R-90-1450 - 5/10/19901
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lter
rtgineering
P.O. Box 2141
Round Rock, Texas 78680
(512) 244 -6276
I4'50R
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EAST MAIN TO LAKE CREEK
WASTEWATER SYSTEM IMPROVEMENTS
CONTRACT DOCUMENTS AND SPECIFICATIONS
JOB NO. CE -158
Bids will be received at
The City Managers Office
221 East Main, Round Rock, Texas 78664
until 2:00 P.M., May 1, 1990
Specification No.
TABLE OF CONTENTS
TITLE SHEET
TABLE OF CONTENTS
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS
• PROPOSAL AND BIDDING SHEET
AGREEMENT
PERFORMANCE BOND
PAYMENT BOND
MAINTENANCE BOND
CERTIFICATE OF INSURANCE
INFORMATION REQUIRED OF LOW BIDDER
GENERAL CONDITIONS OF AGREEMENT
SPECIAL CONDITIONS OF AGREEMENT
RAILROAD ENTRY PERMIT
TECHNICAL SPECIFICATIONS
BASIS OF MEASUREMENT AND PAYMENT
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NOTICE TO CONTRACTORS
Sealed proposals addressed to the City Manager, City of Round
Rock, 221 East Main Street, Round Rock, Texas, 78664, for furnishing
all labor, material and equipment and performing all work required
for the construction of the EAST MAIN TO LAKE CREEK WASTEWATER
SYSTEM IMPROVEMENTS (work consists of approximately 1240 linear feet
of 10" line and approximately 130 linear feet of 8" line and
appurtenances) will be received until 2:00 P.M., May 1, 1990, then
publicly opened and read aloud in the City Council Chambers at 221
East Main, Round Rock, Texas 78664. Any bids received after the
scheduled bid opening time will be returned unopened.
Bids must be submitted on the proposal forms provided and must be
accompanied by an acceptable bid security as outlined in the Instruc-
tions to Bidders, payable to the City of Round Rock, Texas, equal to
five percent (5 %) of the total bid amount. Plans and Specifications
may be obtained at the office of the engineer, Coulter Engineering,
309 East Main Street, Round Rock, Texas, 78664, beginning April 16,
1990, for a nonrefundable deposit of twenty -five dollars ($25.00) per
set.
In case of ambiguity, duplication, or obscurity in the bids, the
City of Round Rock reserves the right to construe the meaning there-
of. The City of Round Rock further reserves the right to reject any
or all bids and waive any informalities and irregularities in the
bids received.
The successful bidder will be expected to execute the standard
contract prepared by the City of Round Rock, and to furnish perfor-
mance, payment and maintenance bonds as described in the bid docu-
ments.
Publication dates - April 15 and April 22, 1990.
PROPOSAL
INSTRUCTIONS TO BIDDERS
The proposal shall be submitted on the bidding forms which are
included herein, and shall be enclosed in a sealed envelope addressed
to:
City Manager
City of Round Rock
221 East Main
Round Rock, Texas 78664
and shall be identified as follows:
"EAST MAIN TO LAKE CREEK WASTEWATER SYSTEM IMPROVEMENTS to be opened
at 2:00 P.M., May 1, 1990."
A proposal will not be accepted unless prepared on the bidding form
provided. The sealed proposals will be publicly opened and read at
the time and place stated in the Notice To Contractors. Bidders or
their authorized agents are invited to be present. Unauthorized
conditions, limitations or provisions attached to a proposal will
render it informal and may cause its rejection. The complete proposal
forms shall be without addition, alterations or erasures. Alternative
proposals will not be considered unless called for. No oral,
telegraphic or telephonic proposals or modifications will be
considered. The proposal may be withdrawn upon request by the bidder
without prejudice to himself prior to, but not after, the time fixed
for opening of bids, provided that the request is in writing, has
been executed by the bidder or his duly authorized representative,
and is filed with the Owner.
DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership,
corporation or association under the same or different names, will
not be considered. Reasonable grounds for believing that any bidder
is interested in more than one proposal for the work contemplated
will cause the rejection of all proposals in which such bidder is
interested. If there is reason for believing that collusion exists
among bidders, all bids will be rejected and none of the participants
in such collusion will be considered in future proposals.
PROPOSAL GUARANTEE AND BOND REOUIREMENTS
All proposals shall be accompanied by a certified cashier's check
upon a national or state bank in the amount of five (5 %) percent of
the total maximum bid price payable without recourse to The City of
Round Rock, or a bid bond in the same amount from a reliable surety
company, as a guarantee that bidder will enter into a contract and
execute performance bond within ten (10) days after notice of award
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of contract to him. Provided however, if the contract price is less
than $50,000.00, the bidder shall have the option of providing a
letter of credit in lieu of a performance bond, said letter of credit
to be in a form acceptable to the City of Round Rock. The notice of
award of contract shall be given by the Owner within sixty (60) days
after the bid opening. The bid security must be enclosed in the same
envelope with the bid. Bids without check or bid bond will not be
considered. All bid securities will be returned to the respective
bidders within twenty -five (25) days after bids are opened, except
those which the Owner elects to hold until the successful bidder has
executed the contract. Thereafter all remaining securities, including
security of the successful bidder, will be returned within sixty (60)
days. The Owner reserves the right to reject any or all bid
proposals, to accept the lowest responsible bidder's proposal, and to
waive any informality in any proposal. The successful bidder must
furnish performance bond or letter of credit, if applicable, payment
bond and maintenance bond in the amount of one hundred (100 %) percent
of the contract price from an approved surety company holding a
permit from the State of Texas to act as surety (and acceptable
according to the latest list of companies holding certificates of
authority from the Secretary of the Treasury of the United States) or
other surety or sureties acceptable to the Owner, with approval prior
to bid opening.
EXECUTION OF CONTRACT
A bidder to whom award is made shall execute a written contract with
the Owner on the form of agreement provided. Failure or refusal to
enter into a contract as herein provided, or to conform to any of the
stipulated requirements in connection therewith shall be a just cause
for the annulment of the award. If the successful bidder refuses or
fails to execute the Contract, the Owner may award the Contract to
second lowest responsible bidder. If the second lowest responsible
bidder refuses or fails to execute the Contract, the Owner may award
the Contract to the third lowest responsible bidder. On the failure
or refusal of such second and third lowest responsible bidder to
execute the Contract, the work may be re- advertised.
FAILURE TO EXECUTE CONTRACT
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
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
liquidated damage.
PERFORMANCE AND PAYMENT BONDS
It is further agreed by the Parties to the Contract that the
Contractor will execute separate performance and payment bonds, each
in the sum of 100% of the total contract price in standard forms for
this purpose, guaranteeing faithful performance of the work and the
2.
fulfillment of any guarantees required and further guaranteeing
payment to all persons supplying labor and materials or furnishing
him any equipment in the execution of the Contract. If the contract
price is less than $50,000.00, a letter of credit may be furnished in
lieu of a performance bond. It is agreed that the Contract shall not
be in effect until such performance bonds or letters of credit, and
payment bonds are furnished and approved by the Owner. The cost of
the premium for the performance bonds or letters of credit, and
payment bonds shall be included in the price bid by the Contractor
for the work under this Contract, and no extra payment for such bonds
or letters of credit will be made by the Owner.
PROPOSAL SIGNATURE
If the proposal is made by an individual, it shall be signed and his
full name and his address shall be given; if it is made by a firm it
shall be signed with the co- partnership name by a member of the firm,
who shall sign his own name, and the name and address of each member
shall be given; and if it is made by a corporation the name of the
corporation shall be signed by its duly authorized officer or
officers attested by the corporate seal, and the names and titles of
all officers of the corporation shall be given.
COMPETENCY OF BIDDERS
In selecting the lowest responsible bidder, consideration will be
given not only to the financial standing, but also to the general
competency of the bidder for the performance of the work covered by
the proposal. To this end each proposal shall be supported by a
statement of the bidder's experience, on the form entitled
"Information Required of Low Bidder ", bound herein.
BIDDER'S EXAMINATION OF SITE
Each bidder shall examine carefully the site of the proposed work and
the Contract Documents therefor. It will be assumed that the bidder
has investigated and is satisfied as to the conditions to be
encountered; as to the character, quality and quantity of materials
to be furnished and as to the requirements of the Contract,
Specifications and Drawings.
ADDENDA
Bidders desiring further information, or interpretation of the Plans
or Specifications must make request for such information in writing
to Engineer, prior to 48 -hours before the bid opening. Answers to all
such requests will be given in writing to all bidders, in Addendum
form, and all Addenda will be bound with, and made a part of, the
Contract documents. No other explanation or interpretation will be
considered official or binding. Should a bidder find discrepancies
in, or omissions from the Plans, Specifications or other Contract
Documents, or should he be in doubt as to their meaning, he should at
once notify the Engineer in order that a written Addendum may be sent
to all bidders. Any Addenda issued prior to twenty -four (24) hours of
3.
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the opening of bids will be mailed or delivered to each Contractor
contemplating the submission of the proposal on this work. The
proposal as submitted by the Contractor will be so constructed as to
include any Addenda if such are issued by the Engineer prior to
twenty -four (24) hours of the opening of bids.
4.
PROPOSAL BIDDING SHEET
CONTRACT: WASTEWATER SYSTEM IMPROVEMENTS
JOB NAME: EAST MAIN TO LAKE CREEK
WASTEWATER SYSTEM IMPROVEMENTS
JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS
OWNER: CITY OF ROUND ROCK
Gentlemen:
Pursuant to the foregoing Advertisement for Bids and Instructions to
Bidders, the undersigned bidder hereby proposes to do all the work,
to furnish all necessary 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
East Main to Lake Creek Wastewater 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:
WASTEWATER SYSTEM IMPROVEMENTS
II
Bid /Pay Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
II
1 /510 -A 1,242.1 L.F. Pipe, 10" diameter
(All Depths) including
II
excavation & backfill-
per linear foot
for Twenty -Four Dollars
II
and No Cents $ 24.00 $29,810.40
2/510 -A 128.4 L.F. Pipe, 8" diameter
(All Depths) including
excavation & backfill-
per linear foot
II
for Twenty -Three Dollars
and No Cents $ 23.00 $ 2 953.20
3/506 -M 7 EA. Manholes, 4' diameter -
per each
for Nine Hundred Fifty Dollars
and No Cents $950.00 $ 6,650.00
4/506 -E 3.0 V.F. Manhole Extension,
4' diameter -
per vertical foot
for Eighty Dollars II
and No Cents $ 80.00 $ 240.00
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Bid /Pay Item Description Unit -
Item Quantity Unit and Written Unit Price Price Amount
5/501 95.0 L.F. Boring 16" Pipe -
per linear foot
for Ninety -Five Dollars
and No Cents $ 95.00 $ 9,025.00
6/510 -I 30.0 L.F. Concrete Cap. &
Encasement,
10" Diameter Pipe -
per linear foot
for Eighteen Dollars '
and No 'Cents $ 18.00 $ 540.00
7/623- 10.0 C.Y. Mortared Rock Riprap-
Modified per cubic yard
for One Hundred Sixty -Five Dollars
and No Cents $165.00 $ 1,650.00
8/509- 1,190.75 L.F. Safety Systems for
Modified Excavations & Trenches
(All depths exceeding
5 feet) -
per linear foot
for Two Dollars
and No Cents $ 2.00 $ 2,381.50
TOTAL WASTEWATER IMPROVEMENTS: $ 53,250.10•
SUBMISSION OF THE PROPOSAL
In accordance with the Contract Documents, the above Proposal is
hereby respectfully submitted by:
Kinsel Industries. Inc.
May 1. 1990
Name of Contractor Date
Address
Execute y ( 'gnature
5610 Almeda Genoa Road 713 - 991 -5575
Houston Harris
City County
(Seal'if Bid is by a Corporation)
ATTEST:
aX, 40z
/eicA/�K� �inse% T.t.
President
Title or Position
Telephone
Texas 77048
State Zip Code
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AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
IS AGREEMENT, made and entered into this V / day of
1990, A.D. by and between The City of Round Rock of
th Cit of Round Rock, the County 9f Williams n, and the State of
Texas, acting through its Mayor /27 // b abilsOf thereunto duly
authorized so to do, Party of the First Part, hereinafter termed
OWNER, and / i& 0,4s -it . /,.,c. of the City
of .- 1,,,..s -0N , County of H.sreat+5 and
State of i axra-s , Party of the Second Part,
hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements •hereinafter mentioned, to be made and performed by the
Party of the 'First Part (OWNER), and under the conditions expressed
in the bond bearing even date herewith, the Party of the Second Part
(CONTRACTOR), hereby agrees with the said Party of the First Part
(OWNER) to commence and complete the construction of certain
improvements described as follows:
EAST MAIN TO LAKE CREEK
WASTEWATER SYSTEM IMPROVEMENTS
further described as the work covered by this specification consists
of furnishing all labor, equipment, appliances, and materials, and
performing all operations in connection with the excavation,
installation of pipe lines and appurtenances, backfilling and
compaction of trenches complete in accordance with the Plans, and all
extra work in connection therewith, under the terms as stated in the
General Conditions of the Agreement and at his (or their) own proper
cost and expense to furnish all the materials, supplies, machinery,
equipment, tools, supervision, labor, insurance, and other
accessories and services necessary to complete the said construction,
in accordance with the conditions and prices stated in the Proposal
attached hereto, and in accordance with the Notice to Contractors,
General Conditions of Agreement, Special Conditions, Technical
Specifications, Plans and other drawing and printed or written
explanatory matter thereof, and the Specifications and addenda
therefor, as prepared by COULTER ENGINEERING, 309 East Main, Round
Rock, Texas 78664, herein entitled the ENGINEER, each of which had
been identified by the CONTRACTOR'S written proposal, the General
Conditions of the Agreement, and the Performance, Payment and
Maintenance Bonds hereof and collectively evidence and constitute the
entire contract.
The CONTRACTOR hereby agrees to commence work within seven (7) days
after the date written notice to do so shall have been given to him,
and to complete the same within 45 calendar days after the date of
the written notice to commence work, subject to such extensions of
time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or
prices shown in the proposal, which forms a part of this contract,
such payments to be subject to the General and Special Conditions of
the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
CITY OF ROUND ROCK
Party of the First Part
(OWNER)
By: 71419
ATTEST:
i7 /KE ROB /N50/ v, /77pyo2
(The following to be executed if the
(Corporate Seal)
,/4.5 -7 -7;e4 A,ei
Party of the Second Par£
(CONTRACTOR)
By:
/ / ;cilfze/ L.X J2✓
ATTEST:
ANNE Liu ► , e/; y / SECRET/9Ry 4/,' / /•ice
Contractor is a Corporation).
I� , certify that I am
the Secretary of the Corporation named as Contractor herein;
that ,� `icy/[„/ �. ��,r/se `� , , who signed this
Contract on behalf of the Contractor was then J l Sy/f
(official 'title) of said Corporation, that said Contract was duly
signed for and on behalf of said Corporation by authority of its
governing body, and is within the scope of its corporate powers.
Signed: e45.440`
mg", /YaLer /svh
r
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THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PERFORMANCE BOND
•
•
•
•
KNOW ALL MEN BY THESE PRESENTS, THAT KINSEL INDUSTRIES, INC.
of the City of
BOND NO. 29- 0125- 10293 -90 -2
HOUSTON
County of HARRIS , and State of TEXAS
II i ° `' FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.'
�� as pr in "aipal, and
:') au under the laws of the State of Texas to act as surety on
c.1 -bonds for principals, are held and firmly bound unto
CITY OF ROUND ROCK . + (OWNER), imithe penal sum of FIFTY - THREE
•
THOUSAND, TWO HUNDRED FIFTY AND 10 /100 Dollars ($ 53
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 3 ..r day of J V-- 1 , 1990,
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.
(EAST MAIN TO LAKE CREEK - WASTEWATER SYSTEM IMPROVEMENTS)
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 covenents, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
contract and the Plans and Specifications thereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in
accordance with the provisons of said Article to the same extent as
if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the term of the
contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of•time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this the 23 0= day of .A+r I
1990.•
KINSEL INDUSTRIES, INC.
Principal
By: 0-1i =.1
'/C clim d L. K %`ns,
Title: 1 hf
Address: 5610 Almeda -Genoa Road
Houston, Texas 77048
HOUSTOUN W00DARD 8 ASSOCIATES, INC.
dba TARPEY AND COMPANY UCtNSt #U11145D
4544 POST OAK PLACE DRIVE, #378
FIDELITY AND GUARANTY INSURANCE,
UNDERWRITERS, INC.
Surety
Algalaft-
- Janda
Title: Attorney -in -Fact
Address: 4544 Post Oak Place Dr., #378
• Houston, Texas 77027
The name and address of the Resident Agent of Surety is:
COUNTERSIGNED
DEN
TARPEY
HOUSTON, TEXAS
EWS
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THOUSAND, TWO HUNDRED FIFTY AND 10 /100
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Bond No. 29 -0125- 10293 -90 -2
KNOW ALL MEN BY THESE PRESENTS;, THAT RINSED INDUSTRIES, INC.
of the City of
HOUSTON
couhty. of HARRIS , and State of TEXAS ,
;N
'y as` pri and FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC.
,
;�authcrized under the laws of the State of Texas to act as surety on
Y . a 4 u �r
` <bonds. for principals, are held and firmly bound unto
CITY OF ROUND ROCK 1 (OWNER), in the penal `sum of FIFTY -THREE
Dollars ($ 53,250.10 )
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 3i day of JUc.y , 1990,
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.
(EAST MAIN TO LAKE CREEK - WASTEWATER SYSTEM IMPROVEMENTS)
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and `.
material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, ,that this bond is executed pursuant to the
provisions of, Article 5160 of the Revised Civil Statutes of Texas as
amended and all lsa)iil ities on this bond shall be determined in
accordance with the provisons of said Article to the same extent as
if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anywise I
affect its obligation on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this the 3, day of .I.�M , •
lr
1990.
KINSEL INDUSTRIES, INC.
Principal
By: �� By:
L. 12/12.5x
Title: /g 4°5%,1
Address: 5610 Almeda -Genoa Road
Houston, Texas 77048
NOU$T
6
FIDELITY AND GUARANTY INSURANCE '" � a
UNDERWRITERS, INC. - � ` 4'�
Surety
Lit Ltd —
? 111
V
Title: Attorney -in -Fact
Address: 4544 Post Oak Place Dr., #378
Houston, Texas 77027
The name and address of the Resident Agent of Surety is:
HOUSTOUN WOODARD & ASSOCIATES. INC.
dba TARPEY AND COMPANY UUtNbt au 11480
4544 POST OAK PLACE DRIVE, 1378
COUNTERSIGNED BY TEXAS -
• Dty
TAPPETS
HOUSTON, TEXAS
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IL
I MAINTENANCE BOND
Bond No. 29 10293 - 90 - 2
II THE STATE OF TEXAS
I COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS, that we KINSEL INDUSTRIES, INC.
F: t to
t.
O
._i c �. c ti , as Principal, and FIDELITY AND
' % y6UARANTY.INSURANCE UNDERWRITERS, INC. a Corporation duly
r% organized under the laws of the State of OHIO as Surety,
are held and firmly bound unto CITY OF ROUND'ROCK '
as Obligee, in the penal sum of F IFTY -THREE THOUSAND, TWO'HUNDRED FIFTY AND
10/100 - -- ($53,250.10) , to which payment will and truly to be made, we do
II 'A. .bind ourselves, our and each of our heirs, executors,' administrators,
I i successors and assigns jointly and severally, firmly by these
presents.
$ WHEREAS, the said Principal has constructed
EAST MAIN TO LAKE CREEK
1
WASTEWATER SYSTEM IMPROVEMENTS
WHEREAS, said Obligee requires that the Principal furnish a bond
conditioned to guarantee for the period of one year after approval by
The City of Round Rock against all defects in workmanship and
materials which become apparent during said period;
NOW, THEREFORE; THE CONDITION OF THE OBLIGATION IS SUCH, that if
said Principal shall indemnify the Obligee for all loss that the
Obligee may sustain by reason of any defective materials or
workmanship which become apparent during the period of one year from
and after date of acceptance by the Owner, then this obligation shall
be void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have signed ,
r
and sealed this instrument this .3� y day of Jt4 1
1990. 1
II
KINSEL INDUSTRIES, INC.
Principal
By:
Title: Ref
Houston, Texas 77048
i,uoa�uun mniwnu
Or ANN./11AI INI
dba TARPEY AND COMPANY LICENSE 10111460
evae ' Der % VT ^DIVE, D378
HOUSTON, TEXAS 77027
FIDELITY AND GUARANTY INSURANCE ''
UNDERWRITERS, INC.
Bv:
Title:
Attorney -in -Fact
Houston, Texas 77027
The name and address of the Resident Agent of Surety is:
COUNTERSIGNED BY TEXAS
TARPEY
HOUSTON, TEXAS
■
Address: 5610 Almeda -Genoa Ro Address: 4544 Post Oak Place Dr., #378
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FS 81 (9 -84)
KNOW ALL MEN BY THESE PRESENTS:
That FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., a corporation organized and existing
under the laws of the State of Ohio, and having its principal office at 100 Light Street, Baltimore, Maryland 21203, does
hereby constitute and appoint Rock N.Houstoun,Harlan J.Berger,Donald E.Woodard,Jr.,Richard Head,
Andrew J.Janda,Charles Stephen Crum, John F.Rougagnac ' Jr .,Sue Kohler and Virginia J. Witty
of the City of Houston , State of Texas
its true and lawful Attorney -in -Fact, with power and authority to sign its name as surety to, and to execute, seal, acknowledge
and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof; and the said
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS. INC. hereby ratifies and confirms all of the acts of said
Attorney -in -fact, pursuant to these premises.
This appointment is made under and by authority of a by -law of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., a certified copy of which is hereto annexed and made a part of this Power of Attorney.
'IN WITNESS WHEREOF, the said FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. has
'caused t,his instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice - President and Assistant
Secretary this - -13th day of October , 1989 .
t => O
FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC.
(SEAL)
(SEAL)
STATE OF MARYLAND
BALTIMORE CITY
ss:
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
NO. FG 138
(Signed) By
(Signed)
My Commission expires the first day of July, 19 90
(Signed)
William F. Spliedt
Vice- Prexdenr
L.
L. Hupfer
A„„tant Serrerary
On this 13th day of October 19 89 , before me personally came
William F. Spliedt , Vice President of FIDELITY AND GUARANTY
INSURANCE UNDERWRITERS, INC. and L. L. Hupfer , Assistant
Secretary of said Corporation, with both of whom I am personally acquainted, who being by me severally sworn, said that
they, the said William F. Splf.edt , and L. L. Hupfer
were respectively the Vice President and Assistant Secretary of the said FIDELITY AND GUARANTY INSURANCE
UNDERWRITERS, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal; that it was so
affixed by authority of the by -laws of said corporation; and that they signed their names hereto by like authority as Vice
President and Assistant Secretary, respectively, of the Corporation.
Margaret M. Hurst
NOTARY PUBLIC
R
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Copy of By -Law
"Article VI, Section 7 - Execution of Instruments.
The Chairman of the Board, the President, any Executive Vice President, any
Vice President, including the Financial Vice President, or any Assistant Vice
President, in conjunction with the Secretary or an Assistant Secretary, shall have
power on behalf of the Company:
(a) to execute, acknowledge, verify and deliver all contracts, obligations, in-
struments and documents whatsoever in connection with its business, including,
without limiting the foregoing, any and all bonds, guarantees, undertakings,
recognizances, stipulations, policies of insurance, deeds, leases, mortgages, re-
leases, satisfactions and agency agreements;
(b) to appoint one or more persons for any or all of the purposes mentioned in
the preceding paragraph (a), including affixing the seal of the Company."
i, Michael P. Hammond , an Assistant Secretary of
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., do hereby certify that the foregoing is a full, true and
correct copy of the original power of attorney given by said Company to Rock N. Houstoun,Harlan J. Berger,
Donald E. Woodward, Jr., Richard Head, Andrew J. Janda, Charles Stephen Crum,
o .#ohn F. Rougagnac, Jr. , Sue Kohler and Virginia J. Witty , authorizing and empowering them
Houston T es g p g
to sign bonds as therein set for which power of attorney has never been revoked and is still in full force and effect.
And I do further certify that said Power of Attorney was given in pursuance of a by -law of said Company, and that the
foregoing is a true and correct copy of said by -law.
In Testimony Whereof, I have hereunto set my hand and the seal of FIDELITY AND GUARANTY INSURANCE UN-
DERWRITERS, INC. this day of , 19
ssistant Secretary.
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DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
In the event the insurer is unable to fulfill its contractual obligation under this policy or contract
or application or certificate or evidence of coverage, the policyholder or certificateholder is not
protected by an insurance guaranty fund or other solvency protection arrangement.
"COMPLAINT NOTICE:" SHOULD ANY DISPUTE ARISE ABOUT YOUR PREMIUM OR
ABOUT A CLAIM THAT YOU HAVE FILED, CONTACT THE AGENT OR WRITE THE COMPANY
THAT ISSUED THE BOND. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE
THE STATE BOARD OF INSURANCE, DEPT. C, 1110 SAN JACINTO, AUSTIN, TEXAS
78786. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND
DOES NOT BECOME A PART OR CONDITION OF THIS BOND.
1 MOW,.
..-- -^ ----�-
CERTIFICATE OF INSURANCE
ISSUE DATE /DDNY)
1 !i7/1
ON ONLY AND CONFERS
DOES NOT AMEND,
BELOW
PRODUCER
1 HOUSTOLINI, WOODARD u, ASSOCIATES
4544 POST OAK PLACE DR., #378
HOUSTON, TEXAS 77027
1 (713)626-4344
CODE SUB.CODE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER
COMPANY
LETTER
A Crum 1 Forster Grouo
B USF1G
I NSURED
I`:insel Industries, Inc.
R.L. Kinsel Individual
56111 Alm£da Genoa
Houston, Texas 77048
LETTER
CO TTER MPANY
LE D
COMPANY E
LETTER
'COVERAGES ..
THIS IS TO CERTIFY THAT THE POLICIES
INDICATED, NOTWITHSTANDING ANY
CERTIFICATE MAY BE ISSUED OR
EXCLUSIONS AND CONDITIONS OF
OF INSURANCE LISTED BELOW
REQUIREMENT, TERM OR CONDITION
MAY PERTAIN, THE INSURANCE AFFORDED
SUCH POLICIES. LIMITS SHOWN MAY
POLICY NUMBER
HAVE BEEN ISSUED
OF ANY CONTRACT
BY THE POLICIES
HAVE BEEN REDUCED
POLICY EFFECTIVE
DATE (MM /DD/YY)
TO THE INSURED
OR OTHER
DESCRIBED
BY PAID CLAIMS.
POLICY EXPIRATION
DATE (MM /DD/YY)
NAMED
DOCUMENT
HEREIN
ABOVE FOR THE POLICY
WITH RESPECT TO WHICH
IS SUBJECT TO ALL THE
PERIOD
THIS
TERMS,
O TYPE OF INSURANCE
LTRI
ALL LIMITS
IN THOUSANDS
^ 000
9 - -
3
'
GENERAL LIABILITY
X COMMERCIAL
GENERAL LIABILITY
MADEnX OCCUR.
PROT
1TC930389900
12/ '1/89
12/.1/90
GENERAL AGGREGATE $'-
PRODUCT$.COMPIOPS
PERSONAL
EACH
FIRE
MEDICAL
5. ADVERTISINGINJURY
OCCURRENCE
DAMAGE (Any one
EXPENSE
E 1
1,000
AGGREGATE S - . — ���)I)a
5 I9 tl-t
5 y
1 CLAMS
OWNER'S & CONTRACTOR'S
fee) $
j
Any one person) $
5
r Yj
I DAMAGE
A
AUTOMOBILE
—
X
--7
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•OWNED AUTOS
GARAGE LIABILITY
11
12/31/89
12/31/90
COMBINED
I
BODILY
(Por
BODILY
INJRY
(Penaccident)
PROPERTY
1$
$
person)
i $
1 $
J AGGREGATE
5
8
EXCESS LIABILITY
X
OTHER THAN UMBRELLA FORM
a2'_••- 4938Ctir -2
12/31/89
12/31/90
_�
{ EACH
OCCURRENCE
3S
1 j 9 (R 10
I 8
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
2907798898
02/01/90
02/01/91
STATUTORY
$
500
(EACH ACCIDENT)
_
LIMIT)
EMPLOYEE)
$
$
r 11`.)
5 v (DISEASE— POLICY
500 (DISEASE —EACH
OTHER
DESCRIPTION OF OPERATION$ /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS
F:E: East Main to Lake Creel: We=_tewater System Improvements
1 Certificate Folder is named as Additional Insured.
CERTIFICATE HOLDER _
CANCELLATION
SHOULD
a: EXPIRATIO
MAIL
.,. LEFT,
LIABILITY
r
City of Round Rock
221 East Main
Round ROC4. y Texas 78 ,64
I
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
N DATE THEREOF, THE ISSUING COMPANY WILL X I*X ,
S — DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTH
ED REPR E N T A T I V E , A V
a/14.
/ J \ { J � {f`l1
ACORD 25 -S (3/88)
l
OACORD CORPORATION 1988
24
I Ai: Oitto.1 CERTIFICATE OF INSURANCE
-
ISSUE DATE(MM/DDNYY)
PROOUCER
HOUSTOUN. WOODARD & ASSOCIATES,
4544 POST OAK PLACE DR., SUITE 3
' HOUSTON, TEXAS 77027
1.713)626-4544
CODE SUB -CODE
07/18/90 - -
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
USFR-G
COMPANY B
LETTER
I NSURED
City of Round Rock, Texas
221 East Plain
Found Rock, Texas 78664
LETMTENYC
COMPANY D
LETTER
COMPANY E
LETTER
COVERAGES ,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
. I
O TYPE OF INSURANCE
LTR
POLICY NUMBER
r
POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS JN THOUSANDS
DATE
(MM/ MY)
DATE (MM/DD/YY)
f GENERAL LIABILITY
GENERAL AGGREGATE ( $ Slftfl
I
COMMERCIAL GENERAL LIABILITY
T
PRODUCTS - COMP /OPS AGGREGATE S
I CLAIMS MADE Y OCCUR.
PERSONAL at ADVERTISING INJURY S
OWNER'S d CONTRACTOR'S PROT.
EACH OCCURRENCE
I $ 4, 0:.40..,
FIRE DAMAGE (Any one Ike)
Y
I $
MEDICAL EXPENSE (Any one person) $
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED
SINGLE $
LIMIT
r
BODILY
INJURY $
(Per person)
BODILY
(Per INJURY tl a cIden $
GARAGE LIABILITY
PROPERTY �
DAMAGE $
EXCESS
LIABILITY
OTHER THAN UMBRELLA FORM
EACH , AGGREGATE
i OCCURRENCE
IS
j
J
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
S
(EACH ACCIDENT)
$
(DISEASE— POLICY LIMIT)
$
(DISEASE —EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS!OCATIONSNEHICLES !RESTRICTIONS /SPECIAL ITEMS
East Wain to Lake Creek Waterwaste System Improvements, Round Roc!:, Texas
- :in =_e1 Industries Inc., is the contractor
CERTIFICATE HOLDER CANCELLATION -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City O'! Round Rock, Texas EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL eafac■rdfri atISx
221 East Main MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Round Rock, Texas 78b64 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTH DRE SENTATI �{, /��°j7
< �,$� -J 4j,Nj6r CACORD
1 ACORD 25 -S (3/88) CORPORATION 1988
24
I ,AID01:11re
CERTIFICATE OF INSURANCE i ISSUE DATE WM/DD/Y1')
n 07/11/90
PRODUCER
HOUSTOUN. WOODARD £< ASSOCIATES
4544 PAST OAK : PLACE DR., #3713
HOUSTON. TEXAS 77027
(713) 626 -4544
CODE SUB•CODE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER Crum & Forster Group
COMPANY
LETTER B USF&G
INSURED
I':insel Industries. Inc.
R.L. k:insel Individual
5610 Almeda Genoa
Houston. Texas 77048
COMPANY
LETTER C
COMPANY
L D
COMPANY E
LETTER
COVERAGES .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE POLICY EXPIRATIO ALL LIMITS IN THOUSANDS
LTR DATE I DATE /DD/YY)
(MOONY)
(MM
Ef
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY 1TC930389900
12/3
12/31/90
GENERAL AGGREGATE $2.000
I^
IPRODUCTS.COMP /OPSAGGREGATE $2.000
1 CLAIMS MADEI, X I OCCUR
PERSONAL & ADVERTISING INJURY 1 . 0O0
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE .$1.000
1
FIRE DAMAGE (My one fire) I 550
MEDICAL EXPENSE (Any one person) $
LI
AUTOMOBILE LIABILITY
X ANY AUTO
1 ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
7:{ NONDWNED AUTOS
GARAGE LIABILITY
178122982200 12/31/89
COMBINED
12/31/90 LIT M
$ 1.000
BODILY
INJURY
(Per person)
BODILY
(Per
S
$
PROPERTY
DAMAGE S
A
EXCESS
X
LIABILITY
t OTHER THAN UMBRELLA FORM
523-493800-2 12/31/89
12/31/90
EACH ' AGGREGATE
OCCURRENCE
, $ $
5. 000 5. 1)00
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
2907798898 :02/01/90
STATUTORY
02/01/91
$
500 (EACH ACCIDENT) •
S
S
500 (DISEASE — POLICY LIMIT)
'"— _pin
500 (DISEASE —EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /RESTRICTIONS /SPECIAL ITEMS
RE: East (lain to Lake Creek Wastewater System Improvements
Certificate holder is named as Additional Insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Union Pacific Railroad CO. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
1416 Dodge Str ^set, Room 1100 MAIL Jt lI DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Omaha. Nebraska 68179 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABIL TY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AU T 0 ZED REP SENTATIVE
12,4.
e"
MV
ACORD 25 -S (3/88) DACORD CORPORATION 1988
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The low bidder is
Additional sheets may
(1) Name //95,°/
(
(
Address 5 .--- b /0
required to supply the following information.
be attached if necessary.
��ldCt 9 > /-e _s;
4 ? 7 / _ ..ems/ )/ i r, 2 7 /X 7 7d /f'
Phone Number
Type of firm:
( ) Individual,
INFORMATION REQUIRED OF LOW BIDDER
( ) Partnership, (V) Corporation
Corporation organized under the laws of the State of /z°feos'x£ .
List the names and addresses of all members of the firm or names
and titles of all officers of the corporation:
//, ',9 /// / /9/ ,,55J JI y
Number of years experience:
List at least three (3) projects completed as of recent date:
Contract Amount /Class of Work /Date Completed /Name and Address of
Owner
$ I O ? 3, aO r) /9,/,;7 //9/c7 h iio
$ / , X70 ,70 D A7 /77 ,l,, 9 n e /fy i) />s,d4w
$ //d nom A /f7:) r 6- 4 ,s „>
Payment of taxes, in the State of S
Yes No
/9,
If requested by the Owner, the Low 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.
GENERAL CONDITIONS OF AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
CONTENTS
Page
1. DEFINITIONS 1
2. GENERAL PROVISIONS 2
2.01 Engineer's Status and Authority 2
2.02 Right of Engineer to Modify Methods
and Equipment 3
2.03 Changes and Alterations 3
2.04 Damages 3
2.05 Losses from Natural Causes 4
2.06 Laws and Ordinances 4
2.07 Licenses, Permits, and Certificates 4
2.08 Royalties and Patents 4
2.09 Keeping of Plans and Specifications
Accessible 4
2.10 Discrepancies and Omissions 4
2.11 Contractor's Understanding 5
2.12 Extra Work 5
2.13 Payment for Extra Work 5
2.14 Assignment and Subletting 6
2.15 Subcontractors 6
2.16 Owner's Status 6
2.17 Completed Portions of Work 7
2.18 Materials 7
2.19 Receiving and Storage of Materials 7
2.20 "Or Equal" Clause 7
2.21 Completed Work 7
2.22 Materials Furnished by the Owner 7
2.23 Protection of Property 7
2.24 Shelters for Workmen and Materials 8
2.25 Sanitary Facilities 8
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 8
3.01 Labor, Equipment, Materials and
Construction Plant 8
3.02 Performance and Payment Bonds 8
3.03 Contractor's Ability to Perform 9
3.04 Superintendence and Inspection 9
3.05 Character of Employees 9
3.06 Contractor's Duty to Protect Persons
and Property 9
3.07 Safety Codes 10
3.08 Barricades 10
3.09 Minimum Wages 10
3.10 Unsuitable Work or Materials 10
3.11 No Waiver of Contractor's Obligation 11
3.12 Site Clean Up 11
3.13 Guarantee 11
4.
9.
II
OWNER'S OBLIGATIONS AND RESPONSIBILITIES 12
4.01 Lines and Grades 12
4.02 Right of Entry 12
4.03 Owner's Inspectors 12
4.04 Collateral Work 12
II
4.05 Right -of -Way 12
4.06 Adequacy of Design 12
5. SCHEDULING AND PROGRESS OF WORK 13
5.01 Order and Prosecution of the Work 13
5.02 Rate of Progress 13
5.03 Sunday, Holiday, and Night Work 13
5.04 Hindrances and Delays 13
5.05 Extensions of Time 14
5.06 Liquidated Damages for Failure to
Complete on Time 14
6. INDEMNITY 15 1
6.01 Contractor's Indemnity Provision 15
6.02 Workmen's Compensation Insurance 15
1 6.03 Comprehensive General Liability Insurance 15
6.04 Owner's Protective Insurance 16 il
6.05 Comprehensive Automobile Liability
Insurance 16
1 6.06 Insurance Certificate 16
7. TERMINATION OF CONTRACT 16
7.01 Right of Owner to Terminate 16
II
7.02 Right of Contractor to Terminate 17
7.03 Removal of Equipment 17
8. ABANDONMENT OF CONTRACT BY CONTRACTOR 17 Ir
8.01 Notification of Contractor 17
8.02 Retention of Contractor's Equipment
and Materials by Owner 17
II
8.03 Methods of Completing the Work 18
8.04 Final Acceptance 18
8.05 Disposition of Contractor's Equipment 18
Ir
MEASUREMENT AND PAYMENT 19
9.01 Character of Measurements 19
9.02 Estimated vs. Actual Quantities 19
9.03 Payment 20
9.04 Monthly Estimates and Payments 20
9.05 Certificates of Completion 20
9.06 Final Estimate and Payment 20
9.07 Notarized Affidavit 21
9.08 Release of Liability 21
9.09 Contractor's Obligation 21
9.10 Payments Withheld 21
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1. DEFINITIONS
GENERAL CONDITIONS OF THE AGREEMENT
1.01 Calendar Day. A calendar day shall be the 24 hour period from
one midnight to the next consecutive midnight.
1.02 Contract Documents. The Contract Documents shall consist of
the Notice to Contractors; Advertisement; the Instructions to
Bidders; the Proposal; the Signed Agreement; the Special
Conditions of the Agreement; the Specifications; the Plans;
the Standard Drawings; Addenda; and duly authorized Change
Orders. The Contract Documents are complementary, and what is
called for by any one shall be as binding as if called for by
all. In case of conflict between any of the Contract
Documents, priority of interpretation shall be in the
following order: Signed Agreement, Performance and Payment
bonds, Addenda, Proposal, Special Conditions of the Agreement,
Notice to Contractors, Specifications, Plans, and General
Conditions of the Agreement.
1.03 Contractor. "Contractor" shall mean the business organization
or individual named and designated in the Contract Agreement
as the "Party of the Second Part ", who has entered into this
contract for the performance of the work covered thereby, and
its, his, or their duly authorized agents and other legal
representatives.
1.04 Engineer. "Engineer" shall mean Coulter Engineering, or such
other Engineer, supervisor, or inspector who has been
designated, appointed, or otherwise employed or delegated by
the Owner for this work, or their duly authorized agents, such
agents acting within the scope of the particular duties
entrusted to them in each case.
1.05 Extra Work. The term "extra work" as used in this contract
shall be understood to mean and include all work that may be
required by the Engineer or Owner to be done by the Contractor
to accomplish any change, alteration, or addition to the work
shown on the Plans, or reasonably implied by the
Specifications, and not covered by the Contractor's Proposal,
except as provided under "Changes and Alterations ", herein.
1.06 Owner. "Owner" shall mean the City of Round Rock , named
and designated in the Agreement as the "Party of the First
Part" acting through its duly authorized officers and agents.
1.07 Plans. "Plans" shall mean and include (a) all drawings
prepared by the Owner as a basis for proposal, (b) all
supplementary drawings furnished by the Engineer as and when
required to clarify the intent and meaning of the drawings
submitted by the Owner to the Contractor, and (c) drawings
submitted by the Contractor to the Owner when and as approved
by the Engineer.
1 .
1.08 Specifications. "Specifications" shall mean (a) all written
descriptions, methods and instructions prepared by the Owner
as a basis for proposals, (b) all supplementary written
material furnished by the Engineer as and when required to
clarify the intent or meaning of all written descriptions,
methods and instructions submitted by the Owner to the
Contractor, and (c) written descriptions submitted by the
Contractor to the Owner when and as approved by the Engineer.
1.09 Subcontractor. "Subcontractor" shall mean and refer only to a
business organization or individual having a direct contract
with the Contractor for (a) performing a portion of the
Contract work, or (b) furnishing material worked to a special
design according to the Contract plans or specifications; it
does not, however, include one who merely furnishes material
not so worked.
1.10 Substantially Completed. The term "substantially completed"
shall mean that the structure or facility has been made
suitable for use is in condition to serve its intended
purpose, but still may require minor miscellaneous work and
adjustments.
1.11 Work. "Work" shall mean the work to be done and the
equipment, supplies, material, and services to.be furnished
under the Contract unless some other meaning is indicated by
the context.
1.12 Working Day. A "working day" is defined as any day not
including Sundays or any legal holidays, in which weather or
other conditions, not under the control of the Contractor,
will permit construction of the principal units of the work
for a continuous period of not less than seven (7) hours
between 7:00 a.m. and 6:00 p.m.
1.13 Written Notice. "Written notice" shall be deemed to have been
duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by certified
or registered mail to the last business address known to him
who gives the notice.
2. GENERAL PROVISIONS
2.01 Engineer's Status and Authority. It is mutually agreed by and
between the parties to this Contract that the Engineer shall
have general supervision and direction of the work included
herein. In order to prevent delays and disputes and to
discourage litigation it is further agreed by and between the
parties of this Contract that the Engineer shall in all cases
determine the amounts and quantities of the several kinds of
work which are to be paid for under the Contract; that he
shall determine all questions in relation to said work and the
construction thereof, that he shall in all cases decide every
question which may arise relative to the execution of the
2.
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Contract on the part of the Contractor; that his decisions and
findings shall be the conditions precedent to the right of the
parties hereto to arbitration or to any action on the Contract
and to the rights of the Contractor to receive any money under
this Contract; provided, however, that should the Engineer
render any decision or give any direction which in the opinion
of either party hereto is not in accordance with the meaning
and intent of this Contract, either party may file with the
Engineer within 30 days a written objection to the decision or
direction so rendered. It is the intent of this Agreement that
there shall be no delay in the execution of the work, and the
decision or directions of the Engineer as rendered shall be
promptly carried out.
2.02 Right of Engineer to Modify Methods and Equipment. If at any
time the methods or equipment used by the contractor are found
to be unsafe or inadequate to secure the quality of the work
or the rate of progress required under this Contract, the
Engineer may direct the Contractor in writing to increase
their safety or improve their character and efficiency and to
cease operations under this Contract until such direction is
complied with. No claims shall be made against the Owner for
damages caused by any delay resulting from such order.
2.03 Changes and Alterations. The Contractor agrees that the
Owner, through the Engineer, may make such changes' and
alterations as the Owner may see fit in the line, grade, form,
dimensions, plans, or materials for the work herein
contemplated or any part thereof either'before or after the
beginning of the construction without affecting the validity
of this Contract and the accompanying bonds. If such changes
or alterations diminish the quantity of the work to be done,
they shall not constitute the basis for a claim for damages or
anticipated profits on the work that may be dispensed with. If
they increase the amount of work and the increased work can
fairly be classified under the specifications, such increase
shall be paid for according to the quantity actually done and
at the unit price established for such work under this
contract; otherwise such work shall be paid for as provided
under Section 2.12 "Extra Work ". In the event the Owner shall
make such changes or alterations which will make useless any
work already done or material already furnished or used in
said work, then the Owner shall compensate the Contractor for
any materials or labor so used, for any actual loss' occasioned
by such change, and for the actual expenses incurred in
preparation for the work as originally planned.
2.04 Damages. The right of general supervision by the Owner shall
not make the Contractor an agent of the Owner, and the
liability of the Contractor for all damages to persons, firms,
and corporations arising from the Contractor's execution of
the work shall not be lessened because of such general
supervision. The Contractor is an independent contractor in
3.
regard to work under this Contract, and as such is solely
liable for all damages to any persons, firms, corporations, or
their property as a result of the prosecution of the work.
2.05 Losses from Natural Causes. All loss or damage arising out of
the nature of the work to be done or from the action of the
elements or from any unforeseen circumstances in the
prosecution of the work or from unusual obstructions or
difficulties which may be encountered in the prosecution of
the work shall be sustained and borne by the Contractor at his
own cost and expense.
2.06 Laws and Ordinances. The Contractor shall at all times
observe and comply with all Federal, State, and local laws,
ordinances, rules and regulations which in any manner affect
the Contract or the work and shall indemnify and save harmless
the owner against any claim arising from the violation of any
such laws and ordinances whether by the Contractor or his
employees or his subcontractors and their employees.
2.07 Licenses. Permits and Certificates. Except as hereinafter
stipulated, all licenses, permits, certificates, etc. required
for and in connection with the work to be performed under the
provisions of these Contract Documents shall be secured by the
Contractor at his own expense. In the event a building permit
is required such permit will be obtained by the Owner at no
cost to the Contractor.
2.08 Royalties and Patents. The Contractor shall protect and save
harmless the Owner from all and every demand for damages,
royalties, or fees on any patented invention used by him in
connection with the work done or material furnished under this
Contract; provided, however, that if any patented material,
machinery, appliance, or invention is clearly specified in
this contract, the cost of procuring the rights of use and the
legal release or indemnity shall be borne and paid by the
Owner direct unless such cost is determined and directed to be
included in the bid price at the time the Proposal is
submitted.
2.09 Keeping of Plans and Specifications Accessible. The Engineer
shall furnish the Contractor with three (3) sets of executed
Plans and Specifications without expense to him, and the
Contractor shall keep one copy of the same constantly
accessible on the work, with the latest revisions noted
thereon.
2.10 Discrepancies and Omissions. It is further agreed that it is
the intent of this Contract that all work must be done and all
material must be furnished in accordance with the generally
accepted practice, and in the event of any discrepancies
between the separate contract documents, the priority of
interpretation defined under "Contract Documents" shall
govern. In the event that there is still any doubt as to the
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meaning and intent of any portion of the Contract,
Specifications or Drawings, the Engineer shall define which is
intended to apply to the work.
i 2.11 Contractor's Understanding. It is understood and agreed that
the Contractor has, by careful examination, satisfied himself
11 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
II
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
I/ officer, agent, or employee of the Owner, either before or
after the execution of this Contract, shall affect or modify
any of the terms or obligations herein contained.
I 2.12 Extra Work. The term "extra work" as used in this Contract
shall be understood to mean and include all work that may be
required by the Owner through the Engineer to be done by the
II Contractor to accomplish any change, alteration, or addition
to the work shown by the Plans or reasonably implied by the
Specifications and not covered by the Contractor's Proposal,
except as provided in Section 2.03 - "Changes and
Alterations ".
It is agreed that the Contractor shall perform all
II extra work under the direction of the Engineer when presented
with a written Change Order signed by the Engineer.
No claim for extra work of any kind will be allowed
unless ordered in writing by the Engineer. In case any orders
or instructions, either oral or written, appear to the
1 Contractor to involve extra work for which he should receive
compensation, he shall make a written request to the Engineer
for a written Change Order authorizing such extra work. Should
a difference of opinion arise as to what does or does not
11 constitute extra work or concerning the payment therefor and
the Engineer insists upon its performance, the Contractor
shall proceed with the work after making a written request for
I a written Change Order and shall keep an accurate account of
the "actual field cost" thereof as provided under Method "C"
below.
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2.13 Payment for Extra Work. It is agreed that the compensation to
be paid the Contractor for performing extra work shall be
determined by one or more of the following methods:
Method "A" - By agreed unit prices;
Method "B" - By agreed lump sum; or
Method "C" - If neither Method "A" or Method "B" can be agreed
upon before the extra work is commenced', then the Contractor
shall be paid the "actual field cost" of the work plus 15 %.
5.
Where extra work is performed under Method "C ", the term
"actual field cost" of such extra work is hereby defined to be
and shall include: (a) the payroll cost for all workmen, such
as foremen, mechanics, craftsmen, and laborers; (b) the cost
of all materials and supplies not furnished by the Owner; (c)
rental for all power- driven equipment at agreed -upon rates for
the time actually employed or used in the performance of the
extra work; (d) transportation charges necessarily incurred in
connection with any equipment authorized by the Engineer for
use on said extra work and which is not already on the job;
(e) all power, fuel, lubricants, water, and similar operating
expenses; (f) all incidental expenses incurred as a direct
result of such extra work including sale or use taxes on
materials, payroll taxes, and the additional premiums for
construction bonds, workmen's compensation, public liability
and property damage, and other insurance required by the
Contract where the premiums therefor are based on payroll and
material costs. The Engineer may direct the form in which
accounts of the "actual field costs" shall be kept and may
also specify in writing before the work commences the method
of doing the work and type and kind of machinery and equipment
to be used; otherwise these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the
use of machinery and equipment shall be incorporated in the
written extra work Change Order. The 15% of the "actual field
cost" to be paid the Contractor shall cover and compensate him
for his profit, overhead, and general superintendence.
2.14 Assignment and Subletting. The Contractor shall not assign or
sublet the work or any part thereof without the previous
written consent of the Owner, nor shall he assign, by power of
attorney or otherwise, any of the money payable under this
Contract unless by and with the consent of the Owner to be
signified in like manner. If the Contractor assigns all or any
part of any monies due or to become due under this Contract,
the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the right
of the assignee in and to any monies due or to become due to
the Contractor shall be subject to all prior liens of all
persons, firms, and corporations for services rendered or
materials supplied for the performance of the work called for
in this Contract.
2.15 Subcontractors. The Contractor shall be as fully responsible
to the Owner for the acts and omissions of his subcontractors
and of persons either directly or indirectly employed by them
as he is for the acts and omissions of persons directly
employed by him. Should any subcontractor fail to perform the
work undertaken by him in a satisfactory manner, his
subcontract shall be immediately terminated by the Contractor
upon written notice from the Owner.
2.16 Owner's Status. Nothing contained in this Contract shall
create any contractual relation between any subcontractor and
the Owner.
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1/ 2.17 Completed Portions of Work. The Owner shall have the right to
take possession of and to use any completed or partially
completed portions of the work prior to completion of the
II entire work, but such use shall not constitute an acceptance
of any of the work not completed in accordance with the
Contract Documents. If the Engineer determines that taking
11 possession of and using partially completed work substantially
increases the cost of or delays construction, the Contractor
shall be entitled to extra compensation or extension of time
or both as determined by the Engineer.
II 2.18 Materials. All materials furnished by the Contractor shall be
as required by the Plans and Specifications or as otherwise
1/ materials which he is to furnish until the Engineer has
stipulated. The Contractor shall not start delivery of
approved the source of supply of such materials.
I 2.19 Receiving and Storage of Materials. The contractor shall make
arrangements for receiving and storing materials. The Owner
will not sign for or receive shipments of materials consigned
II to the Contractor. The Owner will not furnish storage space
for materials except where the written permission of the
Engineer is given.
11 2.20 "Or Equal" Clause. Whenever a material, product, or article
is specified or shown on the plans by using the name of the
proprietary product or of a particular manufacturer or vendor
I and is followed by the term "or equal" the Contractor may
submit a written request to the Engineer requesting approval
of the use of a material, product, or article he feels is
11 truly equal to the one specified. The Engineer will evaluate
the request to determine if the material, product, or article
is of equal substance and function and if it will perform
identically the duties imposed by the general design. Written
II approval of an "or equal" material, product, or article must
be obtained from the Engineer before it may be incorporated
into the work as a substitute for that specified in the
1 Contract Documents.
2.21 Completed Work. The Contractor shall maintain continuous
adequate safeguards to protect all completed work from damage,
loss, or the intrusion of foreign elements.
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2.22 Materials Furnished by the Owner. The Contractor shall assume
responsibility for and safeguard any and all materials
supplied by the Owner against loss or injury. The provision
shall extend to the taking of all necessary sanitary
precautions to avoid contamination of such materials that must
be maintained and incorporated into the work in a sanitary
condition.
2.23 Protection of Property. The Contractor shall give reasonable
notice to the owner or owners of public or private property
and utilities when such property is liable to injury or damage
7.
through the performance of the work, and he shall make all
necessary arrangements with such owner or owners relative to
the removal and replacement or protection of such property or
utilities.
The Contractor shall satisfactorily shore, support, and
protect any and all structures, and all pipes, sewers, drains,
conduits, and other facilities belonging to the Owner, and he
shall be responsible for any damage resulting thereto. The
Contractor shall not be entitled to any damages or extra pay
as a result of any postponement, interference, or delay caused
by any such structures and facilities being on the line of the
work whether they are shown on the Plans or not.
2.24 Shelters for Workmen and Materials. The building or
structures for housing men or the erection of tents or other
forms of protection for workmen or materials will be permitted
only as the Engineer shall authorize or direct. The sanitary
conditions of the grounds in or about such structures shall at
all times be maintained in a manner satisfactory to the
Engineer.
2.25 Sanitary Facilities. Necessary sanitary toilet facilities for
the use of all employees on the work shall be of a type
complying with State and local sanitary regulations and shall
be properly secluded from public observation. These facilities
shall be constructed and maintained by the Contractor in such
manner and at such points as shall be approved by the
Engineer. Their use shall be strictly enforced.
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES
3.01 Labor, Equipment. Materials and Construction Plant. The
Contractor shall provide all labor, tools, equipment,
machinery, supplies and materials necessary for the
prosecution and completion of this Contract where it is not
specifically provided that the Owner shall furnish them. The
Owner shall not be held responsible for the care,
preservation, conservation, or protection of any material,
tools, or machinery on any part of the work until it is
finally completed and accepted. The Contractor shall maintain
on the job at all times sufficient labor, material, and
equipment to adequately prosecute the work.
3.02 Performance and Payment Bonds. It is further agreed by the
Parties to the Contract that the Contractor will execute
separate performance and payment bonds, each in the sum of
100% of the total Contract price in standard forms for this
purpose, guaranteeing faithful performance of the work and the
fulfillment of any guarantees required and further
guaranteeing payment to all persons supplying labor and
materials or furnishing him any equipment in the execution of
the Contract. It is agreed that the Contract shall not be in
effect until such performance and payment bonds are furnished
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and approved by the Owner. The cost of the premium for the
performance and payment bonds shall be included in the price
bid by the contractor for the work under this Contract, and no
extra payment for such bonds will be made by the Owner.
The surety company or companies underwriting the performance
and payment bonds shall be acceptable according to the latest
list of companies holding certificates of authority from the
Secretary of the Treasury of the United States, shall be duly
authorized to act under the laws of the State of Texas as
II Surety, and shall be approved by the Owner.
3.03 Contractor's Ability to Perform. Upon request by the Owner
, the Contractor shall furnish sufficient evidence of his
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ability to perform the work which is outlined in this
document. This shall include an equipment inventory and
records showing the satisfactory completion of projects of
I
equal magnitude in the past. It shall be the prerogative of
the Owner to terminate the Contract as outlined in Section 7
"Termination of Contract ", if job progress indicates that the
II Contractor lacks either appropriate experience or ability.
3.04 Superintendence and Inspection. The Contractor shall give
personal attention to the faithful prosecution and completion
of the Contract and shall keep a competent superintendent and
any necessary assistants, all of whom are satisfactory to the
'Engineer, on the work continuously during its progress. The
II superintendent shall represent the Contractor in his absence,
and all directions given to him by the Owner's representative
shall be as binding as if given to the Contractor.
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In the event that the Contractor and the superintendent are
both absent from the site of the work for prolonged periods of
time the Engineer may order any or all work under this
Contract to be stopped until the Contractor provides
continuous and proper supervision of the work. Such stoppage
shall not constitute a basis for any claim against the Owner
for damages caused by delay for such work stoppages.
3.05 Character of Employees. The Contractor agrees to employ only
orderly, competent, and skillful persons to do the work, and
whenever the Engineer shall inform him that the work being
accomplished is of sub - standard character by reason of
carelessness, incompetence, or inexperience on the part of the
workers the installation of such work shall be immediately
suspended and shall not be resumed until the Engineer is
satisfied that the conditions causing such faulty work have
been corrected.
Contractor's Duty to Protect Persons and Property. In the
performance of this Contract, the Contractor shall protect the
public and the Owner fully by taking reasonable precaution to
safeguard persons from death or bodily injury and to safeguard
property of any nature whatsoever from damage. where any
9
dangerous condition or nuisance exists in and around
construction sites, equipment and supply storage areas, and
other areas in anyway connected with the performance of this
Contract, the Contractor shall not create excavations,
obstructions, or any dangerous condition or nuisance of any
nature whatsoever in conneciton with the performance of this
contract unless necessary to its performance, and in that
event the Contractor shall provide and maintain at all times
reasonable means of warning of any danger or nuisance created.
The duties of the Contractor in this paragraph shall be
nondelegable, and the Contractor's compliance with the
specific recommendations and requirements of the Owner as to
the means of warning shall not excuse the Contractor from the
faithful performance of these duties should such
recommendations and requirements not be adequate or reasonable
under the circumstances.
3.07 Safety Codes. The Contractor shall comply with all applicable
provisions of any Federal, State, and Municipal safety laws
and building and construction codes. All machinery, equipment,
and other physical hazards shall be guarded in accordance with
the latest edition of the "Manual of Accident Prevention in
Construction" of the Associated General Contractors of America
except where incompatible with Federal, State, or Municipal
laws or regulations.
3.08 Barricades. When barricades are used to satisfy safety
requirements, such barricades shall be properly identified
with the Contractor's name prominently stenciled on both sides
of the barricades with letters at least 2 inches high.
3.09 Minimum Wastes. All employees directly employed on the work
shall be paid not less than the established prevailing wage
scale for work of a similar character in this locality. A
scale of prevailing wages is included in the Special
Conditions of these Contract Documents. The Contractor shall
pay not less than the general prevailing wages shown on said
scale and shall keep accurate wage records accessible in
accordance with Article 5159 of the Revised Civil Statutes of
Texas.
3.10 Unsuitable Work or Materials. It is understood and agreed
that if the work or any part thereof or any material furnished
by the Contractor for use in the work or selected for the same
shall be deemed by the Engineer as unsuitable or not in
conformity with the specifications, the Contractor shall,
after receipt of written notice thereof from the contracting
Officer, forthwith remove such material and replace, rebuild,
or otherwise remedy such work so that it shall be in full
accordance with this Contract.
Should the Contractor fail to initiate compliance with the
above provision within 72 hours or should he fail to properly
prosecute and complete correction of such faulty work, the
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Engineer may direct that the work be done by others and that
the cost of the work be deducted from monies due the
Contractor.
3.11 No Waiver of Contractor's Obligations. The Engineer,
supervisor, or inspector shall have no power to waive the
obligations of this Contract for the furnishing by the
contractor of good material and of his performing good work as
herein described and in full accordance with the plans and
specifications. No failure or omission of the Engineer,
supervisor, or inspector to condemn any defective work or
material shall release the Contractor from the obligation to
at once tear out, remove, and properly replace the same at any
time prior to final acceptance upon the discovery of said
defective work or material; provided, however that the
Engineer, supervisor, or inspector shall upon request of the
Contractor inspect and accept or reject any material
furnished, and once the material has been accepted by the
Engineeer, supervisor, or inspector such acceptance shall be
binding on the Owner unless it can be clearly shown that such
material furnished was not as represented and does not meet
with the specifications for the work. Any questioned work may
be ordered taken up or removed for re- examination by the
Engineer prior to final acceptance, and if found not in
accordance with the specifications for said work, all expense
of removing, re- examination, and replacement shall be borne by
the Contractor; otherwise the expense thus incurred shall be
allowed as "Extra Work" and shall be paid for by the Owner.
3.12 Site Clean Up. The Contractor shall not allow the site of the
work to become littered with trash and waste material, but
shall maintain the site in a neat and orderly condition
throughout the construction period. The Engineer shall have
the right to determine what is waste material or rubbish and
the manner and place of disposal. On or before the completion
of the work the Contractor shall, without charge therefor,
carefully clean out all pits, pipes, chambers, or conduits,
shall tear down and remove all temporary structures built by
him, shall remove all rubbish of every kind from the tracts or
grounds which he has occupied, and shall leave them in a
condition satisfactory to the Engineer.
3.13 Guarantee. During a period of 12 months from and after the
date of the final acceptance by the Owner of the work embraced
by this Contract, the Contractor shall make all needed repairs
arising out of defective workmanship or materials, or both,
which in the judgement of the Owner shall become necessary
during such period. If within 10 days after the mailing of a
notice in writing to the Contractor or his agent the said
Contractor shall neglect to make or to undertake with due
diligence the aforesaid repairs, the Owner is hereby
authorized to make such repairs at the Contractor's expense;
provided, however, that in case of an emergency where, in the
judgment of the Owner, delay would cause serious loss or
damage, repairs may be made without notice being sent to the
Contractor, and the Contractor shall pay the cost thereof.
11.
4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES
4.01 Lines and Grades. All necessary lines and grades shall be
furnished by the Engineer. Whenever necessary, work shall be
suspended to permit performance of this work, but such
suspension will be as brief as practicable, and the Contractor
shall be allowed no extra compensation therefor. The
Contractor shall give the Engineer ample notice of the time
and place where lines and grades will be needed. All stakes,
marks, etc. shall be carefully preserved by the Contractor,
and in case of careless destruction or removal by him or his
employees such stakes, marks, etc. shall be replaced by the
Engineer at the Contractor's expense.
4.02 Right of Entry. The Owner reserves the right for its
personnel or its agents to enter the property or location on
which the work herein contracted is being constructed or
installed for the purpose of supervising and inspecting the
work or for the purpose of constructing or installing such
collateral work as the Owner may desire.
4.03 Owner's Inspectors. It is agreed by the Contractor that the
Owner shall appoint such Engineer, supervisors, or inspectors
as the said Owner may deem necessary to inspect the material
furnished and the work done under this Contract, to see that
the said material is furnished, and to see that said work is
done in accordance with the plans and specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the Engineer, supervisors, or
inspectors for the proper inspection and examination of the
work and all parts thereof. The Contractor shall regard and
comply with the directions and instructions of the Engineer,
supervisors, or inspectors so appointed when such directions
and instructions are consistent with the obligations of this
Contract.
4.04 Collateral Work. The Owner reserves the right to provide all
labor and material essential to the completion of work that is
not included in this Contract either by a separate contract or
otherwise. Any collateral work shall be prosecuted in such a
manner that it will not damage the Contractor nor delay the
progress of the work being accomplished under this Contract.
The respective rights of and operations of the various
interests involved shall be established and coordinated by the
Engineer.
4.05 Right -of -Way. Easements across private property and lands
needed for construction under this contract will be provided
by the Owner.
4.06 Adequacy of Design. It is agreed that the Owner shall be
responsible for the adequacy of the design, sufficiency of the
Contract Documents, the safety of the structure and
practicability of the operations of the completed project;
provided the Contractor has complied with the requirements of
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the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in
writing by the Owner. The burden of proof of such compliance
shall be upon the Contractor to show that he has complied with
the said requirements of the Contract Documents, approved
modifications thereof and all approved additions and
alterations thereto.
5. SCHEDULING AND PROGRESS OF WORK
5.01 Order and Prosecution of the Work. It is the meaning and
intent of this Contract, unless otherwise herein specifically
provided, that the Contractor shall be allowed to prosecute
his work at such times and seasons in such order of precedence
and in such manner as shall be most conducive to economy of
construction; provided however, that the order and time of
prosecution shall be such that the work shall be completed as
a whole or in part in accordance with this Contract within the
time of completion herein designated; provided also that the
Engineer may direct the time and manner of constructing any
part or parts of the work when in his opinion such should be
given priority to lessen the probability of danger to the
public or to anticipate seasonal hazards from the elements or
to coordinate with other work being done for or by the Owner.
5.02. Rate of Progress. The contractor shall give the Engineer full
information in advance as to his plans for carrying on any
part of the work. If at any time prior to the start or during
the progress of the work any part of the Contractor's plant or
equipment or any of his methods of executing the work appear
to the Engineer to be unsafe, inefficient, or inadequate to
insure the required quality or rate of progress of the work,
the Engineer may order the contractor to increase or improve
his facilities or methods, and the Contractor shall promptly
comply with such orders; failure to comply will result in
placing Contractor in abandonment per Section 8 "Abandonment
of Contract by Contractor "; but neither compliance with such
orders nor failure of the Engineer to issue such orders shall
release the Contractor from his obligation to secure the
degree of safety, the quality of work, and the rate of
progress required by this Contractor. The Contractor alone
shall be responsible for the safety, adequacy, and efficiency
of his plant, equipment, and methods.
5.03 Sunday. Holiday, and Night Work. Except in connection with
the care, maintenance, or protection of equipment or of work
already done, no work shall be done between the hours of 6:00
p.m. and 7:00 a.m. or on Sundays or legal holidays without
written consent of the Engineer.
5.04 Hindrances and Delays. No claims shall be made by the
Contractor for damages, hindrances, or delays from any cause
during the progress of any portion of the work embraced by
13.
this Contract except where the work is stopped by order of the
Owner. If the Owner stops the work for just cause because the
Contractor is not complying with the plans and specifications
or the intent thereof, the Contractor shall have no claim for
damages, hindrances, or delays. However, if the Owner stops
the work for any other reason, the Contractor shall be
entitled to reimbursement paid by the Owner for such expenses
actually incurred which in the judgement of the Engineer
occurred as a result of the work stoppage.
Should delays repeatedly occur due to the Contractor's failure
to provide adequate plant, equipment, or personnel, or where
the Engineer determines that unreasonable inconvenience to the
public is due to such failure, the Contractor's operations
shall be suspended until he shall have provided adequate
plant, equipment, and personnel to properly resume and
continually prosecute the work.
5.05 Extensions of Time. Should the Contractor be delayed in the
final completion of the work by any act or neglect of the
Owner or Engineer, or of any employee of either, or by any
other contractor employed by the Owner, or by strikes, fire or
other cause or causes outside of and beyond the control of the
Contractor and which the Engineer determines could have been
neither anticipated nor avoided, then an extension of time
sufficient to compensate for the delay as determined by the
Engineer shall be granted by the Owner; provided, however,
that the Contractor shall give the Owner prompt notice in
writing of the cause of delay in each case. Extensions of time
will not be granted for delays caused by unfavorable weather,
unsuitable ground conditions or inadequate construction force.
5.06 Liquidated Damages for Failure to Complete on Time. The
Contractor agrees that time is of the essence of this Contract
and that the definite value of damages which would result from
delay would be incapable of ascertainment and uncertain, so
that for each day of delay beyond the number of days herein
agreed upon for the completion of the work herein specified
and contracted for, after due allowance for such extension of
time as is provided for under the provisions of the preceding
paragraph, the Owner may withhold permanently from the
Contractor's total compensation, not as a penalty but as
liquidated damages, the sum per day given in the following
schedule:
Amount of Contract
Less than $ 5,000.00
$ 5,000.00 to $ 15,000.00
$ 15,000.01 to $ 25,000.00
$ 25,000.01 to $ 50,000.00
$ 50,000.01 to $ 100,000.00
$ 100,000.01 to $ 500,000.00
$ 500,000.01 to $1,000,000.00
$1,000,000.01 to $2,000,000.00
$2,000,000.01 to $5,000,000.00
14.
Amount of Liquidated
Damages Per Day
$ 30.00
$ 35.00
$ 40.00
$ 50.00
$ 70.00
$200.00
$300.00
$400.00
$500.00
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6. INDEMNITY
6.01 Contractor's Indemnity Provision. To protect the-Owner from
the Contractor's failure to perform any of the foregoing
duties or any of the terms of this Contract, the Contractor
shall indemnify and save harmless the Owner and the Owner's
agents and employees from all losses, damages, judgements,
decrees, and expenses or costs of any nature whatsoever
arising out of or in anyway connected with any claims or
actions at law or in equity brought against the Owner and the
Owner's agents and employees for the death or injury to
persons or for damage to property caused, or allegedly caused,
by any willful acts, negligence, nuisance, or breach of any
term or condition of this Contract by the contractor, his
agents, servants, subcontractors, or employees. The Contractor
shall furthermore indemnify and save harmless the Owner and
the Owner's agents and employees from all demands of
subcontractors, workers, material persons, or suppliers of
machinery and parts thereof, equipment, power tools, and
supplies incurred in connection with work to be performed
under this Contract. Property of any description, including
property of the Owner, which shall be damaged in the
performance of this Contract by the Contractor, his agents,
employees, subcontractors or thei employees and
subcontractors shall be restored to its condition prior to
damage by the Contractor at'the Contractor's expense.
6.02 Workmen's Compensation Insurance. The Contractor agrees to
comply with the Workmen's Compensation Act of the State of
Texas, and to pay or cause to be paid all compensation,
medical or other benefits, which may become due or payable
thereunder, and to protect and indemnify the Owner and the
owner's agents and employees from and against any and all
liabilities by reason of accidental injury, disease or death
sustained by subcontractor's employees. The Contractor shall
furnish the Owner with a certificate from the Industrial
Accident Board evidencing the Contractor's and subcontractor's
compliance with said statute.
6.03 Comprehensive General Liability Insurance. The Contractor
shall provide and maintain during the life of this Contract
and until all work under said Contract has been completed and
accepted by the Owner, a comprehensive General Liability
insurance policy, said policy and the issuing carrier approved
by the Owner, which specifically insures the contractual
liability of the Contractor assumed under Paragraph 6.01 above
entitled "Contractor's Indemnity Provision ". The liability
coverage under this policy shall cover Independent
Contractors. Liability limits for the Comprehensive General
Liability insurance coverage under this policy shall not be
less than the following:
15.
Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $ 25,000 each accident
$ 50,000 aggregate
6.04 Owner's Protective Insurance. The Contractor shall provide
and maintain during the life of this Contract and until all
work under said contract has been completed and accepted by
the Owner, an Owner's and Contractor's Protective Policy which
co- insures the Owner and Owner's agents and employees with the
same Comprehensive General Liability coverage as described in
6.03 above entitled "Comprehensive General Liability
Insurance ".
6.05 Comprehensive Automobile Liability Insurance. The Contractor
shall provide and maintain during the life of this Contract
and until all work under said Contract has been completed and
accepted by the Owner, a Comprehensive Automobile Liability
insurance policy, said policy and issuing carrier approved by
the Owner, covering the operation on or off the site of the
work of all motor vehicles licensed for highway use, whether
they are owned, non - owned, or hired by the Contractor, in
which shall specifically insure contractual liability of the
Contractor assumed under the above Paragraph 6.01 entitled
"Contractor's Indemnity provision ". The liability limits for
the comprehensive Automobile Liability insurance coverage
shall not be less than the following:
Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $ 50,000 accident
6.06 Insurance Certificate. In connection with the insurance
coverage set out in sections 6.02, 6.03, 6.04 and 6.05 above,
the Contractor shall furnish the Owner with a certificate
verifying said insurance. Said certificate shall state that
the Owner shall be given 10 days advance written notice before
any provisions of the policies are changed or in the event
said policies shall be cancelled. This Certificate of
Insurance shall be provided to the Owner prior to starting any
construction work in connection with this Contract.
7. TERMINATION OF CONTRACT
7.01 Right of Owner to Terminate. If the Contractor should be
guilty of substantial violation of the Contract or any
provision thereof, the Owner, upon certification by the
Engineer as to the nature and extent of such violation, may
without prejudice to any other resources or remedy give the
Contractor written notice of termination of the employment of
the Contractor 10 days subsequent to such notice. Immediately
following such date the Owner may take possession of the site
of the work and all material, equipment, tools, and appliances
16.
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thereon and may finish the work in accordance with the
provisions of Section 8 "Abandonment of Contract by
Contractor ", of these General Conditions.
7.02 Right of Contractor to Terminate. If work should be stopped
by order of any public authority or court through no act or
fault of the Contractor for a period of three (3) months or if
the Owner should substantially fail to perform the provisions
of the Contract with regard to Owner's obligations to the
Contractor, then the Contractor may, upon ten (10) days
written notice to the Owner, terminate this Contract and
recover from the Owner payment for all completed work.
7.03 Removal of Equipment. In the event that the Contract should
be terminated for any reason whatsoever, the Owner may request
the Contractor in writing to remove any or all of his
equipment, tools, and supplies, and the Contractor shall
comply with the request within ten (10) days after receipt of
the notice. Should he fail to do so within ten (10) days after
receipt of such notice, the Owner shall have the right to
remove such equipment and supplies at the expense of the
Contractor and to place such equipment, tools and supplies in
storage at the risk and expense of the Contractor.
8.
ABANDONMENT OF CONTRACT BY CONTRACTOR
8.01 Notification of Contractor. If the Contractor should abandon
and fail or refuse to resume work within ten (10) days after
written notification from the Owner or the Engineer or if the
Contractor fails to comply with the orders of the Engineer
when such orders are consistent with this Contract or with the
specifications hereto attached, then the Contractor shall be
deemed as having abandoned the Contract. In such event the
Surety on the bond shall be notified in writing and directed
to complete the work, and a copy of said notice shall be
delivered to the Contractor.
8.02 Retention of Contractor's Equipment and Materials by Owner.
After receiving said notice of abandonment the Contractor
shall not remove from the work any machinery, equipment,
tools, materials, or supplies then on the job, but the same
together with any materials and equipment under contract for
the work may be held for use on the work by the Owner or the
Surety on the performance bond or another contractor in
completion of the work; and the Contractor shall not receive
any rental or credit therefor except when used in connection
with extra work where credit shall be allowed as provided for
under Section 2.12 entitled "Extra Work ", it being understood
that the use of such equipment and materials will ultimately
reduce the cost to complete the work and will be reflected in
the final settlement.
17.
8.03 Methods of Completing the Work. If the Surety should fail to
commence within ten (10) days after service of such notice,
then the Owner may provide for completion of the work in
either of the following elective manners:
a. The Owner may thereupon employ such force of workers and
use such machinery, equipment, tools, materials, and
supplies as said Owner may deem necessary to complete the
work and charge the expense of such labor, machinery,
equipment, tools, materials, and supplies to said
Contractor, and the expense so charged shall be deducted
and paid by the Owner out of such monies as may be due or
that may thereafter at any time become due to the
Contractor under and by virtue of this Contract. In case
such expense is less than the sum which would have been
payable under this Contract if the same had been completed
by the Contractor, then said Contractor shall receive the
difference. In case such expense is greater than the sum
which would have been payable under this Contract if the
same had been completed by said Contractor, then the
Contractor or his Surety shall pay the amount of such
excess to the Owner.
b. The Owner under sealed bids, after fourteen (14) days
notice published two or more times in a newspaper having a
general circulation in the county of location of the work,
may let the contract for the completion of the work under
substantially the same terms and conditions which are
provided in this Contract. In case of any increase in cost'
to the Owner under the new contract as compared to what
would have been the cost under this Contract such increase
shall be charged to the Contractor, and the Surety shall
be and remain bound therefor. However, should the cost to
complete any such new contract prove to be less than what
would have been the cost to complete under this Contract,
the Contractor or his Surety shall be credited therewith.
8.04 Final Acceptance. When the work has been completed, the
Contractor and his Surety shall be so notified and a Contract
Completion Certificate as hereinafter provided shall be
issued. A complete itemized statement of the Contract accounts
certified by the Engineer as being correct shall then be
prepared and delivered to the Contractor and his Surety,
whereupon the Contractor, his Surety or the Owner, as the case
may be, shall pay the balance due as reflected by said
statement within fifteen (15) days after the date of such
Contract Completion Certificate.
8.05 Disposition of Contractor's Equipment. In the event the
statement of accounts shows that the cost to complete the work
is less than that which would have been the cost to the Owner
had the work been completed by the Contractor under the terms
of this Contract or when the Contractor or his Surety pay the
18.
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balance shown to be due by them to the Owner, then all
machinery, equipment, tools, materials, or supplies left on
the site of the work shall be turned over to the Contractor or
his Surety. Should the cost to complete the work exceed the
contract price, and the Contractor or his Surety fail to pay
the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment,
tools, materials, or supplies on the site of the work, notice
thereof together with an itemized list of such equipment and
materials shall be mailed to the Contractor and his Surety at
the respective addresses designated in this Contract;
provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing or other
giving of such notice, such property shall be held by the
Owner at the risk of the Contractor and his Surety subject
only to the duty of the Owner to exercise ordinary care to
protect such property. After fifteen (15) days from the date
of said notice, the Owner may sell such machinery, equipment,
tools, materials, or supplies and apply the net sum derived
from such sale to the credit of the Contractor and his Surety.
Such sale may be made at either public or private sale, with
or without notice, as the Owner may elect. The Owner shall
release any machinery, equipment, tools, materials, or
supplies which remain on the work and belong to persons other
than the Contractor or his Surety to their proper owners.
9. MEASUREMENT AND PAYMENT
9.01 Character` of Measurements. No extra or customary measurements
of any kind will be allowed, but the actual length, area,
solid contents, number, and weight only shall be considered
unless otherwise specifically provided.
9.02 Estimated vs. Actual Ouantities. Any and all estimated
quantities stipulated in the proposal form under unit price
items are approximate and are to be used only (a) as a basis
for estimating the probable cost of the work and (b) for the
purpose of comparing the proposals submitted for the work. It
is understood and agreed that the actual amounts of work done
and materials furnished under unit price items may differ from
such estimated quantities and that the basis of payment for
such work and materials shall be for the actual amount of such
work done and the actual quantity of materials furnished.
The Contractor agrees that he will make no claim for damages,
anticipated profits, or otherwise on account of any difference
between the amounts of work actually performed and materials
actually furnished and the amounts estimated therefor in the
proposal or other Contract documents; provided, however, that
if the actual quantitiy of any item should become as much as
25 percent more than or 25 percent less than the estimated or
contemplated quantity for such items, then either party to
this Contract shall be entitled upon demand to a revised
consideration on the portion of the work above or below 25
percent of the estimated quantity prior to initiating work or
19.
furnishing materials for the overrun or underrun quantities.
Such revised consideration shall be determined by agreement
between the parties or otherwise by the terms of this Contract
as provided under Section 2.12 entitled "Extra Work ".
9.03 Payment. In consideration of the furnishing of all the
necessary labor, equipment, and material and the completion of
all work by the Contractor, and on the completion of all work
and the delivery of all material embraced in this Contract in
full conformity with the specifications and stipulations
contained herein, the owner agrees to pay the Contractor the
amounts set forth in the Proposal attached hereto which has
been made a part of this Contract. The Contractor hereby
agrees to receive such amounts in full payment for furnishing
all material and all labor required for the aforesaid work,
for all expense incurred by him, and for well and truly
performing the same and the whole thereof in the manner and
according to this Contract, the attached specifications, and
requirements of the Engineer.
9.04 Monthly Estimates and Payments. On or about the first day of
each month the Engineer will make an approximate estimate of
the value of work done in conformity with the plans and
specifications during the previous calendar month. The
Contractor shall furnish to the Engineer such detailed
information as he may request to aid him as a guide in the
preparation of monthly estimates. After each such estimate
shall have been approved by the Owner, the Owner shall pay to
the Contractor 95 percent of the amount of such estimated sum
on or before the 15th day of said month.
It is understood, however, that in case the whole work is near
to completion and some unexpected or unusual delay occurs due
to no fault or neglect on the part of the Contractor, the
Owner may, upon written recommendation of the Engineer, pay a
reasonable and equitable portion of the retained percentage to
the Contractor.
9.05 Certificates of Completion. Within 10 days after the
Contractor has given the Engineer notice that the work has
been completed, the Engineer shall inspect the work and
satisfy himself by examination and test that the work has been
finally and fully completed in accordance with the plans,
specifications and Contract. If so, the Engineer shall issue a
Contract Completion Certificate to the Owner and the
Contractor. Such certificate when issued shall constitute
final acceptance of the work covered under this Contract.
9.06 Final Estimate and Payment. After the Contract Completion
Certificate has been issued, the Engineer shall proceed to
make final measurements and to prepare a final estimate of the
work done and materials furnished under this Contract and the
value thereof. The Engineer shall certify the Final Estimate
and submit it to the Owner within five (5) days from the date
of the Contract Completion Certificate.
20.
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The Owner shall pay the Contractor within fifteen (15) days
from the date of the Contract Completion Certificate the
entire sum shown due on the certified Final Estimate prepared
by the Engineer after deducting all amounts to be kept and
retained under any provision of this Contract. However, it is
to be specifically understood that the final payment will not
be paid by the Owner to the Contractor under any circumstances
until the Notarized Affidavit required by Section 9.07
entitled "Notarized Affidavit ", has been submitted to the
Engineer.
All prior
correction
absence of
estimates,
evidence of
estimates and payments shall be subject to
in the Final Estimate and payment; but in the
error or manifest mistake, it is agreed that all
when approved by the Owner, shall be conclusive
the work done and materials furnished.
9.07 Notarized Affidavit. Before Final Payment for the work by the
Owner, the Contractor shall submit to the Engineer a notarized
affidavit in duplicate stating under oath that all
subcontractors, vendors, and other persons or firms who have
furnished or performed labor or furnished materials for the
work have been fully paid or satisfactorily secured. Such
affidavit shall bear or be accompanied by a statement, signed
by the Surety Company who provided the performance bond for
the work, to the effect that said Surety Company "consents to
final payment to the Contractor being made by the Owner.
9.08 Release of Liability. The acceptance by the Contractor of the
last payment shall operate as and shall be a release to the
Owner and every officer and agent thereof from all claims and
liability hereunder for any thing done or furnished for or
relating to the work or for any act or neglect of the Owner or
of any person relating to or affecting the work.
9.09 Contractor's Obligation. Neither the Contract Completion
Certificate nor the Final Payment nor any provision in the
Contract Documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be
required in the Contract Documents.
9.10 Payments Withheld. The Owner may, on account of subsequently
discovered evidence, withhold or nullify the whole or part of
any payment to such extent as may be necessary to protect
himself from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable
filing of claims.
c. Failure of the Contractor to make payments properly to
subcontractors or for material or labor.
d. Damage to another contractor.
21.
When the above grounds are removed or the Contractor provides
a Surety Bond satisfactory to the Owner, which will protect
the Owner in the amount withheld, payment shall be made for
amounts withheld because of them.
22.
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SPECIAL CONDITIONS OF AGREEMENT
1. CROSSING UTILITIES
SPECIAL CONDITIONS OF THE AGREEMENT
Every attempt has been made to locate existing utility lines.
However, prior to commencing construction, it shall be the
Contractor's responsibility to make arrangements with the Owners
of such utility companies to uncover their particular utility
lines or otherwise confirm their location. Certain utility
companies perform such services at their own expense, however,
where such is not the case, the Contractor will cause such work
to be done at his own expense.
2. "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of
his copies of the working drawings. Upon completion of the
Project and prior to final acceptance and payment, the
Contractor shall deliver this correctly marked set of drawings
to the Engineer.
3. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present
obstructions to grade and alignment of pipe, immediately notify
Engineer, who without delay, will determine whenever existing
improvements are to be relocated, or grade and alignment of pipe
changed. Where necessary to move services, poles, guy wires,
pipelines, or other obstructions, contractor will make
arrangements with Owners of utilities. Owner will not be liable
for damages on account of delays due to changes made by Owners
of privately owned utilities which hinder progress of work.
4. LIMIT OF FINANCIAL RESOURCES
It shall be understood by all that the Owner may be required to
change and /or delete any items which he may feel is necessary to
accomplish all or part of the scope of work within its limit of
financial resources.
Contractor shall be entitled to no claim for damages for
anticipated profits on any portion of work that may be omitted.
At any time during the duration of this contract, the Owner
reserves the right to omit any work from this Contract. Unit
prices for all items previously approved in this Contract shall
be used to delete or add work per change order.
5. CONSTRUCTION INSPECTION
The Owner at his option, may provide an inspector to review the
quality of materials and workmanship.
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6. COORDINATION WITH UTILITY COMPANIES
The Contractor shall be responsible for contacting the
appropriate utility company when working in the vicinity of its
facilities to ensure safety and guard against damage. The
following are names and phone numbers for the various companies:
1. Lone Star Gas - Transmission Lines: (817) 778 -8700
Bob Andrews
- Distribution Lines: (512) 244 -3652
Darryl Harris
2. Bell Telephone - (512) 870 -2392
James M. Lee
3. Texas Power & Light Co. - (512) 244 -5650
Paul Bennet, Bob Grimm
4. City of Round Rock (water & sewer) - (512) 255 - 3612
Jim Nuse, Director of Public Works
7. LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all
work included in this Contract, so authorized by the Owner, as
shown on the drawings or described in the Contract Documents and
Technical Specifications. All items of construction not
specifically paid for in the bid schedule shall be included in
the unit price bids. Any question arising as to the limits of
work shall be left up to the interpretation of the Engineer.
8. COPIES OF PLANS AND SPECIFICATIONS
The Agreement will be prepared in not less than six (6)
counterpart (original signed) sets. Owner will furnish
Contractor three (3) sets of conforming Contract Documents,
Technical Specifications and Plans free of charge, and
additional sets will be obtained from the Engineer at commercial
reproduction rates plus 20% for handling.
9. UTILITY SERVICES FOR CONSTRUCTION AND TESTING
The Contractor will be responsible for providing his own utility
services during construction and testing. No additional payment
will be made for this item.
10. UTILITY APPURTENANCES ADJUSTMENTS
The Contractor shall, as his own expense, raise the manhole
covers and valve boxes to the finished paved street grade. All
manhole covers and valve boxes within the proposed street paving
area shall be constructed six (6) inches below the subgrade of
the street and raised to finished street grade prior to paving.
2.
In unpaved areas, manhole covers and valve boxes shall be raised
by the Contractor, at his own expense, to two (2) inches above
natural ground.
11. CONSTRUCTION STAKING
The Contracto r shall provide con ru
stction staking . fo i'r hs,
project}
12. BLASTING
When the use or storage of explosives or other hazardous
materials or equipment is necessary for the execution of the
work, the Contractor shall exercise the utmost care and shall
carry on such activities under the supervision of properly
qualified personnel.
All blasting,
explosives and
Federal, State,
The following
State and Local
including methods of storing and handling
highly flammable materials, shall conform to
and Local Laws and Ordinances.
is a list of requirements in addition to Federal,
Laws and Ordinances:
1. The Contractor shall furnish the Owner with a Certificate
of Blasting Insurance in the amount of $300,000 for each
contract, at least twenty -four (24) hours prior to using
explosives. If blasting is covered under the Contractor's
General Insurance Certificate for each contract, a separate
blasting certificate will not be required.
2. The Contractor shall notify the City of Round Rock on every
occasion at least twenty -four (24) hours prior to the use
of explosives.
3. Explosive materials to be used shall be limited to blasting
agents and dynamite, unless prior approval of other
materials is obtained in writing from the Engineer.
4. During blasting, all reasonable precautions shall be taken
to protect pedestrians, passing vehicles, and public or
private property. Blasting mats or protective cover shall
be used when required by the Owner or his agent, the
permit, or by safe blasting practices.
5. The Engineer or his representatives shall have the right to
limit the use of explosives and /or blasting methods which
in his opinion are dangerous to the public or nearby
property of any kind.
6. The Contractor, at his expense, shall promptly repair or
replace all items known to be damaged as a result of
blasting.
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The Contractor is fully responsible for all claims resulting
from his blasting operation. All damage or loss to any property
referred to in this article caused in whole or in part by the
Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them, or by anyone whose acts any of them may
be liable, shall be remedied by the Contractor, except damage or
loss attributable solely to faulty Drawings or Specifications or
solely to the acts or omissions of the Owner or Engineer or
anyone employed by either of them, and not attributable in any
degree to the fault or negligence of the Contractor.
13. COORDINATION BETWEEN UTILITY CONTRACTOR & STREET CONTRACTOR
The streets will be excavated and bladed by the street paving
Contractor to the subgrade prior to the utility Contractor
beginning his gravity sewer line and water line construction
operations in the street right -of -ways. Upon completion of the
gravity sewer line and water line and storm sewer construction,
the utility Contractor shall dress and blade the street to
upgrade to the same condition it was in when accepted by the
utility Contractor and to the satisfaction of the street paving
Contractor and the Engineer.
The utility Contractor shall, at his own expense, raise the gate
valve boxes and manhole frames and covers to the finished paved
street grade. All gate valve boxes and manhole frames and
covers within the proposed street paving area shall be
constructed 6- inches below the subgrade of the street. It shall
be the responsibility of 'the paving Contractor to verify with
the utility Contractor that all utility castings in the area
have been raised or that no valve box, clean -out covers or
manhole covers need to be adjusted. This shall be obtained in
writing 48 hours prior to placing any curb and gutter, concrete
valley gutters and final pavement (concrete or asphalt) and a
copy shall be provided for the Engineer.
Each Contractor shall be fully responsible for verifying the
existence of all property corners before commencing work. Any
missing property pins shall be replaced by the Engineer at the
expense of the previous Contractor.
14. MONTHLY PAYMENT ESTIMATES
Owner shall pay for 90% of materials on hand when properly
stored on the jobsite. When payment for materials on hand has
been paid by the Owner to the Contractor, the Contractor shall
furnish evidence the following month that he had paid for those
materials prior to the following month's monthly estimate being
approved for payment.
15. WATER USED IN CONSTRUCTION
Water for use in the construction and testing of this project
will be furnished by the owner at the nearest accessible fire
hydrant. Contractor shall secure all appropriate permits and
endeavor to avoid any waste or excessive use of water.
4 .
16. MAINTENANCE BOND
Per City of Round Rock Ordinance, a two (2) year Maintenance
Bond naming the Owner and the City of Round Rock as dual obligee
will be required for public streets constructed without lime
stabilization of subgrade material when the Plasticity Index of
the subgrade is above 25. Maintenance Bond shall remain in
effect for two (2) years from date of City of Round Rock
acceptance of improvements.
A one (1) year Maintenance Bond will be required for all other
improvements.
17. PERFORMANCE AND PAYMENT BONDS
Refer to the General Conditions of the Agreement paragraph 3.02
- Performance and Payment Bonds. Delete the entire section and
substitute the following:
Unless otherwise specified, it is further agreed by the Parties
to the Contract that the Contractor will execute separate
performance and payment bonds, each in the sum of one hundred
(100 %) percent of the total contract price, in standard forms
for this purpose, guaranteeing faithful performance of the work
and the fulfillment of any guarantee required, and further
guaranteeing payment to all persons supplying labor and
materials or furnishing him any equipment in the execution of
the Contract. If the contract price is less than $50,000.00, a
letter of credit may be furnished in lieu of a performance bond.
It is agreed that the Contract shall not be in effect until such
performance bond(s) or letter(s) of credit, and payment bond(s)
are furnished and approved by the owner.
Unless otherwise specified,- the cost of the premium for the
performance bonds or letters of credit, and payment bonds shall
be included in the price bid by the Contractor for the work
under this Contract, and no extra payment for such bonds or
letters of credit will be made by the Owner.
Unless otherwise approved in writing by the Owner, the surety
company underwriting the bonds or letters of credit shall be
acceptable according to the latest list of companies holding
certificates of authority from the Secretary of the Treasury of
the United States and shall be licensed to write such bonds or
letters of credit in the State of Texas.
18. INSURANCE
Refer to Section 6 of the General Conditions of the Agreement -
Indemnity, is hereby amended to include the following:
Contractor shall carry insurance in the following types and
amounts for the duration of this Contract, which shall include
items owned by Owner in care, custody and control of Contractor
prior and during construction and warranty period, and furnish
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Certificates of Insurance along with copies of policy
declaration pages and all policy endorsements as evidence
thereof:
a. Statutory Workers' Compensation and minimum $100,000
Employers Liability Insurance.
b. Commercial General Liability Insurance with minimum
limits of $500,000 per occurrence and $1,000,000
Aggregate or $500,000 for this designated project and
$100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, nonowned
and hired vehicles with minimum limits for Bodily
Injury or $250,000 for each person and $500,000 for
each occurrence and Property Damage limits of $100,000
or a Combined Single Limit of $600,000.
d. On all new or remodeling building projects; All Risk
Builders Risk Insurance for insurable building
projects shall be insured in the amount of the
contract price for such improvements. Owner and
Contractor waive all rights against each other for
damages caused by fire or other perils to the extent
covered by Builders Risk Insurance required under this
section, except as to such rights as they may have in
the proceeds of such insurance. Contractor shall
require similar waivers by Subcontractors and
Sub - subcontractors.
e. Owner and Contractor's Protective Policy. The
Contractor shall provide and maintain during the life
of this contract and until all work under said
contract has been completed and accepted by the Owner,
an Owner's and Contractor's Protective Policy which
co- insures the Owner and the Owner's agents and
employees with the same Commercial General Liability
coverage as described above, entitled "Commercial
General Liability Insurance."
When off -site storage is permitted, policy will be endorsed for
transit and off -site storage in amounts sufficient to protect
property being transported or stored.
This insurance shall include, as insured, City of Round Rock,
Contractor, Subcontractors and Sub - subcontractors in the work,
as their respective interest may appear.
If insurance policies are not written for amount specified in b.
and c. above, Contractor is required to carry an Excess
Liability Insurance Policy for any difference in amounts
specified.
6.
Contractor shall be responsible for deductibles and self insured
retentions, if any, stated in policies. Any self insured
retention shall not exceed ten percent of minimum required
limits. All deductibles or self insured retentions shall be
disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract
until he has obtained required insurance and until such
insurance has been reviewed by Owner's Contract Administration
Office. Contractor shall not allow any Subcontractors to
commence work until insurance required has been obtained and
approved. Approval of insurance by Owner shall not relieve or
decrease liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in
the State of Texas at the time policy is issued and acceptable
to Owner.
Contractor shall produce an endorsement to each effected policy:
1. Naming City of Round Rock, 221 East Main Street, Round
Rock, Texas 78664 as additional insured (except
Workers' Compensation and Builders Risk).
2. That obligates the insurance company to notify Joanne
Land, City Secretary, City of Round Rock, 221 East
Main Street, Round Rock, Texas 78664 of any and all
changes to policy 30 days prior to change.
3. That the "other"
Owner where City
insured shown on
required in this
Contractor, shall
applicable.
insurance clause shall not apply to
of Round Rock is an additional
policy. It is intended that policies
agreement, covering both Owner and
be considered primary coverage as
Contractor shall not cause any insurance to be canceled nor
permit any insurance to lapse during term of this Contract or as
required in the Contract.
If Contractor is underwritten on a claim -made basis, the
retroactive date shall be prior to, or coincident with, the date
of this Contract and the Certificate of Insurance shall state
that coverage is claims -made and also the retroactive date.
Contractor shall maintain coverage for duration of this Contract
and for two years following completion of this Contract.
Contractor shall provide the City annually a Certificate of
Insurance as evidence of such insurance. It is further agreed
that Contractor shall provide Owner a 30 day notice of aggregate
erosion, an advance of the retroactive date, cancellation and /or
renewal.
It is also agreed that Contractor will invoke the tail option at
request of Owner and the Extended Reporting Period (ERP) premium
shall be paid by Contractor.
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Owner reserves the right to review insurance requirements of
this section during effective period of the Contract and to make
reasonable adjustments to insurance coverages and their limits
when deemed necessary and prudent by Owner based upon changes in
statutory law, court decisions or the claims history of the
industry as well as Contractor.
Owner shall be entitled, upon request, and without expense, to
receive copies of policies and all endorsements thereto and may
make any reasonable requests for deletion or revision or
modification of particular policy terms, conditions, limitations
or exclusions, except where policy provisions are established by
law or regulation binding upon either of the parties hereto or
the underwriter on any of such policies.
Actual losses not covered by insurance as required by this
section shall be paid by Contractor.
19. ACCESS TO PROPERTIES
The Contractor is required to enter into a Right of Entry
Agreement with the Union Pacific Railroad Company prior to
commencing any work within their right -of -way. Any fees or
additional permits or insurance required in order to execute
this Agreement are the responsibility of the Contractor. An
unexecuted copy of. this permit is attached.
20. Refer to Section 3.09 of the General Conditions of the Agreement
- Minimum Wages. A wage scale is not included. However, the
Contractor is not released from the requirement to comply with
the referenced Article 5159 of the Revised Civil Statutes of the
State of Texas.
21. Refer to Section 9.04 of the General Conditions of the Agreement
- Monthly Estimates and Payments. For Contracts totalling less
than $400,000.00, the payment amount shall be 90 percent of the
total sum.
8.
UNION PACIFIC RAILROAD COMPANY
CONTRACTORS RIGHT OF ENTRY AGREEMENT
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B W ZANDBERGEN
GENERAL DIRECTOR
ROOM I' 00 1 t16 DODGE STREET
OMAHA NEBRASKA 68179
0021271 -3751
FAX 002) 271 -5493
To the Contractor:
UNION PACIFIC RAILROAD COMPANY
CONTRACTS & REAL ESTATE DEPARTMENT
J A ANTHONY
DIRECTOR - CONTRACTS
D Co BROWN
DIREOTOP•REAL ESTATE SALES
D H LIGHTWINE
OIREC'GP. F∎ELD OPERATIO'.5
R NIRHAUS
DIR ECTOR. SPECIAL PPOJEC'S
W F SOMERVELL
DIRECTOR -JOINT FACILITIES
13%4 -84
Before the Railroad Company can permit you to perform work on its
tight of way for the installation of a wastewater pipeline crossing, for the
City of Round Rock, Texas, it will be necessary to complete the enclosed
Contractor's Right of Entry Agreement as follows:
1. Fill in the complete legal name of the contractor in the space
provided on Page 1 of the Contractor's Right of Entry Agreement. If
a corporation, give the state of incorporation. If a partnership,
give the names of all partners.
2. Fill in the date construction will begin and be completed in Article
5, Paragraph A.
3. Fill in the name of the contractor in the space provided in the
signature block at the end of the Contractor's Right of Entry
Agreement. If the contractor is a corporation, the person signing
on its behalf must be either a vice president or president.
A. Return all copies of the Contractor's Right of Entry Agreement
together with your Certificate of Insurance as required in Exhibit
A -1, in the attached, self - addressed envelope.
After approval of the Contractor's Right of Entry Agreement and the
Insurance Certificate, your fully - executed document will be returned to you,
with instructions to proceed. In no event should you begin work until you
have received a copy of the signed Contractor's Right of Entry Agreement.
if you have any questions, please contact Carolyn Christensen at
(402) 271 -2336.
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
1354 -84
THIS AGREEMENT is made and entered into as of the day of
, 19 , by and between MISSOURI PACIFIC RAILROAD
COMPANY, a Delaware corporation (hereinafter the "Railroad "); and
RECITALS:
AGREEMENT:
corporation (hereinafter the "Contractor ").
, a
The Contractor has been employed by the City of Round Rock,
Texas, for the construction (hereinafter "work ") of a wastewater
pipeline crossing on and across property of the Railroad at or near
Mile Post 160.86, near Round Rock, Texas.
The Contractor has requested the Railroad to permit it to
perform the work and Railroad is agreeable thereto, subject to the
following terms and conditions.
NOW, THEREFORE, it is mutually agreed by and between the Railroad
and Contractor, as follows:
Article 1. DEFINITION OF CONTRACTOR.
For purposes of this agreement, all references in this agreement to
the Contractor shall include the Contractor's contractors, subcontractors,
officers, agents and employees, and others acting under its or their
authority.
Article 2. RIGHT GRANTED; PURPOSE.
The Railroad hereby grants to the Contractor the right, during the
term hereinafter stated and upon and subject to each and all of the terms,
provisions and conditions herein contained, to enter upon and have ingress to
and egress from the portion of the Railroad's property at Railroad's Mile Post
160.86, at or near Round Rock, Texas, as shown on the attached print dated
January 23, 1990, marked Exhibit B for the purpose of constructing a
wastewater pipeline crossing. The right herein granted to Contractor is
limited to those portions of the Railroad's property specifically described
herein, or designated by the Railroad representative named in Article 4.
Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A -1.
The terms and conditions contained in Exhibits A and A -1, hereto
attached, are hereby made a part of this agreement.
PL X &E ROE 890709
Form Approved, AVP -Law
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Article 4. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.
The Contractor shall bear any and all costs and expenses associated
with any work performed by the Contractor, or any costs or expenses incurred
by the Railroad relating to this agreement. All work performed by Contractor
on Railroad's property shall be performed in a manner satisfactory to the
respective local Superintendent of Transportation Services of the Railroad or
his authorized representative (hereinafter the Railroad Representative).
Article 5. TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on
, and continue until
unless sooner terminated as herein provided, or at such time as Contractor has
completed its work on Railroad's property, whichever is earlier. Contractor
agrees to notify the Railroad Representative in writing when it has completed
its work on Railroad property.
B. This agreement may be terminated by either party on ten (10)
days written notice to the other party.
Article 6. CERTIFICATE OF INSURANCE.
A. Before commencing any work, the Contractor will provide the
Railroad with a Certificate issued by its insurance carrier providing the
insurance coverage required pursuant to Exhibit A - of this agreement in a
policy which contains the following type of endorsement:
Missouri Pacific Railroad Company, is named as additional insured
with respect to all liabilities arising out of Insured's, as
Contractor, performance of any work on the property of the Railroad.
B. Contractor warrants that this agreement has been thoroughly
reviewed by its insurance agent(s) /broker(s) and that said agent(s) /broker(s)
has been instructed to procure insurance coverage and an endorsement as
required herein.
C. All insurance correspondence shall be directed to: Union
Pacific Railroad Company, General Director - Contracts and Real Estate, Room
1100, 1416 Dodge Street, Omaha, Nebraska 68179.
Article 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
Fiber optic cable systems may be buried on Railroad's property.
Protection of the fiber optic cable systems is of extreme importance since any
break could disrupt service to users resulting in business interruption and
loss of revenue and profits. Prior to beginning any work, the Contractor
shall telephone the Railroad at 1- 800 - 336 -9193 (a 24 -hour number) to determine
if fiber optic cable is buried anywhere on the property set forth herein. If
it is, the Contractor shall also comply with and be subject to the provisions
contained in Section 6 of Exhibit A.
PL X&E ROE 890709
Form Approved, AVP -Law
Article 8. ENFORCEABILITY; CHOICE OF LAW; CHOICE OF FORUM.
This agreement shall be governed, construed, and enforced in
accordance with the laws of the state of Nebraska. Litigation arising out of
or connected with this agreement may be instituted and maintained in the
courts of the states of Nebraska and Texas only, and the parties consent to
jurisdiction over their person and over the subject matter of any such
litigation, in those courts, and consent to service of process issued by such
courts.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
in duplicate as the date first herein written.
PL X &E ROE 890709
Form Approved, AVP -Law
MISSOURI PACIFIC RAILROAD COMPANY
By
Director - Contracts
X
Title:
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PL X&E ROE 890709
Form Approved, AYP -Law
R xhibit A
age l of 3
OBBIn
EXHIBIT A
Section I. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor
commencing its work and at least 24 hours in advance of proposed performance of any work by the Contractor in which
any person or equipment will be within 25 feet of any track, or will be near enough to any track that any eguipmrent
extension (such as, but not limited to a crane boar) will reach to within 25 feet of any track. Upon receipt of such
notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and
whether the Contractor need implement any special protective or safety measures. If any flagmen or other special
I protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense
with the understanding that if the Railroad provides any flagging or other services the Contractor shall not be
relieved of any of its responsibilities or liabilities set forth herein.
I Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of
the Railroad to use and maintain its entire property including the right and power of the Railroad to construct,
maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication,
' fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its
property, all or any of which may be freely done at any time or times by the Railroad without liability to the
Contractor or to any other party for compensation or damages.
(b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of
licensees and lessees of the Railroad's property, and others) and the right of the Railroad to renew and extend the
same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH RAILROAD'S OPERATION.
No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted
use of the tracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically
permitted under this agreement, or specifically authorized in advance by, the Railroad Representative. Nothing shall
be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof. When
I not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's
nearest track, and there shall be no crossings of Railroad's tracks except at existing open public crossings.
Section 4. PERMITS.
Prior to beginning any work, the Contractor, at its sole expense, shall obtain all necessary permits to
perform any work contemplated by this agreement.
Section 5. MECHANIC'S LIENS.
II The Contractor shall pay in full all persons who perform labor or provide materials for the work to be
performed by Contractor. The Contractor shall not permit or suffer any mechanic's or naterialrren's liens of any kind
or nature to be enforced against any property of the Railroad for any such work performed. The Contractor shall
indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of
whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished.
Section 6. FIBER OPTIC CABLE SYSTEMS,
If fiber optic cable is buried anywhere on the Railroad premises to be used by Contractor, the Contractor
111011 telephone the telecommunications company(ies) involved, arrange for a cable locator and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any work on Railroad's premises. In
addition to the liability terms elsewhere in this Agreement the Contractor shall indemnify and hold the Railroad
harmless against and from all cost, liability and expense whatsoever (including, without limitation, attorney's fees
and court costs and expenses) arising out of or in any way contributed to by any act or emission of the Contractor,
its subcontractor, agents and /or employees, that causes or in any way or degree contributes to (1) any damage to or
destruction of any telecommunications system by the Contractor and /or its subcontractor, agents and /or employees, on
Railroad's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications
company and /or its contractor, agents and /or employees, on Railroad s property and /or (3) any claim or cause of action
for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication
campany(ies).
Section 7. COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this agreement, the Contractor shall comply with all applicable
federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such
methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the
officers, agents, employees and property of the Railroad and the public in general. The Contractor (without limiting
PL X&E ROE 890709
.Form Approved, AVP -law
acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on t
the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health i ll
Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactnents,
shall result in any, fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the
Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without
limitation attorney's fees, court costs and expenses. The Contractor further agrees in the event of any such action,'
upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the
Railroad.
Section 8. SAFETY INSTRUCTICNS.
Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution
of the work pursuant to this agreement. As reinforcement and in ,furtherance of overall safety measures to be obsery
by the Contractor (and not by way of limitation), the following special safety rules shall be followed:
(a) The Contractor shall keep the job site free from safety and health hazards and ensure that its
employees are competent and adequately trained in all safety and health aspects of the job. The Contractor shall ha
proper first aid supplies available on the job site so that prompt first aid services can be provided to any person
that may be inured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational i
Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed
on the job site. The Contractor shall have a non - delegable duty to control its employees, while they are on the job
site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their
possession any alcoholic beverage or illegally obtained drug, narcotic or other substance.
(b) The employees of the Contractor shall be suitably dressed to perform their duties safely and in a
manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length
shirts with sleeves and trousers that cover the entire leg are to be worn. If flare - legged trousers are worn, the
trouser bottoms oust be tied to prevent catching. The employees should wear sturdy and protective footwear.
Employees shall not wear boots (other than work boots), sandals, canvas -type shoes or other shoes that have thin sole
or heels that are higher than normal. In addition, the Contractor shall require its employees to wear personal
protective equipment as specified by Railroad rules, regulations or Railroad officials overlooking the work at the jo
site. In particular, the protective equipment to be worn shall be:
(1) Protective head gear that meets American National Standard- Z89.1- latest revision. It is suggested tha
all hardhats be affixed with Contractor's or subcontractor's company logo or name.
(2) Eye protection that meets American National Standard for occupational and educational eye and face
protection 287.1 latest revision. Additional eye protection oust be provided to net specific job situations ,
such as we grinding, burning, etc.; and
(3) Hearing protection which affords enough attenuation to give protection from noise levels that will be
occurring on the job site.
(c) All heavy equipment provided or leased by the Contractor shall be equipped with audible back -up warnin
devices. If in the opinion of the Railroad Representative any of Contractor's or any of its subcontractor's equipmenr
is unsafe for use on the Railroad's right -of -way, the Contractor, at the request of the Railroad Representative, shall
remove such equipment from the Railroad's right -of -way.
Section 9. INDEMNITY.
(a) As used in this Section "Railroad" includes other railroad companies using the Railroad's property at
or near the location of the Contractor'
Contractor's installation and their officers, agents, and employees; "Loss' includes loss
damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including
court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the
Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other
person); and (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to
the roadbed, tracks, equipment, or other property of the Railroad, or property in Its care or custody).
(b) As a major inducement and in consideration of the license and permission herein granted, the Contractor
agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is
i
associated in•whole or in part with the work performed under this agreement, a breach of the agreement or the failure
to observe the health and safety provisions herein, or any activity or omission arising out of performance or
nonperformance of this agreement. However, the Contractor shall not indemnify the Railroad when the Loss is caused bti
the sole negligence of the Railroad.
Section 10. RESTORATION OF PROPERTY.
In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner
move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor,
then in that event the Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and
Exhibit A
Page 2 of 3
0001n
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PL 'ARE RUE 890709
Form Approved, AVP -Law
other property to the same condition as the same were in before such fence was taken down or such other property was
moved or disturbed, and the Contractor shall indemnify and hold harmless the Railroad, its officers, agents and
enployees,.against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever
nature, arising from the taking down of any fence or the moving or disturbance of any other property of the Railroad.
Section II. WAIVER OF BREACH.
The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be
kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any
subsequent breach thereof.
Section 12. ASSIGNMENT - SUBCONTRACTING.
The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the
written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the
Railroad shall be void. If the Railroad gives the Contractor permission to subcontract all or any portion of the work
herein described, the Contractor is and shall remain responsible for all work of subcontractors and all work of
subcontractors shall be governed by the terms of this agreement.
'xhibit A
'age 3 of 3
OBIBIn
INOICATE NORTH .0 I RECT I ON
3
M•5 Rio
--, ROUND ROCK o
NCA1CSr a. a. rowel
J
ft
W
NO SCALE
SCAM (15111
=•
1NETO THI5 0)151014 43001500 IN 41. CASES
f LOCAT1040 ■•1 LLSINO 5CCT1040. 01575340
TO A LE04 5101[1 LINE 13 000111001
FT. .).�.R.
SAW
TIM OIST
4Sw N.h 2).
•
REV. 5-8-691
APPLICATION FOR ENCASED
NON-FLAMMABLE PIPELINE CROSSING
DAR. 4530FT.
IS U Y O . 54 rt.
0(5 SI ISCC .Or( 3 S1
BURNET ST BRIDGE4
10CSC5)02 111(0 014/CCTI
)SEE NOTE S)
55_17 —4111
1 E FT.
I
"do 11 51.'4
i c USING PIMS)S.. wt.
95 FT.
(5)11(5 1110
T^- 4 0 FT.
A)IS PIPELINE CROSSING WITHIN DEDICATED STREET 7 YES; R NO;
BINAME OF STREET
CICARRIER PIPE :
COMMODITY TO BE CONVEYED MUNICIPAL WASTEWATER
OPERATING PRESSURE 0 P51
WALL THICXNESS ;DIAMETER lfl"T.DIMATERIAI PVC
03OISTRIBUTION LINE , OR TRANSMISSION LINE X
E) CASING PIPE
MIN. WALL THICKNESS 5/16" ;DIAMETER 16" ;MATERIAL STEEL •
NOTE :CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST
OUTSIDE DIAMETER OF CARRIER PIPE ANO INTERIOR
DIAMETER OF CASING PIPE . WHEN FURNISHING
DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE ANO
INSIDE OF CASING PIPE
F1 METHOD OF INSTALLING CASING PIPE UNDER TRAMS):
X DRY BORE ANO JACX (WET BORE NOT PERMITTED) ;
TUNNEL ; OTHER
G)OISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING ANO
JACXING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 35 FT.
H) APPLICANT HAS CONTACTED MARK ETHAN 120• NIN.I
OF U. P. COMMUNICATION DEPARTMENT ANO HAS DETERMINED FIBER
OPTIC CABLE X ODES ; _ GOES NOT ; EXIST IN VICINITY OF
WORK TO. BE PERFORMED .
NOTE: ALL
FILLED IN
A1900000' (SEE PLAN)
) a.f 01 250554ICI
CL CULVERT
10LSC52 is [ 111,.1(211
ITT.
.L T.
11. 11 FT. ORLI
AT
AVAILABLE DIMENSIONS MUST BE
TO PROCESS THIS APPLICATION.
•
1
NOTES 95 FT.
)CASINO LO4TN .Nfli N C451 00 CIS[ 1110LINL
(1 ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FRO 5 OF TRACK.
2) CASING TO EXTENO BEYOND THE CENTERLINE OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT., OR 30 FT.
AND BEYOND LIMIT OF RAILROAD RICHT -OF -WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK.
71 MINILW OF SO' FROM THE ENO OF ANY RAILROAO BRIDGE, 4 OF ANY CULVERT, OR FROM ANY SWITCHING AREA.
41 SIGNAL REPRESENTATIVE MUST BE PRESENT OURINC INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF
SI ALLOWABLE F)XE0 OBJECTS INCLUDE: BACKWAILS OF BRIDGES; Q OF R0A0 CROSSINGS B OVERHEAD VIADUCTS (GIVE
FORM OR- 0291 -B
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Si 15 OVEN Ir- I5
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OVER Ir MUST SE
APPROVED BY R.R. co.
NOTE: THIS b1ART IS
ONLY FOR sworn 5TE
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OF 35.003 PSI.
STEEL CASING WALL
THICXNESS CHART
/IMAM
TN ICXNESS
DIAMETER OF
CASING PIPE
FOR40.A TO 114.01E CASIM
LENGTH WITH ANGLE OF
CROSSING OTHER TNAN SO'
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IN 4L OCCASIONS. U. P. GOA NICA)I01W
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LOCATION OF PINT OPTIC EARL
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5000 NAME1. OR CULVERTS
M/ssroE./c: PACIFIC RAILROAD CO.
Ec5 AaElj +4Ti 14' L4 51.86
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M. P
ENCASED PIPELINE CROSSING FOR
THE CITY OF ROUND ROCK
WILLIAMSON COUNTY TFXAS
RR FILE NO 43 6 / 3
W A R M I N G
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TECHNICAL SPECIFICATIONS
NOTES FOR REFERENCING CITY OF AUSTIN SPECIFICATIONS
FOR WORK WITHIN THE CITY OF ROUND ROCK
The current City of Austin Standard Specifications are incorporated
into this project by reference and they shall be applied to this
project except as modified in these specifications and on the plans.
Whenever the term "City of Austin" is used in the Austin
specifications, it shall be construed to mean the City of Round Rock.
Wherever the term "Engineer" is used in the Austin Specifications, it
shall be construed to mean Coulter Engineering.
CONTROL OF WORK
1. During construction the Contractor shall keep the site free and
clean from all rubbish and debris and shall clean -up the site
promptly when notified to do so by the Engineer.
The contractor shall, at his own expense, maintain the streets
and roads free from dust, mud, excess earth or debris which
constitutes a nuisance or danger to the public using the
thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads
over which hauling is done, and any such spillage or debris
deposited on streets, due to the Contractor's operations, shall
be immediately removed.
2. The Contractor shall coordinate his operations in such a manner
as to prevent the amount of clean -up and completion of back
works from becoming excessive. Should such a condition exist,
the Engineer may order all or portions of the work to cease and
refuse to allow any work to commence until the back work is done
to the Engineer's satisfaction.
3. The Contractor shall do such grading in the area adjacent to
streets and drainage facilities as may be necessary to leave the
area in a neat and satisfactory condition approved by the
Engineer.
MATERIALS
1. Except as specified otherwise, wherever in the specifications an
article or class of material is designated by a trade name or by
the name or catalog number of any maker, patentee, manufacturer,
or dealer, such designations shall be taken as intending to mean
and specify the articles described or another equal thereto in
quality, finish, and serviceability for the purpose intended, as
may be determined and judged by the Engineer in his sole
discretion.
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1 3.
2. No material which has been used by the Contractor for any
temporary purpose whatever is to be incorporated in the
permanent structure without the written consent of the Engineer.
Where materials or equipment are specified by a trade or brand
name, it is not the intention of the owner to discriminate
against an equal product of another manufacturer, but rather to
set a definite standard of quality for performance, and to
establish an equal basis for the evaluation of bids. Where the
words "equivalent ", "proper" or "equal to" are used, they shall
be understood to mean that the item referred to shall be
"proper ", the "equivalent" of, or "equal to" some other item, in
the opinion or judgement of the Engineer. Unless otherwise
specified, all materials shall be the best of their approved
samples. Notwithstanding that the words "or equal to" or other
such expressions may be used in the specifications in connection
with a material, manufactured article or process, the material,
article or process specifically designated shall be used, unless
a substitute is approved in writing by the Engineer, and the
Engineer will have the right to require the use of such
specifically designated material, article or process.
STREET CONSTRUCTION
1. Subgrade• density tests are required prior to depositing base
material.
2. Base density and thickness tests are required prior to
application of prime coat.
All testing shall be made by an independent laboratory at the
Owner's expense. An authorized representative of the Owner shall
be present when such tests are made. The number of tests
required shall be determined by the Engineer or his authorized
representative.
4. Pavement surface shall be Type "D" hot -mix, hot -lay asphaltic
II concrete with a minimum asphalt content of 5 %.
5. Backfill behind curbs shall be compacted to obtain a minimum of
95% of maximum density. Material used for curb backfill shall be
primarily granular (clay materials with higher P.I. than 35 are
prohibited) and free from boulders and clods "larger than 6" in
their greatest dimension. Refer to Standard Detail No. 1 - "Pipe
Bedding" for backfill procedures.
6. For Item No. 203 in Austin Specifications, substitute Item No.
203 attached. (For paving projects only.)
7. For Item No. 210 in Austin Specifications, substitute Item No.
210 attached. (For paving projects only.)
2.
WATER IMPROVEMENTS
1. Water mains shall be PVC C -900, Class 200 or ductile iron, class
50. The type and size of pipe shall be shown on the plans.
2. Gate Valves shall conform to AWWA Specification C -500 with ends
appropriate to installation on piping. Testing of Gate Valves
shall be factory leak tested on both sides for 200 psi.
3. Service material shall be as shown on plans.
4. Fire hydrants shall be 3 -way Mueller, improved AWWA type, or
approved equal, with pump nozzle for 4 -1/2" fire hose. A 6" gate
valve and valve box shall be provided on each fire hydrant.
5. Compact trench backfill to obtain a minimum of 95% of maximum
density. Density of backfill trenches under pavement shall be
tested by an independent laboratory. Such testing will be paid
for by the Owner, and an authorized representative of the City
of Round Rock shall be present when such tests are made.
6. All testing of pipe shall be done under the supervision of the
City, and the Contractor shall perform such tests as required
and furnish all equipment and material for same.
7. Sterilization of mains shall be done under the supervision of
the City, and the Contractor shall perform such sterilization
and furnish all material and equipment for same. The City will
be responsible for bacteriological test samples.
SEWER IMPROVEMENTS
1. (ewer_pipe shall be PVC SDR -35 unless shown otherwise"
2. Compact trench backfill to obtain a minimum of 95% of maximum
density. Density of backfill trenches under pavement shall be
tested by an independent laboratory. Such testing will be paid
for by the Owner, and an authorized representative of the City
shall be present when such tests are made.
3. All testing of pipe shall be done under the supervision of the
City, and the Contractor shall perform such tests as required
and furnish all material and equipment for same.
3.
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2. Safety
3. Trench Safety Plan
TRENCH SAFETY SYSTEMS
1. Description
This item shall consist of designing, furnishing, installing,
and maintaining trench safey systems required for the
construction of trench excavation and backfill made necessary by
the safety system. A trench shall be defined as a narrow
excavation made below the surface of the ground. In general the
depth is greater than the width but the width is not greater
than 15 feet. Trench Safety Systems include, but are not limited
to sloping, sheeting, trench shields or boxes, sheet piling,
cribbing, bracing, shoring, dewatering, or diversion of water to
provide adequate drainage.
Safety of personnel on the work site is of paramount importance
to the Owner. Contractor shall initiate and maintain a trench
safety training program which shall provide for frequent and
regular training sessions. The trench safety program shall be in
accordance with Occupational Safety and Health Administration
(OSHA) standards governing the presence and activities of
individuals working in and around trench excavation:
Contractor shall submit documentation of the existence and
content of the safety training program at or before the
Pre - Construction Conference.
At or before the Pre- Construction Conference, the Contractor
shall also submit a letter signed by an officer of the entity
certifying that no employee of the Contractor or Subcontractor
will be allowed in or near a trench excavation on this project
unless the employee has first successfully completed training in
basic trench safety subjects. In the same letter, the Contractor
shall also name the "competent person" (foreman or
superintendent) who is to be reasonably available to the project
at all times when trench construction work is in progress and
who is empowered to act for the Contractor in trench safety
matters. The competent person shall be one who is capable of
identifying existing hazards in the surroundings, or working
conditions which are unsanitary, hazardous, or dangerous to
employees, and who has authorization to take prompt corrective
measures to eliminate these conditions.
Within ten calender days following the award of the contract,
the Contractor shall submit to the Engineer /Architect, a plan
for a Trench Safety System which shall conform to the provisions
of Subpart P, Part 1926 of the Code of Federal Regulations and
which shall be capable of being installed within the available
work space. Failure to submit the required plan within the
allowable time may be cause for rejecting a proposal as being
non - responsive.
1
The plan shall be prepared and sealed by a Professional II
Engineer, registered in the State of Texas and qualified by
experience to design such systems. The plan shall contain as a
1 minimum the following:
1. A plan or other designation of the areas in which each type
of system shall be used. ,
2. Drawings, manufacturer's data, or other method of
identifying the various elements of the system with
sufficient specificity to allow positive identification
during construction, and installation requirements
sufficient to allow field verification of proper
installation. '
3. Manufacturer's written specifications, recommendations,
limitations, and manufacturer's permission to deviate from
those specifications, recommendations, and limitations.
4. Engineering calculations or manufacturer's certifications 11 showing that the system is designed to withstand
anticipated loadings and to provide protection throughout
the full depth of the trench. Loads used for design of the
Trench Safety System shall be as determined by the ,
Contractor's geotechnical consultant.
5. If proper installation of the proposed Trench Safety Plans
require trench widths in excess of those noted in the
Standard Details or Standard Specifications, the plan shall
also contain engineering calculations showing that the
additional loadings imposed by the increased width do not
result in a need for a stronger class of pipe. If the
calculations show that a stronger class of pipe is
required, the additional cost shall be included in the
price bid for construction of the pipe.
The purpose of submittal review by the Engineer /Architect is to
determine that the Contractor has planned the trenching work and
the trench safety systems required, that a qualified
professional engineer has assisted the Contractor in this
planning, and that the plan is in general conformance with the
project design requirements. The review of submittals does not
relieve the Contractor of full responsibility for trench safety,
including selection, excavation and construction procedures,
methods and materials. The Contractor is solely responsible for
any and all property damage or bodily injury, including death,
that arises from his trenching activities, whether or not
performed in accordance with the submittals.
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4. Soils Information
The Owner may have obtained geotechnical information, which may
include sub- surface data, logs of soil borings, and
recommendations from geotechnical consultants. Any information
obtained is solely for use by the City and /or its design
consultants in the design of the project and are not part of the
contract. If soil borings have been prepared they will be
included in Section 00220 of this Project Manual or on the
plans. Any geotechnical information included is for information
only. The City and its design consultants do not guarantee the
accuracy or validity of the data, nor do they assume any
responsibility for any interpretations or conclusions the
Contractor may draw from the data.
The Contractor shall provide to the Contractor's Professional
Engineer all information needed to design the Trench Safety
System required by Section 3. The Contractor may, at his option,
perform additional sub- surface investigations at his own
expense.
5. Inspections
Contractor's "competent person" shall inspect the trench, the
adjacent area, and the trench safety system each day, before
allowing workers to enter the trench, for evidence of any
situation which might result in unsafe working conditions and to
ensure the system meets OSHA requirements. Such inspections
shall also be performed following rainfall or any other
occurrence, such as encountering unexpected sub- surface
conditions, which could result in hazardous conditions. If
evidence of possible cave -ins or slides is noted, or any time a
safety system is damaged, work shall immediately cease and all
personnel shall be removed from the trench. Personnel shall be
required to remain outside the trench until the necessary
repairs, reinforcement, or other appropriate actions have been
taken as directed by Contractor's "competent person ". After the
appropriate action has been taken the "competent person" shall
inspect and approve the work before allowing the personnel to
re -enter the trench. The Contractor shall maintain a permanent
record of inspections which shall be made available to the Owner
upon request.
6. Construction Methods
Trench safety systems shall be constructed in accordance with
the detailed specifications set out in the provisions of
Excavations, Trenching, and Shoring, U.S. Department of Labor
Occupational Safety and Health Administration (OSHA)
Regulations, 29 CPR, Part 1926, Subpart P. A reproduction of the
specifications is attached for the convenience of the
Contractor. The Owner assumes no responsibility for the accuracy
of the reproduction. The Contractor is responsible for obtaining
a current copy of this section of the Federal Register for use
during the project.
Contractor shall not allow any employee to enter any trench at
any time, including during excavation, backfilling, or other
such operations, unless the proper Trench Safety System is in
place in that section of trench.
Contractor shall at all times safely guard all property from
injury or loss in connection with this Contract. He shall at all
times safely guard and protect his own work and any adjacent
property from damage. Contractor shall repair, replace, or
otherwise make good any such damage, loss, or injury arising out
of Contractor's excavation operations.
7. Alternate Designs
During construction, the Contractor may desire to utilize an
alternate trench safety system due to unexpected conditions, to
expedite the construction, or for some other reason. The plan
for the proposed alternate system shall be prepared in
conformance with Section 3 by Contractor's Professional Engineer
and submitted to the Architect /Engineer for approval. Contractor
shall not begin utilization of any alternate system until the
substitution is authorized by the Owner based on the
Architect /Engineer's recommendation.
8. Indemnification
The Contractor shall indemnify and hold harmless the City, its
employees, its agents, and its design consultants, from any and
all damages, costs (including, without limitation, legal fees,
court costs and the cost of investigation), judgments, or claims
by anyone for injury or death of persons resulting from the
collapse or failure of trenches constructed under this contract.
The Contractor acknowledges and agrees that this indemnity
provides indemnity of the City in case the City is negligent
either by act or omission in providing trench safety, including,
but not limited to inspection, failure to issue stop work
orders, and the hiring of the Contractor.
9. Measurement
Trench safety systems shall be measured by linear foot of actual
system installed along the centerline of trench when depth
exceeds five feet, completely installed to Contractor's approved
plan and specifications, maintained, and removed when no longer
required, including any excavation required for installation,
and any additional backfilling caused by such installation.
10. Payment
Payment for Trench Safety Systems, measured as prescribed above,
will be made at unit price bid per linear foot for safety
systems in Contractor's approved plan and specifications, which
price shall include special clearing, excavation and
backfilling.
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Payment for general clearing, excavation, bedding, pipe,
backfill and restoration of vegetation or street surfaces are
not included in this item, but will be paid under other items
bid.
Payment will be made under the following pay item:
Safety Systems for Excavations and Trenches (all depths
exceeding 5 feet) - Per Linear Foot.
OCCUPATIONAL SAFETY AND HEALTH 1
Subpart P
1926.650
1926.651
1926.652
1926.653
SUBPART P— EXCAVATIONS, TRENCHING,
AND SHORING
General protection requirements.
Specific excavation requirements.
General trenching requirements.
Definitions applicable to this subpart.
179
STANDARDS AND INTERPRETATIONS
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1926.650(0
STANDARDS AND INTERPRETATIONS
SUBPART P- EXCAVATIONS, TRENCHING, AND SHORING
1926.650 - GENERAL PROTECTION REQUIREMENTS
(a) Walkways, runways, and sidewalks shall
be kept clear of excavated material or other
obstructions and no sidewalks shall be un-
dermined unless shored to carry a minimum
live load of one hundred and twenty -five (125)
pounds per square foot.
(b) If planks are used for raised walkways,
runways, or sidewalks, they shall be laid par-
allel to the length of the walk and fastened
together against displacement.
(c) Planks shall be uniform in thickness and
all exposed ends shall be provided with
beveled cleats to prevent tripping.
(d) Raised walkways, runways, and side-
walks shall be provided with plank steps on
strong stringers. Ramps, used in lieu of steps,
shall be provided with cleats to insure a safe
walking surface.
(e) All employees shall be protected with
personal protective equipment for the pro-
tection of the head, eyes, respiratory organs,
hands, feet, and other parts of the body as
(a) Prior to opening an excavation, effort
shall be made to determine whether under-
ground installations; i.e., sewer, telephone,
water, fuel, electric lines, etc., will be encoun-
tered, and if so, where such underground
installations are located. When the excava-
tion approaches the estimated location of
such an installation, the exact location shall
be determined and when it is uncovered,
proper supports shall be provided for the
existing installation. Utility companies shall
be contacted and advised of proposed work
prior to the start of actual excavation.
(b) Trees, boulders, and other surface en-
cumbrances, located so as to create a hazard
to employees involved in excavation work
1926.651(e)
180
OCCUPATIONAL SAFETY AND HEALTH
set forth in Subpart E of this part.
(f) Employees exposed to vehicular traffic
shall be provided with and shall be instructed
to wear warning vests marked with or made
of reflectorized or high visibility material.
(g) Employees subjected to hazardous dusts,
gases, fumes, mists, or atmospheres de-
ficient in oxygen, shall be protected with
approved respiratory protection as set forth
in Subpart D of this part.
(h) No person shall be permitted under loads
handled by power shovels, derricks, or hoists.
To avoid any spillage employees shall be re-
quired to stand away from any vehicle being
loaded.
(i) Daily inspections of excavations shall be
made by a competent person. If evidence of
possible cave -ins or slides is apparent, all
work in the excavation shall cease until the
necessary precautions have been taken to
safeguard the employees.
1926.651 - SPECIFIC EXCAVATION REQUIREMENTS
or in the vicinity thereof at any time during
operations, shall be removed or made safe
before excavating is begun.
(c) The walls and faces of all excavations in
which employees are exposed to danger from
moving ground shall be guarded by a shoring
system, sloping of the ground, or some other
equivalent means.
(d) Excavations shall be inspected by a com-
petent person after every rainstorm or other
hazard - increasing occurrence, and the pro-
tection against slides and cave -ins shall be
increased if necessary.
(s) The determination of the angle of repose
(i)
OCCUPATIONAL SAFETY AND HEALTH
and design of the supporting system shall be
based on careful evaluation of pertinent fac-
tors such as: Depth or cut; possible variation
in water content of the material while the
excavation is open; anticipated changes in
materials from exposure to air, sun, water, or
freezing; loading imposed by structures,
equipment, overlying material, or stored ma-
terial; and vibration from equipment, blast-
ing, traffic, or other sources.
(f) Supporting systems; i.e., piling, cribbing,
shoring, etc., shall be designed by a qualified
person and meet accepted engineering re-
quirements. When tie rods are used to re-
strain the top of sheeting or other retaining
systems, the rods shall be securely anchored
well back of the angle of repose. When tight
sheeting or sheet piling is used, full loading
due to ground water table shall be assumed,
unless prevented by weep holes or drains
or other means. Additional stringers, ties,
and bracing shall be provided to allow for any
necessary temporary removal of individual
supports.
(g) All slopes shall be excavated to at least
the angle of repose except for areas where
solid rock allows for line drilling or pre -
splitting.
(h) The angle of repose shall be flattened
when an excavation has water conditions,
silty materials, loose boulders, and areas
where erosion, deep frost action, and slide
planes appear.
(1) In excavations which employees may
be required to enter, excavated or other
material shall be effectively stored and re-
tained at least 2 feet or more from the edge
of the excavation.
(2) As an alternative to the clearance pre-
scribed in subparagraph (1) of this para-
graph, the employer may use effective
barriers or other effective retaining devices
in lieu thereof in order to prevent exca-
vated or other materials from falling into
the excavation.
181
(p) Diversion ditches, dikes, or other suitable
means shall be used to prevent surface water
from entering an excavation and to provide
adequate drainage of the area adjacent to the
excavation. Water shall not be allowed to
1926.651(p)
1928.651(e)
STANDARDS AND INTERPRETATIONS
(1) Sides, slopes, and faces of all excavations
shall meet accepted engineering require-
ments by scaling, benching, barricading, rock
bolting, wire meshing, or other equally effec-
tive means. Special attention shall be given to
slopes which may be adversely affected by
weather or moisture content.
(k) Support systems shall be planned and
designed by a qualified person when excava-
tion is in excess of 20 feet in depth, adjacent
to structures or improvements, or subject to
vibration or ground water.
(I) Materials use for sheeting, sheet piling,
cribbing, bracing, shoring, and underpinning
shall be in good serviceable condition, and
timbers shall be sound, free from large or
loose knots, and of proper dimensions.
(m) Special precautions shall be taken in
sloping or shoring the sides of excavations
adjacent to a previously backfilled excavation
or a fill, particularly when the separation is
less than the depth of the excavation. Partic-
ular attention also shall be paid to joints and
seams of material comprising a face and the
slope of such seams and joints.
(n) Except in hard rock, excavations below the
level of the base of footing of any foundation
or retaining wall shall not be permitted, un-
less the wall is underpinned and all other pre-
cautions taken to insure the stability of the
adjacent wails for the protection of employees
involved in excavation work or in the vicinity
thereof.
(o) If the stability of adjoining buildings or
walls is endangered by excavations, shoring,
bracing, or underpinning shall be provided as
necessary to insure their safety. Such shor-
ing, bracing, or underpinning shall be in-
spected daily or more often, as conditions
warrant, by a competent person and the pro-
tection effectively maintained.
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1926.651(p) OCCUPATIONAL SAFETY AND HEALTH
- STANDARDS AND INTERPRETATIONS
accumulate in an excavation.
(q) If it is necessary to place or operate power
shovels, derricks, trucks, materials, or other
heavy objects on a level above and near an
excavation, the side of the excavation shall
be sheet - piled, shored, and braced as neces-
sary to resist the extra pressure due to such
superimposed loads.
(r) Blasting and the use of explosives shall be
performed in accordance with Subpart U of
this part.
(i) When mobile equipment is utilized or
allowed adjacent to excavations, substantial
stop logs or barricades shall be installed. If
possible, the grade should be away from the
excavation.
(t) Adequate barrier physical protection shall
be provided at all remotely located excava-
tions. All wells, pits, shafts, etc., shall be
barricaded or covered. Upon completion of ex-
ploration and similar operations, temporary
wells, pits, shafts, etc., shall be backfilled.
(u) If possible, dust conditions shall be kept
to a minimum by the use of water, salt,
calcium chloride, oil, or other means.
(a) Banks more than 5 feet high shall be
shored, laid back to a stable slope, or some
other equivalent means of protection shall
be provided where employees may be exposed
to moving ground or cave -ins. Refer to Table
P -1 as a guide in sloping of banks. Trenches
less than 5 feet in depth shall also be effec-
tively protected when examination of the
ground indicates hazardous ground move-
ment may be expected.
(b) Sides of trenches in unstable or soft
material, 5 feet or more in depth, shall be
shored, sheeted, braced, sloped, or otherwise
supported by means of sufficient strength to
protect the employees working within them.
See Tables P - 1, P - (following paragraph
(g) of this section).
1926.652(d)
182
(v) In locations where oxygen deficiency or
gaseous conditions are possible, air in the
excavation shall be tested. Controls, as set
forth in Subparts D and E of this part, shall
be established to assure acceptable atmos-
pheric conditions. When flammable gases are
present, adequate ventilation shall be pro-
vided or sources of ignition shall be eliminated.
Attended emergency rescue equipment, such
as breathing apparatus, a safety harness and
line, basket stretcher, etc., shall be readily
available where adverse atmospheric condi-
tions may exist or develop in an excavation.
(w) Where employees or equipment are
required or permitted to cross over excava-
tions, walkways or bridges with standard
guardrails shall be provided.
(x) Where ramps are used for employees or
equipment, they shall be designed and
constructed by qualified per=sons in accord-
ance with accepted engineering require-
ments.
(y) All ladders used on excavation operations
shall be in accordance with the requirements
of Subpart L of this part.
1926.652 - SPECIFIC TRENCHING REQUIREMENTS
(c) Sides of trenches in hard or compact
soil, including embankments, shall be shored
or otherwise supported when the trench is
more than 5 feet in depth and 8 feet or more
in length. In lieu of shoring, the sides of the
trench above the 5 -foot level may be sloped
to preclude collapse, but shall not be steeper
than a 1 -foot rise to each '1, -foot horizontal.
When the outside diameter of a pipe is
greater than 6 feet, a bench of 4 -foot mini-
mum shall be provided at the toe of the
sloped portion.
(d) Materials used for sheeting and sheet
piling, bracing, shoring, and underpinning,
shall be in good serviceable condition, and
timbers used shall be sound and free from
large or loose knots, and shall be designed
OCCUPATIONAL SAFETY AND HEALTH
and installed so as to be effective to the
bottom of the excavation.
(e) Additional precautions by way of shoring
and bracing shall be taken to prevent slides
or cave -ins when excavations or trenches
are made in locations adjacent to backfilled
excavations, or where excavations are sub-
jected to vibrations from railroad or high-
way traffic, the operation of machinery, or
any other source.
(f) Employees entering bell- bottom pier
holes shall be protected by the installation
of a removeable -type casing of sufficient
strength to resist shifting of the surround-
ing earth. Such temporary protection shall
be provided for the full depth of that part of
each pier hole which is above the bell. A life-
line, suitable for instant rescue and securely
fastened to a shoulder harness, shall be
worn by each employee entering the shafts.
This lifeline shall be individually manned
and separate from any line used to remove
N•lar Clan, SITU, Issas N
Nw- N•aupa•es fells
Rgelrs Shear. sae frsciq.
TM P • N Ground
w•/•r R•i•frss Special
Trs•1.•al,
Origlea Ors •ee LIM
Table p . 1
APPROXIMATE ANGLE OF REPOSE
FOR SLOPING OF SIDES OF EXCAVATIONS
7.
E `,,
i o Eo o^ S eY io
M . • Y I J
:17
.1 E .
F. yy t
�= f
aw u r:<
o ;
•
183.
S= 1300 -2
Maximum ratio
1926.652 (Table P -1)
1926.652(d)
STANDARDS AND INTERPRETATIONS
materials excavated from the bell footing.
(9)
(1) Minimum requirements for trench
timbering shall be in accordance with
Table P -2.
(2) Braces and diagonal shores in a wood
shoring system shall not be subjected to
compressive stress in excess of values
given by the following formula:
Where:
L= Length, unsupported, in inches.
D= Least side of the timber in inches.
S=.- Allowable stress in pounds per square
inch of cross - section.
1
1
1
1
1
1
1
1
1
1
1
w A IN w .. um we as
Depth of KIM or condition of earth
Wanda
Upright.
Tan. 7-2
100UC8 3001000- 000008 a14O111MIN1a
Minimum Maximum Minimum Maximum
dimension spacing dimension spacing
1
Trench jack, may be used in Leo of, s b combination with, cross bswas.
Wb la
er, drintle, deal required pWng and angle, or turd slag. of equal strength may be wMtlbtd for wood.
Size and spacing of members
Stringer. Cross braces t
Width of trench
Maximum spacing
IIp t` 9 get 0 to 9 0 �9 12 to 10 Vertical Horizontal
test
7aet Inches Feet Indba Feet Inches Inches Inches Inches Luba Feat Peet
4b10 Hard,00mpaot a140r21• 4 .. 204 414 4:4 4 :8 8:4 4 4
Likely to mask 1.4or9:8 9 a:a 4 9011 414 414 818 614 0
Close
m Soft, lardy, oc tilled 11 tor. 16 a 414 4 4.4 4:4 4:4 418 8 :1 4
A
Close
Hydrolatb premium 3:4s 9:8 sheeting 014 4 414 118 4a1 418 4 :4 1
50 to 10 Hard lilac. a4 4 4o4 4 4.4 4.8 114 818 814 1
Likely to crack 4.4or9 :8 2 414 4 414 418 418 418 441 1
Clow
Bolt, sands, or filed I :4 or. 1 4 sheeting a :1 4 4.6 4: 4 414 511 4110 a
Hydrs n
talldpraua gag sheeting •.10 4 a:4 Ilse 408 818 4.10 a
Clow
10 to 90 All kinds or oondItlons • : 4 sheeting 4 1 19 4 4119 4:1 11111 81 10 10114 4
Owe 20 All dada or conditions. - _ •09 Ousting Ousting ki ng 415 4 4119 5 :8 1010 10010 10119
0
0
a
a
H
z
r
01
OCCUPATIONAL SAFETY AND HEALTH
(h) When employees are required to be in
trenches 4 feet deep or more, an adequate
F means of exit, such as a ladder or steps, shall
z be provided and located so as to require no
more than 25 feet of lateral travel.
(i) Bracing or shoring of trenches shall be
carried along with the excavation.
(j) Cross braces or trench jacks shall be
placed in true horizontal position, be spaced
vertically, and be secured to prevent sliding,
falling, or kickouts.
(k) Portable trench boxes or sliding trench
(a) "Accepted engineering requirements
(or practices)" —Those requirements or
practices which are compatible with stand-
ards required by a registered architect, a
registered professional engineer, or other
duly licensed or recognized authority.
(b) "Angle of repose" —The greatest angle
above the horizontal plane at which a mate-
rial will lie without sliding.
(c) "Bank " —A mass of soil rising above a
digging level.
(d) "Belled excavation " —A part of a shaft or
footing excavation, usually near the bottom
and bell- shaped; i.e., an enlargement of the
cross section above.
(e) "Braces (trench)" —The horizontal mem-
bers of the shoring system whose ends bear
against the uprights or stringers.
(f) "Excavation" —Any manmade cavity or
depression in the earth's surface, including
its sides, walls, or faces, formed by earth
removal and producing unsupported earth
conditions by reasons of the excavation. If
installed forms or similar structures reduce
Change 3
185
(I) "Slope" —The angle with the horizontal
at which a particular earth material will
stand indefinitely without movement.
(m) "Stringers" (wales) — The horizontal mem-
bers of a shoring system whose sides bear
against the uprights or earth.
1926.653(m)
192 6.652(h)
STANDARDS AND INTERPRETATIONS
shields may be used for the protection of
personnel in lieu of a shoring system or slop-
ing. Where such trench boxes or shields are
used they shall be designed, constructed,
and maintained in a mariner- which will pro-
vide protection equal to or greater than the
sheeting or shoring required for the trench.
(I) Backfilling and removal of trench supports
shall progress together from the bottom of
the trench. Jacks or braces shall be released
slowly and, in unstable soil, ropes shall be
used to pull out the jacks or braces from
above after employees have cleared the
trench.
1926.653- DEFINITIONS APPLICABLE TO THIS SUBPART
the depth -to -width relationship, an excava-
tion may become a trench.
(g) "Faces" —See paragraph (k) of this
section.
(h) "Hard compact soil" —All earth materials
not classified as running or unstable.
(i) "Kickouts "— Accidental release or failure
of a shore or brace.
(j) "Sheet pile " — A pile, or sheeting, that
may form one of a continuous interlocking
line, or a row of timber, concrete, or steel
piles, driven in close contact to provide a tight
wall to resist the lateral pressure of water,
adjacent earth, or other materials.
(k) "Sides," "Walls," or "Faces" —The vertical
or inclined earth surfaces formed as a result
of excavation work.
1
1
1
1
1
1
1
1
1
1
1
1
■
1
1
1
1
1
I
1
C
r
1
1
■
1
■
■
1
1926.653(n) OCCUPATIONAL SAFETY AND HEALTH
STANDARDS AND INTERPRETATIONS
(n) "Trench " — narrow excavation made
below the surface of the ground. In general,
the depth is greater than the width, but the
width of a trench is not greater than 15 feet.
(o) "Trench jack" —Screw or hydraulic type
jacks used as cross bracing in a trench
shoring system.
(p) "Trench shield " —A shoring system
composed of steel plates and bracing, welded
or bolted together, which support the walls
of a trench from the ground level to the trench
bottom and which can be moved along as work
progresses.
1926.653(t) 186
(q) "Unstable soil" —Earth material, other
than running, that because of its nature or
the influence of related conditions, cannot
be depended upon to remain in place without
extra support, such as would be furnished
by a system of shoring.
(r) "Uprights" —The vertical members of a
shoring system.
(s) "Wales" —See paragraph (m) of this
section.
(t) "Walls" —See paragraph (k) of this section.
BASIS OF MEASUREMENT AND PAYMENT
1
1
1
1
1
1
1
•
1
■
■
1
1
BASIS OF MEASUREMENT AND PAYMENT
WASTEWATER IMPROVEMENTS
Basis of measurement and payment shall be as set forth for each
bid item in the City of Austin Standard Specifications and at the
unit price bid in the proposal section of this document unless stated
otherwise in the contract documents.
WHEREAS, the City of Round Rock has duly advertised for bids for
the East Main Street Wastewater Improvement and
WHEREAS, X JJ ('X/1LJn JLthlUJ�11/LIJ t lflt , has submitted the
lowest and best bid, and l
WHEREAS, the City Council wishes to accept the bid of 7___ _ej
Wll , Now Therefore,
BE IT RESOLVED BY THE .COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
the lowest and best bid, and the Mayor is hereby autho/r�i "z "e"d" and
�n]�� to//�� execute on behalf of the City a contract with / tinA �J
&JYltU.iJtthi) / e/fC, for the East Main Street Wastewater Improvements, said
contract being attached hereto and incorporated herein for all
purposes.
RESOLVED this 10th day of May, 1990.
ATTEST:
RS05100F
1
E LAND, City Secretary
RESOLUTION NO. /46O f
That the bid of /! � ,1.r dhit.is hereby accepted as
we,z_
MIKE ROBINSON, Mayor
City of Round Rock, Texas
oul ter
-
ngineering
COULTER ENGINEERING COMPANY
PO Box2141
309E Main
Round Rock. Texas 78680
(512) 244 -6276
Mr. James R. Nuse, P.E.
Director of Public Works
300 South Blair
Round Rock, Texas 78664
Dear Jim:
JBC /ks
May 8, 1990
Re: East Main to Lake Creek
Wastewater Line Improvements
Sincer
es B. Coulter, P.E.
JAMES B. COULTER, P.E.
Civil Engineering
Land Planning
Construction Inspection
Construction Administration
After reviewing the nine bids received May 1, 1990 on the above
referenced project, I would recommend that award of the contract go
to Kinsel Industries, Inc., the low bidder. The total bid is
$53,250.10. The previously provided bid tabulation sheets detail all
the bids received.
Please feel free to contact me if you have questions or
comments.
• BIDDER
Kinsel Industries, Inc.
d Const. Co.. Tnr.
Re�
nex Cinntrvrrinn Tnr
Cn 7�
Coffee Rgnipment Inr
unecxea By DISC 5/1/90
J.C. Evans Construction
- ITEM
pRICE
TOTAL
PRICE
TOTAL
�T I
ET E
TOTAL
?3R ?CE
TOTAL
nqc
TOTAL
BID SECURITY ENCLOSED?
-
Cashier's Check
Bid Bond
-
Bid Bond
_
Bid Bond
_
Bid Bond
1 /510 -A 1242.1 L.F.
10" WASTEWATER LINE
24.00
29,810.40
33.50
41,610.35
37.00
45,957.70
28.00
34,778.80
36.00
44,715.60
4,359.28
2 /510 -A 128.4 L.F..
8" WASTEWATER LINE
23.00
2,953.20
29.85
3,832.74
34.00
4,365.60
23.60
3,030.24
33.95
3/506 -M 7 EA. 4' DIA.
MANHOLES
950.00
6,650.00
1,321.60 9,251.20
1,000.00
7,000.00
_,335.00
9,345.00
1,500.01
100.01
10,500.00
300.00
4/506 -E 3.0 V.F. 4' DIA.
MANHOLE EXTENSION
80.00
240.00
75.00 225.00
80.00
240.00
160.00
480.00
1 5 /501 95.0 L.F.
I 1 6" BORE
95.00
9,025.00
120.70 11,466
100.00
9,500.00
215.00
20,425.00
160.01
15,200.00
1 6/510-1 30.0 L.F. CONC.
I CAP & ENCASEMENT
18.00
540.00
15.15 454.50
25.00
750.00
36.50
1,095.00 "
30.01
900.00
. 10.0 C.Y.
MORTARED ROCK RIPRAP
165.00
1,650.00
57.61 576.00
100.00
1,000.00
310.00
3,100.00
40.01
400.00
8 /509 -MOD. 1190.75 L.F.
TRENCH SAFETY SYSTEMS
2.00
2,381.50
0.85 1,012.14
2.00
2,381.50 --
- 4.00
4,763.00
- 2.0C
- 2,381.50 -
TOTAL ALL IMPROVEMENTS
-
$53,250.10
- $68,428.43
-
$71,194.80
-
$77,017.04
-
$78,756.28
PROJECT: EAST MAIN TO LAKE CREEK WWL
OWNER: CITY OF ROUND ROCK, TEXAS
DATE: TUESDAY, MAY 1, 1990 @ 2:00 P.M.
ci oulicz
ngineering
COULTER ENGINEERING COMPANY
P O. Bat 2141
Haunt Hock. Toss 78690
(51212" -8276
BID TABULATIONS
JOB NO.
CE -158
Sheet 1 of 2
•
O-JDLR
Parker 6 Rogers
Rhode Construction Co.
Capitol Utilities
Austin Engineering
ITEM
n gie TOTAL
3R± E
TOTAL
p
TOTAL
RTE..
TOTAL
TOTAL
BID SECURITY ENCLOSED?
-
Bid bond
Bid Bond
Bid Bond
Bid Bond
-
11 /510 -A 1242.1 L.F.
10" WASTEWATER LINE
38.00
47,199.80
44.00
54,652.40
50.60
62,850.26
77.00
95,641.70
2/510 -A 128.4 L.F.
8" WASTEWATER LINE
36.00
4,622.40
42.75
5,489.10
48.60
6,240.24
50.00
6,420.00
, 1 3/506 -M 7 EA. 4' DIA.
MANHOLES
1,200.00 8,400.00
1,200.0C
8,400.00
1,250.00
8,750.00
2,000.001 14,000.00
•
4 /506 -E 3.0 V.F. 4' DIA.
;MANHOLE EXTENSION
100.00 300.00
90.0C
270.00
110.00
330.00
200.00
600.00
:5/501 95.0 L.F.
!16" BORE
130.001 12,350.00
146.00
13,870.00
150.00
14,250.00
100.00 9,500.00
-
16 /510 -I 30.0 L.F. CONC.
C_' & ENCASEMENT
I
30.001 900.00
55.00
1,650.00
95.00
1,650.00
40.0C 1,200.00
7/622-MOD- 10_0 C.Y.
MORTARED ROCK R -TPRAP
300.001 3,000.00
200.001 200.00
425.001 4,250.00
120.00 1,200.00
8/509 -MOD. 1190.75 L.F.
TRZ'ICE S"-^E`Y SYSTEMS
2 2,381.50
1.00
1,190.75
2.001 2,381.50
f
8.001 9,526.00
- '-
TOTAL ALL IMPROVe 7.•E'NTS
- $79,153.70
-
$87,522.25
$100,702.00
- $138,087.70
?ROJ -EC": EAST MAIN TO LAKE CREEK WWL
'USvNIER: CITY OF ROUND ROCK, TEXAS
DATE: TUESDAY, MAY 1, 1990 @ 2:00 P.M.
61.12.4
ngineenng
COUCT ENGINEBBING COMPANY
PC. B , 2u1
goon Ao,, asu 7g6aO
(51212.
BID TABULATIONS
JOB NO.
CE -158
Sheet 2 of 2
•
DATE: May 8, 1990
SUBJECT: City Council Meeting, May 10, 1990
ITEM: 13F. Consider a resolution authorizing the Mayor to enter
into a contract for the construction of the East Main
Street Wastewater Improvements.
STAFF RESOURCE PERSON: Jim SSE
STAFF RECOMMENDATION: On May 1, 1990 at 2:00 P.M. bids were opened for the
construction of a Wastewater Line between Maint Street and Lake Creek.
The references are currently being checked and a recamiendation will be
made at the meeting on May 12, 1990.
t; , _ - >