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R-89-1352 - 9/28/1989WHEREAS, the City of Round Rock has duly advertised for bids for the Oxford to Greenlawn 12" line Project and the Little Oaks Waterline Improvements Project, and WHEREAS, Rhode Construction Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Rhode Construction Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Rhode 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 Rhode Construction Company for the Oxford to Greenlawn 12" line Project and the Little Oaks Waterline Improvements Project; a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of September, 1989. ATTEST: C- RS09289L LAND, City Secretary RESOLUTION NO. /35,2., MIKE ROBINSON, Mayor City of Round Rock, Texas `f2 -e_e_O( oulter ngineering COULTER ENGINEERING COMPANY PO, Box 2141 309 E Main Round Rock, Texas 78680 (5121 244 -6276 Mr. James R. Nuse, P.E. Director of Public Works 300 South Blair Round Rock, Texas 78664 Dear Jim: Re: Oxford to Greenlawn & Little Oaks Subdivision Waterlines JBC /ks Attachments September 21, 1989 Sincere Jams B. Coulter, P.E. JAMES B. COULTER, P.E. Cf Lane Planning Construction Inspection Construction AEmmistral,on After reviewing the six bids received September 19, 1989 on the above referenced projects, I would recommend that award of both contracts go to Rhode Construction Company, the low bidder on both projects. The total bid for both contracts is $52,937.85. The attached bid tabulation sheets detail all the bids received. The bid package included an add alternate for 8" diameter pipe in lieu of 6" for the Little Oaks Project. The low bidder included a figure of $6,116.15 for this item. If the funds are available, I would recommend inclusion of the alternate for a total of $59,054.00, which is still more than $7,000.00 below the nearest competitor's base bid. Please feel free to contact me if you have questions or comments. I BIDDER Rhode Construction Co J. C. Evans Haeqelin Construction C.C.E. Austinn inPPrinq ({ ITEM UNIT PRICE TOTAL T CE TOTAL UNI PRI TOTAL NIT •;ICE TOTAL UNIT RI TOTAL . . • Imo 775 L.F. 12" Water Malin 18.60 14,415.00 20.80 16,120.00 24.40 18,910.00 21.19 16,422.25 26.00 20,150.00 5,950.00 2. 70 L.F. 12" Bore & Encase 60.00 4,200.00 107.00 7,490.00 105.00 7,350.00 76.40 5,348.00 85.00 3. 3 EA. 12" Gate Valve 900.00 2,700.00 905.00 2,715.00 850.0C 2,550.00 1,000.0C 3,000.00 960.00 2,880.00 425.00 4. 1 EA. 6" Gate Valve 360.00 360.00 440.00 440.00 375.0E 375.00 444.4 444.42 425.00 5. 1 EA. 5i" Fire Hydrant 1,100.00 1,100.00 925.0C 925.00 1,000.00 1,000.00 1,200.00 1,200.00 1,100.00 1,100.00 6. 2 EA. 12" Wet Connect. 400.00 800.00 655.00 1,310.00 750.0C 1,500.00 350.0C 700.00 500.00 1.000.00 7. 0.73 T. Fittings 3,100.00 2,263.00 2,800.01 2,044.00 2,500.00 1,825.00 1,694.00 1,236.62 200.00 2,000.00 1,000.00 1,460,00 1,000.00 8. 1 L.S. Trench Safety 100.00 100.00 845.00 845.00 400.00 400.00 200.00 TOTAL CONTRACT ONE: - 25,938.00 - 31,899.00 - 33,910.00 28,550.67* 31.965.00 CONTRACT TWO: 1. 960 L.F. 6" Water Main 10.75 10,320.00 18.35 17,616.00 17.1C 16,416.00 15.65 15,024.00 24.50 23,520.00 2. 6 EA. 6" Gate Valve 360.00 2,160.00 450.00 2,700.00 375.00 2,250.00 477.00 2,862.00 425.00 2,550.00 3. 2 EA. 5:" 'Fire Hydrant 1,100.00 300.00 2,200.00 300.00 950.00 450.00 1,900.00 450.00 1,000.00 700.00 2,000.00 700.00 1,200.00 1,052.00 2,400.00 1,052.00 1.100 00 400.00 2.200.00 400.00 4. 1 EA. 8" X 6" Wet Connect. 5. 1 EA. 8" X 6" Pressure Tap - 11,000.00 1,100.00 1,365.00 1,365.00 1,700.00 1,700.00 1,052.00 1,052.00 1,400.00 1,400.00 Oxford to Greenlawn & PROJECT: Little Oaks Subdivision Waterlines OWNER: Citv of Round Rock DATE: September 19, 1989 2:00P.M. *As Corrected e Offer ngineering COULTER ENGINEERING COMPANY PC 13.2141 Room Rook Tess m*a (5721 -627fi BID TABULATIONS JOB NO. CE -160 & 161 BIDDER Rhode Construction Co J. C. Evans Haegelin Construction C.C.E. Austin Engineering TOTAL ITEM - ITEM DR TOTAL PRICE TOTAL RIFE TOTAL ��1�NN RUE TOTAL PRICE 6. 0.32 T. Fittings 3,300.00 1,056.00 2,900.0C 928.00 2,500.00 800.00 2,136.0C 683.52 2,000.00 640.00 7. 1 EA. Dbl. Water SVC. 480.00 480.00 515.0C 515.00 650.00 650.00 1,100.0C 1,100.00 440.0C 440.00 8. 12 EA. Sgl. Water SVC. 385.00 4,620.00 435.0C 5,220.00 550.00 6,600.00 667.0F 8,004.96* 400.0C 4,800.00 9. 349 L.F. Pavement Cut and Repair 13.6 4.763.85 13.50 4,711.50 10.00 3,490.00 19 6,714.76* 5.0C 1,745.00 TOTAL CONTRACT TWO: - 26,999.85* - 35,405.50 34,606.00 - 38,893.24* 37,695.00 DEDUCT FOR AWARD OF BOTH: _. - 2,000.00 - - 670.00 - -0- - - 2,000.00 - - 2,800.00 TOTAL CONTRACTS ONE & TWO: - . 52.937.85* - - 66,624.50 - 68,516.00 - 67,443.91* - 68,860.00 ADD FOR 8" IN LIEU 6" FOR CONTRACT TWO: - 6,116.15 2,800.00 - 3,300.00 - 4,500.00 - 5,600.00 TOTAL INCLUDING ADD ALTERNATE - 59,054.00 - 69,424.50 _ 71,816.00 - 71,943.91 - 74,460.00 *As Corrected Oxford to Greenlawn & PROJECT: Little Oaks Subdivision Waterlines OWNER: City of Round Rock DATE: September 19, 1989 2:00P.M. CE OUIEgr ngineering COULTER ENGINEERING COMPANY P.O. Box 21s1 %UM Rea. Tem 73633 151212u6276 BID TABULATIONS JOB NO. CE -160 & 161 BIDDER Parker and Rogers ITEM n �E TOTAL 0. E TOTAL RgTC . TOTAL 17 7 gRi E TOTAL TOTAL i svnuYl.i DELL' 1 1. 775 L.F. 12" Water. •Main 30.00 23, 250.00 2. 70 L.F. 12" Bore & Encase 90.00 6,300.00 3. 3 EA. 12" Gate Valve 900.00 2,700.00 4. 1 EA. 6" Gate Valve 400.00 400.00 5. 1 EA. 51" Fire Hydrant 1,000.00 1,000.00 6. 2 EA. 12" Wet Connect. 500.00 1,000.00 7. 0.73 T. Fittings 2,500.00 1,825.00 1 8. 1 L.S. Trench Safety 500.00 500.00 TOTAL CONTRACT ONE: _ 36,975.00 CONTRACT TWO: 1. 960 L.F. 6" Water Main 23.00 22,080.00 1 2. 6 EA. 6" Gate Valve 400.00 2,400.00 j 3. 2 EA. 5a" 'Fire Hydrant 1,000.00 2,000.00 4. 1 EA. 8" X 6" Wet Connect. :1,200.00 1,200.00 5. 1 EA. 8" X 6" Pressure Tap • 1,800.00 1,800.00 Oxford to Greenlawn & PROJECT: Little Oaks Subdivision Waterlines OWNER: City of Round Rock DATE: September 19, 1989 2:00P.M. C ngineering COULTER ENGINEERING COMPANY PO. eo.ra Round nook. Teas 716e3 Ism 24 -6Z75 BID TABULATIONS JOB N0. CE -160 & 161 BIDDER Parker and Rogers ITLM_ Rt�E TOTAL R BRTCE TOTAL FTFE TOTAL TFE TOTAL �R - fir TOTAL 6. 0.32 T. Fittings 2,500.00 800.00 7. 1 EA. Dbl. Water SVC. 600.00 600.00 8. 12 EA. Sal. Water SVC. 600.00 7,200.00 I 9. 349 L.E. Pavement Cul and Repair 10.00 3,490.00 TOTAL CONTRACT TWO: - 41,570.00 DEDUCT FOR AWARD OF BOTH: - -0- TOTAL CONTRACTS ' ONE & TWO: - 78,545.00 ADD FOR 8" IN LIEU 6" FOR CONTRACT TWO: - 5,200.00 TOTAL INCLUDING ADD ALTERNATE 83,745.00 Oxford to Greenlawn & PROJECT: Little Oaks Subdivision Waterlines OWNER: City of Round Rock DATE: September 19, 1989 2:00P.M. e ngineering CCUUER ENGINE! ING CJuPAM PQ 8=2,41 RRoun" Rork Tms 7MW Is,2I 2-526 BID TABULATIONS JOB NO. CE -160 & 161 DATE: September 25, 1989 SUBJECT: Council Agenda, September 28, 1989 ITEM: 11L. Consider a resolution authorizing the Mayor to enter into a contract with Rhode Construction Company for the Oxford Drive to Greenlawn Drive 12" waterline and the Little Oaks waterline improvements project. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On September 19, 1989 six bids for the construction of the Oxford Drive to Greenlawn Blvd. 12" waterline and the Little Oaks waterline improvements were received. Rhode Construction Company was the lowest and best bidder. Staff recommends that the award of the base bid be awarded to Rhode Construction for the sum of $52,937.85. `t oulter ngineering COULTER ENGINEERING COMPANY PO. Box 2141 309 E. Main Round Rock, Texas 78680 (512) 244 -6276 Joanne Land City Secretary 221 East Main Round Rock, Texas 78664 Dear Joanne: Attachments October 16, 1989 Attached are the executed contracts that are ready for the Mayor's signature for the Oxford to Greenlawn 12" Line and Little Oaks Subdivision Waterline Improvements. Thank you for your attention in this matter. Sincerely, James B. Coulter, P.E. JAMES B. COULTER, P.E. Civil Engineering Land Planning Construction Inspection Construction Admin istratlon )35aI 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OXFORD TO GREENLAWN 12" LINE AND LITTLE OARS SUBDIVISION WATERLINE IMPROVEMENTS CONTRACT DOCUMENTS AND SPECIFICATIONS JOB NO. CE -160 AND CE -161 Bids will be received at The City of Round Rock Council Chambers 211 East Main, Round Rock, Texas 78664 until 10:00 a.m., Tuesday, August 15, 1989 Specification No. Z • e TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS PROPOSAL AND BIDDING SHEET AGREEMENT PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CERTIFICATE OF INSURANCE INFORMATION REQUIRED OF LOW BIDDER GENERAL CONDITIONS OF AGREEMENT SPECIAL CONDITIONS OF AGREEMENT TECHNICAL SPECIFICATIONS BASIS OF MEASUREMENT AND PAYMENT NOTICE TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas, 78664, for furnishing all labor, material and equipment and performing all work required for the construction of the OXFORD TO GREENLAWN 12" LINE AND THE LITTLE OAKS SUBDIVISION WATERLINE IMPROVEMENTS (work consists of approximately 775 linear feet of 12" line and approximately 960 linear feet of 6" or 8" line and appurtenances) will be received until September 19, 1989 at 2:00 p.m. then publicly opened and read aloud. Any bids received after the scheduled bid opening time will be returned unopened. Bids must be submitted on the proposal forms provided and must be accompanied by an acceptable bid security as outlined in the Instruc- tions to Bidders, payable to the City of Round Rock, Texas, equal to five percent (5 %) of the total bid amount. Plans and Specifications may be obtained at the office of the engineer, Coulter Engineering, 309 East Main Street, Round Rock, Texas, 78664, beginning September 5, 1989 for a nonrefundable deposit of twenty -five dollars ($25.00) per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning there- of. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish perfor- mance, payment and maintenance bonds as described in the bid docu- ments. Publication dates: September 3, 1989, September 10, 1989, and September 17, 1989. PROPOSAL INSTRUCTIONS TO BIDDERS The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: City Manager City of Round Rock 211 East Main Round Rock, Texas 78664 and shall be identified as follows: "BID FOR OXFORD TO GREENLAWN 12" LINE AND LITTLE OAKS SUBDIVISION WATERLINE to be opened at 2:OOp.m., Tuesday, September 19, 1989." A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice To Contractors. Bidders or their authorized agents are invited to be present. Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without addition, alterations or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the Owner. DISQUALIFICATION OF BIDDERS More than one proposal from an individual, form, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. PROPOSAL GUARANTEE AND BOND REOUIREMENTS All proposals shall be accompanied by a certified cashier's check upon a national or state bank in the amount of five (5 %) percent of the total maximum bid price payable without recourse to The City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that bidder will enter into a contract and execute performance bond within ten (10) days after notice of award 1. of contract to him. Provided however, if the contract price is less than $50,000.00, the bidder shall have the option of providing a letter of credit in lieu of a performance bond, said letter of credit to be in a form acceptable to the City of Round Rock. The notice of award of contract shall be given by the Owner within sixty (60) days after the bid opening. The bid security must be enclosed in the some envelope with the bid. Bids without check or bid bond will not be considered. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those which the Owner elects to hold until the successful bidder has executed the contract. Thereafter all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. The Owner reserves the right to reject any or all bid proposals, to accept the lowest responsible bidder's proposal, and to waive any informality in any proposal. The successful bidder must furnish performance bond or letter of credit, if applicable, payment bond and maintenance bond in the amount of one hundred (100 %) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. EXECUTION OF CONTRACT A bidder to whom award is made shall execute a written contract with the Owner on the form of agreement provided. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be a just cause for the annulment of the award. If the successful bidder refuses or fails to execute the Contract, the Owner may award the Contract to second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the Owner may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second and third lowest responsible bidder to execute the Contract, the work may be re- advertised. PERFORMANCE AND PAYMENT BONDS It is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is less than $50,000.00, a letter of credit may be furnished in lieu of a performance bond. It is agreed that the Contract shall not be in effect until such performance bonds or letters of credit, and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance bonds or 2 . letters of credit, and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds or letters of credit will be made by the Owner. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name and his address shall be given; if it is made by a firm it shall be signed with the co- partnership name by a member of the firm, who shall sign his own name, and the name and address of each member shall be given; and if it is made by a corporation the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Low Bidder ", bound herein. BIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to be furnished and as to the requirements of the Contract, Specifications and Drawings. ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such information in writing to Engineer, prior to 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to twenty -four (24) hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of the proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Engineer prior to twenty -four (24) hours of the opening of bids. 3. CONTRACT ONE: WATER IMPROVEMENTS JOB NAME: OXFORD TO GREENLAWN 12" LINE JOB LOCATION: SOUTH SIDE OF WINDY TERRACE, SECTION ONE, WILLIAMSONCOUNTY, TEXAS OWNER CITY OF ROUND ROCK Gentlemen: Pursuant to the foregoing Advertisement for Bids and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendance, labor, machinery equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Oxford to Greenlawn 12" Line, and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated for the following prices, to -wit: WATER IMPROVEMENTS Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1 775 L.F. 12" Water Main, at all depths, complete in place, per linear foot 2 3 PROPOSAL BIDDING SHEET for I :C.Nm - rp.) Dollars and SIXTY Cents $ Is. $ /'/'I,5 o 70 L.F. 12" Bore and 16" Encasement, at all depths, complete in place, per linear foot for :51)(7Y Dollars and - Ain Cents $ 60." $ H2oa.°° 3 EA 12" Gate Valve, including box, cover and extension complete in place, per each for hatms: Dollars and - ri ° Cents $ 9OO $ 2.700• °0 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 4 5 6 8 1 EA 6" Gate Valve, including box cover and extension, complete in place, per each for INRE& NuwPKFA SkxTY Dollars and No- Cents 1 EA 5 -1/4" Fire Hydrant, including 6" D.I. Lead, complete in place, per each for k.4.E I Dollars and - No- Cents $ I100. $ 110p,°O 2 EA 12" Wet Connection, place, per each for Four -pumeozen and 7 0.73 Ton Cast Iron Fittings, place, per ton complete in Dollars Cents complete in $ 3(Oc $ 31,0 .pQ. $ £!00 $ 800 a for /4I27Y ONF Navz E.b Dollars and — Nn Cents $ 3/00&$ 22 1 L.S. Trench Safety Design and Implementation, complete in place, per lump sum for 01\17 Dollars and No- TOTAL WATER IMPROVEMENTS CONTRACT ONE: Cents $ I00 $ I0O, $ '�`54c1-M3.'° CONTRACT TWO: WATER IMPROVEMENTS JOB NAME: LITTLE OAKS SUBDIVISION JOB LOCATION: SOUTH OF RANCH ROAD 620 AND EAST OF LAKE CREEK PARKWAY, WILLIAMSON COUNTY, TEXAS OWNER CITY OF ROUND ROCK Gentlemen: Pursuant to the foregoing Advertisement for Bids and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendance, labor, machinery equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Little Oaks Subdivision, and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated for the following prices, to -wit: WATER IMPROVEMENTS Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1 2 3 PROPOSAL BIDDING SHEET 960 L.F. 6" Water Main, at all depths, complete in place, per linear foot for 7c Dollars and SEvE'J F.vE Cents $ )0 : $ 14 6 EA 6" Gate Valve, including box, cover and extension complete in place, per each • for TuakE lluroner• h Shun' Dollars and _ ti0 _ Cents $ 3 (oO $ ? U O oo 2 EA 5 -1/4" Fire Hydrant, including 6" D.I. Lead, complete in place, per each for 6 LE= , 0 //)mbg.Gb Dollars and - o - Cents $ 1100. $ %. %00 °a 1 Uld Item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount 4 1 EA 8" x 6" Wet Connection, I complete in place, per each for TNEEZ Muh)tRF, Dollars and - No- Cents $_,1x)11 $ 300. 5 1 EA 8" x 6" Pressure Tap, including Tapping Saddle and Valve, I complete in place, per each for Owc Tu„,ieatvn Dollars and - n,o- Cents $ 100C $ IOOO. °° ' 6 0.32 TON Cast Iron Fittings, complete in place, per ton 1 for TAin.TY Taav= l4U Th mk, Dollars and - NII Cents $3300° ° $ 1OS6 I 7 1 EA Double Water Service to existing meters and boxes, complete in place, per each 1 for rouR, /Jr,n &!& ry Dollars and —No- Cents $ SWZ'''$ ','$a 1 8 12 EA Single Water Service to existing meter and box, complete in place, per each ' for 7;kE /damn✓ EL>1= rrHrYFlve_Dollars and - No - Cents $ _ 3° ° $ 4' 2O,pb ' 9 349 L.F. Pavement and /or Driveway Cut and Repair, complete in place, per linear foot 1 for /i i r_1=n/ Dollars and Six rY h, VF_ Cents $ /3 (,5 $ . 7c 3,Sc 1 TOTAL WATER IMPROVEMENTS CONTRACT TWO: $ DEDUCT AMOUNT IF AWARDED BOTH CONTRACTS: -($ 200 4, ' TOTAL WATER IMPROVEMENTS CONTRACTS ONE AND TWO: $ 50,3 1."clS ADD FOR 8" LINE AND APPURTENANCES IN LIEU OF 6" FOR CONTRACT TWO: $ 6,116. f5• 1 1 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by:' KN �D� !OIi.7 G1!Tr do • 9 - -Fs1 Name of Contractor Date 2 4 V leg PP.FS i DENT Executed by (S'ignature) Title or Position Rf r2 l3vx ,4 Address Oa 68.2 Telephone qa ltLSBceo //aL TK95 7'66 City County State Zip Code (Seal if Bid is by a Corporation) ATTEST: THE STATE OF TEXAS COUNTY OF LUILLIHm SOrI AGREEMENT THIS AGREEMENT, made and entered into this day of , 198, A.D. by and between The City of Round Rock of the City of Round Rock, the County of Williamson, and the State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and R H E C _nxST i2 uo.ri nrJ Cpm A4b/V of the City of I- I'LLSL3 on' r) , County of I-} ILL and State of 'rFXIFS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: OXFORD TO GREENLAWN 12" LINE AND LITTLE OAKS SUBDIVISION WATERLINE IMPROVEMENTS further described as the work covered by this specification consists of furnishing all labor, equipment, appliances, and materials, and performing all operations in connection with the excavation, installation of pipe lines and appurtenances, backfilling and compaction of trenches complete in accordance with the Plans, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by COULTER ENGINEERING, 309 East Main, Round Rock, Texas 78664, herein entitled the ENGINEER, each of which had been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment and Maintenance Bonds hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) days after the date written notice to do so shall have been given to him, and to complete the same within 30 calendar days for each contract after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. �lTy of Foam) T'ociS Party of the First Part (OWNER) By: N ATTEST: 1141K RoBINSoN fAyoR i� Hnni7 NSTRLICriow C' f Party of the Second Part (CONTRACTOR) By:9 Z "9o$/av- ATTEST: (The following to be executed if the Contractor is a Corporation). I ' , certify that I am the Secretary of the Corporation named as Contractor herein; that &-Q s ; , who signed this Contract on behalf of the Contractor was then V. encck .V,n4.k (official title) of said Corporation, that said Contract was duly signed for and on behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. (Corporate Seal) Signed: a ®� z THE STATE OF TEXAS PERFORMANCE BOND COUNTY OF /,()' OOi- -vn n n:,, ) KNOW ALL MEN BY THESE PRESENTS, THAT tLTh�� ) CLYYN ` _ � rbst.4 of the City of r' O0al.�(r>> County of u iL: , and State of c$s41 -0 as principal, and %i4Otrt, 4 n iJ en. 07✓Ipdt,rZ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto 0..r ;4 k t9 ,.,141 )eOrk i (OWNER) , in the penal sum of / y" - a.,na.4.4E. 14 4 VA t8 o 0n,04. A Dollars ($ g7) 931, o (► ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19_, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION I5 SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenents, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this 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 provisons of 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 term of the contract, or to the work performed 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 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 the day of 19 Pri cipal Title: Vwi`r J - Address: ( e11r ex ( , TA/ 761,4.5' i OWARD COWAN P.O. Box 53910--- -_ - 1__hback, Toxas 70153 SAFECO INSURANCE CO. OF AMERICA Surety By: HOWARD COWAN Title: ATTY IN Address: P.0 .D 5 The name and address of the Resident Agent of Surety is: COMPLAINT NOTICE ANY DISPUTE ARISING ABOUT YOUR PRE- MI UM OR ABOUT A CLAIM THAT YOU HAVE FILED CONTACT THE AGENT OR WRITE THE COMPANY THAT ISSUED THE BOND. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD 00 INSURANCE, DEPARTMENT C, 1110 SAN JACINTO, AUSTiN, TEXAS 79786. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS BOND. PAYMENT BOND THE STATE OF TEXAS COUNTY OF Lt) KNOW ALL � MEN BY THESE PRESENTS, THAT 1 p nel / ( 1»'it `m of the City of W .'/ h<u, ., County of 7rY. /l , and State of o1./,?,y as principal, and cAnplr CFA <4:1/1 authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto C )1 1e044 / (OWNER), in the penal sum of flay u ate,, Q t `�i., As.� . hQ.et / - nonvYJe �lk� Dollars ($ 5.0) g,37 8=c ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19_, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisons of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this the day of 19 7� r. nm.✓Y}n >.n_Y_.�r_ Oil Principal Surety By :/ Title: lie,e'i J P oar d OM�'i Address: Pt c cf Cr I4-5 o LOA-b-04). 1 P.O. Box 53910 Lu . • - 9453 SAf iriSUtcnnl,t60. By: 1‘ HOWARD COWAN Title: ATTY IN FACT Address: P O Rnx 53 Lubbock, Texas 79453 The name and address of the Resident Agent of Surety is: HOWARD COWAN COMPLAINT NOTICE: rNY DISPUTE ARISING ABOUT YOUR PRE. MILL;: OR ABOUT A CLAIM THAT YOU HAVE FILED CONTACT THE AGENT OR WRITE THE COMPANY THAT ISSUED THE 00110, IF THE PROBLEM 10 NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE. DEPARTMENT 0, ;110 SAN JACINTO AUSTIN, T0000 7a786. THIF NOTICE OF G CV. PLA;N PROCHOURE IS FOR INFORMATION 0010 AND DOES NOT BECOME A PART OR CONDITION 00 THIS BOND. THE STATE OF TEXAS COUNTY OF 1 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Bond No. 559 9 b' , as Principal, and a Corporation duly organized under the laws ofUthe St of 1(3_ as Surety, are held and firmly bound unto y ` = ,.t� g q( eJ _Pori � � Obligee, J in the penal sum of C•�r* � ./�.AUq�.,a.�� t �A.� A(1i.17}- ZentM U AMIAA3- to which payment will and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed L l.fAi) 9, ( ) 0 A > 14.4.10. 1.4A4 ✓11 t1n i 4 i bm o�] WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of one year after approval by The City of Round Rock against all defects in workmanship and materials which may become apparent during said period; NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if said Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from Page 1 of 2 and after date of acceptance by the Owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19 Ye ./ O .414// ttA.i. -2.,) SAFEW ftI UNNIWC Yu. ur AMERICA __Surety Principal By: k Address: Q 07 � d'!, 14L5 1,1 Rea.-151.1) TY 6 44 1 .6 --. day of HOWARD COWAN Title: 12d.C:2 eniifl,.a Title: ATTY INFACT P.O. Box 53910 Address: Lubbock, Texas 79453 The name and address of the Resident Agent of Surety is: HOWARD COWAN P.0. Box 53910 Lubbock, Texas 79453 ,7, n - - r 5r. +7 : R `SO A C A/M T AT LED CO T S PRE. U, 1' ;RTE THE C � AT' %n UF.D T Hx x f THE THE PRO T I; t: E V THAT IRSUED THE BOND. It; STATE BOARD INSURANCE, RESOLVED, THE ALSO WR THE JACINTO. AUSTIN. TEXASR ANCE, 78786. DEPARTMENT NOTICE OF' MP PROCEDURE IS 105 INFORMATION ONLY AND COMPLAINT NoT BECOME A PART OR CONDITION OF THfS BOND. OE NOT SAFECO KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint S -974 R10 3/86 HOWARD COWAN; CARLA WADDELL, Lubbock, Texas its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 2nd this CERTIFICATE day of No Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 8035 September 19 87 "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority lc,execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA • and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and . (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation day of 19 POINTED IN U.S A. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _P v 1 INSURED RHODE CONSTRUCTION COMPANY P.O. BOX 53370 LUBBOCK, TX 79453 GENERAL LIABILITY Air CCMMERC:AL GENEPAL . AEILIT! I c,Aats•a:cE � C :F °'E•.c5 691N85887 ;NNE; 5 3 ViTAC ':.A A ..0000 E. THE INWEST GROUP SIX DESTA DRIVE, SUITE 5550 MIDLAND, TX 79705 X OTHER TYPE CF INSI:PANCE AUTOMOBILE LIABILITY ANY AUTO AL, DINED AUTOS SCHEDULED AUTOS HIRED AUTOS XI NON-OWNED AUTOS 3AWLGE - .!ABiIIT•! EXCESS LIABILITY OTHER'HAN JMBREL_. WORKERS' COMPENSATION AND WV09201809 EMPLOYERS' LIABILITY 'B "Pa C CMPANv L: ER D COMPANr E = E POLICY NUM T 'ALL[0�•'rI 691NH5887 -1 10/6/89 'CIS C•RT'F'CATE :5 ISSUED AS A '.A'TER OF ■NFCRMATICH ONL'! AND CONFERS IC RIG, -5 JPCN - 55 :EA'IFICA T E ICLCES. T'IIS CERTIFICATE ICES NOT AMEND. :ATEN° OR ALTER - HE CCVERAGEE AFFCRCEO 3Y 7-I5' :LCES SEL'CW. 1 10/1/89 I 591TX7524 10/1/89 ' 10/1/90 COMPANIES AFFORDING COVERAGE _v� n• A = THE ST. PAUL INSURANCE COMPANY THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTHER DOCUMENT BE ISSUED OR MAY ERTA N. THE N URANCE AFFORDED BY THE POLICES OESCRI EDHERENS SUBJECT TO ALL THE T RMS. EXCLUSIONS. 0 S AND CONON 'TONS OF SUCH POLICIES. 10/1/89 ; 10/1/90 I- : - :_. :. s :C.EP r.5 zi 10/1/90 c . .1. 1.11 :..._ 10/1/89 10/1/90 1 S500 I 500 15500 SLL _.ru N THOUSANDS 1000 5 10,000 15 2000 18 2000 'S 10o0 1 5 50 I S 510,000 :ESCPIPTICN,^,F OPEaAT' C. S , OCAT'CNS. - • E—CLES•RESTPIC"CNS SPECI 'MS RE: CITY OF ROUND ROCK, TEXAS — OXFORD TO GREENLAWN 12" LINE AND LITTLE OAKS SUBDIVISION WATERLINE IMPROVEMENTS TE HOLDER AC01ED ZIA E11I111E CAMCELLIWI OM iHCLIC'aN' :F -:E .BCNE :ESCPIBE7 .CL.C:ES 3E :ANC °i 3EFCa E "HE Ex a•PA",N ;A -2 EPECF _ SS;;:NG :CMP ANA ELXXXXEKR.MSHAL pA.L 10 :A .S VRI • .0 "C' _• :ER C.. 5 CL.EP NAMED'. "HE uA L ,LC' • .C - - C - ,mss._ .lH 55 •.0 :BL.GA "CN :P •� •. 15�L. /'� v 1:NC . i. _ ;�MPI•.. ' EEBACORD CORPORATION 1E16 CITY OF ROUND ROCK 211 EAST MAIN ROUND ROCK, TX 78664 GENERAL CONDITIONS OF AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT CONTENTS 1. DEFINITIONS Page 1 2. GENERAL PROVISIONS 2 2.01 Engineer's Status and Authority 2 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 3 2.04 Damages 3 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 4 2.08 Royalties and Patents 4 2.09 Keeping of Plans and Specifications Accessible 4 2.10 Discrepancies and Omissions 4 2.11 Contractor's Understanding 5 2.12 Extra Work 5 2.13 Payment for Extra Work 5 2.14 Assignment and Subletting 6 2.15 Subcontractors 6 2.16 Owner's Status 6 2.17 Completed Portions of Work 7 2.18 Materials 7 2.19 Receiving and Storage of Materials 7 2.20 "Or Equal" Clause 7 2.21 Completed Work 7 2.22 Materials Furnished by the Owner 7 2.23 Protection of Property 7 2.24 Shelters for Workmen and Materials 8 2.25 Sanitary Facilities 8 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 8 3.01 Labor, Equipment, Materials and Construction Plant 8 3.02 Performance and Payment Bonds 8 3.03 Contractor's Ability to Perform 9 3.04 Superintendence and Inspection 9 3.05 Character of Employees 9 3.06 Contractor's Duty to Protect Persons and Property 9 3.07 Safety Codes 10 3.08 Barricades 10 3.09 Minimum Wages 10 3.10 Unsuitable Work or Materials 10 3.11 No Waiver of Contractor's Obligation 11 3.12 Site Clean Up 11 3.13 Guarantee 11 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 12 4.01 Lines and Grades 1 4.02 Right of Entry 12 4.03 Owner's Inspectors 12 4.04 Collateral Work 12 4.05 Right -of -Way 1 4.06 Adequacy of Design 12 5. SCHEDULING AND PROGRESS OF WORK 13 5.01 Order and Prosecution of the Work 13 5.02 Rate of Progress 13 5.03 Sunday, Holiday, and Night Work 13 5.04 Hindrances and Delays 13 5.05 Extensions of Time 14 5.06 Liquidated Damages for Failure to Complete on Time 14 6. INDEMNITY 15 6.01 Contractor's Indemnity Provision 15 6.02 Workmen's Compensation Insurance 15 6.03 Comprehensive General Liability Insurance 15 6.04 Owner's Protective Insurance 16 6.05 Comprehensive Automobile Liability Insurance 16 6.06 Insurance Certificate 16 7. TERMINATION OF CONTRACT 16 7.01 Right of Owner to Terminate 16 7.02 Right of Contractor to Terminate 17 7.03 Removal of Equipment 17 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 17 8.01 Notification of Contractor 17 8.02 Retention of Contractor's Equipment and Materials by Owner 17 8.03 Methods of Completing the Work 18 8.04 Final Acceptance 18 8.05 Disposition of Contractor's Equipment 18 9. MEASUREMENT AND PAYMENT 19 9.01 Character of Measurements 19 9.02 Estimated vs. Actual Quantities 19 9.03 Payment 20 9.04 Monthly Estimates and Payments 20 9.05 Certificates of Completion 20 9.06 Final Estimate and Payment 20 9.07 Notarized Affidavit 21 9.08 Release of Liability 21 9.09 Contractor's Obligation 21 9.10 Payments Withheld 21 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT 1.01 Calendar Day. A calendar day shall be the 24 hour period from one midnight to the next consecutive midnight. 1.02 contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Special Conditions of the Agreement; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Engineer. "Engineer" shall mean Coulter Engineering, or such other Engineer, supervisor, or inspector who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner" shall mean , named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. 1.07 Plans. "Plans" shall mean and include (a) all drawings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engineer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted by the Contractor to the Owner when and as approved by the Engineer. 1. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepared by the Owner as a basis for proposals, (b) all supplementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Workina Day. A "working day" is defined as any day not including 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 continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.13 Written Notice. "Written notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litigation it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shall determine all questions in relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the 2. Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided, however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If they increase the amount of work and the increased work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this contract; otherwise such work shall be paid for as provided under Section 2.12 "Extra Work ". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in 3. regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 licenses, Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Keeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with three (3) sets of executed Plans and Specifications without expense to him, and the Contractor shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the 4. meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities 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, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15 %. 5. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foremen, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expenses; (f) all incidental expenses incurred as a direct result of such extra work including sale or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Owner, nor shall he assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Owner. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 6. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. 2.21 Completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. The provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage 7. through the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.25 Sanitary Facilities. Necessary sanitary toilet facilities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor Equipment. Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, machinery, supplies and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished 8. and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the performance and payment bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 "Termination of Contract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superintendent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub- standard character by reason of carelessness, incompetence, or inexperience on the part of the workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any 9. dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in anyway connected with the performance of this Contract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in conneciton with the performance of this contract unless necessary to its performance, and in that event the Contractor shall provide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, and Municipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. 3.08 Barricades. When barricades are used to satisfy safety requirements, such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special Conditions of these Contract Documents. The Contractor shall pay not less than the general prevailing wages shown on said scale and shall keep accurate wage records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice thereof from the contracting Officer, forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the 10. Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or inspector shall have no power to waive the obligations of this Contract for the furnishing by the contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor, or inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however that the Engineer, supervisor, or inspector shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineeer, supervisor, or inspector such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet with the specifications for the work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer prior to final acceptance, and if found not in accordance with the 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. 3.12 Site Clean Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or conduits, shall tear down and remove all temporary structures built by him, shall remove all rubbish of every kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of 12 months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however, that in case of an emergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. 11. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation 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 by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Inspectors. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervisors, or inspectors as the said Owner may deem necessary to inspect the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, supervisors, or inspectors so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 Right -of -Way. Easements across private property and lands needed for construction under this contract will be provided by the Owner. 4.06 Adeauacv of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has complied with the requirements of 12. the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence and in such manner as shall be most conducive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion herein designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday, and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by 13. this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as a penalty but as liquidated damages, the sum per day given in the following schedule: Amount of Contract Less than $ 5,000.00 $ 5,000.00 to $ 15,000.00 $ 15,000.01 to $ 25,000.00 $ 25,000.01 to $ 50,000.00 $ 50,000.01 to $ 100,000.00 $ 100,000.01 to $ 500,000.00 $ 500,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 $2,000,000.01 to $5,000,000.00 14. Amount of Liquidated Damages Per Day $ 30.00 $ 35.00 $ 40.00 $ 50.00 $ 70.00 $200.00 $300.00 $400.00 $500.00 6. INDEMNITY 6.01 Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgements, decrees, and expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, workers, material persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontractors or their employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: 15. Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 accident 6.06 insurance Certificate. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04 and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given 10 days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resources or remedy give the Contractor written notice of termination of the employment of the Contractor 10 days subsequent to such notice. Immediately following such date the Owner may take possession of the site of the work and all material, equipment, tools, and appliances 16. thereon and may finish the work in accordance with the provisions of Section 8 "Abandonment of Contract by Contractor ", of these General Conditions. 7.02 Rictht of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within ten (10) days after receipt of the notice. Should he fail to do so within ten (10) days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connection with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 17. 8.03 Methods of Completing the Work. If the Surety should fail to commence within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contractor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after fourteen (14) days notice published two or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed, the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the 18. balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Estimated vs. Actual Ouantities. Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract documents; provided, however, that if the actual quantitiy of any item should become as much as 25 percent more than or 25 percent less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below 25 percent of the estimated quantity prior to initiating work or 19. furnishing materials for the overrun or underrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirements of the Engineer. 9.04 Monthly Estimates and Payments. On or about the first day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor 95 percent of the amount of such estimated sum on or before the 15th day of said month. It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed, the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accordance with the plans, specifications and Contract. If so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued, the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. 20. The Owner shall pay the Contractor within fifteen (15) days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior correction absence of estimates, evidence of estimates and payments shall be subject to in the Final Estimate and payment; but in the error or manifest mistake, it is agreed that all when approved by the Owner, shall be conclusive the work done and materials furnished. 9.07 Notarized Affidavit. Before Final Payment for the work by the Owner, the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for any thing done or furnished for or relating to the work or for any act or neglect of the Owner or of any person relating to or affecting the work. 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the Final Payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. 9.10 Payments Withheld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly to subcontractors or for material or labor. d. Damage to another contractor. 21. 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. 22. SPECIAL CONDITIONS OF AGREEMENT 1. CROSSING UTILITIES SPECIAL CONDITIONS OF THE AGREEMENT Every attempt has been made to locate existing utility lines. However, prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 2. "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall deliver this correctly marked set of drawings to the Engineer. 3. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, contractor will make arrangements with Owners of utilities. Owner will not be liable for damages on account of delays due to changes made by Owners of privately owned utilities which hinder progress of work. 4. LIMIT OF FINANCIAL RESOURCES It shall be understood by all that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this Contract. Unit prices for all items previously approved in this Contract shall be used to delete or add work per change order. 5. CONSTRUCTION INSPECTION The Owner at his option, may provide an inspector to review the quality of materials and workmanship. 1. 6. COORDINATION WITH UTILITY COMPANIES The Contractor shall be responsible for contacting the appropriate utility company when working in the vicinity of its facilities to ensure safety and guard against damage. The following are names and phone numbers for the various companies: 1. Lone Star Gas - Transmission Lines: (817) 778 -8700 Bob Andrews - Distribution Lines: (512) 255 -2679 Terry Bertrand or Bobby Mucha 2. Bell Telephone - (512) 870 -5977 James Kokel 3. Texas Power & Light Co. - (512) 255 -3666 Jim Chase 4. City of Round Rock (water & sewer) - (512) 255 -3612 Jim Huse, Director of Public Works 7. LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as shown on the drawings or described in the Contract Documents and Technical Specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 8. COPIES OF PLANS AND SPECIFICATIONS The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor three (3) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 9. UTILITY SERVICES FOR CONSTRUCTION AND TESTING The Contractor will be responsible for providing his own utility services during construction and testing. No additional payment will be made for this item. 10. UTILITY APPURTENANCES ADJUSTMENTS The Contractor shall, as his own expense, raise the manhole covers and valve boxes to the finished paved street grade. All manhole covers and valve boxes within the proposed street paving area shall be constructed six (6) inches below the subgrade of the street and raised to finished street grade prior to paving. 2. In unpaved areas, manhole covers and valve boxes shall be raised by the Contractor, at his own expense, to two (2) inches above natural ground. 11. CONSTRUCTION STAKING The Contractor shall provide construction staking for this project. 12. BLASTING 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. All blasting, explosives and Federal, State, The following State and Local including methods of storing and handling highly flammable materials, shall conform to and Local Laws and Ordinances. is a list of requirements in addition to Federal, Laws and Ordinances: 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300,000 for each contract, at least twenty -four (24) hours prior to using explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The Contractor shall notify the City of Round Rock on every occasion at least twenty -four (24) hours prior to the use of explosives. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineer. 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 Owner or his agent, the permit, or by safe blasting practices. 5. The Engineer or his representatives 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. 6. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. 3. The Contractor is fully responsible 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 Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone 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. 13. COORDINATION BETWEEN UTILITY CONTRACTOR & STREET CONTRACTOR The streets will be excavated and bladed by the street paving Contractor to the subgrade prior to the utility Contractor beginning his gravity sewer line and water line construction operations in the street right -of -ways. Upon completion of the gravity sewer line and water line and storm sewer construction, the utility Contractor shall dress and blade the street to upgrade to the same condition it was in when accepted by the utility Contractor and to the satisfaction of the street paving Contractor and the Engineer. The utility Contractor shall, at his own expense, raise the gate valve boxes and manhole frames and covers to the finished paved street grade. All gate valve boxes and manhole frames and covers within the proposed street paving area shall be constructed 6- inches below the subgrade of the street. It shall be the responsibility of the paving Contractor to verify with the utility Contractor that all utility castings in the area have been raised or that no valve box, clean -out covers or manhole covers need to be adjusted. This shall be obtained in writing 48 hours prior to placing any curb and gutter, concrete valley gutters and final pavement (concrete or asphalt) and a copy shall be provided for the Engineer. Each Contractor shall be fully responsible for verifying the existence of all property corners before commencing work. Any missing property pins shall be replaced by the Engineer at the expense of the previous Contractor. 14. MONTHLY PAYMENT ESTIMATES Owner shall pay for 90% of materials on hand when properly stored on the jobsite. When payment for materials on hand has been paid by the Owner to the Contractor, the Contractor shall furnish evidence the following month that he had paid for those materials prior to the following month's monthly estimate being approved for payment. 15. LIOUIDATED DAMAGES Refer to the GENERAL CONDITIONS OF THE AGREEMENT, Paragraph 5.06 - Liquidated Damages for Failure to Complete on Time. 4. Delete the schedule of "Amount of Liquidated Damages Per Day" and substitute the following: The amount of liquidated damages per day shall be $500.00. 16. MAINTENANCE BOND Per City of Round Rock Ordinance, a two (2) year Maintenance Bond naming the Owner and the City of Round Rock as dual obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 25. 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 will be required for all other improvements. 5. TECHNICAL SPECIFICATIONS CONTROL OF WORK MATERIALS NOTES FOR REFERENCING CITY OF AUSTIN SPECIFICATIONS FOR WORK WITHIN THE CITY OF ROUND ROCK The current City of Austin Standard Construction Specifications of Water and Wastewater Department and Engineering Department are incorporated into this project by reference and they shall be applied to this project except as modified in these specifications and on the plans. whenever the term "City of Austin" is used in the Austin specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean Coulter Engineering. 1. During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2. The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 3. The Contractor shall do such grading in the area adjacent to streets and drainage facilities as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. 1. Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 1. 2. No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the works "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. STREET CONSTRUCTION 1. Subgrade density tests are required prior to depositing base material. 2. Base density and thickness tests are required prior to application of prime coat. 3. All testing shall be made by an independent laboratory at the Owner's expense. An authorized representative of the Owner shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. 4. Pavement surface shall be Type "D" hot -mix, hot -lay asphaltic concrete with a minimum asphalt content of 5 %. 5. Backfill behind curbs shall be compacted to obtain a minimum of 95% of maximum density. Material used for curb backfill shall be primarily granular (clay materials with higher P.I. than 35 are prohibited) and free from boulders and clods larger than 6" in their greatest dimension. Refer to Standard Detail No. 1 - "Pipe Bedding" for backfill procedures. 6. For Item No. 203 attached. 7. For Item No. 210 attached. 203 in Austin Specifications, substitute Item No. (For paving projects only.) 210 in Austin Specifications, substitute Item No. (For paving projects only.) 2 . 1 WATER IMPROVEMENTS 1. Water mains shall be PVC C -900, Class 200 or ductile iron, class 50. The type and size of pipe shall be shown on the plans. 2. Gate Valves shall conform to AWWA Specification C -500 with ends appropriate to installation on piping. Testing of Gate Valves shall be factory leak tested on both sides for 200 psi. 3. Service material shall be as shown on plans. 4. Fire hydrants shall be 3 -way Mueller, improved AWWA type, or approved equal, with pump nozzle for 4 -1/2" fire hose. A 6" gate valve and valve box shall be provided on each fire hydrant. 5. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City of Round Rock shall be present when such tests are made. 6. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required and furnish all equipment and material for same. 7. Sterilization of mains shall be done under the supervision of the City, and the Contractor shall perform such sterilization and furnish all material and equipment for same. The City will be responsible for bacteriological test samples. SEWER IMPROVEMENTS 1. Sewer pipe shall be PVC SDR -35 unless shown otherwise. 2. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City shall be present when such tests are made. 3. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required and furnish all material and equipment for same. 3. BASIS OF MEASUREMENT AND PAYMENT 1. WATER 2. PIPE 3. FITTINGS 4. VALVES BASIS OF MEASUREMENT AND PAYMENT WATER & WASTEWATER IMPROVEMENTS Unless stated otherwise in the contract documents, it is understood that all payments made are for finished work and include all labor, tools, materials, constructing and completing the item on which payment is made. When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot, for the size and type of pipe specified, complete in place. The bid price per linear foot shall include all clearing, excavation, laying of pipe, backfilling and clean up. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. Concrete blocking for supporting and reinforcing bends, concrete retards and thrust blocks shall be included in the cost for pipe. No separate payment will be made for welded joints, or harnessed joints required for thrust restraint which are scheduled or indicated on the drawings. Cast iron and ductile iron fittings furnished in accordance with these Specifications will be paid for according to ANSI A21.10 (AWWA 0110) scheduled weights for mechanical joint fittings furnished. Class to be as specified in the contract documents. Short body fittings are approved. Steel cylinder concrete pipe fittings will not be paid for separately. The contractor shall include these in his bid for the laying of pipe. Valves will be paid for at the unit price bid, including valve stem casing and cover, excavation, setting and adjusting to proper grade, and anchoring in place. 5. AUTOMATIC AIR RELEASE VALVE ASSEMBLIES Installation of automatic air release valve assemblies shall be paid for at the unit price bid per air valve installation and shall include threaded valve or corporation cock, pipe, fittings, concrete box and cover, complete in place. 6. FIRE HYDRANTS Fire hydrants will be paid for at the unit price bid per each and shall include all pipe and fittings except valves between the main line fitting and the fire hydrant. 7. FIRE HYDRANT BARREL EXTENSIONS In cases where the bury of the fire hydrant is greater than six (6') feet, barrel extension will be paid for by the vertical foot, complete in place, including rod extensions, bolts and all other required accessories. 8. WET CONNECTIONS Wet connections shall be paid for at the unit price bid per each, complete in place, according to the size of the main that is in service and shall be full compensation for the work except that cast iron fittings and valves shall be paid for as a separate item, unless otherwise specified in the Bid Proposal. 9. BORING, JACKING AND TUNNELING When called for in the shall be paid for at foot, including all backfilling, cleanup, including carrier (water) 10. CONCRETE ENCASEMENT AND CONCRETE CAP 11. STANDARD MANHOLES 12. EXTRA DEPTH FOR MANHOLES proposal, boring, jacking and tunneling the unit contract price bid per linear excavation, all necessary grouting, and the specified pipe casing not pipe, complete in place. When called for in the proposal, concrete encasement and concrete cap shall be paid for at the unit contract price bid per linear foot for the size of pipe specified, complete in place. When called for in the proposal, standard manholes shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in bid items for manholes. When called for in the proposal, manholes with extra depth over eight feet (8') will be paid for at the unit contract price bid per vertical foot, including all excavation, coatings and backfilling, complete in place.