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R-89-1380 - 11/21/1989and I 1 /� D RESOLUTION NO. I S K, WHEREAS, the City of Round Rock desires to construct a septic system at Old Settler's Park at Palm Valley, and WHEREAS, the City of Round Rock has duly advertised for bids for the construction of said septic system, and WHEREAS, C & S Excavating has submitted the lowest and best bid, WHEREAS, the City Council wishes to accept the bid of C & S Excavating, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of C & S Excavating, 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 C & S Excavating to construct a septic system at Old Settler's Park at Palm Valley, said contract attached hereto and incorporated herein for all purposes. RESOLVED this 21st day of November, 1989. ATTEST: C- RS11219D 2Ac JO NNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas Palm Valley Park Septic System Improvements As the certified bid tabulation transmitted to you yesterday, C &S Excavating was the low bidder for the above referenced project. Upon checking references, we found that C &S Excavating has experience with this type of construction. At this time, we recommend award of the contact to C &S Excavating. Mayor':. Mike. Robinsone'. Mayor- Pro•tern Charles' Culpepper Council Members Oatman Pete Correa Ronnie Jean . =' -' Jimmy •Joseph City Manager Robert L Bennett, Jr. City Attorney L.Sheets -;' DATE: November 17, 1989 SUBJECT: Council Agenda, November 21, 1989 ITEM: 9C. Consider a resolution authorizing the Mayor to enter into an agreement for the construction of a septic system at Old Settlers Park at Palm Valley. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATIONS: Six bids were received and opened on November 14, 1989, for the ballfield area septic system. C & S Excavating Jayek Const. Co., Inc. B J Electric Co. Ram Excavating Percision Commercial Plumbing Co., Inc. Robert Jenkins Co. $34,800.00 38,400.00 48,974.00 49,895.00 65,000.00 66,478.00 Staff recommends that C & S Excavating be awarded the bid in the amount of $34,800.00. ECONOMIC: The recommendation is lower than our estimated cost. CITY OF ROUND ROCK PUBLIC WORKS PROJECT PALM VALLEY PARK SEPTIC SYSTEM IMPROVEMENTS TEXAS LOCAL PARK FUND STATE PROJECT #20 -00264 SPECIFICATIONS AND CONTRACT DOCUMENTS I3E)s Mayor Make Robinson Mayor Pro -tem Charles Culpepper Council Members John Hood Tish Oatman Pete Correa Ronnie Jean Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets DATE: December 5, 1989 THE CITY OF ROUND ROCK "1.21 Bast Main Street Round Rock, Texas 78664 512 - 251 3612 MEMORANDUM TO: Stephan L. Sheets City Attorney FROM: Transmitted herewith are five (5) sets of contract documents and specifications for the above referenced project, as executed by C &S Excavating, Inc. At this time we request that you review the sufficiency of these documents as soon as possible and notify us of any corrections that need to be made. Note that the insurance certificate provided lists a combined single limit coverage of $500,000 for Automotive Liability which does not exactly meet the contract requirements. I consulted with Charlie Crossfield yesterday regarding this and he felt it would not be a problem. If you feel the documents are in order, we will then transmit them to Mayor Robinson for his signature. Daniel Lynn Halrlen, P.E. k. Public Works Departmen RE: Palm Valley Park Septic System Improvements pv /dh2 Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD-1 3.0 Post Bid Documents PBD-1 4.0 General Conditions GC -1 5.0 Special. Conditions SC -1 6.0 Technical Sperifi ations TS-1 7.0 Electrical Specifications (Package) tabl%sk2 PALM VALLEY PARK SEPTIC SYSTEM IMPROVEMENTS Tahla of Contents notice /1 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 project titled PALM VALLEY PARK SEPTIC SYSTEM IMPROVEMENTS (Project involves construction of a large pressure dose -type septic system) will be received until November 14, 1989 at 2.00 P.M. then puhlirly opened and read aloud in the City Council Chambers at the same address. No hula may be withdrawn after the 'scheduled opening time. Any bids • received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas, equal to five percent (5 %) of the total bid amount. Plans, Proposal Forms, Specifications, and Instructions to Bidders may be obtained from the Department of public Works, 300 South Blair, in Round Rock, Texas, beginning October 31, 1989 for a nonrefundable charge of $10.00 per set. In rase of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or 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 performance and payment bonds as described in the bid documents. Pub. Dates: Round Rock Leader: 10/30/89 11/06/89 11/13/89 JOANNE LAND City Secretary City of Round Rock Austin American - Statesman: 10/29/89 11/05/89 11/12/89 NB -1 INSTRUCTIONS TO BIDDERS L Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms rarefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the access hility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omi' ons from, the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bid• received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not leas than five percent (5 %) 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 guarnatee that the bidder will eater into a contract and execute ;cerformance and payment bonds, as stipulated by item 11 bellow, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposnL Proposals submitted without check or bid bonds will not be considered 7. 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 sxty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all propose] and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. BD -1 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consdder the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10 Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one - hundred percent (100 %) of the total contract price. 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 in a form acceptable to the City of Round Rock. Said performance bond, or letter of credit, if applicable, and payment bond shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Tresury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item al above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liouidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorize; to do so by the City council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 0 D-2 16. Any quantities given in any portion of the contract documents, including the glans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. No Texas sal , ms tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease al materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptro11pr's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be sub ct to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. inLLt uct/sodsk2 BD-3 and firmly bound unto the BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE , as PRINCIPAL and , as SURETY, and held , hereinafter referred to as the " OWNER ", in the penal sum of five percent (5%) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described kelow; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assirns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECI'r"ICATIONS FOR CONSTRUCTION OF , for which bids are to be o at the ofice of the OWNER on ,1989. NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into written agreement, sutstantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS W HEREOF, we have hereunto set our hands and seals this day of 1989. Principal Surety By: (Seal) By: (Seal) bidbond/sprskl ED-4 Bid !! tem PROPOSAL BIDDING SHEET JOB NAME: Palm Valley Park Septic System Improvements JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATES: November 1989 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, 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 Palm Valley Park Septic System Improvements 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: 2. bidding /2 BASE BID Item Description Quantity Unit and Written Unit Price Unit Price Amount 1 L.S. Wastewater Septic System complete in place, per lump sum. p for ,fief ul cer htree.huai fwwaf y ��wc dollars /� c and N cents. $ 17.�11,% $ 2 L.S. Electrical site work, complete in place, per lump sum. vP ty S41S dollar and cents $ k for FA POuf kturiefiN TOTAL BASE BID (items 1 and 2) BD -5 $ 1 11 Bidding /2 If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within five (5) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within forty -five (45) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Respectfully Submitted, Title for: r x ea_VertF Yt Gt Name of Firm J Secretary, if Contractor is a Corportaton Date: BD -6 PO. 60x, 5 Pr'trczrnT . 7Sos Address (Sia) 3 5.E a220 Telephone 1 INFORMATION REQUIRED OF BIDDER (Shall be submitted prior to award of contract. Failure to submit prior to award of contract shall be cause for rejection of bid.). The bidder is required to sniply the following information. Additional sheets may be attached if necessary. (1) Name C 4 3 Ex_ eava +ins (2) Address ? 0 Pnx 555 , erfrarri (3) Phone Number 511) 35S -)J' O 7 (4) Type of Firm: ( ) Individual, ( V) Partnership, ( ) Corporation (5) Corporation organized under the laws of the State of (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation. Sari i CO Ktither5 �a rfr�er PO .) 555 Ze. C n y Cn rr h .x°" Par ne Pig. % mss rtia lit . Roan o5milh CIE r cc,f . 7Jt o - (7) Number of years experience (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner: Trav s Co. 1.,=J cal v, z , $ 9 � g 6 1 3. `'� L / � 1 S /stems L - 19" et /' zr fir,iVH tl `ls�S�ua:DNl $ 9 993. 7.S c-Pas.s1 9 -,-29 � ' L,z�r�� er1,„,1 (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in excess of one -half (1/2) of one (1%) percent of the total bid price and indicate what part of the work will be done by each subcontractor: t. 6.6 -tva12 Tk . o (10) payment H of taxes, in the State of 7 75 Yes No (11) List all jobs you performed in which a trench failure injury occurred: (12) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Above information is accurate and correct to the best of my knowledge. BD (M i(4. Title Date: //'i / 7 — c7 1 1 1 1 1 1 1 1 1 1 1 1 1 3.0 POST BID DOCUMENTS THE STATE OF TEXAS ) COUNTY OF WILLIAMSON ) That this Agreement made and entered into this /4 - day of / A.D., 1989, by and between the CITY OF ROUND ROCK TEXAS, it's Mayor, First Party, her termed the Owner and C e .S 4 X00 vat r of the City of r ra vn � — County c,f , State of j',. xQ S , Second Party, hereinafter termed Contractor. AGREEMENT KNOW ALL MEN BY THESE PRESENTS WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by GajA First Party (Owner), the qid Second Party (Contractor) hereby agrees with the First Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated !1 -/ -2q for certain improvements described as follows: Palm Val1Py Park Septic System Improvements The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 5 consecutive calendar days after the date of the written Notice to Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completes in full within 45 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in Notice to Bidders Instruction to Bidders Proposal and Bidding Sheets Performance & Payment Bonds Certificate of Insurance General Conditions of Agreement Basis of Measurement & Payment PBD -1 Special Conditions of Agreement Technical Specifications Special Provisions Addenda Change Orders Pans (agreepbd/4) AGREEMENT - continued In WITNESS W HEREOF the Parties to these presents have executed this Agreement in the year and day first above written. ATTEST: CITY OF ROUND ROCK, TEXAS, OWNER agreeplx1/4 PBD -2 e /5 EX cavat / Contractor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRINITY UNIVERSAL INSURANCE _ COMPANIES DALLAS TEXAS Trinity Universal Insurance Co. Security National Insurance Co. Trinity Universal Insurance Co. of Kansas, Inc. KNOW ALL MEN BY THESE PRESENTS: THAT, Cody and Sandy Carothers DBA: C & S Excavating 8-358 119/89) TEXAS STATUTORY PERFORMANCE BOND (Public Works) (hereinafter called the Principal), as principal, and Security National Insurance Company ' , a corporation organized and existing under the laws of the State of Texas , licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto ' City of Round Rock, Texas (hereinafter called the Obligee), in the amount of Thirty four thousand eight hundred even (Dollars) 1 ($ 34,800 00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, ,0, '"arlitilesillito t`'executbrs 'successors'and'as signs, f"or'nthrafd "severa'lly, firmly by these- ptefents: WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 5th day of December ,19 89 , for Palm Valley Park Septic System Improvements which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,That if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, than this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the pro- visions, conditions and limitations of said Article to the same extent as if it were copies at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of December , 19 89 Cody and Sandy Carothers DBA: Principal. C & S Excavating 1 � B .464 � / ✓/71/'//�� .artner ers Sandy Ca t rs Surety • Security National Insurance Company By Rick Clements AT TOANEV•IN•FACT PERFORMANCE BOND THE STATE OF TEXAS ) COUNTY OF WILLIAMSON ) THAT of the City of County of , and State of perfbd /5 P B D -3 KNOW ALL MEN BY THESE PRESENTS as principal, and authorized under the law af the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS, (owner), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themsP1ves, and their heirs, administrators, executors, successors and asqigns, jointly and severally, by these presents: W HEREAS, the principal has entered into a certain written contract with the Owner dated the day of , 19 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto 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 provisions of said Article to the same extent as if it were copied at length herein. PERFORMANCE BOND (CONTINUED) Surety, for valve 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 day of ,19 Principal By B Titre Title Address Address The name and addrass of the Rpaident Agent of Surety is: perfbd /5 PB D Surety 1 'TRINITY UNIVERSAL I INSURANCE COMPANIES 1 1 1 1 1 1 1 1 1 1 1 1 1 1 riSEIL ; SEAL; fff I 1 3 -35620/139/ Trinity Universal Insurance Co. Security National Insurance Co. Trinity Universal Insurance Co. of Kansas. Inc. TEXAS STATUTORY PAYMENT BOND (Public Works) KNOW ALL MEN BY THESE PRESENTS: THAT, Cody and Sandy Carothers DBA: C & S Excavating (hereinafter called the Principal), as principal, and Security National Insurance Company , a corporation organized and existing under the laws of the State of Texas licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto City of Round Rock, Texas (hereinafter called the Obligee), in the amount of Thirty four thousand eight hundred even (Dollars) 3 34.800.00 Ifca:the payment whereof, the saidf bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. I 19 * d of December 89 for Palm Valley Park Septic System WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 5th Improvements 1 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160of the Re- vised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the pro— visions, conditions and limitations of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of December 19 89 Cody and Sandy Carothers DBA: Principal • C & 5 Fofravating By By• Rick Clements Surety . Security National Insurance Company ATTORNEY-IN-FACT THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT, PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS of the City cf County of and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of Dollars ($ ) 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 CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and Pffect; PROVIDED, HO WEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions ct 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 W HEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 19 . Principal By Title Address Surety The name and address of the Resident Agent of Surety is - dhpaybd/6 PBD-5 1 1 CORD 025 -5 CERTIFICATE OF INSURANCE Producer CLEMENTS INSURANCE AGENCY P.O. BOX 550 BERTRAM I 1 (512)355 -2065 1 CODE 1 Issue Date 1 1 12 - 05 - 89 1 1 This Certifcate is issued as a matter of information only and confers 1 no rights upon the certificate holder. This certifcate does not amend, 1 extend or alter the coverage afforded by the policies below. Companies Affording Coverage TX 78605 5UR -CODE C AY k SANDY CAROTRER5 DBA C & S EXCAVATING I 1 P. D. BOX 555 1 BERTRAM, TEXAS 78605 1 1 1 1 1 1 1 1 1 ' 1 I- Dthe 1 A 1 X BUILDERS RI5K BINDER l 12 - 05 - 89 103 -05 - 90 1 434.8 Description of Operations /Locations /Vehicles /Restrictions /Special Items 1 Automobile Liability 1 A i Any auto All owned autos 1 %I Scheduled autos XS Hired autos 01 Non -owned autos Garage Liability Coverages =_____ This is to certify that policies of Insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all terms, euclusions, and conditions. .Co I Type of Insurance 1 Policy Number )Effective Datel Expire Date 1 All Limits in Thousands ILtrI - -- General Liability 1 General Aggregate 4 1000 A I XlCommerciai General Liab. 1 6L7438349 -10 - 90 1 Products - Comp /Ops Apure. $ 500 Claims made X Occur. 1 - - 1 Personal /Advertising Inj. $ 500 1 A 1 XI Owners & Contractors 1 BINDER -05 - 90 1 Each Occurrence 4 500 - - 1 Fire Damage(Any one fire) 4 50 - - l Medical Expense 4 5 (Any one person) TCA6417228 l 04 - 10 - 89 104 -10 - 90 1 CSL $ 500 - - - 1 Bodily Injury Per - - 1 Person) 4 1 - - 1 Bodily Injury Per - 1 - - 1 Accident/4 Property Damage 4 Each Occurrence Aggregate Encess Liability 1 Umbrella Form • Other than Umbrella Form -- Workers Compensation and Employers Liability 051011001998 -03 PALM VALLEY PARK SEPTIC SYSTEM IMPROVEMENTS Certificate Holder CITY OF ROUND ROCK PROJECT 420 -00264 4 AT^0ENT1Th0 0fTY ^NANA'GER 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 ,■ Company Letter A TRINITY UNIVERSAL OF KANSAS 1 Company ttr ILUROWNAERALIV9, 00 .. 1 Company 1 Letter Coipany 1 Letter 0 1 Company 1 Letter E 04 - 10 - 89 104 12 - - 05 - 89 112 04 - 11 - 89 104 Statuatory 4100 -11 - 90 1 4500 4100 (Each accident! (Disease- Policy Licit) (Disease -Each Employee) 1 =1 CANCELLATION 1 Should any of the above described policies be cancelled before the 1 expiration date thereof, the issuing company will 3odememotamx C` aai'T' (30 tTaVs' lfrittet netiCe'tothe°"COrtlii'fat "Flo)der named to'fhe 1 left, but failure to mail such notice shall impose no obligation or 1 liability of any kind upon the ccomp agents or representatives. Authorized Representative ( �I�LGt TO: City of Round Rock 221 East Main Street Round Rock, Texas 78664 THIS IS TO CERTIFY THAT is, at the date of this . certificate, insured by this company with respect to the business operations hereinafter described, for the types of insuranCe and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard polices are noted on the reverse side hereof. TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS OF INSURANCE NO. DATE DATE LIABTLTTY Satutory, State Workmen's of Texas,$ Compensation Employer's Liability Comprehensive Bodily Injury General $ each person Liability $ each person Includes Contracrna1 Liability Covers Property Damage Independent $ each accident Contractors $ aggregate Owner's Bodily Injury Protective $ each person $ each accident Property Damage $ each accident $ aggregate Comprehensive Bey Injury Automobile $ each person r,iability $ each accident Owned Vehicles Property Damage Hired $ each accident Vehicles Non-owned Vehir1 os Includes Contracbial Liability - certins /6 CER'r.uICATE OF INSURANCE PBD-6 Date: Description of work: CERTIFICATE OF INSURANCE (CONTINUED) The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. certins /6 (Name of Insurer) By: Title: Address: P B D -7 MAINTENANCE BOND BOND NUMBER AMOUNT $34,500.00 KNOW ALL MEN BY THESE PRESENTS, That we, Cody and Sandy. Carothers DBA: C & S Excavating ( hereinafter called the "Principal') as Principal, and the Security National Insurance Company a Corporation duly organized under the laws of the State of Texas , and duly licensed to transact business in the State of Texas (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "),in the sum of Thirty four thousand eight hundred even dollars ($ 34.800.00 ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, " firmly ..byr these presents, . ,,.. „ -.- Sealed with our ssa1s and dated this 5th day of December , A.D. nineteen hundred and eighty nine WHEREAS, the said Principal has heretofore entered into a contract with Palm Valley Park Septic System Improvements dated December 5 , 1939, for construction of WHERAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of one year(s) from the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the ga ir1 work which may develop during the period of one year(s) from the date of acceptance of the project above described, by owner THE CITY OF ROUND ROCK, TEXAS or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of Gairl Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Cody and Sandy Carothers DBA: C & S Excavating Prin • Surety by Sandy ,arothers, partner (maintbd/6) P5 D -8 Security National Insurance Co. by Rick Clements, Attorney -in -fact 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r1-3898 REV. 3-82 • KNOW ALL MEN BY THESE PRESENTS: • i That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each o Texas Corpor ond TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., .a Kansas Corporation do hereby appoint RICK-CLEMENTS — BERTRAM, TEXAS . 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 amounts or penalties not exceeding the sum of • • - ONE HUNDRED THOUSAND AND NO/100' • . - 100,000 )' 00 Dollars ($ EXCEPT NO AUTHORITY IS GRANTED FOR: 1. Bid or proposal bonds where estimated contract price exceeds the amount stated herein, 2. OF Penalty bonds. 3. Bonds where Attorney(s)sin-Fact, appe,ohas a party gt.1riterest. , • • • •sesarr-rom IN WITNESS WHEREOF, UNIVERSAL INS RANCE t OMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested these presents 2ND AP; .84 . this day of 19 A E, PRE VENT AUTHORITY FOR POWER OF ATTORNEYJ That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each u Texas Corporation and UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Director, on the 1st day of March, 1976 and of which the following is a true, full, and complete copy: "RESOLVED, That the President, any Vice-President, or any Secretary of each of these Companies he and they Fee hereby authorized and empowered to shorre, execute, and deliver in behalf of these Companies unto rephr person Or persons residing within the United States of America, o': they May seleCt, its Power of Attorney constituting and appointing each such person its Atrorneyrin-Fact, with full power and author- ity io ;sake, execute ond deliver, for it, in its name and in its behalf, Cs Eurety, any particular bond Or Undertaking that may be required in the specified territory, under such iimitotions ond restrictions, both as to nature of such bands or undertaking and as to limits of liability to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which • eel: Powers oF Attorney may he restricted, to be in each instance specified in such Power of Attorney. RESOD/ED, That any and all Attorneys-in-Fact and Officers of the Companies, includirrig Assistant Secre- taries, whether Or not the Secretary is absent, be and are hereby authorized and empowered ro certify or verify copies of the By-Laws oF these Companies os well as ony resolution of the Directors, having to do with the execution of bonds, recognizances, contrecrs of indemnity, and all other writings obligotory in the nniure irmreof, or with regard to the powers of any of the officers of these Companies or of Attorneys-in- Fes is RESOD/I'D, That the signoture of any of ihe persons described in the foregoing resolution may be fac- simile sionctures as fixed or reproduced hy oily form of typing, printing, stomping or other reproduction of ide names of the persons hereinabove aurhorised." 5th "'Pt MSE.25.14 - 7SEAL d USEALA ... ............ TheTrin4y 'Companies 043s l'exas75201 LIMITED POWER OF ATTORNEY CERTIFICATION OF POWER ATTORNEY I, Juidth E. Isaggn, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the Foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full force and effect. IN WIlHESS WIdEREOls, I have hereunto sot my hand and affixed the facsimile seal of each Corporation day of December 19 8 9 6/JUDITH E. FAGAN, CORP. SECRETARY 4.0 GENERAL CONDITIONS 1 1 1 1 1 3 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Sub - Contractor 1.04 Sub-Subcontractor 1.05 Written Notice 1.06 Work 1.07 Extra Work 1.08 Working Day 1.09 Calendar Day 1.10 Substantially Completed 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 2.04 Initial Determinations 2.05 Objections 2.06 Lines and Grades 2.07 Contractor's Duty and Superintendence 2.08 Contractor's Understanding 2.09 Character of Workmen 2.10 Contractor's Buildings 2.11 Sanitation 2.12 Shop Drawings 2.13 Preliminary Approval 2.14 Defects and Their Remedies 2.15 Changes and Alterations 2.16 Inspectors 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design 3.04 Right of Entry 3.05 Collateral Contracts 3.06 Discrepancies and Omissions 3.07 Equipment, Materials and Construction Plant 3.08 Damages 3.09 Protection Against Accident to Employees and the Public 3.10 Performance and Payment Bonds 3.11 Losses from Natural Causes 3.12 Protection of Adjoining Property General Conditions of Agreement GC-1 3.13 Protection Against Claims of Sub-Contractors. etc. 3.14 Protection Against Royalties or Patented Invention 3.15 Laws and Ordinances 3.16 Assignment and Subletting 3.17 Indemnification 3.18 Insurance 3.19 Final Clean-Up 3.20 Guarantee Against Defective Work 4. Prosecution and Progress 4.01 Time and Order of Completion 4.02 Extension of Time 4.03 Hindrances and Delays 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities 5.03 Price of Work 5.04 Partial Payments 5.05 Use of Completed Portions 5.06 Final Completion and Acceptance 5.07 Final Payment 5.08 Payments Withheld 5.09 Delayed Payments 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contracts 9.03 Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities GC-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ID 1 1 1 1 1 1 1 1 1 1 General Conditions of Agreement 1. Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and mascu. line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi- neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu- ments shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Sub - contractor The term Sub - Contractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor The term Sub - Subcontractor means one who has a direct or indirect contract with a sub - contractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. - 1.05 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.06 Work The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin- tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of GC-3 materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or oc- cupancy or the facility is in condition to serve its intended purpose, but still may require minor miscel- laneous work and adjustment. 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc- tions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac- tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional GC-4 1 1 1 1 1 1 f 1 1 1 1 1 1 1 1 1 1 1) 1 1 1 1 1 1 1 1 1 1 judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to Contractor shall not be deemed as a repre- sentation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci- sion had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac- cordance with the meaning and intent of this contract, either party may file with the Engineer within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English- speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instruc- tions being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall' be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop draw- - GC -5 ings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being per- formed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the com- pleted construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workmen The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of 8500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set- ting drawings and schedules required for the work of the various trades. and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor- rections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsi- bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings, GC -6 Re, 7.1.75 1 1 1 1 1 1 1 1 1 1 1 1 or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela• tion to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and /or specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara- tion for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of GC -7 observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contrator their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu- tion of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi- neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con- tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or estop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep- table work and the re-doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the Contractor shall keep one copy of the same con- stantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is there- fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility GCS 1 1 1 1 lr 1 1 1 1 1 1 j 1 1 1 1 1 companies regulated by City franchises. but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.08 Discrepancies and Omissions It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under " Contract Docu- ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por- tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate- rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis- sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety bf employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. 3.10 Performance and Payment Bonds Unless otherwise specific, it is further agreed by the Parties to the Contract that the Ctntractor will execrate separate performance and payment bonds, eadi in the sum of ace hundred (1005) per it of the total =tract price, in standard forms for this purpose, guaranteeing faithful perfourance of the work and the fulfillment of any guarantee required, and further guaranteeing payrnmt to all persais gslyirig 1alnr and materials or furnishing him any ecpipment in the execution of the Contract. If the =tract price is less than $50,000.00, a letter of credit may be furnished in lieu of a performance bad. It is agreed that the Contract shall not be in effect until such performance band (s) or letter (s) of credit, and payment bond (s) are furnished and approved tq the owner. Lhless otherwise specified, the asst of the premium for the perfornenoe bond or letters of credit, and payment bonds shall be inclu±d in the price bid by the Contractor for the work under this Contract, and no extra psynant for sum bands or letters of credit will be made by the Cwner. t.h ess otherwise approved in writirg by the Cxa,er the surety any u - nsrwritirg the bonds or letter of credit shall be ante according to the latest list of cnnpsnies holding certificates of authority from the Secretary of the Treasury of the United Staters and stall be lid GC -9 to write such bonds or letters of credit in the State of Ipacas. 3.12 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.11 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construc- tion; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection against Claims of Sub - contractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out of the lawful demands of sub - contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power teals, and all supplies, including commis- sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so; then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy- right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by the Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordi- nances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces- sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor GC -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with- out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this con- tract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agree- ment. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec- tive officers, agents and employees, from and against all damages, claims, losses, demands, suits, judg- ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employees and any Sub - Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor or Sub - Subcontractor including the loss of use resulting therefrom; and, (2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Sub-Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys. Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys, Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli- gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry inurance as follows for the duration of this contract. A. Statutory Workmen's Compensation B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -11 C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minfmum.limits of $50,000 for each occurrence. Contractor shall require sub- contractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all re- quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac- tor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All in- surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca- tion and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be dis- covered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before ac- ceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis- cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer- tificate stating that the material meets the requirements specified for this project. - G C -12 e... 7-1 -7S Y 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 1 1 1 1 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of com- pletion designated in the Proposal; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid- able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com- pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adver e Mbar n Ds will not be justification= for extension of time cn "calendar Lays" crntracts. 4.03 Hindrances s and d Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and /or com- puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe- cifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approxi- mate and are to be used only as a basis for estirnating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. GC -13 Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quan- tity of any major item should become as much as 20% more than, or 20% less than the estimated or con- templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material em- braced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The state- ment shall also include the value of all sound materials delivered on the job site and to be included in the work all partially completed work whether bid es a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify anr approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may —upon written recommendation of the Engineer— pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the condi- tions stated under "Final Payment." 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed por- tions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substan- tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial comple- tion" of the structure or facility shall not excuse the Contractor from performing all of the work under- taken, whether of a minor or major nature, and thereby completing the structure or facility in accor- dance with the Contract Documents. GC -14 Rm. 7 . bfs 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contract Documents, the Engi- neer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Con- tractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure- ments arid prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill- ment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied or other obligations hereunder not done. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state- ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully liquidate any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform here- under. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. Iler. 7.1.75 GC -15 In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against' the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in- crease in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta- tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made avail- able to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incor- porated in the Written Extra Work Order. The fifteen (15 %) per cent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained pri- GC -16 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 warily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance. the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro- vided under Method (Cl. The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ- ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of GC -17 the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work: and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Con- tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and /or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound there- for. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and /or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so noti- fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con - tractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract: or when the Contractor and /or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and /or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and /or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the GC -18 1 1 1 1 1 1 1 4 1 1 ..1 1 1 Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep- tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub- contractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig- nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub - mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. ' The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. • `GC -19 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate' written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac- tors and Sub - subcontractors) which shall contain provisions that: (I) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Docu- ments; (3) require submission to the Contractor of the applications for payment under each subcontract 'to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent com- pleted, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coor- dinate his work with theirs. GC -20 1 1 1 1 1 1 1 1 1 w_ 1 1 1 1 1 1 1 1) 1 1 1 1 1 1 1 If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall. upon due notice, settle with such other contractor by agreement or arbitration, if be will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to com- plete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein, whether in storage or or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pave - ments, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. Rev. 74-75 ` GC -21 All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explo- sives. If Blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap- proval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38. 11201, of the City Code. 6. The Director of Engineering orhis representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully re- sponsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contrac- tor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig- nated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -22 Alt 7.1 -75 1 1 1 1 1 1 1 r 1 1 1 1 1 1 5.0 SPECIAL CONDITIONS SECTION 01 -fl48 R ATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for 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 Section 4.02 of the General Conditions, the Owner may withold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $50.00 per calendar day. 01 -05 LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. specialc /2 SC -1 01 -06 USAGE OF WATER All water used during construction shall be by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excesive waste is occurring during construction. 01 -07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the general Conditions, then the pay estimate will not be processed and will be returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract,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. ( rtain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICFS FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship for a period of one (1) year from the date of final acceptance by the Owner. Materials furnished shall be free from defects for a period of one (1) year or the period provided by the manufacturer, whichever is longer, from the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment SC -2 specialc /2 specialc /2 nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -07 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 described in the contract documents and technical specifications. All items of work not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. SC -3 02 -09 "AS- GUILTS" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project. superintendent and labled as "As- Builts", that shows all changes and revisions outlined above - and that shows -field locations of all above ground appurtenances including but not limited to valves, fire - hydrants and manholes. These as -built drawings shall become the property of the Owner Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiahle, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- bnilts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, right-of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES twonine/4 Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. SC -4 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the plans. The Contractor shall notify the Engineer not less than twenty-four (24) hours prior to commencement of construction staking. Locations of various proposed improvements shall be subject to the approval cf the Engineer. No separate pay shall be made for Construction staking. Protection of Stakes, Marks, Etc. All marks, property corners, etc, shall be carefully preserved by the Contractor, and in race of destruction or removal during the course of this prokect, such stakes, marks, property corners, etc., shall be re-staked by the Contractor at the Contractor's sole expense without additional compensation by the Owner. The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, written certification that ALL property pins are in place prior to his moving off the job site. Such certification will be expected of each Contractor involved with the project. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.,). At the end of each day two lanes of traffic. shall be opened to the public. The contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary and no additional compensation shall be given for complying with this special Condition. SECTION 04- MAINTENANCE BOND Per City of Round Rock Ordinance, a two (2) year Maintenance Bond naming the City of Round rock as obligee will be required for public streets constucted without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain (twotwelv/4) SC -5 (twotwely /4) in effect for two (2) years from date of City of Round Rock acceptance of improvements. A one (1) year Maintenance Bond in the amount of ten (10 %) percent of the price, as adjusted by any chance orders, will be required for _ all other improvements and shall be submitted prior to final payment. Such bond shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. (Special conditions continued on next page) SC-6 SECTION 5INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the fallowing types and amounts for the duration of this contract„ which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: section5 /4 a. Statutory Workers' Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General T iahility Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or a Combined Single Limit of $600,000. d. On all new or remodeling building projects; All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price tor such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractors shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under id Contract has been completed and accepted by the Owner, and Owner's a Contractor's Protective Policy which co-insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General T iahility Insurance ". When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. S C -7 section5 /4 This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub-subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess T•iahility Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and Gaff insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All destibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shag not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issuea and acceptable to owner. Contractor shall produce an endorsement to each affected policy; 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Worker's Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse during term of this contract or as required in the Contract. S C -8 section5 /4 If Contractor is underwritten on a claim -made hasia, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, in advance of the retroactive date, cancellation and/or renewaL It is also agreed that Contractor will invoke the ta;l option at request of Owner and the Extended Reporting Period CERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during affective period of the Contract and to make reasonahlP adjustments to insurance coverage and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by this section shall be paid by Contractor. SC -9 6.0 TECHNICAL SPECIFICATIONS ITEM 1 1.01 GENERAL DESCRIPTION SCOPE OF WORK The work covered by the Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of wastewater improvements complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock, Texas. ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the puhlir 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. TS-1 ts/pvs /6 2.01.2 HACKWORK The Contractor shalt coordinate his operations in such a manner as to prevent the amount of cleanup and completion of back works from becoming excessive. Should such a condition exist, he Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and sati factory conditon approved by the Engineer. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK ts/pvq/6 The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The q»ality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NO'111•1CATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing or requiring prrcnce of the Engineer, project representative, or Owner's representative. ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. TS-2 4.03 BARRICADES Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIALS The Contractor sha31 at his own expense, make arrangements for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operation and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specififed by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance and to establish an equal basis for the evaluation of bids Where the words "equivalent ", "proper" or ts/pvs/6 Except as specified otherwise, wherever in the specifications an article or class of matera1 is designated by a trade name or by the name or catalog number of any make, patentee, manufacturer, or deler, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and servicPahility for the purpose intended, as may be determined and judged by the Engineer in his co discretion. TS-3 ITEM 6 "equal to" are used, they shall be understocd to mean that the item referred to shall be "proper", the "equivalant' of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material,, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. RESTORATION, REVEGETATION, AND EROSION CONTROL MEASURES (Series 600) This item shall govern the furnishing, placing maintaining and removal of all erosion control measures, site work, restoration work, grading, shaping and seeding for all disturbed areas and in accordance with the Plans. All temporary erosion control measures including hay hales, rock berms, fabric fence and brush piles shall be erected at the locations as required, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of distrubed area and spoil sites shall include spreading of top sni1, shaping, hydromulching or seeding in accordance with Plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. This item will not be measured and paid for separately. Costs for this item shall be included in unit price bid for "wastewater Septic System ". ITEM 7 CONCRETE STRUCTURE AND MISCELLANEOUS CONCRETE (Series 400) This item shall govern furnishing, forming, placing, curing and finishing of concrete including all necessary structural excavation for the placement of structures or foundation courses. This item will not be measured and pain for separately. Costs for this item shall be included in unit price bid for "Wastewater Septic System ". pvtech/6 TS-4 ITEM 8 WATEWATER SEPTIC SYSTEM 8.01 SCOPE This item shall consist of providing all labor, mat=rialc, troll, equipment and related items to furnish and install a complete and operational wast septic system in accordance with the Pans and Specification. 8.02 MATERIALS 8.02.1 PIPE Qtem 510) Septic system piping and fittings shall be PVC (non-coiled) schedule 40 (ASTM D 1785). When called for, steel pip= shall be standard weight schedule 40 (ASTM A 53) and steel fillings shall be extra strong Federal Specification W W -N 351 or W W -P 521. All steel pipe used shall be galvanized coated. 8.02.2 PRECAST CONCRETE TANKS AND VAULTS (ITEM 410) All precast tanks and vaults shall conform to the requirements of the Texas Department of Health. All tanks, vaults and utility boxes shall be pre -cast reinforced concrete. In addition to loads due to installation (setting) and underground burial, pre-cast tanks, vaults and utility boxes shall be designed to carry a top dead load of 120 psf plus the dead load associated with the concrete structure it el f. In no oRce shall the total dead load be less than 200 psf. Prior to construction, the Contractor shall submit to the Engineer, certified engineering data (shop drawings) that the concrete structures he intends to use meet or exceed the criteria listed above. Such data shall include a design for cleanouts, manholes or access openings where applicahle. Cleanouts manholes and access openings shall themselves be capable of sustaining the loadings listed above. Submitted data shall take into consideration any reductions in carrying capacity of concrete tops for vaults or tanks due to the presence of openings for cleanouts, manholes or access. Manhole risers shall be concrete unless otherwise approved by the Engineer. Manholes shall be sized large enough to facilitate maintenance and removal of pumps, valves, appurtenances etc. Manholes and cleanouts shall be designed to prevent infiltration of stormwater. Tank volumes shall be as shown in the Plans. However, tank dimensions shown in the plans may vary but only upon approval from the Engineer. No extra pay will be made for any increase in excavation or interconnecting piping due to alterations of tank dimensions. pvtech/6 TS-5 8.02.3 PUMPS AND CONTROLS pvtecil/6 Utility box and vault dimensions as shown in the plans may vary but only upon approval from the Engineer. All tanks, vaults and utility boxes shall be provided with some means, such as lifting hooks, to facilitate installation and removaL Such means shall be subject to the approval of the Engineer and shall be corrosion resistant. The Contractor shall furnish and install two (2) submersible Pfflnant pumps. Each pump shall be capable of pumping 102 gpm at TDH of 28.8 feet. Each pump shall be operated by a one (1) horsepower, 3 - phase, 230 volt motor. Each pump shall be provided with seal failure sensor capability wired to a seal failure indicator light. The Contractor shall furnish and install both a pump control panel and a separate alarm panel. The contractor shall also furnish and install all hardware and apparatus necessary tor properly mounting and anchoring the panels. Such hardware and apparatus shall be corrosion resistant. The pump control panel shall be an automatic duplex control center in a NEM A 4X Thermoplastic enclosure. Control design shall allow for manual or automatic operation of the pumps. The enclosure shall be capable of being pad-locked. The control panel shall contain an alternator and a lapse time meter for each pump. The alarm panel shall consist of 2 NEMA 3R enclosure with light and horn. The alarms shall be capable of monitoring high water level, pump failure and pump seal failure The panel shall be provided with alarm test and horn silencing push buttons. The enclosure shall be capable of being pad - locked. The alarm system shall operate on a separate electrical circuit from the pumps. All panel and pump surfaces that are machined steel, finished steel or cast iron shall be painted in accordance with the manufacturer's recommendation. All such surfaces shall also be coated with a rust preventative compound. The Contractor shall furnish all pump data and descriptions as deemed necessary by the Engineer. The Contractor shall furnish and install four (4) float switches for liquid level contraL One for turn off, one for turn on of one pump, one for turn on of two pumps, and one for high water alarm. A support bracket shall be provided to hold the switches at the required heights and to prevent tangling of the power cords. TG 6 8.03.2 PIPE The following manufacturers are to be considered acceptable. Equivalent equipment may be supplied and installed but only with the approval of the Engineer. Pumps; 1. Hydromatic, Model SPD 100H Control Panel: 1. Hydromatic, "Q" Control Panel Alarm Panels 1. Hydromatic Float Switch Level Control: 1. Hydromatic, Model 3900 The Contractor shall furnish to the Owner two (2) sets of manufacturer's operation and maintenance manuals for the pumps, control panel, alarm panel and level control switches to be installed. 8.03 INSTALLATION AND CONSTRUCTION 8.03.1 TANKS AND VAULTS The Contractor shall install all tanks and vaults in accordance with the plans and in accordance with the respective manufacturer's recommedation with respect, but not limited, to the following items: Site preparation, hula size and configuration, access route for delivery, access necessary for setting the tank or vault, and filling tanks with water. All steel or Cast iron surfaces that will be susceptible to corrosion shall be coated (1/8 ") with coal tar epoxy or other anti - corrosion material approved by the Engineer. All pressure and non - pressure pipe shall be prepared, installed and connected in accordance with the plans, standard pacification and manufacturer's recommendations. No pipe shall be backfilled until it has been observed and found acceptable by the Engineer or his designated representative. 8.03.3 ABSORPTION P1ELD No absorption field construction shall begin until the °nil at the field site is sufficiently dry and suitable for construction. Such determination shall be made by the Engineer. The Contractor shall limit construction traffic in the absorption pvtech TS-7 field area in order to preserve the suitablity of the site. No heavy construction vehicles shall be allowed on the absorption area. Only that traffic necessary for the construction of the field shall be allowed. Lateral trenches shall not be excavated in soil that is sufficiently wet to cause easy smearing or compaction. All smeared or compacted surfaces occurring during construction shall be raked to a depth of one inch (1 ") and all loose material removed prior to placing gravel or other media. All lateral trenches shall be level and excavated to the elevations shown in the Plans. In no case shall a lateral line be allowed to slope away from the manifold line. The manifold trench shall be excavated to a depth of six inches (6 ") below the bottom of the lateral trenches. After the manifold line has been placed and lateral mines connected, the manifold trench shall be backfilled with tightly tamped soil to prevent the trench from becoming a conduit tor downslope flow of effluent from the lateral trenches. Tightly tamped native clay soil free of rocks and rlorls shall be used as backfill material for the mainfold trench and no gravel or sand shall be used. 8.03.4 PUMPS AND CONTROLS Each pump shall be set in the pump chamber and all piping appropriately assembled Each pump shall be provided with some lifting means, such as nylon rope or stainless steel chain. One end of the lifting means shall be securely attached to the pump handle and the other attached in a location that will facilitate easy access and removal. The contractor shall install both the control panel and the alarm panel in accordance with the manufacturer's recommendations. The panels shall be located in close proximity to the pump chamber but not so as to hinder future maintenance and operation. The method and means of mounting, anchoring and attaching the panels shall be subject to the approval of the Engineer. The Contractor shall provide air-tight epoxy seals in and around the panels at all locations that, in the opinion of the Engineer might allow infiltration of corrosive gases. The Contractor shall make all necesary electrical hook -ups from the pumps to the panel and from the panels to the power supply. Such electrical work to be in accordance with the manufacturer's recommendations and all other applicable codes, ordinances and specifications herein. pvtech/6 TS-8 8.04 TESTING All testing shall be performed by the Contractor, in the presence of the Engineer or his designated representative. All testing equipment shall be provided by the Contractor. All septic tanks and pump chambers shall be tested by first filling with water. Then, after allowing the concrete to absorb water for twenty-four (24) hours, the tank or chamber shall be refilled and the amount of water lost over the subsequent twenty-four (24) hour period shall be determined. A water less of more than one percent (1 %) of the tank or chamber volume shall be deemed unacceptable. pvtech/6 The system shall be tested for proper operation by the following: 1. with the plpctri al power off, the pump chamber shall be filled with water up to the level of the high water alarm. 2. The turn -up cap at the end of one of the highest system laterals shall be removed and a suitable length of properly threaded 1 -1/4" PVC pipe shall be attached to monitor the pressure head. 3. The electrical power shall be turned on and the alarm checked for proper operation. 4. Each pump shall be operated and the lateral pressure head checked for compliance with the design pressure head. The pump operated last shall be run until turned off by the lowest float control. 5. All laterals shall be checked for proper pressure head. 8.05 MEASUREMENT AND PAYMENT This item will be measured at the limits specified per lump sum. The work performed as prescribed by this item will be paid for at the unit price bid per lump sum for "wastewater Septic System" which price shall be full compensation tor the work specified, including the furnishing of all materials, tanks, vaults, utility boxes, piping, fittings, valves, pumps, controls, hook -ups, appurtenances, equipment, tools, final grading, erosion controls, and all labor and incidentals necessary to complete the work. TS-9 TPEM 9 SUBMITTALS Submittals with respect to materials and installations are required for the fallowing items: Tanks, vaults, utility boxes, pumps, control panel, alarm panel, level control switches as well as all pertinent and associated appurtenances, hardware and incidentals. pvtech/6 TS-10 7.0 ELECTRICAL SPECIFICATIONS OLD SETTLER'S PARK SECTION 16010 -1 GENERAL PART 1 - GENERAL 1.01 SCOPE OF WORK Unless otherwise specified, provide all labor, equipment, supplies, materials, superintendence and testing necessary for the installation of complete electrical systems as required by these specifications and as shown on the Drawings, subject to the terms and conditions of the contract. Complete such details of electrical work not mentioned or shown which are necessary for the successful operation of all electrical systems described on the Drawings. A. Submit a bid on the basis of a complete installation, including all labor, material, cartage, insurance, permits, inspections, and tares. B. Include temporary electrical power and lighting that will be required. Provide lighting to satisfy OSHA requirements. C. All Agreement Forms, General Conditions and Supplementary or Special Conditions shall apply to the work specified in Division 16. 1.02 SITE INSPECTION A. The contractor shall visit and examine the site verifying all existing items and familiarize himself with existing work conditions and understand the conditions which affect performance of the work of this Division before submitting bids for this work. The submission of bids shall be deemed as evidence of such visits and examinations. B. All bids shall take the existing conditions into consideration and the lack of specific information on the drawings shall not relieve the contractor of any responsibility. No subsequent allowance for time or money will be allowed for work or change related to failure to examine site conditions. 1.03 RELATED WORK SPECIFIED ELSEWHERE A. Provide electrical connections and service to items described in all other sections of these specifications. 1.04 WORK NOT INCLUDED A. Certain labor, materials, or equipment may be provided under other sections of these specifications, by utility companies, or by the owner. When such is the case, the extent, source and description of these items will be as indicated on the Drawings or described in the specifications but the Contractor is responsible for verifying with all parties involved as to the extent of his requirements of work. 1 B. Unless otherwise indicated, motors shall be furnished by others, but connected by the Electrical Contractor as indicated on the Drawings. Electrical contractor to provide all motor control wiring and conduit as required. 1.05 GENERAL REQUIREMENTS A. Prior to bidding, examine the premises to determine if there are any special or existing conditions which may effect the work to be performed. B. Definitions: 1. "Provide" or "Install ": Includes all material, labor, subcon- tracts, appurtenances and mark -up required for a complete operable system as shown and specified, set in place, connected and ready to use. 2. "Furnish ": Purchase and deliver to job site, material as shown and specified. 3. "Record Drawings ": Drawings that reflect the electrical systems as actually constructed by the contractor. 4. "Owner ": City of Round Rock. "Engineer ": Hendrix & Myers Consulting Engineers. C. The Contractor binds himself, his partners, successors, assigns and legal representatives to the Owner hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the Contract or sublet it as a whole without the written consent of the Owner, nor shall the Contractor assign any monies due or to become due to him hereunder, without the previous written consent of the Owner. D. The Contractor shall supervise and direct the Work using his best skill and attention. He shall be scdey responsible for all construction means, methods, techniques, safety, sequences and procedures and for coordinating all portions of the Work under his Contract. E. The Contractor shall provide, without extra charge, all incidental items required as a part of the Work, even though not particularly specified or indicated, and if he has good reason for objecting to the use of a material, appliance, or type of construction shown or specified, he shall register his objections with the Engineer, in writing: otherwise, he shall proceed with the work under the stipulation that a satisfactory .job is required. F. Drawings: SECTION 16010 1. The drawings are in general diagrammatic and the location of outlets, switches, motors, etc., on the drawings do not necessarily mean that such units shall be placed at that exact spot, as scaled on the drawings, but shall be located to function 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 16010 best. Use the drawings, and these specifications for guidance and secure the Engineer's approval of all changes in location. 2. Verify all measurements at the site. No extra compensation will be allowed because of differences between locations shown on the drawings and measurements at the building. 3. Contractor must insure that all minimum NEC working clearances are maintained. 4. No attempt has been made to show complete design details of construction on the Electrical plans. No extra cost will be allowed for offsets in conduit and wiring to avoid other work or when minor changes are necessary to facilitate installation or maintenance. 5. The circuits have been designed to compensate for voltage drop and other considerations to accomplish maximum economy. Recircuiting will not be permitted without specific approval. 6. In the event of discrepancy, immediately notify the Engineer. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 7. Drawings and specifications are complimentary each to the other. What is called for by one shall be as binding as if called for by both. 8. Should the drawings disagree in themselves, or with the specifications, the better quality or _greater quanity of work or materials shall be used. G. Substitutions 1. Unless otherwise indicated, base bid on the equipment shown on the on the Drawings and hereinafter specified. All substitutions shall be of equal or better quality to the equipment specified. 3. Acceptance of the substitution by the Engineer does not relieve the Contractor of responsibility for proper operation of the systems, compliance with specifications, necessary changes due to dimensional differences or space requirements, and completion of work on schedule. 4. It is not the intent of the Specifications to limit materials to the product of any particular manufacturer. Where definite materials, equipment and /or fixtures have been specified by name, manufacturer or catalog number, it has been done so as to set a definite standard and a reference for comparison as to quality, application, physical conformity and other characteristics. 1.06 RECORD DRAWINGS A. Reference requirements stated elsewhere in the specifications. SECTION 16010 B. In addition to other requirements, neatly mark up with contrasting colors a clean set of drawings as the work progresses, to show the dimensioned location and routing of all electrical work which will be permanently concealed. Show routing and location of items cast in concrete or buried underground. Show complete routing and sizing of any significant revisions to the systems shown. Keep marked up set at site for review at site meetings. C. Contractor shall indicate progress by coloring -in various conduits, ducts, and associated appurtenances exactly as they are erected. This process shall incorporate both the changes noted above and all other deviations from the original drawings whether resulting from job conditions encountered or from any other causes. D. The marked -up and colored -up prints will be used as a guide for determining the progress of the work installed. They shall be inspected periodically by the Engineer and Owner's Representatives and they shall be corrected immediately if found either inaccurate or incomplete. This procedure is mandatory. E. At the completion of the job, these prints shall be submitted to the Engineer and Owner for final review and comment. The prints will be returned with appropriate comments and recommendations. These corrected prints together with corrected prints indicating all the revisions, additions and deletions of work, shall form the basis for preparing a set of record drawings. F. The Engineer's original tracings may be borrowed by the contractor for his Trade, to obtain a set of mylar reproductions. Each contractor shall then transfer all work to his mylar set and shall add the date of printing and the legend "Record Drawing Set" and submit a set of reproducible sepias to the Owner for his review. The Owner shall comment on the set of sepias and shall return this set to the Contractor to make any final modifications to the drawings. After all corrections are made, the Contractor shall add the date of printing and the legend "Record Drawing Set" on the mylar set. G. Using the "Record Drawing Set ", the contractor shall print one (1) complete set of reproducible mylars and two (2) sets of prints for submission to the Owner. H. Contractor shall bear all the costs of reproducing the original tracings, making all the necessary changes and printing the mylar sets for the work in his charge. I. Final payment will be withheld until all Record Drawing Sets are submitted to the Owner. 1.07 SUBMITTALS A. Submit to the Engineer within 60 days after the award of the contract a 4 SECTION 16010 typewritten list of those items of equipment and appurtenances which will be furnished. Include the name or description of the item, name of manufacturer, model or type, catalog number and manufacturer's printed information. The information submitted shall include overall dimensions, weights, voltage rating, phase, wiring diagrams, etc., and nameplate data. Assemble all submittals into one brochure. The Engineer's check will be general and does not relieve the Contractor of final responsibility to comply with the Contract Documents in all respects. B. Submit Shop Drawings for, but not limited to, the following items: 1. Safety Disconnect Switches 2. Panelboards 3. Wire and Cable 4. Transformers 5. Fuses 6. Cabinets and Enclosures 7. Distribution and Fuse Blocks C. When requested, present samples of all materials proposed for use to the Engineer for his approval. D. Certify Shop Drawings have been checked for compliance with Contract Documents. certify that the materials submitted can be delivered and installed according to the construction schedule. E. Select all other materials, not specifically described on the Drawings or in these specifications but required for a complete and operable facility, and submit to the Engineer for approval. 1.08 CODES AND REGULATIONS A. Comply with the requirements of the National Electrical Code, National Electrical Safety Code, Occupational Safety and Health Act (OSHA) and all other applicable Federal, State and local cedes. All cedes and standards shall be per the latest edition with all supplements and official interpretations included. The Drawings and specifications take precedence when they are more stringent than codes, standards, ordinances, and statutes take precedence when they are more stringent or conflict with the Drawings and specifications. 6. Should the contractor perform any work that does not comply with the requirements of the applicable Building Codes, State Laws, Local Ordinances and Industry Standards, he shall bear all costs arising in correcting the deficiencies, as approved by the Owner. 1.09 DELIVERY AND STORAGE OF MATERIALS A. Retain all portable and detachable parts or portions of installation such as fuses, key locks, adaptors, blocking clips, and inserts until final completion of work. Deliver parts to the Owner or his authorized representative and attach an itemized receipt to obtain request for final payment. B. Product Handling: 1.10 UTILITY COSTS 1.11 CLEAN -UP C. 1. Use all means necessary to protect the work and materials of this section before, during, and after installation and to protect the work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. 3. Store and protect materials and equipment in accordance with the manufacturer's recommendations. 4. Provide suitable box or crate electrical equipment and cover with waterproof covers to protect against dirt, moisture or accidental damage during shipment or outdoors at the job site. 5. Store all conduit on skids. Pay all service charges and utility usage costs required by the electric utility or telephone utility to facilitate construction. A. Remove debris and waste materials from within the construction areas and transport off -site, daily. B. Keep the construction area clean, free from hazard, and orderly arranged. Pay all costs of waste removal and disposal. D. Dispose of waste materials in accordance with all regulations which govern. E. Take all precautions to protect persons who enter the construction area from hazardous conditions, hazardous waste, toxic waste, or other unsafe conditions. F. Upon completion of construction, remove all debris, waste materials, unused materials, temporary constructions, vehicles, tools, fencing, etc. to Owner's satisfaction. PART 2 - PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. Unless otherwise indicated, provide only new equipment and materials. B. On all major equipment components, provide manufacturer's name, address, model number, and serial number permanently attached in a conspicuous location. 6 SECTION 16010 C. All materials furnished under these specifications shall be the standard product of manufacturer's regularly engaged in the production of such equipment and shall be the manufacturer's latest approved standard design. D. Guarantees: 2.02 STANDARDS SECTION 16010 1. The manufacturer(s) of the various equipment components shall guarantee them to be of quality construction, free from defects in materials and workmanship. 2. Guarantee for a period of one (1) year, the equipment, apparatus and parts furnished, excepting only those items that are normally consumed in service, such as lamps, etc. The Contractor shall be solely responsible for the guarantee of the unit and all components. A. Where the Underwriters' Laboratories (UL) have established standards and issued labels for a particular group, class or type of material, apparatus, appliance or device, provide the UL label on all such items in that category incorporated into the work. P. Where such items are not covered by UL standards, they shall meet or exceed the requirements of the current National Electrical Code (NEC), or if not covered there, by the applicable, published, recognized standard of the American National Standards Institute (ANSI), or of the industry and of the related engineering society. Example: National Electrical Manufacturers Association (NEMA) and Institute of Electrical and Electronics Engineers (IEEE). PART 3 - EXECUTION 3.01 WORKMANSHIP AND COMPLETION OF INSTALLATION A. For the actual fabrication, installation and testing, use only thoroughly trained and experienced workmen completely familiar with the items required and with the manufacturer's recommended methods of installation. In acceptance or rejection of the installed work, no allowance will be made for lack of skill on the part of workmen. B. Install all specialities as detailed on plans. Where details or specific installation specifications are not included herein, follow approved manufacturer's recommendations. C. Install complete, thoroughly check, correctly adjust, clean, and leave ready for operation all equipment and material connected with this project. D. Ballasts, contactors, starters, transformers and like equipment which are found to be noticeably noisier than other similar equipment on the project will be deemed defective and shall be replaced. E. Electrical service stub locations, sizes and quantities for equipment 7 F. A. B. 3.04 OPERATING MANUALS SECTION 16010 are approximate only. Contractor must verify all service locations, sizes and quantities with the equipment supplier before rough -in. Electrical Contractor shall make all final connections to all electrical equipment furnished and set in place by others. The Elec- trical Contractor shall provide and install all disconnect switches as required. 3.02 CO- OPERATION WITH OTHER CONTRACTORS Cooperate with other contractors so that the installation of the electrical materials and equipment may be properly coordinated. Where a conflict occurs with piping, etc., it shall be resolved as directed by the Engineer. Interferences between piping and other trades shall be handled by giving precedence to pipe lines requiring grade for proper operation. Where space requirements conflict, the following order of precedence shall generally be observed: 1. Structural Members 2. Soil and Drain Piping 3. Domestic Hot and Cold Water Piping 4. Natural Gas Piping 5. Electrical Conduit 3.03 SAFETY PRECAUTIONS AND PROGRAMS A. It shall be the duty and responsibility of the Contractor and all of its subcontractors to be familiar and comply with all requirements of Public Law 91- 696, 29 U.S.C. Secs. 651 et. seq., the Occupational Safety and Health Act of 1970, (OSHA) and all amendments thereto, and to enforce and comply with all of the provisions of this Act. IN ADDITION, ON PROJECTS IN WHICH TRENCH EXCAVATION WILL EXCEED A DEPTH OF FIVE FEET, THE CONTRACTOR AND ALL OF ITS SUBCONTRACTORS SHALL COMPLY WITH ALL REQUIREMENTS OF 29 C.F.R. SECS. 1926.652 AND 1926.653, OSHA SAFETY AND HEALTH STANDARDS. A. Furnish three copies of the operating_ and maintenance manuals to the Owner for the following equipment: Panelboards (including overcurrent devices), and copies of all approved submittal data. B. Fully explain the contents of operating and maintenance manuals and instruct the Owner's personnel in the correct procedure in obtaining service both during and after the guarantee period. C. Furnish lists of spare parts and area distributor for future purchases. 8 3.05 IDENTIFICATION A. Equip the following items with nameplates: 1. All motor starters and panelboards. 2. Control /power equipment in separate enclosures including relays. 3. All overcurrent devices and spares, and circuit breakers. 4. All branch circuit and power panelboards. 5. Safety disconnect switches. 6. Contactors. B. No dymo (stick on indented plastic) type label will be permitted. 3.06 TESTING In general, identify equipment as designated on the electrical drawings. D. Fabricate nameplates as follows: 1. Provide 3 ply, 1/16" laminated plastic nameplate material with white core for lettering and black background. 2. Use capital letters. 3. Unless otherwise indicated, provide minimum 3/4" high x 2" long nameplates with 1/4" letters. A. Test and record results for all power feeders for Megger Readings, including phase to phase and phase to ground as recommended by the cable manufacturer. 6. Measure service ground resistance. 3.07 CERTIFICATE OF COMPLETION A. Submit, at time of request for final inspection, a completed letter in the following format: I, (Name) of (Firm) , certify that the electrical work is complete in accordance with Contract Plans and Specifications, and authorized change orders (copies attached) and will be ready for final inspection as of (Date) . I further certify that the following specification requirements have been fulfilled: 1. Megger readings performed, six (6) copies of logs attached. 2. Ground tests performed, sir. (6) copies of method used and results attached, including service around readings. 9 SECTION 16010 3.08 DURING FINAL INSPECTION Signed: 10 SECTION 16010 3. Operating manuals completed and instructions of operating personnel performed for all systems, (Date) , (Signature, Owner's Representative) . 4. Record drawings up -to -date and ready to deliver to Engineer. 5. All other tests required by Specifications have been performed. 6. Final clean -up is completed. 7. All systems are fully operational. A. Demonstrate installation to operate satisfactorily in accordance with requirements of Contract Documents. B. Should any portion of installation fail to meet requirements of Contract Documents, repair or replace items failing to meet requirements until items can be demonstrated to comply. OLD SETTLER'S PARK SECTION 16110 -1 RACEWAYS PART 1 - GENERAL 1.01 SCOPE OF WORK Provide a complete conduit system as shown on the drawings and as hereinafter specified. 1.02 STANDARDS Conform with the latest requirements of the NEMA, the National Electrical Code, and be UL listed. PART 2 - PRODUCTS 2.01 MATERIALS A. Rigid galvanized steel. B. IMC C. PVC - schedule 40 polyvinyl chloride conduit (PVC Duct) shall be UL rated. Conduit fittings and cement shall be produced by the same manufacturer and approved for such use. D. Flexible conduit 2.02 CONDUIT SUPPORTS 1. Liquid -tight (vibration and wet areas) fabricate from continuous lengths of spirally wound galvanized steel strip interlocked with a gray polyvinyl chloride cover extruded over the core to make the conduit liquid tight, oil proof and bendable to a small radius. A. Neither perforated iron straps nor tiewires are permitted for supporting conduits. B. Support horizontal and vertical conduit runs by one -hole malleable straps, clamp -backs or other approved devices with suitable bolts. C. Support conduit from independent structural system. 2.03 FITTINGS AND HARDWARE A. Provide fittings, 1ocknuts, bushings, and hardware that are compatible with the type of conduit used. No indenter type of connectors and couplings are allowed. P. Provide screw - in type fittings for use with flexible conduit. 1 PART 3 — EXECUTION 3.01 GENERAL INSTALLATION REQUIREMENTS A. Do not drill or pierce structural steel members under any circumstances without the Engineer's specific approval. B. Do not install conduit that is crushed or deformed in any way. AtLflUN £OLLV C. Provide a nonmetallic (nylon, polypropylene, or approved equal) drag line of suitable strength in spare conduits. Tightly plug spare con- duits at both ends. D. Do not pull wire into conduit system until the conduit system is complete in all details; in the case of concealed work, until all rough plastering or masonry has been completed. 3.02 INSTALLATION ABOVE GRADE A. Minimum size raceway is 1/2 inch. B. Provide rigid galvanized steel conduit for locations exposed to severe physical damage and in damp or wet areas and where underground conduit rises exposed above grade. C. Install intermediate metallic conduit (INC) Type I may be used as an option for rigid galvanized steel conduit in areas permitted by the National Electrical Code. D. Provide liquid -tight flexible metal conduit for transformer terminations, motor terminations, and other equipment where vibration or moisture is present. Minimum length is 2 feet and maximum length is 6 feet for all flexible conduit. E. Follow manufacturer's recommendations regarding installation, termination, bending, and coupling of conduit. F. Provide pull boxes as required or as directed by the Engineer. G. Route conduits above slab parallel to and 90 degrees to structure. H. Route conduits from outlet to outlet and from outlets to cabinets, pull or junction boxes with lockouts and bushings in such manner that each system is continuous throughout. Conduit shall not contain more than the equivalent of four quarter bends (360 degrees, total), including those bends located immediately at the outlet or fitting. I. Do not suspend raceways or equipment from piping but provide indepen- dent and separate support methods. Provide toggle bolts or expansion (spider type) anchors in hollow masonry units, lead expansion bolts in solid masonry or concrete (or preferably use pre -set concrete inserts in concrete), machine screws, bolts, and wood screws on wood construc- tion. Note: Nails, of proper type and heads, may be used to anchor in wood construction in lieu of screws only where rigid support will be provided by their use. Use of power- driven studs is prohibited and is not allowed on the job. JLLIA.Urd .1,—/LAW J. Conduit in hazardous locations shall comply with Articles 500, 501, and 502 of the latest National Electrical Code. 3.03 INSTALLATION BELOW GRADE A. Provide rigid galvanized steel conduit where conduits are installed in concrete slab or passing through any concrete structure. B. Provide PVC plastic conduit where conduits are installed below grade but not in a concrete slab. C. Swab clean all conduits before cable installation. Waterproof all conduit joints after cable installation. D. Provide conduit wall seals for all conduits penetrating walls below grade and other locations shown on the Drawings. E. Where required to bend PVC ducts to satisfy indicated routing, preform ducts to allow ends of duct sections to be in a straight alignment. Accomplish preforming of ducts by utilizing proper duct heater units. F. Perform all necessary excavation and backfilling for proper installation of work. Take precautions not to excavate below depth required. Tamp backfill in 6 inch layers to original grade, moistening as required for proper compaction. All backfilling shall be free from harmful materials. In areas to be paved, compact to density to receive pavement. Where pavement is broken for the installation of conduit, repair to original condition. Provide shoring, bracing, and dewatering if necessary for installation of work. Remove from site all materials encountered which are not suitable for backfill. 6. When and if damage is caused to underground utility lines or structures, above ground utility lines or structures, or other purposeful surface conditions, either on or off the right -of -way, make immediate temporary repairs. At the first opportunity, make permanent repairs which are acceptable to the Owner. All such repairs shall be made at the contractors expense. H. Where necessary, provide barricades around open excavations to prevent endangering the public. Provide flares at night to adequately mark all excavations. I. Where conduits embedded in concrete cross expansion joints, they shall be joined together using O.Z. Gedney type AX expansion fittings and bonding jumpers. 3 OLD SETTLER'S PARK SECTION 16120 -1 WIRE AND CABLE PART 1 - GENERAL 1.01 SCOPE OF WORK Provide a complete system of conductors in raceway systems as shown on the drawings and hereinafter specified. Route all wire through an approved raceway regardless of voltage applications. 1.02 STANDARDS Provide conductors in accordance with the applicable sections of U.L. and IPCEA Standards. 1.03 SUBMITTALS A. Furnish Engineer shop submittals for each type of wire and cable. B. Provide shop submittals which includes the following information: 1. Insulation type. 2. Insulation temperature rating. 3. Manufacturer. PART 2 - PRODUCTS 2.01 MATERIALS A. Wire and Cables (600 Volts) 1. Provide copper wire and copper ground conductors. Conductors shown on plans are thusly sized. a. Minimum wire size for branch circuits shall be #12, however, #14 may be used for control circuits where specified on the drawings. b. All conductors #8 and larger shall be stranded. Provide copper conductors of annealed, 98 percent conductivity soft drawn copper. Provide stranded conductors for control circuits. 8. Insulation (600 Volts) 1. Provide all conductor insulation types rated for wet and dry locations and approved by the National Electrical Code for the particular application. Provide all wire and cable with the following (or better) insulation classes: 1 PART 3 - EXECUTION 3.01 INSTALLATION a. All feeders and branch circuits are to be type THWN. b. Insulation rated for operation at 600 volts. c. In areas where the temperature will exceed 167 degrees F, provide wire rated 105 degrees C minimum and a type approved by the local code. 2. Color code in accordance with the wiring diagrams furnished with equipment. All wiring for control systems to be installed in conjunction with mechanical and /or miscellaneous equipment. Color code by line or phase all branch circuit wiring including circuits to motors and feeders as follows: Wire No. 6 and smaller shall be factory color coded. Wire No. 4 and larger may be color coded by color taping within six inches - of exposed ends. 120/208 Volt 277/480 Volts Phase A - Black B - Red C - Blue Neutral - White Ground - Green A. Unless otherwise indicated wiring size noted on the drawings extend for the entire length of a circuit. Install wire in raceways in strict conformance with the manufacturer's recommendations. Use a U.L. approved wire - pulling lubricant. Strip insulation so as to avoid nicking of wire. B. Wire Connections and Devices SECTION 16120 Phase A - Brown 8 - Yellow C - Purple Neutral - Gray Ground - Green 1. Provide all terminating fittings, connectors, etc., of a type suitable for the specific cable. Make all fittings up tight. Make up all terminations in strict conformance with manufacturer's recommendations using special washers, nuts, etc., as required. 2. Connect No. 8 and larger wire to panels and apparatus with properly sized, solderless, or compression ILIQs or connectors. 3. Connect No. 10 and smaller wire by twisting tight and applying the installation of fixtures or devices. 4. Leave at least an 8" loops for ends at each outlet box for the installation of fixtures or devices. C. Flashover or insulation value of .joints shall equal that of the conductor. Provide connectors rated at 600 volts for general use and 1000 volts for use within fixtures. D. Group conductors into conduit as indicated on the drawings. No 3.02 TESTING grouping allowed which would require derating by the National Electrical Code. A. Prior to energizing feeders, perform insulation resistance tests at 500 Volts D.C. for 30 seconds on each cable with respect to ground and adjacement cables. Maintain the following log for feeder tests: FEEDER DESCRIPTION: TESTER'S NAME: TEST INSTRUMENT SERIAL #: TEST DATE: RESISTANCE: A -B A -C A -E B -C BIG C - S - - - - - -- - - - - - - - B. Test all circuits for proper neutral connections. C. Upon completion of all testing, prepare a detailed report of all voltage and insulation resistance measurements. Deliver report to Engineer with request for final inspection. 3 SECTION 16120 OLD SETTLER'S PARK PART 1 - GENERAL 1.01 SCOPE OF WORK B. PART 3 - EXECUTION 3.01 INSTALLATION SECTION 16130 -1 OUTLET BOXES, PULL BOXES AND JUNCTION BOXES Provide outlet boxes in accordance with the National Electrical Code at locations shown on the Drawings and hereinafter specified. PART 2 - PRODUCTS 2.01 MATERIALS A. Provide hot- dipped galvanized pressed steel boxes, mininum 1 -1/2 inches deep. Provide standard outlet boxes for junction and pull boxes of 150 cubic inches or less; cabinets with screw covers or as specifically noted for junction or pull boxes larger than 150 cubic inches. A. Set flush with wall or cei1ino finish in accordance with N.E.C., Article 370. Extension sleeves are not permitted for boxes improperly set. B. Verify location of outlets prior to rough -in. When necessary, relocate outlets to avoid interference with other work or equipment. Provide pressed steel boxes for concealed work. Provide 4 inch square boxes with 1/2 inch raised cover for exposed work in utility areas. D. Do not drill and pierce structural (prestressed) concrete members and structural steel without prior approval of the Engineer. E. Mount all boxes plumb. F. Mount boxes completely rigid without conduit or finished wall support. OLD SETTLER'S PARK PART 1 - GENERAL 1.01 SCOPE OR WORK Provide safety switches as indicated on the Drawings and specifications or as required. 1.02 STANDARDS A. Provide safety switches which are U.L. listed and comply with the latest NEMA standards. B. Provide safety switches manufactured by Westinghouse, Square D or General Electric. 1.03 SUBMITTALS A. Furnish Engineer shop submittal for safety disconnect switches. B. Provide sop submittals which include the following information: PART 2 - PRODUCTS 2.01 CONSTRUCTION 1. NEMA type. 2. Enclosure type. 3. Ampere rating. A. Provide safety switches appropriately rated for use with electrical system 600 Vac for 480 volts, 250 Vac for 208 volts and etc.... B. Provide safety switches NEMA general duty type GD, and horsepower rated for a/c motors. C. Unless otherwise indicated, provide safety switches in NEMA 1 enclosure located on the interior of building. Unless otherwise indicated, provide safety switches in NEMA 3R enclosure located on the exterior of the building or in wet locations. D. Provide quick -make and quick -break operating handle. Provide mechanisms which are an integral part of the box. E. Provide lugs U.L. listed for copper cable. SECTION 16170 -1 SAFETY DISCONNECT SWITCH PART 3 — EXECUTION 3.01 INSTALLATION A. Securely mount safety all mounting materials B. Safety switches must support system, not on SECTION 16170 switches in accordance with the N.E.G. Provide and mount safety switches vertically. be mounted on an independent and separate the equipment being served. OLD SETTLER'S PARK SECTION 16450 -1 GROUNDING SYSTEM PART 1 - GENERAL 1.01 SCOPE OF WORK Provide a complete grounding system in strict accordance with Article 250 of the National Electrical Code and as hereinafter specified and shown on the Drawings. PART 2 - PRODUCTS 2.01 MATERIALS Provide copper clad 3/4" x 10 ft. - 0" long ground rods and grounding conductors as required. PART 3 - EXECUTION 3.01 INSTALLATION A. Properly ground all service equipment conduit systems, supports, cabinets, equipment, motor frames, fixtures, etc., and the grounded circuit conductor in accordance with the latest issue of the National Electrical Code. Provide all bonding jumpers and wire, grounding bushings, clamps, etc., as required for complete grounding. Route ground conductors to provide the shortest and most direct path to the ground electrode system. Bond conduit is made of current conducting material. All ground connections shall have clean contact surfaces. Bond the service equipment to a grounding electrode as shown on the Drawings. B. Provide a grounding type bushing for all feeder conduits which originate from the main switchboard or any other panelboards, or other similar enclosures and individually bond this raceway to the enclosure's ground bus. C. Make single or dual connections to ground rods, plates, and other buried connections by the Cadweld process, and "hammer tested" to insure that a good bond has been made. D. Drive grounding electrodes as required. Where rock is encountered, grounding plates of copper, 1 /4 -in. x 24 - in. x 24 -in, may be used in lieu of grounding rods. E. Provide a grounding terminal pad in all panelboards, switchboards, and other electrical equipment to be connected to the main service entrance with a copper ground conductor. F. Directly ground to the work piece welding machines used in construction. The use of the building or equipment steel or conduits 1 3.02 TESTING SECTION 16450 of any kind as a common ground point is not allowed under any conditions. Contractor is responsible for any electrical pieces of equipment damaged by not using the welder grounding method described above. A. Following completion of installation, test system ground for continuity and test resistance to ground by "fall of potential" method and all feeders or sub— feeders with appropriate meggers, or other approved instruments and methods, to determine ground and insulation resistance values. B. Submit Iogs of values obtained, nameplate data of instruments used and instrument calibration data prior to final inspection. Instruments used are subject to approval. OLD SETTLER'S PARK SECTION 16460 -1 TRANSFORMER -DRY TYPE PART 1 - GENERAL 1.01 SCOPE OR WORK 1.02 SUBMITTALS 1.03 STANDARDS 2.01 GENERAL Provide dry type transformers as shown on the drawings and as hereinafter specified. A. The shop drawings shall contain the following information: 1. KVA 2. Voltage, primary and secondary 3. Dimensions and weight 4. Sound level 5. Mounting (wall or floor) 6. Taps (FCBN and FCAN) A. Units shall be Westinghouse, Square "D ", General Electric, or Nevi- duty, B. Underwriters' Laboratories listed, where listing applies. C. Designed to meet applicable requirements of American National Standards Institute (ANSI C89.1), National Electrical Manufacturer's Association (NEMA ST1 -4), and Underwriters' Laboratories. PART 2 - PRODUCTS A. Transformers must be constructed with grain oriented magnetic circuit steel to minimize no load losses and exciting current, and intarlaminar vibrations. B. Transformers shall be designed for continuous operations at rated KVA, twenty -four hours a day, 365 days a year, with normal life expectancy as defined in IEEE #65. C. Transformers shall have a minimum 10% continuous overload capacity at nominal voltage. D. All materials used in the transformer shall be flame retardant and shall not support combustion as defined in ASTM Standard Test Method D635. E. KVA and voltage ratings shall be as shown on the Drawings. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.02 MATERIALS (30KVA and ABOVE) SECTION 16460 A. Provide four 2 -1/2 percent taps FCBN and two 2 -1/2 percent taps FCAN on the primary side. Taps shall be brought to a terminal board accessible by removing a panel. B. Provide conventional dry type transformers suitable for outdoor service and enclosed in a sheet metal housing. Housing shall be equipped for conduit connections. C. The core -coil assembly shall be designed and mechanically braced to withstand short circuit tests as defined in NEMA TR 27 by the use of full scale testing. The coil construction and mechanical bracing members shall be such as to prevent mechanical degradation of the insulation structures during short circuit. D. Transformer case shall be of the self bracing type and shall provide drip -proof and rodent -proof characteristics. Enclosures shall be provided with lifting holes to facilitate handling and installation without removal of any of the enclosure components. E. The following tests must be given all units at the factory: i. Applied voltage test ii minute) - 600 Volt Class - 4 KV 2. Induced voltage test - 2 times normal for 7200 cycles 3. Ratio and phase relaton Certified test reports on electrically duplicated units shall be submitted with _approval drawings certifying that the following tests have been performed on the first rating of any design: No -load losses, total losses, applied voltage, induced voltage, sound level, impulse test, and temperature rise. F. Provide an insulation system classification of 150 degree 0 temperature rise above 40 degree C ambient. Provide insulating materials in accordance with NEMA ST20 -1972 standards for 220 degree C: U.L. component recognized insulation system. 6. The maximum temperature of the top of the enclosure shall not exceed 50 degree 0 above a 40 degree 0 ambient. H. Maximum sound level shall be as follows: 0 -9 KVA 40 db 51 -150 KVA 50 db 301 -500 KVA 60 db 10 -50 KVA 45 db 151 -300 KVA 55 db PART 3 - EXECUTION 3.01 INSTALLATION A. Provide 36" long (maximum) liquid -tight conduit connections to the transformers. B. Any transformer causing objectionable sound will be required to be replaced. C. Set taps under load conditions for correct voltage. D. Mount all transformers plumb and rigid. SECTION 16460 OLD SETTLER'S PARK PART 1 — GENERAL 1.01 SCOPE OF WORK Provide branch circuit panelboards as shown on the Drawings and as herein specified. 1.02 SUBMITTALS A. Furnish Engineer shop submittal for each branch circuit panelboard. B. Provide shop submittal which includes the following: 1. Cabinet a. Housing_ b. Trim c. Outline dimensions d. Available spaces e. Panelboard mounting 2. Circuit breakers a. Frame size b. Trip setting c. Class d. Interrupting rating in RMS Symmetrical amperes e. Mounting f, Voltage rating 3. Busing a. Ampere rating b. Material c. Incoming cable lug size d. Bus bracing 4. Maintenance manuals, installation manuals, renewal parts, recommended spare parts (10 copies of each). 5. Manufacturer's catalog numbers. 6. Other descriptive data as may be required. 1.03 STANDARDS A. Provide UL label. B. Comply with applicable standards of NEMA and the NEC. 1 SECTION 16471 -1 BRANCH CIRCUIT PANELBOARDS 1.04 ACCEPTABLE MANUFACTURERS A. Square "D" B. Westinghouse C. General Electric D. All equipment within panelboards shall be of the same manufacturer. PART 2 — PRODUCTS 2.01 CONSTRUCTION A. Busing 1. Provide copper busing. Provide full size insulated neutral bus bar. SECTION 16471 3. Provide bracing equal to the rated interrupting capacity of the smallest circuit breaker in the panelboard. Refer to drawings for minimum bracing. 4. Provide full height phase busing. Reduction is not allowed. 5. Make all bus and stub connections of such a size as to limit the temperature to 50 degrees C. when carrying full load current. 6. Arrange bus bar taps for sequence sharing of branch circuit devices. 7. Provide suitable lug on neutral busing_ for each outgoing feeder requiring a neutral connection. 8. Provide a grounding terminal pad for the equipment grounding system. Grounding pad shall be separate from the insulated neutral bus. Equip all spaces with busing and mounting straps for the maximum device that can be fitted into space. 10. Provide mechanical (bolt type) wire connectors. B. Labeling 1. Provide typewritten directory card mounted under a transparent protective cover, set in a metal frame on the inside of the cabinet door. Provide directory with the following information: a. Panel designation b. Point from which it is fed. c. Individual branch circuit identification (as shown on the panel schedules) load served and location. Provide manufacturer's nameplate affixed to the front of the panelboard containing the following: C. Interiors a. Manufacturer's name and address. b. Manufacturer's panelboard type designation. c. Manufacturer's identification reference. d. Voltage rating. e. Continuous current rating. f. Frequency rating. 1. Design interiors so that circuit breakers can be replaced without disturbing adjacent units and without removing the main bus connectors. 2. Design interior so that circuits may be changed without machining, drilling or tapping. 3. Arrange branch circuit using double row construction. 4. Branch circuit numbering by manufacturer. D. Enclosure 1. Make enclosure from galvanized code gauge steel having multiple knockouts unless otherwise noted. Unless otherwise noted, provide general purpose enclosures. Mounting as indicated on Drawings. 3. Provide minimum four interior mounting studs. 4. Maximum height . 30 inches. 5. Paint surface mounted boxes to match trim. E. Trim 1. Provide hinged door covering all circuit breakers. Door shall not uncover any live parts. Fronts shall not be removable with door in the locked position. Provide a flush, stainless steel cylinder type lock with catch and spring loaded door pull. Key lock alike. 2. Fabricate trims from code gauge sheet steel. 3. Trims for flush panels shall overlap box a minimum of 3/4 inch all around. Trims for surface panels shall have the same width and height as the box. 4. Fasten trims with quarter turn clamps. 5. Paint trim with manufacturer's standard gray enamel over a rust resistant phosphatixing primer. 3 2 .02 CIRCUIT BREAKERS A. Provide circuit breakers with frame size, trip settings and UL listed RMS Symmetrical ampere interrupting rating shown on the Drawings. B. Provide molded case, bolt -on type. SECTION 16471 C. Provide thermal magnetic type circuit breakers employing quick -make, quick -break mechanisms for manual operation as well as automatic operation. D. Indicate automatic tripping by the breaker handle assuming a distinctive position from manual ON and "OFF ". E. Provide multipole breakers with a common trip. Tie handles are not permitted. PART 3 - EXECUTION 3.01 INSTALLATION A. Install box, trim and interior rigid and plumb. Center interior with opening. B. Install panelboards in accordance with the instructions of the manufacturer and as shown on the Drawing. Install complete with all required electrical connections. C. Unless otherwise noted, install panelboards with the top of the trim 6 ft. 0 in above finished grade. D. Field check panelboard loading and reconnect circuits as required to provide balanced phase and line loads. E. Neatly bundle, route and support cables installed in wiring gutters of panelboards. Minimum bending radii as recommended by the wire and cable manufacturer. 4