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R-90-1514 - 9/27/1990ACINUIe CERTIFICATE OF INSURANCE — I S$DE DATE (MM /DD /YY) ..,. x11/09/90 MM PRODUCER TX WORKER'S COMPENSATION ASSIGNED RISK POOL C/O TRAVELERS -P.O. BOX 660452 DALLAS, TX 75266 - 0452 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 THE TRAVELERS INDEMNITY LETTER A COMPANY OF RHODE ISLAND COMPANY B LETTER INSURED REDDICO CONSTRUCTION CO., INC. P.O. BOX 3549 CONROE, TX 77305 COMPANY LETTER C COMPANY LETTER D COMPANY E LETTER k•P ∎114:LSH4-11 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 - - - CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DE/NY) LIMITS GENERAL LIABILITY COMPREHENSIVE FORM PREMISES /OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPER. CONTRACTUAL INDEPENDENT CONTRACTORS BODILY INJURY OCC, $ BODILY INJURY AGG $ PROPERTY DAMAGE OCC. $ PROPERTY DAMAGE AGG $ BI & PD COMBINED OCC. $ BI & PD COMBINED AGG $ PERSONAL INJURY AGG. $ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS ( Priv Pass ) ALL OWNED AUTOS Oleer Taan AUTOS ( Pass. ) HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY BODILY INJURY (Per Person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ BODILY INJURY & PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE _ $ A WORKER'S COMPENSATION AND 63E- EMPLOYERS' LIABILITY UB- 929J106 -9 -90 01/08/90 01/08/91 I STATUTORY LIMITS EACH ACCIDENT $ J U U, U U U $ 50 -0000 DISEASE — POLICY LIMIT DISEASE —EACH EMPLOYEE S r OTHER DESCRIPTION RE: CERTIFICATE CITY 221 ROUND ACORD OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS NORTH MAYS 12' WATER LINE IMPROVEMENTS HOLDER OF ROUND ROCK (1368) EAST MAIN ROCK, TX 78664 25 (7/90) 1 CANCELLATION SHOULD EXPIRATJON MAIL LEFT, LIABILITY 1'L:XAS I ANY OF THE DATE U DAYS WRITTEN ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. _ 3 BUT FAILURE OF ANY KIND . �i:�Q / CACORD CORPORATION 1990 1 /5/4R 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 noulter - Engineering P.O. Box 2141 Round Rock, Texas 78680 (512) 244 -6276 Mr. Jim Coulter Coulter Engineering P. 0. Box 2141 Round Rock, Texas 78680 Dear Jim, w /attachments (5) /kac REDOICO CONSTRUCTION COMPANY, INC. Re' North Mays, 12" Water Line Improvements Enclosed please find (5) five executed contracts for Owners signature. Please note blanks to be filled in for date on the Bonds and Agreement page. If you have any questions, please do not hesitate to call me at 244 -6603. 4125 AIRPORT ROAD P O. BOX 3549 CONROE, TEXAS 77305 (HOUSTON) 713-350-1668 (CONROE) 409. 539.6500 CONROE FAX (409) 750.3845 15212 RANCH ROAD 620 AUSTIN, TEXAS 78717 (512) 244.6603 AUSTIN FAX (512) 388 -2643 Member October 31, 1990 erely, thy Comer 171 N1ST h Pl -e <2S / 0.�aT rh JS Z": 5 ra.-. r C • j %C6T� Td . pour Car/ (2 / e // 44frA ,41i/s / 2 w 1:et p ih f T `/ idV!lY Cyr> C O .l7 Ae f 1 r 1 .1 1 1 1 1 .1 1 1 1 1 1 1 1 NORTH MAYS 1$" WATER LINE IMPROVEMENTS CONTRACT DOCUMENTS AND SPECIFICATIONS JOB NO. CE- 159 -89 Bids will be received at The City Managers Office 221 East Main, Round Rock, Texas 78664 until 10:00 A.M., September 17, 1990 Specification No. : s Jr AME 8. COULTER V213 y 57922 a CC/STE S Va 41. TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS PROPOSAL AND BIDDING SHEET AGREEMENT PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CERTIFICATE OF INSURANCE INFORMATION REQUIRED OF LOW BIDDER GENERAL CONDITIONS OF AGREEMENT SPECIAL CONDITIONS OF AGREEMENT TECHNICAL SPECIFICATIONS BASIS OF MEASUREMENT AND PAYMENT NOTICE TO 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 NORTH MAYS 12" WATERLINE IMPROVEMENTS (work consists of approximately 860 linear feet of 12" waterline and appurtenances) will be received until 10:00 A.M., September 17, 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 September 5, 1990, for a nonrefundable deposit of twenty -five dollars ($25.00) per set. Checks are to be made to Coulter Engineering. 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: Round Rock Leader - September 3 and 10, 1990 Austin American Statesman - September 2, 9 and 16, 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: "NORTH MAYS 12" WATERLINE IMPROVEMENTS to be opened at 10:00 A.M., September 17, 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 1. of contract to him. Provided however, if the contract price is less than $50,000.00, the bidder shall have the option of providing a letter of credit in lieu of a performance bond, said letter of credit to be in a form acceptable to the City of Round Rock. The notice of award of contract shall be given by the Owner within sixty (60) days after the bid opening. The bid security must be enclosed in the 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 . 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: WATER IMPROVEMENTS JOB NAME: NORTH MAYS 12" WATERLINE IMPROVEMENTS JOB LOCATION: EAST SIDE OF NORTH MAYS BETWEEN OLD BOWMAN AND BOWMAN ROADS, 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 superintendance, labor, machinery equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of North Mays 12" Waterline 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: WATER IMPROVEMENTS Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1. 867 L.F. Pipe, 12" diameter (All Depths), complete in place, per linear foot for�li4 -/ L Dollars 90 and "Z• Cents $39. $3 s9i. 2. 1 EA. 12" X 16" tapping sleeve and 12" tapping valve, complete in place, per each for /f94,, 70/!/.dv ,/Dollars and /Lc) Cents $.3D40. ou $5,000.00 3. 1 EA. 12" wet connection, complete in place, per each /, 4.../f . p ollar f or NG u� irc Dollars �o and Np Cents $ .(.fall. $4 4. 1 EA. 8" wet connection, complete in place, per each for Dollars and Na _ Cents $/ OdO. - $ / 000. 1 1 11 11 11 11 I1 I1 1 1 1 1 1 � 1 1 1 1 1 1 1 1 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 5. 1 EA. 6" wet connection, complete in place, per each for � /J /p /� Q/l./yy / Dollars and No Cents Won. $/000.0 6. 2 EA. 5 1/4" fire hydrant, including 6" D.I. lead, complete in place, pert / each I72 for 2V 04464 and NJ Cents $/d0a 1- %PPM. db 7. 1 EA. 12" gate valve, including box, cover and extension, complete in place, per each 11. for and rl /.1 114011/.dHi. Dollars No Cents $ / ODD• $ 00.40 8. 1 EA. 8" gate valve, including box, cover and extension, complete in place, per each All , g if/ dwhoJ Dollars o, and /Ud Cents $SILO. " $SDD. a 9. 3 EA. 6" gate valve, including box, cover and extension, complete in place, per each /O' for Wf il/undYI Dollars oe and /Uo Cents $ (oo. 10. 1.1 Ton cast iron fittings, complete in place, per ton $,/,740. OD for-7c/ laiii#w14P D � and NO Cents $41441_ $ Ode. 4 1 EA. 1 1/2" double water service, compi in place, per each fortglirvtltudi; l Dollars o0 and 4i,) ' Cents $ lo . V $ lS7I 04 12. 1 EA. 1" single water service, complete in place, per each for ,C;;141 ni / w.01 Ii � �1Dollars s0 and 1/0 Cents $ SSQ. $ SSW. gD tl, 1 1 I . 1 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 13. 300 L.F. open cut and repair streets and driveways, complete in place, per linear foot for /it /d, Dollars and A/o Cents 14. $ $‘9,400.00 L.S. trench safety design and implementation, complete in place, per lump sum for{ „lu fie tha��.dollars and No Cents $ .i7 so $ TOTAL ALL IMPROVEMENTS: $ Sy 1.23.30 1 1 11 11 11 SUBMISSION OF THE PROPOSAI In accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by: N -me of Contractor Address Ws N City ATTEST: E *ecuted by (Sig. -ture) /.ro2 /2 2iu!r /IdAG( 6oz o A giV,0 " Van/ County (Seal if Bid is by a Corporation) Date Title or Position 47,0 ,21,'9=460,3 Telephone 7,7/7 State Zip Code 9 -i7- 9a 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON es i J ' AGREEMENT THIS A REEMENT, made and entered into this I.-) day of Q�{(PIYI / , 1990, A.D. by and between The City of Round Rock of the City of Round Rock, the County of Williamson, and the State of Texas, acting through its Mayor MIKE RQR /NSOA) thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and REDDICO CONSTRUCTION COMPANY, INC. of the City of CONROE , County of MONTGOMERY and State of TEXAS , 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: NORTH MAYS 12" WATERLINE IMPROVEMENTS further described as the work covered by this specification consists of furnishing all labor, equipment, appliances, and materials, and performing all operations in connection with the excavation, installation of pipe lines and appurtenances, backfilling and compaction of trenches complete in accordance with the Plans, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by COULTER ENGINEERING, 309 East Main, Round Rock, Texas 78664, herein entitled the ENGINEER, each of which had been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment and Maintenance Bonds hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) days after the date written notice to do so shall have been given to him, and to complete the same within 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: 7,101,14 /VIM FOB/Also/ im yo/' ATTEST: ATTEST: MJ 4NN6 LA- D C17y s6c,e67ATN (Corporate Seal) REDDICO CONSTRUCTION COMPANY, INC. Party of the Second Part (CONTRACTOR) B y : ��,�� (The following (�to,�be� U1 executed if the ontractor is a Corporation). I, CO 1rUI , certify that I am the Secretary of the Corporation n med as Contractor herein; s*e c. 'ReA , who signed this that 6� Contract on behalf of the Contractor was then e3\C��1t (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 co 6..k409. rporatee powers. Signed: J THE STATE OF TEXAS COUNTY OF WILLIAMSON Bond No. 29 - 0125 - 10495 - 90 - 4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT REDDICO CONSTRUCTION COMPANY, INC. of the City of CONROE County of MONTGOMERY , and State of TEXAS as principal, and FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF ROUND ROCK (OWNER), in the penal sum of FIFTY - FOUR THOUSAND, TWO HUNDRED TWENTY - THREE AND NO /100 Dollars ($ 54,223.00 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 day of , 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. (NORTH MAYS 12" WATERLINE 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 provisoes of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this the day of 1990. REDDICO CONSTRUCTION COMPANY, INC. Principal By: Title: Resin -ENT Address: P.O. Box 3549 Conroe, Texas 77305 The name and address of the Resident Agent of Surety is: Houstoun Woodard and Associates, Inc. dba Tarpey and Company 4544 Post Oak Place Drive, Suite 378, Houston, Texas 77027 License No. 0111460 FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. Surety � • A • B y Andre . da ': r � Title: Attorney - in - Fact Address: 4544 Post Oak Place Dr., #378 Houston, Texas 77027 THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK PAYMENT BOND THOUSAND, TWO HUNDRED TWENTY -THREE AND NO /100 of the City of Bond No. 29 -0125- 10495 -90 -4 KNOW ALL MEN BY THESE PRESENTS, THAT REDDICO CONSTRUCTION COMPANY, INC. CONROE County of MONTGOMERY , and State of TEXAS as principal, and FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto (OWNER), in the penal sum of FIFTY - FOUR Dollars ($ 54,223.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the ) -- day of L tLaULITLAUL■ , 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. (NORTH NAYS 12" WATERLINE 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 liabilities on this bond shall be determined in accordance with the provisons of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this the day of 1990. REDDICO CONSTRUCTION COMPANY, INC. Principal By: Cl2r. --/f By Title: RE51 OEAIT Address: P.O. Box 3549 Conroe, Texas 77305 FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. Surety r y i Title: Attorney -in -Fact -- �- Janda Address: 4544 Post Oak Place Dr., #378 Houston, Texas 77027 The name and address of the Resident Agent of Surety is: Houstoun Woodard and Associates, Inc. dba Tarpey and Company 4544 Post Oak Place Drive, Suite 378, Houston, Texas 77027 License No. 0111460 THE STATE OF TEXAS COUNTY OF WILLIAMSON MAINTENANCE BOND Bond No. 29 -0125- 10495 -90 -4 KNOW ALL MEN BY THESE PRESENTS, that we REDDICO CONSTRUCTION COMPANY, INC. , aS Principal, and FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. , a Corporation duly 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 FIFTY -FOUR THOUSAND, TWO HUNDRED TWENTY -THREE AND NO/100-- $54,223.00- , which payment will and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed NORTH MAYS 12" WATERLINE 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 may become apparent during said period; NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if said Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the Owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 1990. FIDELITY AND GUARANTY INSURANCE REDDICO CONSTRUCTION COMPANY, INC. UNDERWRITERS, INC. Principal Title: ReES /OAT Address: P.O. Box 3549 Conroe, Texas 77305 License No. 0111460 By: Surety 4544 Post Oak Place Drive, Suite 378, Houston, Texas 77027 anda v �- J ti Attorney -in -Fact 4 -4 Title: v Address: 4544 Post Oak Place Dr., #378 Houston, Texas 77027 The name and address of the Resident Agent of Surety is: Houstoun Woodard and Associates, Inc. dba Tarpey and Company FS 81 (9 -84) KNOW ALL MEN BY THESE PRESENTS: CERTIFIED COPY GENERAL POWER OF ATTORNEY NO. FG 138 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 this 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 . FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. (SEAL) (Signed) STATE OF MARYLAND BALTIMORE CITY ss: (Signed) By My Commission expires the first day of July, 19 90 (SEAL) (Signed) William F. Spliedt Vice- Presrdent L. L. Hupfer Margaret M. Hurst Assistant Secretary 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 1 am personally acquainted, who being by me severally sworn, said that they, the said William F. Spliedt , 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. NOTARY PUBLIC 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, John F. Rou exas Jr. , Sue Kohler and Virginia J. Witty , authorizing and empowering them Ho T to sign bonds as therein set forth, 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. 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 CLAM THAT YOU HAVE FILED, C E C,T THE AGENT OR WRITE THE COMPANY THAT ISSUED THE BOND. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE HOARD OF INSURANCE, P.O. BOX 149091, AUSTIN, TEXAS 78714 -9091, FAX # (512) 475- 1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION a LY AND DOES NOT BECOME A PART OR QDNDITICN OF THIS BODED: ac1Ol:I). CERTIFICATE OF INSURANCE 1 ISSUE DATE WM /DDNY) j 10/6/90 PRODUCER THIS ' NO ' EXTEND CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Houstoun, Woodard , r. Associates __ .__ _ __ _ ___ ___ • _ COMPANIES AFFORDING COVERAGE 4544 Post ❑a4: Place Dr., *4378 Houston, Texas 77027 -4137 �_ __ _ _ • (713) 626 -4544 COMPANY A LETTER Crum 1' Forster Broup COMPANY B USF ?:G —J INSURED LETTE _ -_ COMPANY __ _ _ _____ ___ _ Reddico Construction Co., Inc. LETTER C F. O. Elo;: 3549 COMPANY D Conroe, Tx 77305 LET ER _ _ _ _____ COMPANY —._ LETTER E 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, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _EXCLUSIONS CO TYPE OF INSURANCE j POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR ' DATE (MM /DDNY) DATE (MM /DDNY) GENERAL LIABILITY — I GENERAL AGGREGATE r r' , 000 5 ), COMMERCIAL GENERAL LIABILITY 11 1 01 / 01 / 90 01/01 / 91 PRODUCTS- COMP /OPS AGGREGATE Ste. 0 0 0 r I CLAIMS MADE OCCUR. PERSONAL & ADVERTISING INJURY S i i 0001 OWNER'S & CONTRACTOR S PROT, 4 _ - I EACH OCCURRENCE ____ i 000 FIRE DAMAGE (Any one fire) - $ 50 4 — ; MEDICAL EXPENSE (Any one person) S 5 AUTOMOBILE LIABILITY COMBINED 1 01 /01/91 5 ; _ X ANY AUTO =: 59��70190) 1 01/01 /90 LIMIT _I 1,00() _ ALL OWNED AUTOS 1 1 ODRY $ SCHEDULED AUTOS 1 I ■ (Per person) ,__,)( HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS ) , (Per accident) _ ' GARAGE LIABILITY _ - - -- __ PROPERTY S H DAMAGE _�___ 1 — ^^ �. .___.^_ __ ___.� _. - _ _ EXCESS LIABILITY EACH , _ _ AGGREGATE _.. OCCURRENCE A- -X I 5 493795 -7 01/01/90 /91 . $ $ OTHER THAN UMBRELLA FORM I 1000 1 c(00 WORKER'S COMPENSATION STATUTORY 01/01/90 01/01/91 I$ (EACH ACCIDENT) AND Issued Hy Co. I $ (DISEASE — POLICY I- LIMIT) EMPLOYERS' LIABILITY $ (DISEASE —EACH EMPLOYEE OTHER I I j I I DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS RE: "North Mays 12" Waterline improvements HOLDER _.. CANCELLATION _ _CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Round Rock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 221 East Main MAIL ''' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Round Rock, Texas 78664 -4 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI ITY OF ANY KIND UPON THE PANY, ITS AGENTS OR REPRESENTATIVES AU O IZED RE S 1 I ' AA, rvt. ACORD 25 -S (11/89) ()ACORD CORPORATION 1989 ACORD 24 AA0Ifl 0 PRODUCER Houstoun, Woodard & Associates 4544 Post Oak Place Dr., #378 Houston, Texas 77027 -4137 (71:3)626-4544 CERTIFICATE OF INSURANCE INSURED City of Round Rock 221 East Main Round Rock, Texas 7)3664 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 LETTER A USF'l1 COMPANY EI LETTER COM PANY `. LETT ■ COMPANY D LETTER COMPANY E LETTER ISSUE DATE (MM /DD/YY) 10/6/90 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 t CO POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER ALL LIMITS IN THOUSANDS LTR { DATE (MWDO/YY) , DATE (MWDD/YY) { GENERAL LIABILITY I GENERAL AGGREGA $5 1( ) (i ' 'COMMERCIAL GENERAL LIABILITY OCF'1225621000 10/25/90 06/25/91 I PRODUCTS.COMPIOPS AGGREGATE S CLAIMS MADE _OCCUR. I PERSONAL & ADVERTISING INJURY S I I X OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE r $50o r ( FIRE DAMAGE (Any one fire) �_ MEDICAL EXPENSE (Any one person) S -- F 1 AUTOMOBILE LIABILITY I t COMBINED SINGLE S i ANY AUTO LIMIT ' 1 L ALL OWNED AUTOS —LIMIT 1 INJURY S __ ' SCHEDULED AUTOS ! I (Per person) -1 1 HIRED AUTOS BODILY ■ 1 I- -- INJURY $ ] NON -OWNED AUTOS L (Per accident) _ 1 GARAGE LIABILITY PROPERTY S 1 + { DAMAGE I EACH AGGREGATE i } L EXCESS LIABILITY OCCURRENCE { $ S BOTHER THAN UMBRELLA FORM STATUTORY OTHER WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS RE: "North Mays 12 Waterline Improvements (EACH ACCIDENT) I $' I I (DISEASE — POLICY LIMIT) $ (DISEASE —EACH EMPLOYEE) CERTIFICATE HOLDER CANCELLATION City of Round Flock 221 East Main Round Rock. Texas 76664 ACORD 25 -5 (11/89) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. RIZED RERRESENTATIIV P i kA . CORD CORPORATION 1989 CERTIFICATE OF INSURANCE TO: The City of Round Rock Date: Description of Work: THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. TYPE OF POLICY EFFECTIVE EXPIRATION INSURANCE NO. DATE DATE LIMITS OF LIABILITY Workman's Statutory, State of Compensation Texas, $ Employer's Liability Comprehensive Bodily Injury General $ ea person Liability $ ea accident Includes Contractual _Liability Covers Property Damage Independent $ ea person _Contractors $ ea aggregate Owner's Bodily Injury Protective $ ea person $ ea accident Property Damage $ ea accident $ aggregate Comprehensive Bodily Injury Automobile $ ea person Liability $ ea accident Owned Vehicles Property Damage Hired $ ea accident Vehicles Non -owned Vehicles Includes Contractual _ Liability The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. (Name of Insurer) By: Title: Address: Page 2 of 2 The low bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name (2) Address (3) Phone Number (4) Type of firm: ( ) Individual, ( ) Partnership, ( ) Corporation Corporation organized under the laws of the State of List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (5) (6) ( ( (9) INFORMATION REOUIRED OF LOW BIDDER 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 Payment of taxes, in the State of Yes No (10) 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 GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Pace 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. 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 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 6.01 Contractor's Indemnity Provision 15 6.02 Workmen's Compensation Insurance 15 6.03 Comprehensive General Liability Insurance 15 6.04 Owner's Protective Insurance 16 6.05 Comprehensive Automobile Liability Insurance 16 6.06 Insurance Certificate 16 7. TERMINATION OF CONTRACT 16 7.01 Right of Owner to Terminate 16 7.02 Right of Contractor to Terminate 17 7.03 Removal of Equipment 17 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 17 8.01 Notification of Contractor 17 8.02 Retention of Contractor's Equipment and Materials by Owner 17 8.03 Methods of Completing the Work 18 8.04 Final Acceptance 18 8.05 Disposition of Contractor's Equipment 18 9. MEASUREMENT AND PAYMENT 19 9.01 Character of Measurements 19 9.02 Estimated vs. Actual Quantities 19 9.03 Payment 20 9.04 Monthly Estimates and Payments 20 9.05 Certificates of Completion 20 9.06 Final Estimate and Payment 20 9.07 Notarized Affidavit 21 9.08 Release of Liability 21 9.09 Contractor's Obligation 21 9.10 Payments Withheld 21 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT 1.01 Calendar Day. A calendar day shall be the 24 hour period from one midnight to the next consecutive midnight. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Special Conditions of the Agreement; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Engineer. "Engineer" shall mean Coulter Engineering, or such other Engineer, supervisor, or inspector who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner" shall mean 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. 1 1 1 1 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. 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 2.04 1 1 1 3. regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense. 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 Licenses, Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Keeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with three (3) sets of executed Plans and Specifications without expense to him, and the Contractor shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the 4. meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15 %. 5. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foremen, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expenses; (f) all incidental expenses incurred as a direct result of such extra work including sale or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Owner, nor shall he assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Owner. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 6. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. 2.21 Completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. The provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage 7. through the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.25 Sanitary Facilities. Necessary sanitary toilet facilities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, machinery, supplies and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished 8. and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the performance and payment bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. 3.03 Contractor's Ability to Perfor%. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 "Termination of Contract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superintendent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any 9. dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in anyway connected with the performance of this Contract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in conneciton with the performance of this contract unless necessary to its performance, and in that event the Contractor shall provide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, and Municipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. 3.08 Barricades. When barricades are used to satisfy safety requirements, such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special Conditions of these Contract Documents. The Contractor shall pay not less than the general prevailing wages shown on said scale and shall keep accurate wage records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice thereof from the contracting Officer, forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the 10. Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or inspector shall have no power to waive the obligations of this Contract for the furnishing by the contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor, or inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however that the Engineer, supervisor, or inspector shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineeer, supervisor, or inspector such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet with the specifications for the work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 Site Clean U. 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 12. the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence and in such manner as shall be most conducive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion herein designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday, and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by 13. this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as a penalty but as liquidated damages, the sum per day given in the following schedule: Amount of Contract Less than $ 5,000.00 $ 5,000.00 to $ 15,000.00 $ 15,000.01 to $ 25,000.00 $ 25,000.01 to $ 50,000.00 $ 50,000.01 to $ 100,000.00 $ 100,000.01 to $ 500,000.00 $ 500,000.01 to $1,000,000.00 $1,000,000.01 to $2,000,000.00 $2,000,000.01 to $5,000,000.00 14. Amount of Liquidated Damages Per Dav $ 30.00 $ 35.00 $ 40.00 $ 50.00 $ 70.00 $200.00 $300.00 $400.00 $500.00 6. INDEMNITY 6.01 Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgements, decrees, and expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, workers, material persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontractors or their employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: 15. Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 accident 6.06 Insurance Certificate. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04 and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given 10 days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resources or remedy give the Contractor written notice of termination of the employment of the Contractor 10 days subsequent to such notice. Immediately following such date the Owner may take possession of the site of the work and all material, equipment, tools, and appliances 16. thereon and may finish the work in accordance with the provisions of Section 8 "Abandonment of Contract by Contractor ", of these General Conditions. 7.02 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. balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Estimated vs. Actual Ouantities. Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract documents; provided, however, that if the actual quantitiy of any item should become as much as 25 percent more than or 25 percent less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below 25 percent of the estimated quantity prior to initiating work or 19. furnishing materials for the overrun or underrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirements of the Engineer. 9.04 Monthly Estimates and Payments. On or about the first day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor 95 percent of the amount of such estimated sum on or before the 15th day of said month. It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed, the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accordance with the plans, specifications and Contract. If so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued, the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. 20. The Owner shall pay the Contractor within fifteen (15) days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior correction absence of estimates, evidence of estimates and payments shall be subject to in the Final Estimate and payment; but in the error or manifest mistake, it is agreed that all when approved by the Owner, shall be conclusive the work done and materials furnished. 9.07 Notarized Affidavit. Before Final Payment for the work by the Owner, the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for any thing done or furnished for or relating to the work or for any act or neglect of the Owner or of any person relating to or affecting the work. 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the Final Payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. 9.10 Payments Withheld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly to subcontractors or for material or labor. d. Damage to another contractor. 21. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 22. SPECIAL CONDITIONS OF AGREEMENT 1. CROSSING UTILITIES SPECIAL CONDITIONS OF THE AGREEMENT Every attempt has been made to locate existing utility lines. However, prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 2. "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall deliver this correctly marked set of drawings to the Engineer. 3. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, contractor will make arrangements with Owners of utilities. Owner will not be liable for damages on account of delays due to changes made by Owners of privately owned utilities which hinder progress of work. 4. LIMIT OF FINANCIAL RESOURCES It shall be understood by all that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this Contract. Unit prices for all items previously approved in this Contract shall be used to delete or add work per change order. 5. CONSTRUCTION INSPECTION The Owner at his option, may provide an inspector to review the quality of materials and workmanship. 1. 6. COORDINATION WITH UTILITY COMPANIES The Contractor shall be responsible for contacting the appropriate utility company when working in the vicinity of its facilities to ensure safety and guard against damage. The following are names and phone numbers for the various companies: 1. Lone Star Gas - Transmission Lines: (817) 778 -8700 Bob Andrews - Distribution Lines: (512) 244 -3652 Darryl Harris 2. Bell Telephone - (512) 870 -5977 James Kokel 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 five (5) counterpart (original signed) sets. Owner will furnish Contractor three (3) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 9. UTILITY SERVICES FOR CONSTRUCTION AND TESTING The Contractor will be responsible for providing his own utility services during construction and testing. No additional payment will be made for this item. 10. UTILITY APPURTENANCES ADJUSTMENTS The Contractor shall, as his own expense, raise the manhole covers and valve boxes to the finished paved street grade. All manhole covers and valve boxes within the proposed street paving area shall be constructed six (6) inches below the subgrade of the street and raised to finished street grade prior to paving. 2. In unpaved areas, manhole covers and valve boxes shall be raised by the Contractor, at his own expense, to two (2) inches above natural ground. 11. CONSTRUCTION STAKING The Contractor shall provide construction staking for this project. 12. BLASTING When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, explosives and Federal, State, The following State and Local including methods of storing and handling highly flammable materials, shall conform to and Local Laws and Ordinances. is a list of requirements in addition to Federal, Laws and Ordinances: 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300,000 for each contract, at least twenty -four (24) hours prior to using explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The Contractor shall notify the City of Round Rock on every occasion at least twenty -four (24) hours prior to the use of explosives. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineer. 4. During blasting, all reasonable precautions shall be taken to protect- pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the Owner or his agent, the permit, or by safe blasting practices. 5. The Engineer or his representatives shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 6. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. 3. The Contractor is fully responsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. 13. COORDINATION BETWEEN UTILITY CONTRACTOR & STREET CONTRACTOR The streets will be excavated and bladed by the street paving Contractor to the subgrade prior to the utility Contractor beginning his gravity sewer line and water line construction operations in the street right -of -ways. Upon completion of the gravity sewer line and water line and storm sewer construction, the utility Contractor shall dress and blade the street to upgrade to the same condition it was in when accepted by the utility Contractor and to the satisfaction of the street paving Contractor and the Engineer. The utility Contractor shall, at his own expense, raise the gate valve boxes and manhole frames and covers to the finished paved street grade. All gate valve boxes and manhole frames and covers within the proposed street paving area shall be constructed 6- inches below the subgrade of the street. It shall be the responsibility of the paving Contractor to verify with the utility Contractor that all utility castings in the area have been raised or that no valve box, clean -out covers or manhole covers need to be adjusted. This shall be obtained in writing 48 hours prior to placing any curb and gutter, concrete valley gutters and final pavement (concrete or asphalt) and a copy shall be provided for the Engineer. Each Contractor shall be fully responsible for verifying the existence of all property corners before commencing work. Any missing property pins shall be replaced by the Engineer at the expense of the previous Contractor. 14. MONTHLY PAYMENT ESTIMATES Owner shall pay for 90% of materials on hand when properly stored on the jobsite. When payment for materials on hand has been paid by the Owner to the Contractor, the Contractor shall furnish evidence the following month that he had paid for those materials prior to the following month's monthly estimate being approved for payment. 15. 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 5. 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. 7. 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 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. 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. 20. 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 . 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. 1. 2. No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the 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. 3. All testing shall be made by an independent laboratory at the Owner's expense. An authorized representative of the Owner shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. 4. Pavement surface shall be Type "D" hot -mix, hot -lay asphaltic concrete with a minimum asphalt content of 5 %. 5. Backfill behind curbs shall be compacted to obtain a minimum of 95% of maximum density. Material used for curb backfill shall be primarily granular (clay materials with higher P.I. than 35 are prohibited) and free from boulders and clods larger than 6" in their greatest dimension. Refer to Standard Detail No. 1 - "Pipe Bedding" for backfill procedures. 6. For Item No. 203 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. Sewer pipe shall be PVC SDR -35 unless shown otherwise. 2. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City shall be present when such tests are made. 3. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required and furnish all material and equipment for same. 3. 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. 2. Safety 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. 3. Trench Safety Plan TRENCH SAFETY SYSTEMS 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. The plan shall be prepared and sealed by a Professional Engineer, registered in the State of Texas and qualified by experience to design such systems. The plan shall contain as a minimum the following: 1. A plan or other designation of the areas in which each type of system shall be used. 2. Drawings, manufacturer's data, or other method of identifying the various elements of the system 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 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. 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. 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. r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1926.650 1926.651 1926.652 1926.653 OCCUPATIONAL SAFETY AND HEALTH SUBPART P- EXCAVATIONS, TRENCHING, AND SHORING General protection requirements. Specific excavation requirements. General trenching requirements. Definitions applicable to this subpart. 179 Subpart P STANDARDS AND INTERPRETATIONS • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1926.650(a) OCCUPATIONAL SAFETY AND HEALTH 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 1926.651(e) 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. (9) 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 (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 180 or in the vicinity thereof at any time during operations, shall be removed or made safe before excavating is begun. (e) 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 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. (i) (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 19 26.651(e) STANDARDS AND INTERPRETATIONS (j) 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 walls for the protection of employees involved in excavation work or in the vicinity thereof. (e) 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. (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) 1926.651(p) 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. (s) 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 backfitled. (u) If possible, dust conditions shall be kept to a minimum by the use of water, salt, calcium chloride, oil, or other means. 1926.652 - SPECIFIC TRENCHING REQUIREMENTS (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 -2 (following paragraph (g) of this section). OCCUPATIONAL SAFETY AND HEALTH (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 persons 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. (e) 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 4: -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 1926.652(d) 1 82 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 CrIfiNl Grate/ LIN Table p Male clays, SIIN. Lean at NMI- HSasdaa.aa falls E Require Skala, sad Ikeda f. ,, Promise Prala N Cawed n o Water HNawaa !petal a. TresInset. t . w2 APPROXIMATE ANGLE OF REPOSE FOR SLOPING OF SIDES OF EXCAVATIONS aw 183 (9) (1) Minimum requirements for trench timbering shall be in accordance with Table P -2. 1926.652(d) STANDARDS AND INTERPRETATIONS materials excavated from the bell footing. (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: Maximum ratio 1 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. S= 1300 -2 l e • 1926.652 (Table P -1) EN M — — — — — — — — — — — — — — — - - - - Peet Uprlebta TA1rs P -9 MONDE ®Oaa0 - 11112011014 1:00x1 :M:N11 II Trench jeoka may be need In lieu of or In combination with, owes brims. w Shoring Is not required In solid ok, bard gala, or hard slag. When dWnbls, steel sheet pUlog and besting of equal strength may he substituted /or Tod. SW end spacing of member Stringers Cana braces u Depth of Wind or condition of earth Wench Width of truth Minimum Maximum Minimum Maximum dimension swing dimension spacing 0 to 10 Herd, oompnat 01 tort :6 0 .. 9:0 4:4 410 6 :0 0 :6 Likely to amok 014049 :4 3 410 4 920 4 :4 410 410 016 Close A Boft, sandy, or Oiled 014 or910 sheeting 446 .4 414 4 :4 010 4:4 4s6 Close Hydrostatfo premium 644 sheeting d:0 4 4 :4 410 010 4 :4 080 10 to 11 Hard 4844.910 4 4 :6 4 4 04 4 :6 0 8 0 410 080 Likely to crack 4 :44.914 2 486 4 414 406 010 6:0 010 Soft, sandy. or Oled 4044.9 :6 sheeting 416 4 411 0:0 014 016 0110 Close Hydrostatl pressure o presre 014 sheeting ■ 1 10 4 410 0 :4 0 2 0 0 4 6 0210 M to 90 All kinds or conditions 916 eheettm4 4 :19 4 4119 4 :4 686 6 :10 10:10 Over 2:1 ADklnda or oondlUons._ ___ 010 sheeting 400 4 4z12 O:0 0810 10z10 10:19 Maximum spalog 11.1 t I ski 0 to 0 9 �z 12 to 11 Vertical Horizontal feet Inched Feet Inches Peet Lushes Inches Inched Inches Inches Peet Poet OCCUPATIONAL SAFETY AND HEALTH (h) When employees are required to be in z trenches 4 feet deep or more, an adequate F means of exit, such as a ladder or steps, shall ? be provided and located so as to require no more than 25 feet of lateral travel. (1) 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 1926.653 - DEFINITIONS APPLICABLE TO THIS SUBPART (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 19 26.652(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 manner 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. 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. (1) "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. (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) 1926.653(n) OCCUPATIONAL SAFETY AND HEALTII STANDARDS AND INTERPRETATIONS (n) "Trench " —A 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 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. ATTEST: RS09270D E LAND, City Secretary RESOLUTION NO. / 51171 S WHEREAS, the City of Round Rock has duly advertised for bids for the N. Mays Water Line Improvements, and WHEREAS, Reddico Construction Company, Inc., has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Reddico Construction Company, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Reddico Construction Company, Inc., is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Reddico Construction Company Inc. for the N. Mays Water Line Improvements, said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 27th day of September, 1990. MIKE ROBINSON, Mayor City of Round Rock, Texas oulter ' ngineering COULTER ENGINEERING COMPANY P O. Box2141 309 E Mein Round Rook. Teo 76660 (512) 244-6276 Danny Halden, P.E. Department of Public Works 300 South Blair Round Rock, Texas 78664 Re: North Mays 12" Waterline Dear Danny: JBC /ks Attachments September 18, 1990 JAMES B. COULTER, P.E. Civil Engineering Land Planning Construction Inspection Construction Administration Attached please find four (4) copies of the tabulation of bids received yesterday. I am making a recommendation at this time to award the Contract to the low bidder, Reddico Construction Co., Inc. in the amount of $54,223.30. If you have any questions or comments, please feel free to call. BIDDER CONST. CO.. INC H "CONST. CO., INC. AIISTIN_FNOR. C0 . TNC ITEM �R PRICE TOTAL go, TOTAL F {CTE TOTAL QN2 PRI TOTAL FET TOTAL 1. 867 L.F. 12" Line 39.90 34,593.30• 44.0C 38,148.00 39.00 33,813.00 2. 1 EA. 12 "X16" Pressure Tap 3,000.00 3.000.00 4,000.01 4,000.00 3,200.01 3,200.00 3. 1 EA. 12" Wet Connect 1,500.00 1,500.00 1.000.00 1,000.00 500.01 500.00 4. 1 EA. 8" Wet Connect 1,000.00 1,000.00 800.01 800.00 300.0C 300.00 5. 1 EA. 6" Wet Connect 1,000.00 1,000.00 600.0C 600.00 300.0C 300.00 6. 2 EA.-51/4" Fire Hydrant 1,000.00 2,000.00 1.000.01 2,000.00 1,200.00 2,400.00 7. 1 EA. 12" Gate Valve 1,000.00 1,000.00 900.01 900.00 1,200.00 1,200.00 / 8. 1 EA. 8" Gate Valve 500.00 500.00 600.00 600.00 600.00 600 00 . 9. 3 EA. 6" Gate Valve -- 400.00 1,200.00 400.00 1,200.00 500.0C 1,500.00 .,r 10. 1.1 Ton C.I. Fittings 2,800.01 3,080.00 3,000.00 3,300.00 3,500.00 3,850.00 _ 11. 1 EA. 112" Service 650.00 650.00 600 0C 600.00 400.00 400 00 _ 12. 1 EA. 1" Service 550.00 550.00 500.00 500.00 250.00 250.00 13. 300 L.F. Pvmt. cut & re 12.00 3,600.00 15.01 4,500.00 30.01 9,000.00 • 14. 1 L.S. Trench Safety 550.00 550.00 750.00 750.00 2,000.00 2,000.00 PROJECT: N MAYS 12" WATERLINE • OWNER: CITY OF ROUND ROCK DATE: SEPTEMBER 17, 1990 o uiwr ngineering CANTER ENGINEERING COMPANY PQ Bag 2341 • Ream 1 .iosMAO um 2uaaa BID TABULATIONS JOB NO. CE- 159 -89 PROJECT: OWNER: DATE N. MAYS 12" WATERLINE CITY OF ROUND ROCK SEPTEMBER 17, 1990 • CE 011.11g1 . ng;neezing COULTER ENGINEERING COMPANY PC Bea 2 u1 Rowel Rem U.= nen CIA 24.2Rt BID TABULATIONS JOB NO. CE- 159 -89 BIDDER ITEM TOTAL ALL IMPROVEMENTS REDDICO CONST. CO., INC. EKE TOTAL "- $54,223.80 HAEGELIN CONST. CO.. INC. PRICE TOTAL 558,898.00 AUSTIN 'NCR rn TNr PRI TOTAL 959,313.00 PRICE TOTAL RIFE TOTAL PROJECT: N MAYS 12" WATERLINE . OWNER: CITY OF ROUND ROCK DATE: SEPTEMBER 17, 1990 vwsvGa ngineering COULTER ENGINEERING COMPANY P.O. Doa 211 Rasa Rock Teas 78680 _ Is 121 244-6273 BID TABULATIONS JOB NO. CE- 159 -89 BIDDER CONST. CO., INC. HAEGELIN CONST. CO., INC. RNCR. CO.. INC. ITEM PRICE TOE TOTAL PRICE TOTAL �AUSTIN PRICTE TOTAL �IT ICE PR TOTAL 2T PRICE TOTAL 1. 867 L.F. 12" Line 39.90 34,593.30 44.0C 38,148.00 39.00 33,813.00 2. 1 EA. 12 "X16" Pressure Tap 3,000.00 3 000 00 4,000.0( 4,000.00 3,200.00 3,200.00 • 3. 1 EA. 12" Wet Connect 1,500.00 1 500 00 1 000 OC 1,000.00 500.00 500.00 4. 1 EA. 8" 'Wet Connect 1,000.00 1,000.00 800.0( 800.00 300.00 300.00 5. 1 EA. 6" Wet Connect 1,000.00 1,000.00 600.0C 600.00 300.00 300.00 6. 2 EA. 51/4" Fire Hydrant 1,000.00 2,000.00 1,000.00 2,000.00 1,200.00 2,400.00 7. 1 EA. 12" Gate Valve 1,000.00 1,000.00 900.00 900.00 1,200.00 1,200.00 8. 1 EA. 8" Gate Valve 500.00 500.00 600.00 600.00 600.00 600 00 9. 3 EA. 6" Gate Valve 400.01 -,- 1,200.00 400.00 1,200.00 500.00 1,500.00 10. 1.1 Ton C.I. Fittings 2,800.0C 3,080.00 3,000.00 3,300.00 3,500.00 3,850.00 _ 11. 1 EA. 11" Service 650.00 650.00 600.00 400.00 i, if 600 4 500.00 250.00 250 00 12. 1 EA. 1" Service 550.00 550.00 500.0C 13. 300 L.F. ?stmt. cut & repair 3,600.00 15.0C 4,500.00 30.00 9,000.00 14. 1 L.S. • Trench Safety 12.00 550.00 550.00 750.00 750.00 2400.00 2,000.00 PROJECT: N MAYS 12" WATERLINE . OWNER: CITY OF ROUND ROCK DATE: SEPTEMBER 17, 1990 vwsvGa ngineering COULTER ENGINEERING COMPANY P.O. Doa 211 Rasa Rock Teas 78680 _ Is 121 244-6273 BID TABULATIONS JOB NO. CE- 159 -89 BIDDER REDDICO CONST. CO., INC. HAEGELIN CONST. CO.. INC. A FNGR. rm.. TNr ITEM pRIE TOTAL ". PRICE TOTAL PRE TOTAL R E TOTAL U NIT PRI TOTAL TOTAL ALL IMPROVEMENTS $54,223.80 '- $58,898.00 - $59,313.00 • PROJECT: N. MAYS 12" WATERLINE OWNER: DATE: CITY OF ROUND ROCK SEPTEMBER 17, 1990 V V iiiL i ngineering COUNTER ENGINEERING COMPANY Pa Bea 21.1 Round Rock. Teas 78680 0121244-626 BID TABULATIONS JOB NO. CE- 159 -89 DATE: September 25, 1990 SUBJECT: City Council Meeting, September 27, 1990 ITEM: 12D. Consider a resolution authorizing the Mayor to enter into a contract for the North Mays Water Line Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On September 17, 1990 bids were opened for the construction of the North Mays Water Line Improvements. Reddico Construction Co. Inc. was the lowest and best bidder and staff recommends award of the bid for $54,223.80 ECONOMIC IMPACT: