round Rock, Texas,
f,egilnino 'day 2, 1966 for a nonreiunaable ctar2e of 910.00 per
In can of ambiguity, duplication, or obscurity On the bids, the City
of Round Rock reserves the right to construe the meaning thereof. The
City of Round Rock further reserves the right to reject any or a31 kits
and waive any informalities and irregularities in the bids received.
The succe iu1 bidder will be expected to execute the standar,:
contract prepared' by the City of Round Rock, and to furnish rer`_orr ance
and payment bonds as described in the bid. documents.
Pub. Dates:
JOANNE LAND
City Secretary
City of Round Rock
NB -1
Ir =3 'P20CrIOD;S TO ETD F.: S
Prior to suxritti.no any proposal, bidders are required to read tre
plans, soedfications, proposal,. contract and bond forms carefully; to
inform themselves by their independent research, test and investigation of
the difficulties to be encountered and judge for themselves of the
accessibility of the work and all attending circumstances affecting the
cart of doing the work and the time ruined for its completion and
obtain all information required to make an intelligent proposal.
2. Should the bidder find dis repancian in, or omissions from, the
plans, specifications, or other documents, or should he bo in doubt as to
their meaning, he should notify at once the Engineer and obtain
clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his :id is
received at the place and time named in the Notice to Bidders. Bids
received after doting time will be returned. unopened.
4. Bids shall be submitted in &alad envelopes plainly marked "Sealed
Bid" and showing the name of the project, the job number if applicable,
and the opening date and time.
5. Bids shall to submitted on proposal_ forms furnished by the City of
Round Rock.
6. All proposals shall be accompanied by a certified cashier's check
upon a National or State bank in an amount not lesn than five percent
(5 %) of the total maximum bid price, sayable without recourse to the City
of Round Rock, or a bid bond in the same amount from a reliable surety
company, as a guarnatee that the bidder will enter into a contract and
execute performance and payment bonds, as stipulated by item 11. below,
within ten (10) days after notice of award of contract to trim. Proposal
nnarantees rr be submi+ ^d in the same sealed envelope with the
props al ProponeTh submitted without check or bid bonds will not to
considered.
7. All hid securities will be returned to the respective bidders within
twenty -five (25) days after bids are opened, except those which the
owner elects to hold until the successful bidder has executed the
contract. Thereafter, all remaining securities, including security of the
succe bidder, will be returned within sixty (60) days.
8. Until the award of the contract, the City of Round Rock reserves
the right to reject any and all proposals and to waive technicalities; to
advertise for new proposals; or to do the work otherwise when the best
interest of the City of Round Rock will be thereby promoted.
BD-1
9. In case of ambiguity or lack of clarity in the statement of prices ir,
the bids, the City of Round Rock reserves the right to conkder the mat
favorable analysis thereof, or to re ct the bid. Unreasonable (or
unbalanced) prices submittal in a bid may re in rejection of slich ulo
or other bids.
10 Award of the contract, if awarded, will be Trade within sixty (60)
days after opening of the prop_ols, and no bidder may withdraw his
proposal within said s (60) day period of time unle. a prior award is
made.
11. Within ten (10) days after written notification of award of the
contract, the succ bidder must furnish a performance bond and a
payment bond in the amount of one - hundred percent (100%) of the rot`1
contract price. Provided however, if the contract price is le than
550,000.00, the bidder shall have the option of providing a letter of
credit in lieu of a performance bond, said letter of -edi` in a form
acceptable to the City of Round Rock. Said performance bond, or letter
of credit, if applicable, and payment bond shall be from an approved
surety company holding a permit from the State of Texas to act a'= curet;
(anc) acceptable according to the latest list cf connaninn hnidi
certificates of authority from the Security c5 the Tr of the United
States) or other surety or sureties acceptable to the Owner, with
approval prior to bid opening.
12. If the total contract price is less than $25,000.00 the perforcanc
and payment bond requirement_ will. be waived by the City of Round Rope.
Payment will_ be made following completion ci the work.
13. Failure to execute the construction contract within ten (10) day; of
written notification of award or failure to furnish the performance bone.,
or letter of credit if applicable, and payment bond as required by item 11
above, sha]l be just cause for the annulment of the award. In case of the
annulment of the award, the proposal guarantee shall become the property
of the City of Round Rock, not as a penalty, but as a liquidated damage.
14. No contract shall be binding upon the City of Round Rock until it
has been signed by its Mayor after having been duly authorized to do so
by the City council
15. The Contractor shall not commence work under this contract until
he has furnished certification of all insurance required an such has been
approved by the City of Round Rock, nor shall the contractor allow any
subcontractor to commence work on his subcontract until proof of all
similar insurance that is required of the subcontractor has been furnished
and approved.
BD -2
16. Any quantities given in any portion of the contract documents,
including the plans, are estimates only, and the actual amount of work
required may differ e rnewhat from the estimates. The basis for the
payment shall be the actual amount of work done anc /or material
furnished.
17. No Texas sales tax shall be included in the prices bid for work
under this contract. This contract is issued by an organization which is
qualified for exemption pursuant to the proviisons of Article 10.04 (n) of
the Texas Limited Sales, Excise and Use Tax Act. The contractor
performing this contract may purchase, rent or lease all materials,
supplies, equipment used or consumed in the txrformance of this contract
by issuing to his supplier an exemption certificate "omplying with State
Comptroll r'E ruling 095 -0.07. Any such exemption certificate issue; b..�
the cont in lieu of the tax shall be sub act to the provisions of the
State Comptroller's ruling #95 -0.09 as amended to be effective July 1,
1979.
1 °. No conditional birds, will be accepted.
50-3
and firmly bound unto the
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
, as PRINCIPAL and
, as SUR and held
, hereinafter referred to as the
"OWNER ", in the penal sum of five percent (5%) of the total amount of
the bid of the PRINCIPAL submitted to the OitiNER, for the work
described below; for the payment of which sum in lawful money of the
United States of America, well and truly to be made, we bind ourselves,
our heirs, executors, adminitrators, successors and assigns, jointly and
severally, firmly by the presents. In no case shall the liability of the
SURETY hereunder exceed the sum of $
The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said
PRINCIPAL has submitted the above mentioned bid to the O''4NER, for
construction for the work under the "SPECIFICATIONS FOR
CONST'RUC'TION OF
, for which bids are to be
opened at the ofice of the OWNER on ,1989.
NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within
the time and manner required under the heading "instructions to Bidders ",
after the prescribed forms are presented to him for ignature, enters into
a written agreement, substantially in the form contained in the
Specifications, in accordance with the bid and files the town bonds with
the OWNER, one to guarantee faithful performance and the other to
guarantee payment for labor and materials, then this obligation shall be
null and void_, otherwiee, it shall be and remain in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgement
is recovered, said SURETY shall pay all cots incurred by the OWNER in
such suit, including a reasonable attorney's fee to be fixed by the Court:.
In WITNESS 4 HEREOF, we have hereunto set our hands and seal this
day of 1989.
Principal Surety
By: (Seal) By: (Seal)
BD-4
1
1
J0 LOCATION: Round Roc'., ', County, Texan
City of Round Rock, Texas
I DATES: Ray 1989
Gentlemen:
1
1
PRCPOSAI. EIDDINC SHEET
JCS RA,.R- Loop, 384 Utility Adjustment
P ursuant to the `oreooing Notice to Bidders ant Instructions to
Bidders, the undersigned bidder hereby proposes to do all the work, tc
furnish all necessary superintendence, labor, machinery, equipment,
tools, materials insurance and miscellanous items, to complete all the
work on which he bias as provided by the attached supplemental
specifications, and as shown on the plans for the construction at Loot
I 381 Eti11 y Adustment_e and binds himself on acceptance < _
proposal. to execute a contract and bond for co inc ,.a_.. jeci
U:ithin the _iH,e stated, for the following price to wit.
1 cA _t P,ID
I Pig Item', Description Un
Tteo Juar;ritv Unit and Written Unit Price Prig r r:.ouct
1. 1 ,-.o. Lowering of 12" water
lines at. ttat.ion;;
45+95, including excava-
tion, new valve, oine,fittins,
beading, concrete cap,
block> backfill,
traffic control and re-
soration, complete in
place, er lump sue .
'+ hIX TNtxtc,aND
tt LL IJb7.�l> Dollars
1 anc ion rents $ G,5xo.'zx s so°.,
y L.S. Lowering_ of 8" water
line at stations 49 + 05,
49 +60, 50 +65,an:9 53 +20,
including excavation, new
pipe, fittings, bedding,
concrete cap, blrckina,
fill, traffic control and
restoration complete in
place,oer lump sum.
for - T,00 I
41At)n5eD P - Dollars
and ti7o Cents $ 42.50.c S 5, 66e, Cr7
BD-5
I
1
1
1
1
1
Bid Item Description Unit
'
Item Quantity Unit and Written Unit Price Price Amount
3. 1 L.S. Lowering of 8" water
line at station 51 to 6,
including excavation, new
pipe, fitting: bedding,
concrete cap, blocking
backfill, traffic control
and restoration complete in
place, per lump sum.
for Fou r Tl Sca iD
Dollars
and Cents S qCaj.oO S v
1
1
1
1
1
1
1
1
1
1
1
1
1
4.
Safety Systems for exca
vationr and trencher (all
depths exceed$in❑ 5 er t) ,
in actor fiance with the -._i i-
aticn: com3lete in place
ter linear foot.
for
and
`Total hese bid i_em.. (Items 1 ,_,3, & 4)
ND Cents S 1,0
rD - 6
75,
I' 9, 5 75,
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
If this proposal is accented, the under.sionef agree._ to execute ti o
contract and provide necessary' bonds and insurance certiticatien as
per the Instructions to Bidders and commence work within ten (10) da
after :ritten Notice to Proceed. The undersigned further agrees tc
cor^,_lete the work in full within tl;irty (30) calendar days after t'.':;
date of the written Notice to Proceed.
The and rsicned certifies that the bid prices containet
(iropoeal ..ave been carefully checked and are subicitteri as correct -sr.
final_, Tha owner reserveF the ricbt to reject any or all bin=
ar,7 i:iiicrnalitieo.
.._ca.', Sub-ir .itteu,
7I7.es1 ber7T
Ti=le for:
}� F L o) (°0051-'
Kane
BD -7
F po,c (o4 =c (9909 F17'i - Ind °69>
tlu�Th1) Ikx3S 7 S7hZ
Adcnr ss
(512a) J21c, - 0580
Telephone
Secretary, i
Corportatcn
COrILLaCtOr 3
INFORMATION REQUIRED OF BIDDER
(Shall be submitted prior to award of contract. Failure to submit prior to award of
contract shall be cause for rejections of bid.)
The bidder is required to supply the .oiiowing information.
Additional sheets may be attached if necessary.
(1) Name t1 .OtuC.ZC Le C �C'(VS1 ZLLCTLVIv ef:), I(.%C.
(2) Address k4foC - (9909 FM PA 96.0 RaSi il), 7L2
(3) Phone Number ( 926 - (aSSCo
(4) Type of Firm:
( ) Individual, ( ) Partnership, () Corporation
(5) Corporation organized under the laws of the State of
(6) List the names and addresses of all members of the firm or names
and titles of all officers of the corporation.
ordr) 1 i esi )eke
x:13 p,1 e M IJ
(7) Number of years experience J� �N�ZS
(8) List at least three (3) projects completed
Contract Amount /Class of Work /Date Complet
Owner:
$ c ti33. e
SA-1, e�
$ �
9. S
E E 9, o a wv oal`vac --e. �U
$ I, cs al-2. 0- Wave Z� O
(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:
BD -8
1 Tfzeas
as of recent date:
ed /Name and Address of
IQ�UIS tJv ( Gae
t �,_ t �tb
3 ST 1 E
sT ln.
za cX IC C�r�
il2auN
- a c Sti t T 78
� ee5j
1
(10)
(11)
1
1
1
1
1 (12)
1
1
1
1
1
1
1
1
1
1
Payment of taxes, in the State of
t IPTA` C'GUCC i c' fir_: "'
Yes No
List all jobs you performed in which a trench failure injury
occurred:
t:,G1,DP_-
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.
Above information is accurate and correct to the best of my knowledge.
For: n E �I Cf -C 12E1f' (vOcg' (_e`)
BD - 9
Title
Date: w��� l b I .5.;�9
THE SPATE OF TEXAS
ccuNPY OF WILLIAMSON )
KNOW ALL MEN BY THESE PRFSENPS
That this Agreement made and entered into this day of
A.D., 19 , by and between the CITY OF ROUND ROCK, TEXAS, its Mayor,
First Party, hereinafter termed the Owner, and ij /1 a.„ I c'edr �c .,c ,
of the City of 40,4:14 , County of T
State of Texas , Second Party, hereinafter termed the
Contractor.
WITHNESSETH: That for an in consideration of the payments and
agreements hereinafter mentioned to be made and performed by said First
Party (Owner), the said Second Party (Contractor) hereby agrees with the
First Party to commence and complete the construction of certain
improvements at the prices set forth in the Contractor's Proposal dated
Nix./ )95'? for certain improvements described as follows:
The Contractor shall perform all work shown on the Plans and
described in the Specifications and shall meet all requirements of this
Agreement, the General and Special Conditions of the Contract; and such
Orders and Agreements for Extra Work as may subsquently be entered by the
above named parties to this Agreement.
The Contractor hereby agrees to commence work under this contract
within 5 consecutive calendar days after the date of the Notice to Proceed
given to the Contractor and shall cause work to progress in a manner
satisfactory to the Owner. Such work shall be completed in full within 30
calendar days after the date of the written Notice to Proceed. Time is of
the essence to this contract.
The Notice to Bidders
The Instructions to Bidders
The Proposal and Bidding Sheets
The Performance and Payment Bonds
The Certificate of Insurance
The General Conditions of Agreement
PB
The Owner agrees to pay the Contractor in current funds, and to make
payments on account, for the performance of the work in accordance with
the Contract, at the prices set forth in the Contractor's Proposal,
subject to additions and deductions, all as provided in the General
Conditions of the Agreement.
The following documents together with this Agreement, comprise the
Contract, and they are as fully a part thereof as if herein repeated in
full:
The Special Conditions of Agreement
The Technical Specifications
Addenda
Change Orders
The Plans
The Basis of Measurement
and Payment
AGREEMENT- continued
IN WITNESS WHEREOF the Parties to these presents have executed this
Agreement in the year and day first above written.
ATTEST:
By :41,
y Secretary
PBD -2
CITY O ROUND ROCK, TEXAS, OWNER
By: 1 /a
1 t E H C e&
Contrac or
Mayor
i
1
1
1
1
1
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
THAT,
City of , County of , and State of
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto the City of Round Rock, Texas, here-
inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum
of Dollars ($ ) for
the payment whereof, the said Principal and Surety bond themselves, and their
heirs, administrators, executors, successors and assigns jointly and severally,
by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of , 19 , to which contract
is hereby referred to and made a part hereof as fully and to the same extent as
if copies at length herein consisting of:
of the
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform said contract and shall, in all respects, duly and faith-
fully observe and perform all and singular the convenants, conditions and agreements
in and by said Contract, agreed and convenanted by the Principal to be observed and
performed, including but not limited to, the repair of any and all defects in said
work occasioned by and resulting from defects in materials furnished by or workman-
ship of, the Principal in performing the work covered by said Contract and occurring
within a period of twelve (12) months from the date of the Contract Completion
Certificate and all other covenants and conditons, according to the true intent
and meaning of said Contract, and the Plans and Specifications hereto annexed, then
remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copies at length herein.
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract, or to the work per-
formed thereunder, or the plans, specifications, or drawings accompanying the
same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of tine, alteration or addition to
the terms of the contract, or to the work to be performed thereunder.
PBD -3
PERFORMANCE BOND (CONTINUED)
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
' instrument this day of , 19_
Principal Surety
By By
Title Title
ii Address Address
li
li The name and address of the Resident Agent of Surety is:
1
1
1
1
1
1
i
1
1
PBD - 4
1
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THAT,
Principal
By
Title
Address
PAYMENT BOND
Ili
i
i
ii of the City of
County of and State of
as principal, and
ii
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter
called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of
Dollars ($
ii for the payment whereof, the said Principal and Surety bond themselves, and
their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
li WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of , 19 , to which contract .is
ii hereby referred to and made a part hereof as fully and to the same extent as
if copies at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin=
ii cipal shall pay all claimants supplying labor and material to him or a subcon-
tractor in the of the work provided for in said contract, then, this
obligation shall be void; otherwise to remain in full force and effect;
i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities
ii on this bond shall be determined in accordance with the provisions of and
said Article to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract, or to the work per-
formed thereunder, or the plans, specifications or drawings accompanying the
same shall in anywise affect its obligation on this bond, and it does hereby
1 . waive notice of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this Instrument this day of , 19 ' ,
The name , sires. of the Resident Agent of Surety is :
PRO- 5
KNOW ALL MEN BY THESE PRESENTS
Surety
Of .- CERTIFICATE OF INSURANCE
PRODUCER
SHELTON INSURANCE AGENCY, INC.
P. 0. Box 2727
Corpus Christi, Texas 78403
ISSUE DATE (MM1DD/YY)
5/26/89 if
THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO UPON THE CERTIFICATE
EXTE OR ALTER THE COVERAGE AF BY THE P O O ILICf S DE AMEND,
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A Providence Washington Insurance Co.
COMPANY B
LETTER
INSURED
H & H Concrete Construction Co., Inc.
etal
P. 0. Box 6460
Austin, Texas 78762
OVERAGES
COMPANY
LETTER C
COMPANY
LETTER
COMPANY E
LETTER
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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
0 TYPE OF INSURANCE
POLICY NUMBER
WAWA
GATE (11'.1 /DDM'
TAN :27
oAif (MM /OD(YYI
ALL LIMITS IN THOUSANDS
GENERAL
X
LIABILITY
COMMERCIAL GENERFLLIABILITY
TGX429853
5/24/89
5/24/90
GENERAL AGGREGATE
$2,000,0C
$2,000,OC
PRDDUCIS.COMP /OPSAOGRFGATE
!CLAIMS MADE nOCC;RRH'CE
PERSONAL 8 ADVLST SING IA.IURY
$1,000,OC
$1000 OC
EACHDCCURTENCE
OWNER 'S &CONTRACTORSPRCTEOTIVE
IRE DA'5AGE (055 ONE EIIL)
$ 50,0C
$ 5,0C
MEDICAL E %CENSE LAO' ONE PE A005)
AUTOMOBILE
A X
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
TAX352809
5/24/89
5/24/90
$ 1,000,000.0
y
,.
'
s g
/00ILY
4m.
$
EN
P
�CC DEN➢
$
PROPERTY
OpMAGE
EXCESS
A X
LIABILITY
OTHER THAN UMBRELLA FORM
CU 796475
5/24/89
5/24/90
L3 h - N ' - °
r
AL,
$ 1,000 0 0,E
,
ATE
$ 1,000,
WORKERS COMPENSATION
AND
EMPLOYERS' LIABILITY
To Follow Under
Seperate Cover
Assigned Risk Pool
11/12/88
11/12/89
STATUTORY
$ IEACP ACCIDRan
$ i ,SEAS` - FOLIC, IIMIf
$ IOISSASE =AGM EMPAOYEEI
OTHER
DESCRIPTION OF OPERATIONS( LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS
1 4audLN'381:LNIPA.,
ORD 25 -S (11/85)
*J IIR /ACORD CORPORATION 198
City of Roundrock
214 E. Main Street
Roundrock, Texas 78664
am a
d,IN4RWAIL.1,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE SHEL INSURANCE AGENCY, INC.
TYPE OF
INSURANCE
POLICY
NO.
EFFECTIVE
..DATE. ..
EXPIRATION
.. DATE.... .
.LIMITS.OF.LIABILITY
Workmen's
Compensation
Statutory, State of
Texas , $
Employer's Liability
Comprehensive
General
Liability
Includes
Contractual
-- - Liability -
Covers
Independent
Contractors
Owner's a
Protective
.
.
.
Bodily Injury
$ ._ each person
$ each person
Property Damage
$' '''-' each accident
$ aggregate
Bodily Injury
$ ... -.. each person
$ each accident
Property Damage
$ - -- --'each accident
'$ aggregate -
Comprehensive
Automobile .. _
Liability--.-
Owned
Vehicles
Hired
Vehicles
Non -owned
Vehicles
Includes
Contractual
Liability
.
,.�
Bodily Injury : -- -
. .. _
$ .. :. each person J:
$ each accident
Property Damage
$ - e ach accident
.
k
CERTIFICATE OF INSURANCE
TO: City of Round Rock
214 East Main Street
Round Rock, Texas 78664
Date:
Description of Work:
THIS IS TO CERTIFY THAT is, at the date of
this certificate, insured by this company with respect to the business opera-
tions hereinafter described, for the types of 'insurance and in accordance with
the provisions of the standard policies used by this company, and further here-
inafter described. Exceptions to standard policies are noted on the reverse
side hereof.
PBD - 6
1
i
J.
CERTIFICATE OF INSURANCE (CONTINUED)
The above policies either in the body thereof or by appropriate endorsement provide
that they may not be changed or cancelled by the insurer in less than ten (10) days
after the insured has received written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively amends, extends,
or alters the coverage afforded by policy or 'policies indicated by this certificate.
PBD -7
(Name of Insurer)
By:
Title:
Address:
Principal
by
BOND NUMBER
That we,
MAINTENANCE BOND
Surety
by
PBD - 8
AMOUNT
KNOW ALL MEN BY THESE PRESENTS,
(hereinafter called the "Principal")
as Principal, and the , a copcsation duly
organized under the laws of the State of , and duly liter ed
to transact business in the State of (hereinafter called the
"Surety'), as Surety, are held and firmly bound unto
THE CITY OF ROUND ROCK, TEXAS
(hereinafter called the "Obligee "),
in the sum of
dollars
($ ),for the payment cf which aim well and truly to be made,
we, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these
presents.
Sealed with our seals and dated this day of ,A.D.
nineteen hundred and
WHEREAS, the c3id Principal has heretofore entered into a contract with
dated , 19 , for oonstructian of
W HERE AS, the said Principal is required to guarantee the construction of street
improvements installed under said contract,, against defects in ma}erials or
workmanship, which may develop during the period of year(S) from the
date of acceptance of the project above described, by owner
THE CITY OF ROUND ROCK, TEXAS
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if
said Principal shall faithfully carry out and perform the said
g u a r a n t e e , and
shah, on due notice, repair and make good at its own expense any and an
defects in materials or workmanship in the said work which may develop during
the period of _year(S) from the date of acCeptance'of the pxrrject above
described, by owner
THE CITY OF ROUND ROCK, TEXAS
or shall pay over, make good and reimburse to the said Obligee all ice, and
damage which said Obligee may sustain by reason of failure or default of said
Principal so to do, then this obligation shall be null and void; otherwise shall
remain in full force and effect.
4.0 GENERAL CONDITIONS
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Contents
1. Definition of Terms
1.01 Owner, Contractor and Engineer
1.02 Contract Documents
1.03 Sub - Contractor
1.04 Sub-Subcontractor
1.05 Written Notice
1.06 Work
1.07 Extra Work
1.08 Working Day
1.09 Calendar Day
1.10 Substantially Completed
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
2.02 Professional Inspection by Engineer
2.03 Payments for Work
2.04 Initial Determinations
2.05 Objections
2.06 Lines and Grades
2.07 Contractor's Duty and Superintendence
2.08 Contractor's Understanding
2.09 Character of Workmen
2.10 Contractor's Buildings
2.11 Sanitation
2.12 Shop Drawings
2.13 Preliminary Approval .
2.14 Defects and Their Remedies
2.15 Changes and Alterations
2.16 Inspectors
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
3.02 Ownership of Drawings
3.03 Adequacy of Design
3.04 Right of Entry
3.05 Collateral Contracts
3.06 Discrepancies and Omissions
3.07 Equipment, Materials and Construction Plant
3.08 Damages
3.09 Protection Against Accident to Employees and the Public
3.10 Performance and Payment Bonds
3.11 Losses from Natural Causes
3.12 Protection of Adjoining. Property
General Conditions of Agreement
, GC -1
3.13 Protection Against Claims of Sub - Contractors, etc.
3.14 Protection Against Royalties or Patented Invention
3.15 Laws and Ordinances
3.16 Assignment and Subletting
3.17 Indemnification
3.18 Insurance
3.19 Final Clean -Up
3.20 Guarantee Against Defective Work
4. Prosecution and Progress
4.01 Time and Order of Completion
4.02 Extension of Time
4.03 Hindrances and Delays
5. Measurement and Payment
5.01 Quantities and Measurements
5.02 Estimated Quantities
5.03 Price of Work
5.04 Partial Payments
5.05 Use of Completed Portions
5.06 Final Completion and Acceptance
5.07 Final Payment
5.08 Payments Withheld
5.09 Delayed Payments
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Arbitration
7. Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
8.02 Suboontractual Relations
8.03 Payments to Subcontractors
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contracts
9.03 Cutting and Patching Under Separate Contracts
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
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General Conditions of Agreement
1. Definition of Terms
1.01 Owner, Contractor and Engineer
The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the
Agreement and are referred to throughout the Contract Documents as if singular in number and mascu-
line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi-
neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu•
ments shall create any contractual or agency relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal,
Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof
incorporated in any of the documents before the execution of the agreement.
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 interpretation
shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if
any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans,
and General Conditions of Agreement.
1.03 Sub - contractor
The term Sub- Contractor, as employed herein, includes only those having a direct contract with the
Contractor and it includes one who furnishes material worked to a special design according to the plans
or specifications of this work, but does not include one who merely furnishes material not so worked.
1.04 Sub - subcontractor
The term Sub-Subcontractor means one who has a direct or indirect contract with a sub-contractor to
perform any of the work at the site and includes one who furnishes material worked to a special design
according to the plans or specifications of this work, but does not include one who merely furnishes
material not so worked.
1.05 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 registered mail to the last business address known to him who gives the notice.
1.06 Work
The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin-
tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of
GC-3
materials. Materials or work described in words which so applied have a well known technical or trade
meaning shall be held to refer to such recognized standards.
1.07 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 upon the plans, or reasonably implied by the specifications, and
not covered by the Contractor's Proposal, except as provided under "Changes and Alterations," herein.
1.08 Working Day .
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in
which weather or other conditions, not under the control of the Contractor, will permit construction of
the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00
p.m.
1.09 Calendar Day
"Calendar Day" is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made suitable for use or oc-
cupancy or the facility is in condition to sarve its intended purpose, but still may require minor miscel-
laneous work and adjustment.
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties, responsibilities and
limitations of authority of the Engineer as the Owner's representative during construction are as set
forth in the Contract Documents and shall not be extended or limited without written consent of the
Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc-
tions to the Contractor shall be issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of
the executed work and to determine if such work generally meets the essential performance and design
features and the technical and functional engineering requirements of the Contract Documents; provided
and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way
responsible, directly or indirectly, for the construction means, methods, techniques, sequences. quality,
procedures, programs, safety precautions or lack of same incident thereto or in connection therewith.
Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer
shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac.
tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or
any other person, firm or corporation performing or attempting to perform any of the work.
2.03 Payments for Work
The Engineer shall review Contractor's applications for payment and supporting data, determine the
amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such
approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional
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judgment that the work has progressed to the point indicated to the best of his knowledge, information
and belief, but such approval of an application for payment to Contractor shall not be deemed as a repre•
sentation by Engineer that Engineer has made any examination to determine how or for what purpose
Contractor has used the moneys paid on account of the Contract price.
2.04 Initial Determinations
The Engineer initially shall determine all claims disputes and other matters in question between the
Contractor and the Owner relating to the execution or progress of the work or the interpretation of the
Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time,
which shall not be construed to be Tess than ten days, appeal to arbitration may be taken as if his deci•
sion had been rendered against the party appealing.
2.05 Objections
In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac-
cordance with the meaning and intent of this contract, either party may file with the Engineer within
thirty days his written objection to the decision, and by such action may reserve the right to submit the
question so raised to arbitration as hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative.
Whenever necessary, construction work shall be suspended to permit performance of this work, but such
suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation
therefor. 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 at
the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion of this contract
and shall keep on the work, during its progress, a competent English - speaking superintendent and any
necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor
in his absence and all directions given to him shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely responsible for the
manner and method of completing his work under this contract, with full power and authority to select
the means, method and manner of performing such work, so long as such methods do not adversely
affect the completed improvements, the Owner and Engineer being interested only in the result obtained
and conformity of such completed improvements to the plans, specifications and contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other
persons, as well as for the protection of the safety of the improvements being erected and the property of
himself or any other person, as a result of his operations hereunder. Engineering construction drawings
and specifications as well as any additional information concerning the work to be performed passing
from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate
from the plans and specifications, the intent of such drawings, specifications and any other such instruc-
tions being to define with specificity the agreement of the parties as to the work the Contractor is to
perform. Contractor shall 'be fully and completely liable, at his own expense, for design, construction,
installation and use, or non -use, of all items and methods incident to performance of the contract, and
for all loss, damage or injury incident thereto, either to person or property, including, without limitation,
the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety
precautions or devices, and similar items or devices used by him during construction.
Any review of work in process, or any visit or observation during construction, or any clarification of
plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either
of them, whether through personal observation on the project site or by means of approval of shop draw-
- GC-6
ings for temporary construction or construction processes, or by other means or method, is agreed by
the Contractor to be for the purpose of observing the extent and nature of work completed or being per-
formed, as measured against the drawings and specifications constituting the contract, or for the
purpose of enabling Contractor to more fully understand the plans and specifications so that the com-
pleted construction work will conform thereto, and shall in no way relieve the Contractor from full and
complete responsibility for the proper performance of his work on the project, including but not limited
to the propriety of means and methods of the Contractor in performing said contract, and the adequacy
of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor
from plans and specifications that may have been in evidence during any such visitation or observation
by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall
in no way relieve Contractor from his responsibility to complete all work in accordance with said plans
and specifications.
2.08 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 needed 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 or Engineer either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
2.09 Character of Workmen
The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type
of work required under this contract, to do the work; and agrees that whenever the Engineer shall
inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or
disorderly, such man or men shall be discharged from the work and shall not again be employed on the
work without the Engineer's written consent. No illegal alien may be employed by any Contractor for
work on this project, and a penalty of 8500.00 per day will be assessed for each day and for each illegal
alien who works for the Contractor at this project.
2.10 Contractor's Buildings
The building of structures for housing men, or the erection of tents or other forms of protection, will be
permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory to the Engineer.
2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as
shall be approved by the Engineer, and their use shall be strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work
or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set-
ting drawings and schedules required for the work of the various trades, and the Engineer shall pass
upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor-
rections required by the Engineer, file with him two corrected copies and furnish such other copies as
may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor
from responsibility for deviations from drawings or specifications, unless he has in writing called the
Engineer's attention to such deviations at the time of submission. nor shall it relieve him from responsi-
bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to
fully and completely review all shop drawings to ascertain their effect on his ability to perform the
required contract work in accordance with the plans and specifications and within the contract time.
Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings
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or schedules to result in finished improvements in conformity with the plans and specifications, and
shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being
expressly understood and agreed that the Engineer does not assume any duty to pass upon the
propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela•
tion to the safety of either person or property during Contractor's performance hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the
Contractor of good material, and of his performing good work as herein described, and in full accordance
with the plans and specifications. No failure or omission of the Engineer to discover, object to or
condemn any defective work or material shall release the Contractor from the obligations to fully and
properly perform the contract, including without limitations, 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 shall, upon request of the Contractor, inspect
and accept or reject any material furnished, and in event the material has been once accepted by the
Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such
material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for reexamination, by the Engineer, prior to
final acceptance, and if found not in accordance with the plans and /or specifications 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: provided
that, where inspection or approval is specifically required by the specifications prior to performance of
certain work, should the Contractor proceed with such work without requesting prior inspection or
approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the
Engineer.
2.14 Defects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable 0, not in
conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of
written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise
remedy such work so that it shall be in full accordance with this contract.
2.15 Changes and Alterations
The Contractor further agrees that the Owner 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 Performance and Payment 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 may be dispensed with, except as
provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is
increased, and the 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, if any, established for such work under
this contract, except as provided for unit price items under Section 5 "Measurement and Payment ";
otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall
make such changes or alterations as shall make useless any work already done or material already
furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor
so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara-
tion for the work as originally planned.
2.16 Inspectors
The Engineer may provide one or more) field inspectors at the work site for the limited purpose of
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• observing the work in progress and reporting back to the Engineer on the extent, nature, manner and
performance of the work so that the Engineer may more effectively perform his duties hereunder. Such
inspectors may also communicate between Engineer and Contrator their respective reports, opinions,
questions, answers and clarifications concerning the plans, specifications and work but shall be deemed
the agent of the Contractor for all purposes in communicating such matters.
Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu-
tion of the work and its conformity with the plans and specifications but shall never be, in whole or part,
responsible for, charged with, nor shall he assume, any authority or responsibility for the means,
methods or manner of completing the work or of the superintendence of the work or of the Contractor's
employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi-
neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con-
tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the
plans or specifications of this contract; apparent or express approval of the means, methods or manner
of Contractor's performance of work in progress or completed; or discovery or failure to discover or
object to defective work of materials shall release Contractor from his duty to complete all work in strict
accordance with the plans and specifications or estop the Owner or Engineer from requiring that all
work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep-
table work and the re-doing of such work.
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans
and specifications without expense to him, and the Contractor shall keep one copy of the same con-
stantly accessible on the work, with the latest revisions noted thereon.
3.02 Ownership of Drawings
All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other
work, and, with the exception of the signed contract sets, are to be returned to hire on request, at the
completion of the work. AU models are the property of the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent engineers and designers. It is there-
fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the
Contract Documents, the safety of the structure and the practicability of the operations of the
completed project; provided the Contractor has complied 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.
' 3.04 Right of Entry
The Owner reserves the right to enter the property or location on which the works herein contracted for
are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting
the work, or for the purpose of constructing or installing such collateral work as said Owner may desire.
3.05 Collateral Contracts
The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the
completion of the work specifically excluded from this contract, in such manner as not to delay the
progress of the work, or damage said Contractor, except where such delays are specifically mentioned
elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility
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companies regulated by City franchises, but the City shall not be responsible for delays or other
damages to the Contractor which may result from then acts or omissions.
3.06 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 Docu-
ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por-
tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to
the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate-
rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction,
and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for
such work, until the entire work is completed and accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis-
sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner
agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the
course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the
Contractor unreasonably delay the progress of the work being done by others on the job so as to cause
loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss.
3.09 Protection against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety of employees and others
on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal
safety laws and building and construction codes. All machinery and equipment and other physical
hazards shall be guarded in accordance with 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. The Contractor shall provide such machinery guards, safe walkways,
ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their
adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent
contractor.
3.10 Performance and Payment Bonds
Unless otherwise spedfied, it is further agreed by the Parties to the Ontract that the Oantractor
will execute separate perforrterae and payment bans, each in the sun of aue hushed (100%) percent
of the total ccntract price, in stardom forms for this ptrpcee, guaranteeing faithful pnrformerlce
of the work and the fulfillment of any guarantee required, and further guaranteeing paynent to all
pare labor and nateriais cr finnigaing him any equipment in the execution ct
the Crnttact. If the contract price is less than $50,000.07, a letter of credit may to furnished
in lieu of a psrfaurance told. It is agreed that the Qntract shall not be in effect until such
performance bad (s) or letter (s) of credit, and payment bad (s) are furnished and approved by
the owner.
Unless otherwise specified, the oast of the premun for the performance bond or letters of credit,
and payment lords shall be 'mimed in the price bid ldy the O:ntractor fcr the under this
Contract, and no extra payment for such bonds or letters of credit will be irec by the Owens.
Chess otherwise approved d in writing by the C wler, the surety oofpaly underwriting the bonds or
letter of credit shall be acceptable according to the latest list of oalpanies holding certificates
of authority from. the Secretary of the Treasury of the United States and ,dull be lid
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to write such bolds or letters of credit in the State of Texas.
3.12 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to
be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of
the same, 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.
3.11 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining property or properties
in any way encountered, which might be injured or seriously affected by any process of construction to
be undertaken under this Agreement, from any damage or injury by reason of said process of construc-
tion; and he shall be liable for any and all claims for such damage on account of his failure to fully
protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner
and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining
property, arising or growing out of the performance of the contract regardless of whether or not it is
caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of
any kind arising solely out of the existence or character of the work.
3.13 Protection against Claims of Sub - contractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims
growing out of the lawful demands of sub - contractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis-
sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the
Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option
of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully
discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the
terms of this contract, but in no event shall the provisions of this sentence be construed to impose any
obligation upon the Owner by either the Contractor or his Surety.
3.14 Protection against Royalties or Patented Invention
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letter patent or copyright by suitable legal agreement with the
patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy-
right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account
thereof. except that the Owner shall defend all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the product of a particular manufacturer or
manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design,
device. material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner
harmless from any loss on account thereof. If the material or process specified or required by the Owner
is an infringement. the Contractor shall be responsible for such loss unless he promptly gives such
information to the Owner.
3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances
and regulations, which in any manner affect the contract or the work, and shall indemnify and save
harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordi-
nances, and regulations whether by the Contractor or his employees, except where such violations are
called for by the provisions of the Contract Documents. If the Contractor observes that the plans and
specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces•
sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor
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performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with-
out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body
politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects
for which, or the manner in which, or the conditions under which the Owner may enter into contract,
shall be controlling, and shall be considered as part of this contract, to the same effect as though
embodied herein.
3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet
said contract without the written consent of the Engineer, and that no part or feature of the work will be
sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the
subletting of any portion or feature of the work, or materials required in the performance of this con-
tract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agree-
ment.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec-
tive officers, agents and employees, from and against all damages, claims, losses, demands, suits, judg-
ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the
performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or
expense:
(1) Is attributable to bodily injury, sickness, disease or death to any person including Contractor's
employees and any Subcontractor's employees and any Sub - Subcontractor's employees or to
injury to or destruction of tangible property including Contractor's property (other than the
work itself) and the property of any Subcontractor or Sub - Subcontractor including the loss of
use resulting therefrom; and,
(2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor,
any Sub-Subcontractor, anyone directly or indirectly employed by any one of them or anyone
for whose acts any of them may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer,
his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys.
Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys, Change
Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the
Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury
or damage.
In any and all claims against the Owner or the Engineer or any of their agents or employees by any
employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli•
gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Sub•Contractor or Sub.
Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit
acts.
3.18 Insurance
The Contractor shall carry inurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation
B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for
each occurrence including like coverage for acts and omissions of Subcontractors and
contractual liability coverage.
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C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like
coverage for acts and omissions of Subcontractors and contractual liability coverage.
D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum
limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and
Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require sub-
contractors to provide Automobile Liability Insurance with same minimum limits.
The Contractor shall not commence work at the site under this contract until he has obtained all re-
quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac-
tor shall not allow any Subcontractors to commence work until all insurance required has been obtained
and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the
liability of the Contractor hereunder.
The required insurance must be written by a company licensed to do business in Texas at the time the
policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than
workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any insurance to (apse. All in-
surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced,
restricted or limited until ten (10) days after the Owner has received written notice as evidenced by
return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the
proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca-
tion and the operations to which the insurance applies, the expiration date, and the above mentioned
notice of cancellation clause.
3.19 Final Clean -up
Upon the completion of the work and before acceptance and final payment will be made, the Contractor
shall clean and remove from the site of the work, surplus and discarded materials, temporary structures
and debris of every kind. He shall leave the site of the work in a neat and orderly condition at (east equal
to that which originally existed. Surplus and waste materials removed from the site of the work shall be
disposed of at locations satisfactory to the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris as above
provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and
the reasonable cost thereof shall be deducted from the final payment.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in conformance with the
plans and specifications included in this contract for a period of one year from the date of acceptance of the
project. Said warranty binds the contractor to correct any work that does not conform with such plans and
specifications or any defects in workmanship or materials furnished under this contract which may be dis-
covered within the said one year period. The Contractor shall at his own expense correct such defect within
thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to
the condition called for in the contract documents and plans and specifications. Should the Contractor fail
or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that
such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to
be repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by
the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be
at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The
Engineer may require additional testing for failing tests and may require two passing retests before ac-
ceptance will be made by the Owner. The testing laboratory will be designated by the Owner.
All materials to be incorporated into the project must meet the requirements of these specifications. For
manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis-
cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer-
tificate stating that the material meets the requirements specified for this project.
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4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con.
tractor 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 conducive to economy of construction; provided, however, that the
order and the time of prosecution shall be such that the work shall be substantially completed as a whole
and in part, in accordance with this contract, the plans and specifications, and within the time of com•
pletion designated in the Proposal; provided, also that when the Owner is having other work done,
either by contract or by his own force, the Engineer may direct the time and manner of constructing the
work done under this contract, so that conflict will be avoided and the construction of the various works
being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules
which shall show the order in which the Contractor proposes to carry on the work, with dates at which
the Contractor will start the several parts of the work, and estimated dates of completion of the several
parts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or
Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes
ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid.
able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide
justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com•
pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however,
that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay.
Adverse oarlitirns will not be justificaticns fcr extension of tine ai "Calendar Lays" contracts
4.03 Hindrances and Delays
No claims shall be made by the Contractor for damages resulting from hindrances or delays from any
cause (except where the work is stopped by order of and for the convenience of the Owner) during the
progress of any portion of the work embraced in this contract. In case said work shall be stopped by the
act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of
said work shall be paid by the Owner to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual measured and /or com-
puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe-
cifically provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show clearly all work to
be done and material to be furnished hereunder. Where the estimated quantities are shown for the
various classes of work to be done and material to be furnished under this contract, they are approxi-
mate and are to be used only as a basis for estimating the probable cost of the work and for comparing
the proposals offered for the work. It is understood and agreed that the actual amount of work to be
done and material to be furnished under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the unit price method, payment shall be for the
actual amount of such work done and the material furnished.
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Where payment is based on the unit price method. the Contractor agrees that he will make no claim for
damages, anticipated profits or otherwise on account of any differences which may be found between the
quantities of work actually done, the material actually furnished under this contract and the estimated
quantities contemplated and contained in the proposal; provided, however, that in case the actual quan-
tity of any major item should become as much as 20% more than, or 20% Less than the estimated or con-
templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled
to a revised consideration upon the portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a
total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of
the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, otherwise by the terms
of this Agreement, as provided under "Extra Work."
5.03 Price of Work
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 on the delivery of all material em-
braced in this Contract in full conformity with the specifications and stipulations herein contained, the
Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been
made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also 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 Agreement.
5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing
the total value of the work performed up to and including the 25th day of the preceding month. The state-
ment shall also include the value of all sound materials delivered on the job site and to be included is the
work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the
Engineer is acceptable. The Engineer shall examine and approve or modify anA approve such statement.
The Owner shall then pay the Contractor on or before the 10th day of the current month the total
amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be
retained until final payment, and further less all previous payments and all further sums that may be
retained by the Owner under the terms of this Agreement. It is understood, however, that in case the
whole work be near to completion and some unexpected and 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: or the Contractor at
the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the
Contractor shall receive payment of the balance due him under the contract subject only to the condi-
tions stated under "Final Payment."
5.05 Use of Completed Portions
The Owner shall have the right to take possession of and use any completed or partially completed por-
tions of the work, notwithstanding the time for completing the entire work or such portions may not
have expired but such taking possession and use shall not be deemed an acceptance of any work not
completed in accordance with the Contract Documents. If such prior use increases the cost of or delays
the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as
the Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substan-
tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in
writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished
work and will add thereto such items as the Contractor has failed to include. The "substantial comple-
tion" of the structure or facility shall not excuse the Contractor from performing all of the work under-
taken, whether of a minor or major nature, and thereby completing the structure or facility in accor-
dance with the Contract Documents.
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5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that the work has been
completed, or substantially completed, the Engineer and the Owner shall inspect the work and within
said time, if the work be found to be completed in accordance with the Contract Documents, the Engi-
neer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be
the duty of the Owner within ten (10) days to issue a Certificate of Acceptance of the work to the Con-
tractor or to advise the Contractor in writing of the reason for non - acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure-
ments arid prepare final statement for the value of all work performed and materials furnished under the
terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or
before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance
due the Contractor under the terms of this contract; and said payment shall become due in any event
upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill-
ment of any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part
of any certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied or other obligations hereunder not done.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the Contractor to make payments properly to subcontractors or for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount.
(f) Reasonable indication that the work will not be completed within the contract time.
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.
5.09 Delayed Payments
Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state-
ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as
due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date
due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully liquidate
any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the
Owner in making payment to the Contractor of the sum named in any partial or final statement shall not
constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to
any extent or for any time relieve the Contractor of his obligations to fully and completely perform here-
under.
6. Extra Work and Claims
6.01 Change Orders
Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions,
deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by
the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis
for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract
time which may result from the change.
Re,. 7-1 -75
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In the event the Contractor shall refuse to execute a Change Order which has been prepared by the
Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed
with the work as set forth in the Change Order and the Contractor may make claim against the Owner
for Extra Work involved therein, as hereinafter provided.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the
Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any
minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in-
crease in the Contract Price, the Contractor shall make written request to the Engineer for a written
Field Order.
In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall
advise the Owner of his request to the Engineer for a written Field Order and that work involved may
result in an increase in the Contract Price.
Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work
covered by the proposed change.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added or deleted by a
Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon
which this contract was bid to the extent such work can be fairly classified within the various work item
descriptions and for work items that cannot be so classified by one or more of the following meth"ds:
Method (A)
By agreed unit prices; or
Method (Bl
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced,
then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor
of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks,
rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus
actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta-
tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating
expenses, also all necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of
premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation, and all other insurance as may be required by any law or
ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which
accounts of the "actual field cost" shall be kept and the records of these accounts shall be made avail-
able to the Engineer. The Engineer or Owner 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 determined by using 100 per cent, unless otherwise specified, of
the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of
America. Where practicable the terms and prices for the use of machinery and equipment shall be incor-
porated in the Written Extra Work Order. The fifteen (15 %) per cent of the "actual field cost" to be paid
the Contractor shall cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced within the "actual field
cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained pri-
GC -16
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warily on account of such Extra Work: then the cost to maintain and operate the same shall be included
in the "actual field cost."
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 or an adjustment in the construction time, he shall make written
request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion
arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the
Engineer insists upon its performance, the Contractor shall proceed with the work after making written
request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro.
vided under Method (C). The Contractor will thereby preserve the right to submit the matter of
payment to arbitration, as hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Engineer within thirty 130) days after the Engineer has
given any directions, order or instruction to which the Contractor desires to take exception. The
Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand
for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the
date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance
of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to
any claims by either party, except claims by Owner for defective work or enforcement of warranties and
except as noted otherwise in the contract documents.
6.05 Arbitration
All questions of dispute under this Agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named
in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to
select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which
the major portion of the project is located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse,
and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose
an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or
neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are
empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract. The decision of the arbiters upon any questions submitted to arbitration under this contract
shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be
filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is
sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and
if the appeal was taken without reasonable cause, they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and
shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters
must be made in writing.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ-
ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of
GC -17
the Engineer, when such orders are consistent with the Contract Documents, then, and in that case,
where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment the Contractor shall not remove from the work any machin-
ery, 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 therefor (except when used in connection with Extra Work, where credit shall
be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in
the final settlement.
Where there is no performance bond provided or in case the Surety should fail to commence compliance
with the notice for completion hereinbefore provided for, 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:
(1) The Owner may thereupon employ such force of men 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 Con-
tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys
as may be due, or that may thereafter at any time become due to the Contractor under and
by virtue of this Agreement. 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 and /or his Surety shall pay the amount of such excess to the
Owner, or
(2) The Owner under competitive bids, taken after notice published as required by law, 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 there is 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 there-
for. However, should the cost to complete any such contract prove to be less than would
have been the cost to complete under this contract, the Contractor and /or his Surety shall
be credited therewith.
When the work shall have been substantially completed the Contractor and his Surety shall be so noti-
fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be
issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being
correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con-
tractor and /or 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 Certificate of Completion.
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 and /or his Surety shall 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 and /or his Surety. Should the cost to complete the work
exceed the contract price, and the Contractor and /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 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
GC -18
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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. The books on all operations provided herein shall be opened to the Contractor and his Surety.
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with
said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment,
and all materials on the site of work that have not been included in payments to the Contractor and
have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total
amount earned by the Contractor, which estimate shall include the value of all work actually completed
by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of
all partially completed work at a fair and equitable price, and the amount of all Extra Work performed
at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the whole work to completion and which
cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be
retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall
pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor
the balance shown by said final statement as due the Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor,
as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep-
tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the
principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the
Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such
list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub-
contractor on the list shall constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization (including those
who are to furnish materials or equipment fabricated to a special design) proposed for portions of the
work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig-
nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by
the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or
person or organization against whom he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub-
mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions
to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be
increased or decreased by the difference in cost occasioned by such substitution and an appropriate
change order shall be issued; however, no increase in the Contract amount shall be allowed for any such
substitution unless the Contractor has acted promptly and responsively in submitting for acceptance
any list or lists of names as required by the Contract Documents or the Instructions to Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization
previously accepted by them, the Contract amount shall be increased or decreased by the difference in
cost occasioned by such change and an appropriate Change Order shall be issued.
The Contractor shall not make any substitution for any Subcontractor or person or organization who
has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner
and the Engineer.
'GC-19
9.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written
agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac-
tors and Sub - subcontractors) which shall contain provisions that:
(1( preserve and protect the rights of the Owner and Engineer under the Contract with respect to
the work to be performed under the subcontract so that the subcontracting thereof will not
prejudice such rights;
(2) require that such work be performed in accordance with the requirements of the Contract Docu-
ments;
(3) require submission to the Contractor of the applications for payment under each subcontract
to which the Contractor is a party, in reasonable time to enable the Contractor to apply for
payment in accordance with this contract;
(9) require that all claims for additional costs, extensions of time, damages for delays or otherwise
with respect to subcontracted portions of the work shall be submitted to the Contractor (via
any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the
Contractor may comply in the manner provided in the Contract Documents for like claims
by the Contractor upon the Owner;
(5) obligate each subcontractor specifically to consent to the provisions of this section.
A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the
Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount
directly based upon the value of the work performed and allowed to the Contractor on account of such
Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor
shall also require each Subcontractor to make similar payments to his subcontractors.
If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the
fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any
time after the Certificate for Payment should otherwise have been issued, for his work to the extent com-
pleted, Iess the retained percentage.
The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable,
information regarding percentages of completion certified to the Contractor on account of work done by
such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any
moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions of the project
under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, "The Contractor" in the
contract documents in each case shall be the contractor who signs each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of
their materials and equipment and the execution of their work, and shall properly connect and coor-
dinate his work with theirs.
GC -20
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If any part of the Contractor's work depends for proper execution or results upon the work of any other
separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent
discrepancies or defects in such work that render it unsuitable for such proper execution and results.
Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the project,
the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if
he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on
account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who
shall defend such proceedings at the Contractor's expense, and if any judgment or award against the
Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all
attorney's fees and court or arbitration costs which the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be required to com-
plete his work except as otherwise specifically provided in the Contract Documents. The Contractor
shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any
work and shall not cut or alter the work of any other contractor except with the written consent of the
Engineer.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable
protection to prevent damage, injury, or loss to:
(11 all employees on the work and all other persons who may be affected thereby;
(2) all the work and all materials and equipment to be incorporated therein, whether in storage or
or off the site, under the care, custody or control of the Contractor or any of his
Subcontractors or Sub - Subcontractors; and
(31 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pave-
ments, fences, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of
any public authority having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of
the work, all reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the
execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities
under the supervision of properly qualified personnel.
Mr. 7.1 75
GC -21
All Blasting, including methods of storing and handling explosives and highly inflammable materials,
shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with
even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is
in conflict with the law of the jurisdiction where the action is being taken.
The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances.
1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the
amount of 5300,000.00 for each contract, at least twenty -four hours prior to using explosives.
A blasting permit must be obtained from the City at least five (5) days prior to use of explo-
sives. If Blasting is covered under the Contractor's General Insurance Certificate for each
contract, a separate blasting certificate will not be required.
2. The following public utility companies and City Department will be notified by the Contractor, on
every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and
Wastewater, Electric, Gas, Telephone and the City Engineering Department.
3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap-
proval of other materials is obtained in writing from the Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles,
and public or private property. Blasting mats or protective cover shall be used when required
by the City Inspector, the permit, or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38.11201, of the
City Code.
6. The Director of Engineering or his representative shall have the right to limit the use of explosives
and /or blasting methods which in his opinion are dangerous to the public or nearby property
of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as
a result of blasting. All claims of damage shall be investigated by the City or by Consulting
Firms approved by the City.
8. The Contractor shall maintain accurate records throughout the Blasting operations showing the
type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot,
delays used, date and time of blast and initials of the Inspector. The Contractor is fully re-
sponsible for all claims resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part by the Contrac-
tor. any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor,
except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or
omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any
degree to the fault or negligence of the Contractor.
The contractor shall designate a responsible member of his organization at the site whose duty shall be
the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig-
nated in writing by the Contractor to the Owner and the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the
location and protection of any and all public utility lines and utility customer service lines in the work
area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such
lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the
Owner shall provide such information as it has about the location and grade of water, sewer, gas, and
telephone and electric lines and other utilities in the work area but such information shall not relieve or
be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and
nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by
the Contractor or he shall cause such damage to be repaired at his expense.
GC -22
Rev. 7.145
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SEC110'`. 01- I`;FOR' TT_ I0:`'
N T-p
01-01 I ER
01 -05 LOCATION
The word "Engineer" in these Specifications shall be
understood as referring to the City of Round Rock, 221
Fast '`]gin Street, Round Rock_, • Texas 78664. Engineer of the
Owner, or the Engineer's authorized representative to act in
any particular position for the Owner.
01 -02 COPIES OF PIANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5)
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 fray the Engineer at
conlercial reproduction rates plus 20% for handling.
01 03 GO'JER CODA'S
All construction as provided for under these Plans and
Specifications shall be governed by any existin_ Res olutions,
Cores and Ordinances, ane any subsequent amenorents or
revisdons thereto as set forth by the Owner.
01 -04 LIIUID %,mED DAI`IAGSO FOR FAILURE TO COVPLETF ON TIME
The Contractor agrees that time is of the essence tor this
Contract and that the definite value of damages whic`, could
result from delay would Se incapable of ascertainment and
uncertain, so that 'tor 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 tire as is provided For under the provisions of
Section 4.02 of the General Contitions, the Owner may witnold
oerrranently from the Contractor's total compensation, not as
penalty but as liquidated cackxq_es, the sum of 5100.00 per
calendar bay.
The location of work shall be as mentioned in the Notice to
Contractors and as indicated on Plans.
SC -1
01- r USAC. OF wr TE R
All water used during construction shall. be provide' by the
City. The Contractor shall strive to use that amount of water
which is reasonable to perform the work associated with this
contract and shall endeavor to avoid excessive waste. The
Contractor will be required to pay for all water used if it
is found that unnecessary or excesive waste is occurring
during construction.
01 -07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the
Engineer on or before the time specified in Section 5.04 of
the oeneral Conditions, then the pay estimate will not be
processed and will be returned to Contractor.
SECTION 02- SPEECl2.L COESIDERATIOES
02 -01 CfOSSING UTILITIES
Prior to coerencin^ the work associated with this contract,it
shall. be the Contractor's responsibility to crake arrangements
with the Owners of such utility companies to uncover their
oart_icular utility lines or otherwise confirm their location.
Certain utility companies perform such services at their a.,o
expense, however, where such is not the case, the Contractor
will cause such work to be done at his awn exnnense.
02 -02 UTILITY SERVICES F.O. CONSTRUCTION
The Contractor will be responsible for providing his own
utility services while performing the work associated with
this contract. So additional payment will be cads for this
item:.
02 -03 GUARANTEES
Guarantee wor}:, including equipment instaileo, shall be free
from defects due to faulty workmanship for a period of one
(1) year from the date of final acceptance by the Owner.
Materials furnished shall be free from defects for a period
of one (1) year or the period provided by the manufacturer,
whichever is longer, from the date of final acceptance by the
Omer. Upon notice from Owner, the Contractor shall
repair defects in all construction or materials which develop
during specified period and at no cost to Owner. Neither
final acceptance, Certificate of Completion, final paymen.'..
SC -2
02 -04
nor any provision in Contract Documents relieves Contractor
of above cuarantee. Notice of observed defects will be riven
with reasonable promptness. Failure to repair or replace
defect upon notice entitles Owner to repair or replace sarJe
and recover reasonable cost thereof iron Contractor.
MINIMUM itiAGE SCALE
Minieura wane scale as specifies; and reauiated by the State of
Texas and the Federal Government.
02 -05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources
carmitted to this Project; therefore, it shall be understood
by all bidders that the Seiner may be required to change
and /or delete any _terns which he may feel is necessary
aces � lieh all. or part of the scope of work within its limit
of financial resources. Contractor shall be entitled to no
claim for daages for anticipated profits on any portion of
work that Tray Le omitted. At any time during the duration of
this contract, the Owner reserves the right to ardt any ;cork
from this contract. Unit prices for all items oreviou,,ly
approver in thi. >, contract shall be used to delete or add wc°F,
per change order.
02-31 CaSPRuCiIO
The Owner 3ha11 prcvide a prc pact representative to review
the quality of1:aterials and workmanship.
02 -07 LIMITS OF 0005 AND PAYMENT
It shall be the obligation of the Contractor to complete all
work included in this contract, so authorizeu by the Owner,
as described in the contract documents and technical
specifications. All iternra of work not specifically paid for
in the bid schedule shall be included in the unit price bids.
Any question arising as to the limits_ of work shall be left
up to the interpretation of the Engineer.
02 -08 PAYMENT FOR MA.TERIA.LS ON HAND
Omer will not pay for materials on hand. Payment will be
made for work conyleted in accordance with ninthly estimate
procedure stipulated in the General Conditions of the
Agreement.
SC -3
02 -09 "AS- BUILTS" DRAWINGS
The Contractor shall mark all charms` and revisions on all of
his copies of the workin, 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
submit to the Engineer one set of his working drawings, dated
and signed by himself and his project superintendent arch
fabled as "As-Builts ", that shows all changes and revisions
outlined above and that shows field locations of all above
ground appurtenances including but not limited to valves, fire
hydrants and manholes. The as -built drawings shall become
the property of the Owner. Each appurtenance shall be
located by at least two (2) horizontal distances measured
from existing, easily identifiable, immovable appurtenances
such as fire hydrants or valves. Property pins can be used for
as- builts tie-ins provided no existing utilities as previously
described are available. Costs tor developing a; built.
drawings shall be subsidiary to other bid items.
02 -10 LANDS FOR WORK
Owner provides, as indicated on Drawings, land upon
work is to be cone, right-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 o.`
Owner, any addifional land and access thereto that ;nay be
required for his construction operations, temporary
constriction facilities, or for storage of material
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
4Chenever existing utilities, not indicated on Plans, present.
obstructiore to Grade and alignment of proposed improvements
immediately notify engineer, who without delay, will
determine if existing utilities are to be relocated, or grace
and alignment of proposed improvements changed. where
necessary to move existing services, polo„ guy wies,
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 relocations
will be at the Contractor's snap expense. Owner will not be
liable for relocat costs or damages on account of delays
due to changes made by owners of privately owned uti]ities
which hinder progress of the work.
SC -4
02-12 CONSTRUCTION STARING;
The Engineer s:laJ1 provige construction staking for this
project. The Contractor stroll furnish and pay for an
re- et. aariina.
Protection of stakes, Marks, Etc.
All engineerino 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 prokect, such stakes, marks, property corners, etc., shall
be re- stake; by the Contractor at the Contractor's sole
expense without additional compensation by the Owner.
The Contractor shall furnish to the Owner, AT THE
CONTRA EXPENSE', written certification that ALL
property pins are in place prior to his moving oft the joy_
site. Such certification will be .xicted of each Contractor
involver, with the protect.
SECTIC . 03- TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles
at all times. When it becomes nec nary to restrict access,
the Contractor stall notify all applicable agenciae (ie. Fire
Department, E.N.S., Public Works, etc.,). At the end of each
day two lanes of traffic shall be opened to the pubic. The
contractor shall be res ponsible for all maintenance, signing
and safety precautions nece ary- for traffic control. This.
item shall be considered subsidiary and no additional
cor=.pen_sntion shall be eiven for complying with this spe i sd
Condition.
S!'CTION 04- D :AINTENANCF: BOND
Per City of Round Rock Ordinance, a two (2) year
Maintenance Bond naminc the City of Round rock as o:iiaee
will be required for public streets constucted without lime
stabilization of subgrade material when the Plasticity Index
of the subcrade is above 24. Maintenance Bond shall remain
in effect for two (2) years from date of City of Round Rock
acceptance of improvements.
A one (1) year Maintenance Bond in the amount of ten (10%)
percent of the contract price, as adjusted by any change
orders, will be required for all other improvements and shall
be submitted prior to final payment. Such bond shall be from
an approved surety company holding a permit from the State
of Texas to act as surety and acceptable accordinc to the
latest list of companies holding certificate; of authority from
the Security of the Treasury of the United States) or other
surety or sureties acceptable to the Owner prior to final
payment.
SC -5
SECTION 5 INSURANCE
Section 3.18 of the General Conditions of the Agreement is hereby
amended to include the following:
3.18 Insurance
Contractor shall carry insurance in the following types and
amounts for the duration of this Contract, which shall include
items owned by Owner in care, custody and control of Contractor
prior and during construction and warranty period, and furnish
Certificates of Insurance along with copies of policy
declaration pages and all policy endorsements as evidence
thereof:
Statutory Workers' Compensation and minimum $100,000
Employers Liability Insurance.
b. Commercial General Liability Insurance with minimum
limits of $500,000 per occurrence and $1,000,000
Aggregate or $500,000 for this designated project and
$100,000 Fire Damage.
a.
c. Automobile Liability Insurance for all owned, nonowned
and hired vehicles with minimum limits for Bodily
Injury of $250,000 for each person and $500,000 for
each occurrence and Property Damage limits of $100,000
or a Combined:Single Limit of $600,000.
d. On all new or remodeling building projects; All Risk
Builders Risk Insurance for insurable building
projects shall be insured in the amount of the
contract price for such improvements. Owner and
Contractor waive all rights against each other for
damages caused by fire or other perils to the extent
covered by Builders Risk Insurance required under this
section, except as to such rights as they may have in
the proceeds of such insurance. Contractor shall
require similar waivers by Subcontractors and
Sub - subcontractors.
e. Owner and Contractor's Protective Policy. 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 Commercial General Liability
coverage as described above, entitled "Commercial
General Liability Insurance."
When offsite storage is permitted, policy will be endorsed for
transit and off site storage in amounts sufficient to protect
property being transported or stored.
This insurance shall include, as insured, City of Round Rock,
Contractor, Subcontractors and Sub - subcontractors in the work,
as their respective interest may appear.
If insurance policies are not written for amount specified in b.
and c. above, Contractor is required to carry an Excess
Liability Insurance Policy for any difference in amounts
specified.
Contractor shall be responsible for deductibles and self insured
retentions, if any, stated in policies. Any self insured
retention shall not exceed ten percent of minimum required
limits. All destibles or self insured retentions shall be
disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract
until he has obtained required insurance and until such
insurance has been reviewed by Owner's Contract Administration
Office. Contractor shall not allow any Subcontractors to
commence work until insurance required has been obtained and
approved. Approval of insurance by Owner shall not relieve or
decrease liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in
the State of Texas at the time policy is issued and acceptable
to Owner.
Contractor shall produce an endorsement to each effected policy:
1. Naming City of Round Rock, 221 East Main Street, Round
Rock, Texas 78664 as additional insured (except
Workers' Compensation and Builders Risk).
2. That obligates the insurance company to notify Joanne
Land, City Secretary, City of Round Rock, 221 East
Main Street, Round Rock, Texas 78664 of any and all
changes to policy 30 days prior to change.
3. That the "other" insurance clause shall not apply to
Owner where City of Round Rock is an additional
insured shown on policy. It is intended that policies
required in this agreement, covering both Owner and
Contractor, shall be considered primary coverage as
applicable.
Contractor shall not cause any insurance to be canceled nor
permit any insurance to lapse during term of this Contract or as
required in the Contract.
If Contractor is underwritten on a claim -made basis, the
retroactive date shall be prior to, or coincident with, the date
of this Contract and the Certificate of Insurance shall state
that coverage is claims made and also the retroactive date.
Contractor shall maintain coverage for duration of this Contract
and for two years following completion of this Contract.
SC-7
Contractor shall provide the City annually a Certificate of
Insurance as evidence of such insurance. It is further agreed
that Contractor shall provide Owner a 30 day notice of aggregate
erosion, an advance of the retroactive date, cancellation and /or
renewal.
It is also agreed that Contractor will invoke the tail option at
request of Owner and the Extended Reporting Period (ERP) premium
shall be paid by Contractor.
Owner reserves the right to review insurance requirements of
this section during effective period of the Contract and to make
reasonable adjustments to insurance coverages and their limits
when deemed necessary and prudent by Owner based upon changes in
statutory law, court decisions or the claims history of the
industry as well as Contractor.
Owner shall be entitled, upon request, and without expense, to
receive copies of policies and all endorsements thereto and may
make any reasonable requests for deletion or revision or
modification of particular policy terms, conditions, limitations
or exclusions, except where policy provisions are established by
law or regulation binding upon either of the parties hereto or
the underwriter on any of such policies.
Actual losses not covered by insurance as required by this
section shall be paid by Contractor.
6.0 TECHNICAL SPECIFICATIONS
I. 1
1.01
The work covereP by these S consists of
furnishing all labor, eollipment, ahnliances, Foterials on
rerformino all operations in connection with the installation
of water improvements complete ir accordance with
the Plans, and subect to the terms and con0itions of the
Contract Documents.
1.02 GOVERNING TFCLiNICAL SPECIFICATIONS
NOTE: The item number desionation shown in parentheses
adjacent to captions is a reference to City of Austin Staniar
Specifications.
STRfET, NAT, SR DIFRCATEKENTS
The current City of Austin Stanoard Sceciiicatione as ac'idte:
and ameneo by the City of Rounu Rock anc the current. City oL
Auetin Erosion an Seoinentation Control Venual, are
inccrtorate into this pro'lect and thev shall be applie to
this project except as Lnaaified in these Spacificatiohs aoL rn
the Plans.
Nherever the terc. "City of Austin" is use in the Aufin
Stecifications, it shall be construed to 4ear, Cit 00 RolmH
RoCk.
"Aherever the terr. "Enc IF use', in
SpecificPtions, it shall he construeo to mean
Round Rock, Texas.
the
the City of
ITT 2 CONTROL CF 40RX
2.01 ciFn*'—up
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free
and clean from ail rubbish and debris and shall clean-up the
site promptly when notified to do so by the Engineer.
The Contractor shall, at his on expense, maintain the streets
and road's free fran dust, mud, excess earth or debris which
constitutes a nuisance or danger to the public using the
thorouahfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roaos
over which hauling is done, and any such spillage or aehris
deposited on streets, due to the Contractor's operations,
shall be immediately removed.
TS-1
2.111.2 EAC:<
2.02 GPT�DINC
The Contractor shell coordinate his operation_ in wch a
canner as to prevent the amount of clean -u and caholetin
back wcrks i.res becaaing excessive. Shoulr, such a connitirr
exist, the Engineer may order all or portions of the ;ycr';
cess'a and refuse to allow any work to ccxru?ence until the back
work is done to the Engineer's satisfaction.
The Contractor shall do such grading in and ad ' to
the construction area associated with this contract as ma ke
necessary to leave such areas in a neat and satisfactory
condition approved by the Engineer.
IT ° ;^ 3 EXAmIN TIT": AND REVIEW
3.01 EXAMINATIOA OF WORE
The work covered under this Contract shall be examined and
revieoha by the Engineer, representatives of all governmental
entities which have jurisdiction, and the Owner's authorize;
representative. The duality of material and the quality of
installation of the ini rov ent= shsil be to the satisfaction
of the Engineer. It shall be the Contractor's respon::itiiity
for the construction methods anu safety precautions in the
undertaakina of this Contract.
3.02 NOTIFICATION
The Engineer and Owner must be notified a mininur. of 24 -hours
in advance of beoinning construction, testing, or recuirin
presence of the Engineer, project representative, or Owner's
representative.
3.03 CONSTRUCTION STPRIN73
The Engineer shall furnish the Contractor alignment anc
reference hubs for utility excavation at an agreed interval
and offset, together with cut sheets showing the difference in
elevation from top of the stakes to the flow line of the
utilities at centerline.
This construction staking will be provided one (1) time at the
sole expense of the Owner. 211 re- staking will he provided by
the Contractor and (aid for by the Contractor at his sole
expense without additional compensation by the Owner.
TS -2
PROTECTION OF STAKES, MARKS, LTC
All engineering and surveyors stakes, r- narhs, property
corners, etc., stall be carefully preserve] tv the Contractor,
and in case of destruction or removal during the course of
this project, such stakes, narks, property corners, etc.,
shall be replaced by the Contractor at the Contractor's sole
expense.
The contractor shall furnish to the Owner, AT ThE COrv'PRACIoit'S.
EXPENSE, a certification that ALL property pins are in place
prior to his moving off the jot site. Such certificates will
be expected of each Contractor involved with the project.
The Contractor's final pay estimate will not be release:: to
the Owner for payment_ until all procerty corners in the
Project have been verifieh in place to the Engineer's
satisfaction.
3.04 CUT SHEETS - OTHER TITAN THE CITY OF AUSTI
The Engineer shall furnish two (2) copies of cut shuts to the
Contractor. The Contractor shall be responsible for acouirino
cut sheets at the office of the Engineer.
PROTECTIOfv AND PRECAUTION
4.01 (4ORK IN FREEZING WEATHER
Portions of the stork may continue as directed by the Engineer..
4.02 PROTFC'TION CF TREYS, PLOTS AND SPRUbE
The Contractor shall take necessary precautions to preserve
all existing trees, -giants and shrubs but where it is
justifiable and necessary the Contractor may remove trees and
plants for construction right-of-way but only with approval of
the Engineer.
4.03 BARRICADES
Barricades shall be installed, in locations deemed necessary
by the Engineer, for the protection of life and property.
Under no circumstances will any existino road be permitted to
remain closed over a weekend. No separate pay will be made for
this item:.
4.04 PROPERTY LIMES AND MONUMENTS
The Contractor shall be responsible for the protection,
reference and resetting of property corner monuments if
disturbed.
TS -3
4.05 DISPOSAT. OF SURPT:05 :^'n :TEMPI.
The Contractor Enali at his own expense, mass arrancenent for
the disposal of surplus. material, su& as roct;, trees, brush
and ether uns'antee hackfill materials.
4.05 CONT USE OF PREMISES
The Contractor shall, at his on expense, Provide additional
space as necessary for his operations and storage of
materials.
MATERIALS
5.0i TRADE NAtES
Except as specified otherwise, wherever in the specifications
an article or class of ,material is designated Ly a trade nasscc
or by the nave or catalog number of any raker, patentee,
manufacturer, or dealer, such designations shall he taken
intending to Lean and specify the articles descri:xc cr
another eeual thereto in quality, finish, and serviceability
for the purpose intended, as may be determined and judged by
the Engineer in his sole discretion.
5.02 MAIEOi7 T S 500 WORur. 0E50? P
No nateria] which has been used by the Contractor for any
temporary purpose whatever is to be incorporated in the
permanent structure without the written consent of the
Engineer. t4here materials or equipment are specified by a
trace or brand name, it is not the intention of the cx.ner to
discriminate against an equal product of another manufacturer,
but rather to set a definite standard of quality for
performance, and to establish an equal basis for the
evaluation of bid:;. Where the words "equivalent ", "proper" or
"equal to" are used, they shall be understood to mean that the
item referred to shall be "proper ", the "equivalent" of, or
"equal to" sane other item, in the opinion or judgement or the
Engineer. Unless otherwise specified, all materials shall be
the best of their respective kinds and shall be in all cases
fully equal to approved samples. Notwithstanding that the
words "or equal to" cr other such expressions may be used in
the specifications in connection with a material, manufactured
article or process, the material, article or process
specifically aesignated shall be used, unless a substitute is
apnrovec, in writing by the Engineer, and the Engineer will
have the richt tc require the use of such specifically
designate: material, article or process.
TS -4
6 RESTORATION, REVME AND EROSION CONTROL MEASURES
(Series 600)
This item shall covern the furnishing, placing, maintaing and
removal of all erosion control measures, site work,
restoration wor'r., grading, shaoinc and seeding for al].
disturbed areas ano in accordance wits; the Plans. All
temporary erosion control measures including hay bales, roc },
berms, fabric fence and brush piles shall be erecter at the
locations as required, maintained until mina' acceptance, and
removed by the Contractor after final acceptance of U1e
proiect. The restoration of disturbe:l area an: spoil sites
shall include spreading of top soil, shaping, hydronuiching or
seeuina in accordance with the Plans. Maintenance of the
tamporary erosion control measures shah he the Contractors
responsibility until final acceptance. txistire tempors_
erosion control measures installed by others, but disturbed by
the Contractor, will be repair -eu or replaced at t ,e
Contractor's sole expense.
This item will not be measured and paid for senarately. Cots
for this itas shall be included in unit price hid tor "Water
Line Adjustment".
T1F0 7 CONCRETE STRUCTURES AND MISCELI:Atr.CJS CONCRErL
(Series 400)
This item shall govern furnishing, forming, daring, curing
and finishing of concrete including all. necessary structural
exavation for the placerent of structures or foundation
courses.
This item will not be measured and paid for separately. Cost-
for this item ebali be incluuea in unit price bid tor "relater
Line Adlustanent ".
ITEv1 8 r;ATER LINE ADJUST ENT (SE.RIES 500)
8.01 MF.'I .RIALS
Unless otherwise approved by the Engineer:
All pipe and fittings shall be ductile iron in accordance with
Aie6 C -100, minirntr:i Class 50.
All- thread rods shall be minimum 36 ksi steel, minimum 3/4"
diameter.
8.07 CONSTRUCTION
Unless otherwise approves: by the Engineer:
hhile still in service, the existing water line to be a1',u ten]
shall be exposed at either end between which new piping will
TS -5
]r installed. The existing line shall he exposed in such a
manner sc that a oetar, aination may be made as to the
distance ttcween the proposer:: severing point anu any:
ewistir7 pipe cint or ccurlinc device. F,xi tinc pine shall not
be severer within three (3') feet of any e>drtino joint cr
coupling device. If it is foune that the proposes severi n
point will be lee than three (3') feet from an e tistinc joint
or couplin ' device, the severing point shall be located beyor,r'
such joint or device and shall be at such a point that it sill
be greater than three (3') feet tram the next existing joint or
couring device. The Contractor Si Mil be re. onsible for
providing and installing any required ; 0 A pipe sec n,ent,
such segments to replace existinc pipe in order to effect
severing point location requirements.
After severing points have been determined for a give
installation, the Contractor shall assemble=- all proposed pipe
and fittings above around in such a manner that ins
will be faclitatec and that the time that the existing main
will be out of service will be kept at a minimum. The
Contractor shall be responsible for ensuring that the new
assembly will meet adequately at each point of connection
with the existing line and Gaps between new rive and existing
pine will be one - quarter (1 /4 ") inch or 1e ,. All pipe fittings
and coupling devices shall be sufficiently rodded so that after
the installation, the line segment ray be re-pre prized and
in ectsd prior to hackfill
The Contract -or small rive the Engineer twenty -four (24) hour
notice before he c,islies to perform the installation of the
new piping. Prior to any further excavation, the Engineer
shall be responsible for vaiviny off the existing line so that it
is isolated from, the overall system and no longer operational,
The Contractor shall be respon9';le for relieving any residual
pressure once the line has Peen isolated.
The Contractor shall coordinate his work in order to ensure
that no existing water line will be out of operation for more
than twelve (12) hours. No construction shall begin and no
existing water line shall be taken out of service if the
contractor is not sufficiently prepared or other circumstances
exist or are impending (such as inclement weather) that would
keep an existing line out of operation for more than twelve
(12) hours, in the opinion of the Engineer. The Contractor
will not hold the Owner liable for costs or damages due to
such delays.
After installation and prior to backfiil, the line segment shall.
be retured to service and visually inspected for leaks and/or
defects. Leaking or defective installation shall not be
acceptable. The Contractor shall be responsible for repairing
or remedying any leaking or defective installation and at his
sole expense.
TS -6
This item will be measured at the limits spe -itied per lump
sum. The work performed as prescrioed by this itau still he
raic, for at the unit price bid per lump sun' for" Loc,erino of
water line at :station(s) " which price siaii be
full compensation tor the work specifies;, including the
furni of all materials, ecuipment, tools, labor an
incidentals necessary to complete the work.
TTEm 9 CONSTRUCTION iITHICN EIGH4AY RIGPT-OF -n ?AY
T.11 construction performed within any right -of -way of the
State of Texas shall be in accordance with any rules,
reauiationn and policies of the State Department of Hichsiays
and Public Transsurtatiorl.
Copies of any applicable permits or nueci;i requirements
alreao•,' acquired by the Owner are attache: at the end of
this osction for ease of reference.
TS -7
ITEM 100 -A
TRENCH SAFETY SYSTEMS
TS-8
100.1 Description
This item shall consist of designing, furnishing, installing, and
maintaining trench safety systems required for the construction of
trench excavation and backfill made necessary by the safety system. A
trench shall be defined as a narrow excavation made belov the surface
of the ground. In general the depth is greater than the vidth but the
width is not greater than 15 feet. Trench Safety Systems include, but
are not limited to sloping, sheeting, trench shields or boxes, sheet
piling, cribbing, bracing, shoring, dewatering, or diversion of water
to provide adequate drainage.
100.2 Safety
Safety of personnel on the work site is of paramount importance to
the 0vner. Contractor shall initiate and maintain a trench safety
training program which shall provide for frequent and regular training
sessions. The trench safety program shall be in accordance with
Occupational Safety and Health Administration (OSHA) standards govern-
ing the presence and activities of individuals vorking in and around
trench excavation.
Contractor shall submit documentation of the existence and content of
the safety training program at or before the Pre - Construction Confer-
ence.
At or before the Pre - Construction Conference, the Contractor shall
also submit a letter signed by an officer of the entity certifying
that no employee of the Contractor or Subcontractor will be alloyed in
or near a trench excavation on this project unless the employee has
first successfully completed training in basic trench safety subjects.
In the same letter, the Contractor shall also name the "competent
person" (foreman or superintendent) who is to be 'reasonably available
to the project at all times when trench construction work is in pro-
gress and who is empowered to act for the Contractor in trench safety
matters. The competent person shall be one vho is capable of identi-
fying existing hazards in the surroundings, or vorking conditions
which are unsanitary, hazardous, or dangerous to employees, and who
has author'.zation to take prompt corrective measures to eliminate
those conditions.
TS - 9
Item No. 100 - A
Trench Safety Systems
3/30/66 100 -A
100.3 Trench Safety Plan
Vithin three weeks following the opening of bids, the Contractor shall
submit to the Engineer /Architect, a plan for a Trench Safety System
which shall conform to the provisions of Subpart P, Part 1926 of the
Code of Federal Regulations and which shall be capable of being in-
stalled within the available vork space. Failure to submit the re-
quired plan within the allowable•time may be cause for rejecting a
proposal as being non - responsive. The plan shall be prepared and
sealed by a Professional Engineer, registered in the State of Texas
and qualified by experience to design such systems., The plan shall
contain as a minimum the following:
1. A plan or other designation of the areas in which each type
of system shall be used.
2. Drawings, manufacturer's data, or other method of identifying
the various elements of the system vith sufficient specific-
ity to allow positive identification during construction, and
installation requirements sufficient to alloy field verifica-
tion of proper installation.
3. Hanufacturer's written specifications, recommendations,
limitations, and manufacturer's permission to deviate from
those specifications, recommendations, and limitations.
4. Engineering calculations or manufacturer's certifications
showing that the system is designed to withstand anticipated
loadings and to provide protection throughout the full depth
of the trench. Loads used for design of the Trench Safety
System shall be as determined by the Contractor's geotechni-
cal consultant except in that no case shall the design load -
ings used be less than •45 psf per foot of height of the
trench plus adjacent soil bank for shoring systems or less
than 55 psf per foot of height of the trench plus soil
bark for trench shield or trench box design.
5. If proper installation of the proposed Trench Safety Plans
require trench widths in excess of those noted in the
Standard Details or Standard Specifications, the plan shall
also contain engineering calculations showing that the
additional loadings imposed by the increased width do not
result in a need for a stronger class of pipe. If the
calculations show that a stronger class of pipe is required,
the additional cost shall be included in the price bid for
construction of the pipe.
The purpose of submittal review by the Engineer /Architect is to deter-
mine that the Contractor has planned the trenching work and the trench
safety systems required, that a qualified professional engineer has
assisted the Contractor in this planning, and that the plan is in
general conformance with the project design requirements. The review
TS -10
• 3/30/88 100 -A
of submittals does not relieve the Contractor of full responsibility
for trench safety, including selection, excavation and construction
procedures, methods and materials. The Contractor is solely responsi-
ble for any and all property damage or bodily injury, including death,
that arises from his trenching activities, whether or not performed in
accordance with the submittals.
100.4 Soils Information
The Owner may have obtained geotechnical information, vhich may
include sub - surface data, logs of soil borings, and recommendations
from geotechnical consultants. Any information obtained is solely for
use by the City and /or its design consultants in the design of the
project and are not part of the contract. If soil borings have been
prepared they will be included in Section 00220 of this Project Manual
or on the plans. Any geotechnical information included is for
information only. The City • and its design consultants do not
guarantee the accuracy or validity of the data, nor do they assume any
responsibility for any interpretations or conclusions the Contractor
may draw from the data.
The Contractor shall provide to the Contractor's Professional
Engineer all information needed to design the Trench Safety System
required by Section 100.3• The Contractor may, at his option, perform
additional sub surface investigations at his own expense.
100.5 Inspections
Contractor's "competent person" shall inspect the trench, the adjacent
area. and the trench safety system each day, before alloying workers
to enter the trench, for evidence of any situation vhich might result
in unsafe vorking conditions and to ensure the system meets OSHA
requirements. Such inspections shall also be performed following
rainfall or any other occurrence, such as encountering unexpected
sub - surface conditions, which could result in hazardous conditions.
If evidence of possible cave -ins or slides is noted, or any time a
safety system is damaged, work shall immediately cease and all
personnel shall be removed from the trench. Personnel shall be
required to remain outside the trench until the necessary repairs,
reinforcement, or other appropriate actions have been taken as
directed by Contractor's "competent person ". After the appropriate
action has been taken the "competent person" shall inspect and approve
the work before allowing the personnel to re -enter the trench. The
Contractor shall maintain a permanent record of inspections vhich
shall be made available to the Owner upon request.
TS - 11
3/30/88 100 -
100.6 Construction Methods
Trench safety systems shall be constructed in accordance with the
detailed specifications set out in the provisions of Excavations,
Trenching, and Shoring, U.S. Department of Labor Occupational Safety
and Health Administration (OSHA) Regulations, 29 CFR, Part 1926,
Subpart P. A reproduction of the specifications is attached for the
convenience of the Contractor. The Owner assumes no responsibility
for the accuracy of the reproduction.' The Contactor is responsible
for obtaining a current copy of this section of the Federal Register
for use during the project.
Contractor shall not alloy any employee to enter any trench at any
time, including during excavation, construction, backfilling, or other
such operations, unless the proper Trench Safety System is in place in
that section of trench.
Contractor shall at all times safely guard all property from injury or
loss in connection with this Contract. Be shall at all times safely
guard and protect his ovn vork and any adjacent property from damage.
Contractor shall repair, replace, or otherwise make good any such
damage, loss, or injury arising out of Contractor's excavation
operations.
100.7 Alternate Designs
During construction, the Contractor may desire to utilize an alternate
trench safety system due to unexpected conditions, to expedite the
construction, or for some other reason. The plan for the proposed
alternate system shall be prepared in conformance vith Section 100.3
by Contractor's Professional Engineer and submitted to the
Architect /Engineer for approval. Contractor shall not begin
utilization of any alternate system until the substitution is
authorized by change order.
100.8 Indemnification
The Contractor shall indemnify and hold harmless the City, its
employees, its agents, and its design consultants, from any and all
damages, costs (including, without limitation, legal fees, court costs
and the cos: of investigation), judgments, or claims by anyone for
injury or death of persons resulting from the collapse or failure of
trenches constructed under this contract.
The Contractor acknowledges and agrees that this indemnity provides
indemnity of the City in case the City is negligent either by act or
omission in providing trench safety, including, but not limited to
inspection, failure to issue stop vork orders, and the hiring of the
Contractor.
TS -12
3/30/88 100 -A
100.9 Measurement
Trench safety systems shall be measured by linear foot of actual
system installed along the centerline of trench vhen depth exceeds
five feet, completely installed to Contractor's approved plan and
specifications, maintained, and removed when no longer required,
including any excavation required for installation, and any additional
backfilling caused by such installation.
100.10 Payment
Payment for Trench Safety Systems, measured as prescribed above, will
be made et unit price bid per linear foot for safety systems in
Contractor's approved plan and specifications, which price shall
include special clearing, excavation and backfilling.
Payment for general clearing, excavation, bedding, pipe, backfill and
restoration of vegetation or street surfaces are not included in this
item, but will be paid under other items bid.
Payment will be made under the following pay item:
Safety Systems Excavations and Trenchec (a11
depths exceeding 5 feet) - Per Linear Foot.
End.
TS -13
3/30/88 100 -A
IMMI OM =
Appendix
CONSTRUCTION Safety & Health Regulations Pert 1626
Subpart P— Excavations, Trenching, and Shoring
1926 - 650 — General protection roqulromonts.
(a) Walkways, runways, and sidewalks shall be kept clear of ex-
cavated material or other obstructions and no sidewalks shall be
undermined unless shored to carry a minimum live load of one hun-
dred and twenty -five (125) pounds per square foot.
(b) If planks are used for raised walkways, runways, or
sidewalks, they shall be laid parallel to the length of the walk and
fastened together against displacement.
(c) Planks shall be uniform in thickness and all exposed ends
shall be provided with beveled cleats to prevent tripping.
(d) Raised walkways, runways, and sidewalks shall be provided
with plank steps on strong stringers. Ramps, used in lieu of steps,
shall be provided with cleats to insure a safe walking surface.
(c) All employees shall be protected with personal protective
equipment for the protection of the head, eyes, respiratory organs,
hands, feel, and other parts of the body as set forth in Subpart E of
(Isis part.
(f) Employees cxposcd to vehicular traffic shall be provided with
and shall be instructed to wear warning vests markcd with or made
of re0ectorizcd or high visibility material.
(g) Employees subjected to hazardous dusts, gases, fumes,
mists, or atmospheres deficient in oxygen, shall be protected with
approved respiratory protection as set forth in Subpart D of this
part.
(h) No person shall be permitted under loads handled by power
shovels, derricks, or hoists. To avoid any spillage employees shall
be required to stand away from any vehicle being loaded.
(1) Daily inspections of excavations shall be made by a compe-
tent person. If evidence of possible cavc -ins or slides is apparent, all
work in the excavation shall cease until the necessary precautions
have been taken to safeguard the employees.
1926.651— SpecIflc excavation requirements.
(a) Prior to opening an excavation, effort shall be made to deter-
mine whether underground installations, i.e., sewer, telephone,
water, fuel, electric lines, etc., will be encountered, and if so, whcrc
such underground installations sec located. Whcn the excavation
approaches the estimated location of such an installation, the exact
location shall be determined and when it is uncovered, proper sup-
ports shall be provided for the existing Installation. Utility com
panies shall be contacted and advised of proposed work prior to the
start of actual excavation.
(b) Trees, boulders. and other surface encumbrances, located so
as to create a hazard to employees involved in excavation work or
in the vicinity thereof at any time during operations, shall be
removed or made safe before excavating is begun.
(c) Thc walls and facet of all excavations In which employees are
exposed to danger from moving ground shall be guarded by a shor-
ing system, sloping of the ground, or some other equivalent means.
(d) Excavations shall be inspected by a competent person after
every rainstorm or other hazard - increasing occurrence, and the
protection against slides and cavc -ins shall be increased if
necessary.
(c) Thc determination of the angle of repose and design of the
supporting systcm shall be based on careful evaluation of pertinent
factors such as: Depth of cut; possible variation in water content of
the material while the excavation is open; anticipated changes in
materials from exposure to air, sun, water, or freezing; loading im-
posed by structures, equipment, overlying material, or stored
material; and vibration from equipment. blasting, traffic, or other
1 sources.
(f) Supporting systems, i.e., piling, cribbing, shoring, etc., shall
bc designed by a qualified person and meet accepted engineering re-
quirements. Whcn lie rods are used to restrain the top of sheeting
or other retaining systems, the rods shall be securely anchored well
back of the angle of repose. When tight sheeting or sheet piling is
used, full loading due to ground water table shall be assumed.
unless prevented by weep holes or drains or other means. Addi-
tional stringers, tics, and bracing shall be provided to allow for any
necessary temporary removal of individual supports.
(g) All slopes shall be excavated to at least the angle of repose ex-
cept for areas where solid rock allows for line drilling or presplit-
ling.
(h) The angle of repose shall be flattened when an excavation
has water conditions, silty materials, loose boulders, and areas
where erosion, deep frost action, and slide planes appear.
(1) (I) In excavations which employees may be required to enter,
excavated or other material shall bc etfectively stored and retained
at least 2 feel or more from the edge of thc excavation.
(2) As an alternative to the clearance prescribed In sub-
paragraph (I) of this paragraph, thc employer may use effective
barriers or other effective retaining devices in lieu thereof in order
to prevent excavated or other materials from falling into the es.
cava lion.
(j) Sides, slopes, and faces of all excavations shall meet accepted
engineering requirements by scaling, benching, barricading, rock
bolting, wire meshing, or other equally effective means. Special at-
13
tendon shall be given to slopes which may be adversely affected by
weather or moisture content.
(k) Support systems shall be planned and designed by a qualified
person when excavation is in excess of 20 feel in depth, adjacent to
structures or improvements, or subject to vibration or ground
water.
(I) Materials used for sheeting, sheet piling, cribbing, bracing,
sharing, and underpinning shall be in good serviceable condition,
and timbers shall bc sound, free from large or loose knots, and of
proper dimensions.
Oh) Special precautions shall be taken in sloping or shoring the
sides of excavations adjacent to a previously backfillcd excavation
or it fill, particularly when the separation is less than the depth of
the excavation. Particular attention also shall be paid to joints and
scams of material comprising a face and the slope of such scams
and joints.
(n) Except in hard rock, excavations below the level of the base
of footing of any foundation or retaining wall shall not be permit-
ted, unless the wall is underpinned and all other precautions takcn
to insure the stability of the adjacent walls for the protection of
employees involved in excavation work or in the vicinity thereof.
(a) If the stability of adjoining buildings or walls is endangered
by excavations, shoring, bracing, or underpinning shall be pro-
vided as necessary to insure their safety. Such shoring, bracing, or
underpinning shall be inspected daily or more often, as conditions
warrant, by a competent person and the protection effectively
maintained.
(p) Diversion ditches, dikes, or other suitable means shall be
used to prevent surface water from entering an excavation and to
provide adequate drainage of the area adjacent to the excavation.
Water shall not bc allowed to accumulate in an excavation.
(q) If it is necessary to place or operate power shovels, derricks,
trucks, materials, or other heavy objects on a level above and near
an excavation, the side of the excavation shall be sheet - piled,
shored, and braced as necessasy to resist the extra pressure due to
such superimposed loads.
(r) Blasting and the use of explosives shall be performed in ac-
cordance with Subpart U of this part.
(s) When mobile equipment is utilized or allowed adjacent to ex-
cavations, substantial stop logs or barricades shall be Installed. If
possible, the grade should be away from the excavation.
(1) Adequate barrier physical protection shalt be provided at all
remotely loured excavations. All wells, pits, shafts, etc., shall be
barricaded or covered. Upon completion of exploration and similar
operations,"Iemporary wells, pits, shafts, etc., shall be backfillcd.
14
s
(u) If possible, dust conditions shall bc kept to a minimum by
the use of water, salt, calcium chloride, oil, or othcr means.
(v) In locations where oxygen deficiency or gaseous conditions
are possible, air in the excavation shall be tested. Controls, as set
forth in Subparts D and E of this part, shall bc established to assure
acceptable atmospheric conditions. When flammable gases are pre-
sent, adequate ventilation shall be provided or sources of ignition
shall bc eliminated. Attended emergency rescue equipment, such as
breathing apparatus, it safely harness and line, basket stretcher,
etc., shall be readily available where adverse atmospheric condi-
tions may exist or develop in an excavation.
(w) Where employees or equipment arc required or permitted to
cross over excavations, walkways or bridges with standard guard-
rails shall be provided.
(x) Where ramps are used for employees or equipment, they
shall be designed and constructed by qualified persons in accord
ante with accepted engineering requirements.
(y) All laddcrs.used on excavation operations shall be in accord-
ance with the requirements of Subpart L of thls part.
1926.652— Speclllc trenching requirements.
(a) Banks more than 5 feel high shall be shored, laid back to a
stable slope, or some other equivalent means of protection shall be
provided where employees may be exposed to moving ground or
cave -ins. Refer to Table P -1 as a guide in sloping of banks.
Trenches less than 5 feet in depth shall also be effectively protected
when examination of the ground indicates hazardous ground
movement may be expected.
(b) Sides of trenches in unstable or soft material, 5 tat or more
in depth, shall be shored, sheeted, braced, sloped, or otherwise sup-
ported by means of sufficient strength to protect the employees
working within them. See Tables P -1, P -2 (following paragraph (I)
of this section).
(c) Sides of trenches in hard or compact soil, including em-
bankments, shall bc shored or otherwise supported when the trench
is more than 5 feet in depth and 8 feet or more in length. In lieu of ,
shoring, the sides of the trench above the 5 -foot level may be sloped
to preclude collapse, but shall not be steeper than a 1 -foot rise to
each 1/2-foot horizontal. When the outside diameter of a pipe Is
greater than 6 feet, a bench of 4 -fool minimum shall be provided at
the toe of the sloped portion.
(d) Materials used for sheeting and sheet piling, bracing, shor-
ing, and underpinning, shall be in good serviceable condition, and
timbers used shall be sound and free from large or loose knots, and
15
shall At designed and installed so as to bc effective to the bottom of
the excavation.
(c) Additional precautions by way of shoring and bracing shall
be taken to prevent slides or cave -ins when excavations or trenches
arc made in locations adjacent to back filled excavations, or where
excavations are subjected to vibrations from railroad or highway
lraf fic, the operation of machinery, or any outer source.
(1) Employees entering bell - bottom pier holes shall be protected
by the installation of a removable -type casing of sufficient strength
to resist shifting of the surrounding earth. Such Temporary protec-
tion shall be provided for the full depth of lhnl part of each pier
bolt winch is above the bell. A lifeline, suitable for instant rescue
and securely fastened to a shoulder harness, shall be worn by each
employee entering the shafts. This lifeline shall be individually
manned and separate from any line used to remove materials ex-
cavated from the bell footing.
(g) (I) Minimum requirements for trench limbering shall be in
accordance with Table P -2.
(2) Braces and diagonal shores in a wood shoring system
shall not be subjected to compressive stress in excess of values given
by the following formula:
S= 1300— 20L
Where: -
L = Length, unsupported, in inches.
D = Least side of the timber in inches.
S = Allowable stress in pounds per square inch of cross - section.
(h) When employees are required to bc in trenches 4 feet dccp or
more, an adequate means of exit, such as ■ ladder or steps shall be
provided and located so as to require no more than 25 feel of lateral
travel.
(i) Bracing or shoring of trenches shall be carried along with the
excavation.
(i) Cross braces or trench jacks shall bc placed in truc horizontal
position, be spaced vertically, and be secured to prevent sliding.
falling, or kickouts.
(k) Portable trench boxes or sliding trench shields may be used
for the protection of personnel in lieu of a shoring system or slop-
ing. Where such trench boxes or shields are used, they shall be
designed, constructed, and maintained in a manner which will pro-
vide protection equal lo or greater than the sheeting or shoring re-
quired for the trench.
16
D
Maximum L = 50
D
(1) Backfilling and removal of trench supports shall progress
together from the bottom of the trench. Lacks or bracts shall be
released slowly and, In unstable soil, ropes shall bc used to pull out
the jacks or braces from above after employees have cleared the
trench.
1.101 C�.r. Sw I. lrm e
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sk r.
so.l••I
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31
Er
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2
APPROXIMATE ANGLE OF REPOSE
FOR SLOPING OF SIDES OF EXCAVATIONS
17
MI M IM I OM NM M OM S M — M M I MOM= MN
9
s
c
2
d
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F L
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as
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9
1926.653—Definitions applicable to this subpart.
(a) "Accepted engineering requirements (or practices)" —Those
requirements or practices which arc compatible with standards re-
quired by a registered architccI, a registered professional engineer.
or or duly licensed or recognized authority.
(b) "Angle of repose" —The greatest angle above the horizontal
plant at which a material will tic without sliding.
(c) "Bank " —A mass of soil rising abovc a digging level.
(d) "Belled czcavalion " —A part of a shaft or footing excava-
lion, usually ncar the bottom and bell - shaped; i.c., an cnlargcmcnt
of the cross section abovc.
(c) "Bracts (trench)" —The horizontal members of thc shoring
system whose ends bear against the uprights or stringers.
(1) "Excavation" —Any manmadc cavity or depression in the
earth's surface, including its sides, walls. or faces, formed by earth
removal and producing unsupported earth conditions by reasons of
the excavation. If installed forms or similar structures reduce the
dcpth -lo -width relationship. an czcavalion may become a trench.
(g) "Faces " —Sec paragraph (k) of this section.
(h) - 'Hard compact soil"—All earth matcrisis not classified as
running or unstable.
(i) "Kickouts "— Accidental release or failure of a shore or
brace.
(j) "Sheet pilc " —A pile, or sheeting, that may form one of a
continuous interlocking line, or a row of timber, concrete, or steel
piles, driven in close contact to providc a tight wall to resist the
latcral pressure of water, adjacent carth, or other materials.
(k) "Sides," "Walls," or "Faces — The vertical or Inclined
carth surfaces formed as a result of excavation work.
(I) "Slope " —The angle with the horizontal at which a particular
earth matcrial will stand indefinitely without movement.
(m) "Stringers" (wales) —The horizontal members of a shoring
systcm whose sides bur against the uprights or earth.
(n) "Trcnch " —A narrow excavation made bclow the surface of
the ground. In general, the depth is greater than the width, but the
width of a trench is not greater than 13 feet.
(o) "Trcnch jack" —Screw or hydraulic type jacks used as cross
bracing in a Trcnch shoring systcm.
(p) "Trench shield " —A shoring systcm composed of sleet plates
and bracing, welded or bolted together, which support the walls of
a trench from the ground level to thc trench bottom and which can
be moved along as work progresses.
' Form 1023 Non- Reimbumsb1e Utility Adjustment
Rev. 12 -87 -
1
Notice of Proposed Installation
Utility Line on Non - Controlled Access Highway
Date January 19, 1989
' To the State Highway and Public Transportation Commission
c/o District Engineer
I State Department of Highways and Public Transportation
Austin ,Texas
' Formal notice is hereby given that The City of Round Rock
Company proposes to place a adiustment of existing water lines
' line within the right -of -way of Loop 384
in Williamson Highway No U • S . Highway 81
County, Texas as follows: (give location, length, general design, etc.)
As per attached plans:
1
The line will be constructed and maintained on the highway right -of -way as shown on the attached drawing and in
accordance with governing laws, including, but not limited to any rules, regulations and policies of the State
I Department of Highways and Public Transportation.
Our Firm further understands that the State considers proper traffic control measures as those complying with
' applicable portions of the Texas Manual of Uniform Traffic Control Devices required for adoption by the "Uniform
Act Regulating Traffic on Highways' (V.C.S. 6701d).
• The location and description of the proposed line and appurtenances is more fully shown by three (3)
complete sets of drawings attached to this notice.
Construction of this line will begin on or after the 1st
day of March 19 89
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Firm City of Round Rock
1 By d Lao
' Title Senior Engineer
Address 221 East Main Street
Round Rock, Texas 78664
Fcrm 1023
Rev. 12 -87
' To City of Round Rock
221 East Main
Round Rock. Texas 78664
The State Department of Highways and
way of your proposed adjustment of
January 19, 1989
Special Provisions:
APPROVAL
SEE ATTACHED SHEETS OF SPECIAL PERMIT PROVISIONS.
FOR INSPECTION
' RECEIVED FEB g 6 1T1
Control 15 Section 16
Hwy. No. LOOP 384
Maintenance Section No. 012
Williamson County
Date February 3, 1989
Permit No. 012 -07-89
Public Transportation offers no objection to the location on the right -of-
water line line as shown by accompanying drawings and notice dated
except as noted below.
It is expressly understood that the State Department of Highways and Public Transportation does not purport,
hereby, to grant any right, claim, title, or easement in or upon this highway; and it is further understood that the
State Department of Highways and Public Transportation may require the owner to relocate this line, subject to
provisions of governing laws, by giving thirty (30) days written notice.
You are requested to notify this office prior to commencement of any routine or periodic maintenance which
requires pruning of trees within the highway right -of -way, so that we may provide specifications for the extent and
methods to govern in trimming, topping, tree balance, type of cuts, painting cuts and clean -up. These specifications
are intended to preserve our considerable investment in highway planting and beautification, by reducing damage
due to trimming.
The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum
inconveniences to traffic and adjacent property owners. In the event the Owner fails to comply with any or all of the
requirements as set forth herein, the State may take such action as it deems appropriate to compel compliance.
Minimum clearances above the roadway for aerial utilities shall be 22' for power lines and 18' for communications
lines.
SEE SPECIAL
REQUIREMENT
ATTACHED
Please notify Mr. Bill Glenn telephone 512/863 -3711
at least forty -eight (48) hours prior to starting construction of the line in order that we may have a representative
present.
State Department of Highways
and Public Transportation
By: a/..41 — / I / /At∎il
ristrict Engineer -- District Nof /
I/
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STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
DISTRICT NO. 14
SPECIAL REQUIREMENTS FOR INSTALLATION OF UTILITIES ON HIGHWAY RIGHT -OF -WAY
(1) Coordination of Work with Highway Contractor or State Forces
(2) Changes in Location of Proposed Utilities
No changes shall be made in approved location of utilities within
limits of highway right -of -way without prior authorization of State
Department of Highways and Public Transportation.
Adjustment of Utility Poles and - Appurtenances
No deviations shall be made from the location of underground lines
approved or designated by the State Department of Highways and Public
Transportation either during planning or construction to avoid utility
poles. Where such poles are adjacent to any proposed underground
line, Utility Owner shall make necessary arrangements with other
Utility Owners for moving poles and appurtenances and /or supporting
same during trenching operations. ,
Any poles, anchors, etc. relocated to clear the proposed underground
line shall be moved toward the highway right -of -way line and location
shall be subject to the State Department of Highways and Public
Transportation approval.
(4) Submission of Project Drawings to State
Prints of detailed drawings showing exact plan location and profile of
underground lines shall be submitted to the State Department of
Highways and Public Transportation well in advance of construction of
line, for verification that location of line is in accordance with re-
quirements specified herein.
Utility Section
Revised Feb. 4, 1988
Page 1 of 7
(3)
If any portion of related highway is under construction, no Utility
Owner's Forces or contractors shall enter within the highway right -of-
way without first consulting the Highway Contractor and making neces-
sary arrangements to coordinate installation of its facilities with
Highway Construction.
All work relative to installation of Utility Owner's facilities shall
be conducted in such manner as not to interfere in any way with opera-
tions of the Highway Contractor.
The above requirements with respect to coordination of work with
Highway Contractors shall likewise apply to work being done by State
Forces.
(5) Staking of Utility Lines in Advance of Construction
Utility lines shall be staked well in advance of construction of line
so that the Highway Department can inspect staking to verify that
alignment conforms to requirements set out herein and that there is no
conflict with highway facilities:
Utility Owner shall give the Highway Department no less than 48 hours
notice ahead of time when staking of -line -will be completed.
(6) Notification of Abandonment of Location Authorized by Permit and
Assignment of Authorized Location to Other Utility Owners
It is expected that where the installation of utility line has been
authorized, such installation will be made. within a reasonable period
after approval of permit, otherwise, the Department' reserves the right
to assign the location originally approved. for the line to another
utility. - -
(7) Inspection by Highway Department Representatives
(8)
If construction of Utility line has not been started within 4 months
after date of approval, the Utility'Owners shall immediately notify
the State Department of Highways and Public Transportation whether it
is still intended to install the line and the date construction will
commence. If the owner intends to abandon all or any part of the
authorized location, the Department shall be informed accordingly so
that such abandoned location may be assigned to other utilities if
deemed necessary by the Department..
Utility Owners shall inform their forces or contractors that all
utility installations authorized by Utility Agreement or Permit shall
be subject to such inspection and tests as'may be deemed necessary by
the State Department of Highways and Public Transportation to verify
that work is being done in accordance with Highway Department require-
ments. All supervisory personnel shall-be instructed to furnish such
information and cooperation as may be• required to perform such inspec-
tion.
Copy of Permit on Job Site
A copy of the approved'permit shall:be kept on the'site of the work at
all times whep' work :is.: 'in progress 5 ,_. t `i•' -
Full- Time Supervision end Inspection.-
The Utility Owner shall provide'tcompetent` full -time on- the -site super-
visor s'or inspectors for.all utility installations either authorized
by permit -or covered lay utility agreement .with the State Department of
Highways and Public Transportation.'
Utility Section
Revised Feb. 4, 1988
Page 2 of 7
(10) Incorrect Location of Utilities
Any pipe incorrectly located during construction to conflict with any
highway structure shall be removed and laid in proper location at en-
tire expense of Utility Owner.
(11) Protection of Highway Facilities During Installation of Line
All construction operations relative to installation of the pipeline
shall be conducted to such manner as to protect highway facilities
from damage at all times.
(12) Disposal of Excess Excavation and Clean Up
Excess material from trench excavation shall be removed from highway
right -of -way and job site cleaned up and left in satisfactory condi-
tion.
(13) Repair and Replacement of Riprap and Earth Slopes
Any existing riprap cut by trenching operations shall be replaced and
surface of new riprap finished to match that of existing riprap. Con-
crete riprap shall contain not less than 3 sacks of cement per cubic
yard of concrete. Reinforcing steel shall conform to that of existing
riprap.
Slopes of highway cuts and embankments damaged by any operations re-
lating to installation of utility shall be repaired and restored to
the exact contour existing prior to initiation of the utility project.
All earth placed in the restoration of slopes, etc., shall be com-
pacted to a density equal to or greater than that of the original
slope as directed by the State Department of Highways and Public
Transportation representative.
(14) Replacement of Base and Pavements
Where removal of base and pavement has been authorized, all such base
and pavement shall be replaced as directed by State Department of
Highways and Public Transportation representative.
All existing pavement and related flexible or concrete base, which is
to remain in service either permanently or temporarily, or to be in-
corporated as a part of the highway project, shall be replaced.
(15) Revegetation
The permit holder is solely responsible for revegetation of all areas
damaged or destroyed by utility construction. The Utility Owner will
be held liable and responsible for such areas until growth is reestab-
lished to the satisfaction of an authorized representative of the
State Department of Highways and Public Transportation ( SDHPT). Re-
vegetation practices will,00nsist of one or more of the following
applications deemed necessary and appropriate by an authorized re-
presentative of the SDHPT.
Utility Section
Revised Feb. 4, 1988
Page 3 of 7
Rate and type of application for seed mixture and for fertilizer will
be specified by an authorized representative of the SDHPT. Hydraulic
mulching, Coastal Bermudagrass hay.mulch, and /or erosion control
blanket and matting shall be used where deemed necessary by an autho-
rized SDHPT representative.
Coastal Bermudagrass Hay Mulch
A mulch of Coastal Bermudagrass hay shall be spread uniformly at the
rate of 2.0 T /acre., The area shall be hand mulched and anchored by
cleating or crimping with a track machine. The area shall not be
rolled with a rubber tire roller.
Ornamental landscape plantings of trees, shrubs and grasses that are
damaged or destroyed during construction of the utility for which the
permit was issued shall be replaced by the utility owner with plant
material of comparable size and quality approved by an authorized
representative of the SDHPT.
Revegetation measures will begin as soon as practical. The SDHPT re-
serves the right to require the immediate installation of revegeta-
tion measures whenever deemed necessary by an authorized represen-
tative of the SDHPT.
The SDHPT reserves the right to require any additional revegetation
measures deemed necessary by an authorized representative of the SDHPT
at any time after construction has begun until the SDHPT has accepted
the erosion control measures and revegetation measures of the Utility
Owner.
(16) Installation of Lines Beneath Pavements
No open cuts for pipe trenches shall be made across any pavement be-
neath main highway traffic lanes or turning lanes, acceleration lanes,
deceleration lanes and other similar facilities unless specifically
authorized by the SDHPT. Pipe shall be installed by boring and tun -
neling and boring shall be cased and pressure grouted to seal voids
between casing and adjacent earth.
No open cuts;will,be across such - connections where pavement
has been constructed without written permission of the SDHPT.
.(17) Casing of Lines
Utility' lines, carrying' liquids or. gases under,pressure may be in-
stalled':uncase&yin'accordance, with State' Department of Highways and
`Publtc.Transportation:Utility Accommodation • Policy. Water lines
crossing beneath culverts shall ° cased and casing shall project 5'
beyond outside'limits..of,culvert Voids s=ound casing, placed by
tunneling or• boring s hall be pressure grouted..
Utility Section
Revised Feb. 4, 1988
Page 4 of 7
(18) Use of Explosives
No explosives shall be used within limits of highway right -of -way
without written permission of the State Department of Highways and
Public Transportation.
Requests for permission to use explosives shall include the following
information:
Utility Section
Revised April 1, 1986
Page 5 of 7
(a) Location of highway where use of explosives is proposed.
(b) Type and amount of explosives to be used.
If the use of any explosives is permitted, all blasting operations
must be conducted in such manner as to completely protect adjacent
property and the traveling public and not interfere with highway
traffic. No blasting will be permitted in the vicinity of any
structures or beneath any pavements which are to remain in use.
(19) Protection of Highway Traffic, Barricades, Warning Signs, Etc.
No construction operations relative to installation of utilities will
be permitted within the limits of existing pavements carrying traffic,
or shoulders adjacent thereto, unless specifically authorized by the
State Department of Highways.and Public Transportation. Excavated
materials shall be kept off pavement at all times.
Barricades, warning signs, flares, flashing devices, and flagmen shall
be provided by the Utility Owner or his Contractor when necessary.
(20) Protection of existing Utilities
(a) Prior to selecting a location for a proposed installation or
accepting a location suggested by the State for such instal-
lation, the Utility Company shall take all. necessary steps
to determine that the location is not already occupied by
another Utility and to determine that no damage will be done
to existing Utilities.
Prior to beginning actual construction operations the
Utility Company shall notify all other Utility Companies
who may have facilities in the area so they can determine if
the proposed construction will conflict with or otherwise
damage their facilities.',
(21) Use of'Plastic Pipe and Nonmetallic Pipe....
Where nonmetallic pipe is installed longitudinally, a metal wire shall
be concurrently installed or other means shall be provided for detec-
tion purposes.
(22) Above Ground Appurtenances to Underground Utilities
Above ground installation,' such as pedestals, fire hydrants, meters,
etc., installed as a part of an underground utility shall be located
at or near the right -of -way line, well outside the highway maintenance
operation area.
(23) Markers
The utility company shall place a readily identifiable and suitable
marker at each right -of -way line for highway crossings except where
marked by a vent.
(24) Erosion Control
The permit holder is solely responsible for the control of any eroding
materials that are the result of the construction of the utility for
which the permit was issued.
Temporary Erosion Control
Geofab silt fence or comparable product approved by an authorized
representative of the SDHPT shall be installed surrounding spoil
sites, fill'piles and excavated areas to control runoff or siltation
of materials into surrounding areas.
Coastal.8ermudgrass hay .bales,-wheh approved by an authorized SDHPT
representative, may be used in non- critical construction areas to
surround spoil sites, fill piles and excavated areas to control run-
off or. siltation of materials into surrounding areas.
Permanent Erosion Control
Whenever an underground utility crosses the- centerline of a drainage
channel or enters the flow line of a drainage channel, a concrete cap
or comparable permanent: protection.approved by an authorized represen-
tative of the SDHPT - shall be required.
The SDHPT reserves the right to require any additional erosion control
measures that. are. deemed necessary by an.authorized representative of
the SDHPT at any after construction has begun until the SDHPT has
`,.accepted the erosion control measures and revegetation measures of the
utility-owner.
(25) General provision
"the - Department will not be responsible fbr damage to this line by
maintenance-- or'construction machinery. ^ '�
Utility Section
Revised Feb. 4, 1988
Page 6 of 7
`(26) Prot of Trees Within 1 ighway Right -of -Way
All construction - operations relative
Utilities shall , be - conducted in such
trees' from damage at all-timesi..
locations of trees shallbe noted on'
with Permit request
Utilities placed within the dripline of desirable trees
shall be bored or hand dug to prevent -root damage and loss
of trees.
Tree trimming shall be in accordance with S.D.H.P.T. Guide-
lines.
Utility Section
Revised February 4, 1988
Page 7 of 7
to installation of
`manner as to protect
Plans submitted