R-90-1528 - 10/23/1990ATTEST:
WHEREAS, the City of Round Rock has duly advertized for bids for
the 1990 Tank Rehabilitation Project, and
WHEREAS, Corrosion Eliminator, Inc. has submitted the lowest and
best bid, and
WHEREAS, the City Council wishes to accept the bid of Corrosion
Eliminator, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the bid of Corrosion Eliminator, 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 Corrosion
Eliminator, Inc. for the 1990 Tank Rehabilitation Project, a copy of
said contract being attached hereto and incorporated herein for all
purposes.
RESOLVED this 23rd day of October, 1990.
RS10230B
Ci y Secretary
RESOLUTION NO. l6 g R
xiAL
MIKE ROBINSON, Mayor
City of Round Rock, Texas
__ Or AOUNO ROOK -- ----
DEPARTMENT
121 East Main Street
Round Rock, Texas 78664 B:D TABULATION
(512) 255-8512
___----
E.O1
E. Steve nili6r1
DATE: In/IA/cin 4 •-•
SHEET 1 t. • ..YP n i ..,
--
CONTRACT: 1990 Tank Rehebilitatiou
-- — B I DOF.RS —
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Tral.;IS
Painters
_
Bid Bond?Co.stmers
LOCATION: City Hall Council Chambers
Corrosion Eliminator
Bid Bond? Yes
A-Way Tank Service
Bld Bond? yes
M.R.S. Contracting
Bid Bond? No -
October 16, 1990 2:00 pm
91D DATE. TIME:
1 T a - m
UN I T
QUANTITY APPROX.
U N I T
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
1. Barton Hill
L.S.
$ 48,769.00
43,990.00
-
$ 44,087.00
$ 55,000.00
1.A. Welding
Foot
1100
$ 13.60
$ 14,960.00
$ 10.00
$ 11,000.00
$ 26.17
$ 28,787.00
$10.00
$ 11,000.00
1.B. Shroud
L.S.
$ 8,000.00
$ 16,500.00
$ 8,876.00
$ 34,000.00
Subtotal:
$ 71,729.00
$ 71,490.00
$ 81,750.00
$ 100,000.00
. .
2. Westinghouse
L.S.
.
$ 16,010.00
$ 15,990.00
$ 18,264.00
$ 19,566.00
2.A. Welding
Foot
850
$ 13.70
$ 11,645.00
$ 10.00
$ 8,500.00
$ 22.50
$ 19,125.00
$ 10.00
$ 8,500
2.8. Shroud
L.S.
$ 3,659.00
$ 2,500.00
$ 4,358.00
$ 18,000.00
Subtotal:
$ 31,314.00
$ 26,990.00
$ 41,747.00
$ 46,066.00
3. Concrete Peels
_
S.Y.
50
$ 18.82
$ 941.00
$130.00
$ 6,500.00
$ 24.00
$ 1,200.00
$110.00
$ 5,500.00
. .
BID TCTAL:
$ 103,984.00
$104,980.00 -
_
:$124,697.00
$ 151,566.00
.
i
DATE: October 18, 1990
SUBJECT: City Council Meeting, October 23, 1990
STAFF RESOURCE PERSON: Steve Miller
ITEM: 121B. Consider a resolution authorizing the Mayor to
enter into a contract with Corrosion Eliminator
Inc. for the 1990 Tank Rehabilitation Project.
STAFF RECOMMENDATION:
Four (4) bids were received on the 1990 Tank Rehabilitation
Project. The low bid of $ 103,984.00 submitted by Corrosion
Eliminator, Inc. of Mineral Wells, Texas is recommended by staff
for award. This company has an established record in
rehabilitating water storage tanks. This project shall
incorporate the use of shrouds for containing paint debris. All
sand shall be collected and disposed of through the use of
concrete stabilization.
/-' \T T- - Th T
t,ii Y yr
ROUND ROCK
PUBLIC WORKS •
PROJECT
I990
TANK REHABILATION
PROJECT
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TABLE OF CONTENTS
TITLE SHEET
TABLE OF CONTENTS
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS
PROPOSAL AND PROPOSAL BIDDING SHEETS
AGREEMENT
BID BOND
PERFORMANCE BOND
PAYMENT BOND
MAINTENANCE BOND
NOTICE OF AWARD
NOTICE TO PROCEED
GENERAL CONDITIONS OF AGREEMENT
SPECIAL CONDITIONS OF AGREEMENT
TECHNICAL SPECIFICATIONS
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NOTICE TO BIDDERS
1990, Tank Rehabilitation Project. This
project involves the repairing of welds, cleaning,
painting, and disinfection of water storage tanks.
Plans, specifications, and bidding documents can
be obtained at the Public Works Department, 300 South
Blair, for a non - refundable charge of $ 10.00.
Beginning September 24, 1990.
Sealed proposals addressed to the City Secretary,
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 this project will be received until
Tuesday, October 9, 1990 at 2:00 P.M. in the City
Council Chambers, then publicly opened and read aloud.
Bid envelopes should state date and time of bid and
"1990, Tank Rehabilitation Project". A copy or a
inspection report compiled for each tank is available
for review, by appointment. at the Public Works
Department. Bidders shall familiarize themselves as to
the contents of this report. No bids may be withdrawn
after the scheduled opening time. Any bids received
after scheduled bid opening time will be returned
unopened.
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 of contract to him.
Provided however, if the contract price is less than
550,000.00, the bidder shall have the option of
providing a letter of credit in lieu of 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 bidders has executed the contract.
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Thereafter all remaining securities, including security
of the successful bidder, will be returned within sixty
(60) days.
The successful bidder must furnish performance bond or
letter of credit, if applicable, payment bond in the
amount of one hundred (100 %) percent of the contract
price from an approved surety company holding a permit
form the State of Texas to act as surety (and
acceptable according to the latest list of companies
holding certificates of authority from the Security of
the Treasury of the United States) or other surety or
sureties acceptable to the Owner, with approval prior
to bid opening.
In case of ambiguity, duplication, or obscurity in
the bids, the City of Round Rock reserves the right to
construe the meaning thereof. The City of Round Rock
further reserves the right to reject any or all bids
and waive any informalities and irregularities in bids
received.
The successful bidder will be expected to execute
the standard contract prepared by the City of Round
Rock, and to furnish performance and payment bonds as
described in the bid documents.
JOANNE LAND
City Secretary
City of Round Rock
instruct/2
INSTRUCTIONS TO BIDDERS
L Prior to submitting any proposal, bidders are required to read the
plans, specifications, proposal, contract and bond forms carefully; to
inform themselves by their independent research, test and investigation of
the difficulties to be encountered and judge for themselves of the
accessibility of the work and all attending circumstances affecting the
cost of doing the work and the time required for its completion and
obtain all information required to make an intelligent proposaL
2. Should the bidder find Big- repanci in, or omissons from, the
plans, specifications, or other documents, or should he be in doubt as to
their meaning, he should notify at once the City of Round Rock and
obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility cif the bidder to see that his bid is
received at the place and time named in the Notice to Bidders Rigs
received after r- lncing time will be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed
Bid" and showing the name of the project, the job number if applicable,
and the opening date and time.
5. Rirlc shall be submitted on proposal forms furnished by the City of
Round Rock.
6. All proposals shall be accompanied by a certified cashier's check
upon a National or State bank in an amount not less than five percent
(5%) of the total maximum bid price, payahl• 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 the bidder will enter into a contract and
execute performance and payment bonds, as stipulated by item 11 below,
within ten (10) days after notice of award of Contract to him. Proposal
guarantees must be submitted in the same sealed envelope with the
proposal Proposals submitted without check or bid bonds will not be
considered. (See items 11 & 12.)
7. All bid recurities will be returned to the respective bidders within
twenty -five (25) days after bias 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.
8. Until the award of the contract, the City of Round Rock reserves
the right to reject any and all proposals and to waive technicalities; to
advertise for new proposals; or to do the work otherwise when the best
interest of the City of Round Rock will be thereby promoted.
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9. In case of ambiguity or lack of clarity in the statement of prices in
the bids, the City of Round Rock reserves the right to consider the most
favorable analysis thereof, or to reject the bid. Unreasonable (or
unbalanced) prices submitted in a bid may result in rejection of such bid
or other hires.
10 Award of the contract, if awarded, will be made within sixty (60)
days after opening of the proposals, and no bidder may withdraw his
proposal within said sixty (60) day period of time unless a prior award is
made
11. Within ten (10) days after written notification of award of the
contract, the successful bidder must furnish a performance bond and a
payment bond in the amount of one - hundred percent (100%) of the total
contract price Provided however, if the contract price is less than
$50,000.00, the bidder shall have the option of providing a letter of
credit in lieu of a performance bond, said letter of credit in a form
acceptable to the City of Round Rock. Said performance bond, or letter
of credit, if applicable, and payment bond shall be from an approved
surety company holding a permit from the State of Texas to act as surety
(and acceptable according to the latest list of companies holding
certificates of authority from the Security of the Treasury of the United
States) or other surety or sureties acceptable to the Owner, with
approval prior to bid opening.
12. If the total contract price is less than $25,000.00 the performance
and payment bond requirement may be waived by the City af Round Rock.
Payment will be made following completion of the work.
13. Failure to execute the construction contract within ten (10) days of
written notification of award or failure to furnish the performance bond,
or letter of credit if applicable, and payment bond as required by item 31
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.
14. No contract shall. be binding upon the City aE Round Rock until it
has been signed by its Mayor after having been duly authorized to do so
by the City council.
15. The Contractor shall not commence work under this contract until
he has furnished certification of all insurance required and such has been
approved by the City of Round Rock, nor shall the contractor allow any
subcontractor to commence work on his subcontract until proof of all
similar insurance that is required of the subcontractor has been furnished
and approved.
instruct/2
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16. Any quantities given in any portion of the contract documents,
including the plans, are estimates only, and the actual amount of work
required may differ somewhat from the estimates. The 1wi for the
payment shall be the actual amount of work done and/or material
furnished.
17. No Texas sales tax shall be included in the prices bid for work
under this contract. This contract is issued by an organization which is
qualified for exemption pursuant to the provisions of Article 10.04 (h) of
the Texas Limited Sales, Excise and Use Tax Act. The couLcdctor
performing this contract may purcha, rent or 1Pa°a all matariala,
supplies, equipment used or consumed in the performance of this contract
by issuing to his supplier an exemption certificate complying with State
Comptroller's ruling #95 -0.07. Any such exemption certificate issued by
the contractor in lieu of the tax shall be subject to the provisions of the
State Comptroller's ruling #95 -0.09 as amended to be effective July 1,
1979.
18. No conditional bids will be accepted.
19. In 'lactying the lowest responsible bidder, consideration of the
Contractor's competency shall be evaluated by the information submitted
on the sheet titled "INFORMATION REQUIRED OF BIDDERS ". (Number 15
on this form is optionaL) All bid submisi;nns shall contain this completed
form.
instruct/2
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PROPOSAL AND PROPOSAL BIDDING SHEETS
PROPOSAL
TO
CITY COUNCIL OF
THE CITY OF ROUND ROCK
FOR THE
1990, Tank Rehabilitation Project
The undersigned, as bidder, declares that the only
person or parties interested in this proposal as principals
are those named herein, that his proposal is made without
collusion with any other person, firm or corporation; that
he has carefully examined the form of contract, Notice to
Contractors inviting bids, conditions or classes of
materials of the proposed work; and agrees that he will
provide all the necessary labor, machinery tools, apparatus,
and other items incidental to construction, and will do all
the work and furnish all the materials called for in the
contract and specification in the manner prescribed therein
and according to the requirements of the Engineer as therein
set forth.
It is understood that the following quantities of work
to be done at unit prices are approximate only, and are
intended principally to serve as a guide in evaluating bids.
It is further agreed that the quantities of work to be
done at unit prices and materials to be furnished may be
increased or diminished as may be considered necessary, in
the opinion of the Engineer, to complete the work fully as
planned and contemplated, and that all quantities of work,
whether increased or decreased are to be performed at the
unit prices set forth below except as provided for in the
Specifications.
It is further agreed that lump sum prices may be
increased to cover additional work ordered by the Engineer;
but not shown on the plans or required by the
Specifications, in accordance with the provisions of the
General Conditions. Similarly, they may be decreased to
cover deletion of work so ordered.
It is understood and agreed that the work is to be
completed within the time herein stated.
The undersigned bidder agrees to commence work within
ten (10) days after written Notice to Proceed has been
given.
page 1 of 6
ACKNOWLEDGEMENT OF PAYMENT ITEMS
The undersigned acknowledges that the foregoing bid
items are the only items of payment under this contract and
that his bid price under these items reflects the complete
charges for furnishing all labor, material, and equipment to
complete the project as outlined in the plans,
specifications, and contract documents.
KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS
The undersigned warrants that he has examined the
location of the proposed work, the plan drawings,
specifications, and all other parts of the Contract
Documents, and is familiar with the local conditions at the
place where the work is to be performed.
CONTRACT TIME
If awarded the Contract, the undersigned agrees to
complete the work in 105 calendar days.
OWNER'S RIGHTS RESERVED
The undersigned understands and agrees that the Owner
reserves the right to reject any or all Proposals or to
waive any informalities of technicalities in any proposal in
the interest of the Owner, except as specifically limited by
the terms of the Contract Documents or applicable Laws or
Governmental Regulations.
ADDENDA
The undersigned acknowledges receipt of the following
addenda:
Addendum No. Dated
page 2 of 6
PROPOSAL BIDDING SHEET
JOB NAME: 1990 Tank Rehabilitation Project
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
Gentlemen:
Pursuant to the foregoing Notice to contractor and
Instructions to Bidders, the undersigned bidder hereby proposes
to do all the work, to furnish all necessary superintendence,
labor, machinery, equipment, tools, materials insurance and
miscellaneous items, to complete all the work on which he bids as
provided by the attached supplemental specifications, and as
shown on the plans for the construction of 1990 Tank
Rehabilitation Project 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:
and no
BASE BID
Bid Item Description Unit
Item Qty. Unit and Written Unit Price Price Amt.
Cents. $48,769_00s 48.,.769..00
1. 1 L.S. Barton Hill Standpipe:
Including in general
the cleaning, painting,
and disinfection of
the tank and all assoc-
iated appurtenances
and accessories as
called for in the plans
and specifications, per
Lump Sum Bid of forty eight • hundredi
sixty nine Dollars
page 3 of 6
4
Bid Item Description Unit
Item Qty. Unit and Written Unit Price Price
IA. 1100 Foot Welding, cutting, repair-
ing, patching deteriorated
plate and welds per lineal
foot.
18. 1 L.S. Shrouding System:
Including, in general,
the erection, maintenance,
and dismantling of shrouds
complete in place for
eighe thousand Dollars
Subtotal bid item:
Amt.
s 13.60 $14,960.00
and no Cents. $ 8,000.00 $ 8,000.00
r
seventy one thousand seven hundred
and twenty nine Dollars
and no Cents. $71,729.005 71,729.00
2. 1 L.S. Westinghouse Ground
Storage: Including in
general the cleaning,
painting, and disinfec-
tion of the tank and all
associated appurtenances
and accessories as
called for in the plans
and specifications, per
Lump Sum Bid of sixteen thousand and
ten Dollars
and no Cents. $16. 010.00s 16.010 00
2A. 850 Foot Welding, cutting, repair-
ing, patching deteriorated
plate and welds per lineal
foot.
page 4 of 6
$ 13.70 $ 11,645.00
Bid Item Description Unit
Item Qty. Unit and Written Unit Price Price Amt.
2B. 1 L.S. Shrouding System:
Including, in general,
the erection, maintenance,
and dismantling of shrouds
complete in place for three thousand six hundred
fifty nine Dollars
and
no
Cents.
$ 3,659.00 $ 3,659.00
G
Subtotal bid item: thirty one thousand three
hundred fourteen Dollars
and no Cents. $ 31,314.01N 31. 314.00
3 50 S.Y. Concrete pads:
Including in- general,
forming, batching and
placing concrete,
finishing, and cleanup
complete in -place as
as called for in the
plans and specifications
for nine hundred forty
one Dollars 20/
and no Cents. 08,82 $ 9i
BID TOTAL: One hundred three thousand nine hundred
eighty four Dollars
and no Cents $103.984.00
page 5 of 6
If this proposal is accepted, the undersigned agrees to
execute the contract and provide necessary bonds and insurance
certification as per the Instructions to Bidders and commence
work within ten (10) days after written Notice of Proceed. The
undersigned further agrees to complete he work in full within 105
days after the date of the written Notice to Proceed.
The undersigned certifies that the bid prices contained in
the proposal have been carefully checked and are submitted as
correct and final. The Owner reserves the right to reject any or
all bids and may waive any informalities.
Respectfully Submitted,
Title For:
Rhode Construction dba
Corrosion Eliminator, Inc.
Name of Firm
P.O. Box 1546
Mineral Wells, Tx 76067
Address
(817) 325 -8450
Telephone
Seer = ry, if Contractor
is a orporation
page 6 of 6
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(1) Name Rhode Construction Co. dba Corrosion Eliminator. Tnr.
(2) Address P.O. Box 1546 Mineral Wells, Tx 76067
(3) Phone Number ( 325 -8450
(4) Type of Firm:
( ) Individual,
INFORMATION REQUIRED OF BIDDER
(5) Corporation organized under the laws of the State of Texas
(6) List the names and addresses of all management members of the firm
or names and titles of all officers of the corporation.
Tonya Nelson President, Secretary & Treasurer
Greg Nelson Vice- President
(7) Number of years experience 20
(8) List at least three (3) projects completed of a similar nature:
Contract Amount Date Name, Address &
$ Engineer Completed ' Telephone of Owner
220,000 Briggs & Matthews 10 -90 2500 Brook St
Wichita Falls, Tx 76307
(817) 766 -0156
b. 98,000 D. L. Grozier 3 -89 2107 Winwood Dr.
College Sta., Tx 77841
(409T 779 - 6591
a.
c .
95,000 •
( ) Partnership, % ( X) Corporation
Barnett & Teams 8 -88 P.O. Box 148
Mineral Wells, Tx 76067
II (9) List the name and address of each subcontractor who will perform
work in excess of one (1 %) percent of the total bid price and
indicate what part of the work will be done by each subcontractor:
Page 1 of 2
(8 3 9417
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Name - Address Work to be Performed
N/A
(10) Payment of taxes, in the State of Texas
Yes X No
(11) List current contracts on hand:
Projected
Contract Amount Completion Date
$
175,000
Description
of Work
Feb 91 steel storage tanks
190,000 Dec 90 2 elevated water tanks,
(13) Have you defaulted on any contract? Yes
If yes, please describe:
(14) Major bank reference:
Page 2 of 2
2 ground tanks
(12) Major type of work performed by your company: steel tank refurbishing
No X
First State Bank - Mineral Wells
(15) Attach a notarized financial statement of the most recently
completed fiscal year and any other information and references
sufficiently comprehensive to permit an appraisal of your current
financial conditions.
AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
"page 2 of 3"
AGREEMENT
KNOW ALL MEN BY THESE PRESENT
Tha this Agreement made and entered into this 3/
day of LQ ROG� . �Qh) A.D., 19,90 by and between the CITY
OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter
termed the Owner, a d , cr_�iw:ir,aanr of
th City of W11v1P.r( (Me S , County of
Pnip T 7� in -1-.. , State of k.Quaic. , Second Party,
hereinafter termed contractor.
WITNESSETH: That for and in consideration of the
payments and agreements hereinafter mentioned to be made and
performed by said First Party (Owner), the said Second Party
(Contractor) hereby agrees with the First Party to commence
and complete the construction of certain improvements at the
priq set forth in the Contractor's Proposal dated
Of 7r'J6Q_r / Ingo for certain improvements described
as follows:
1990, Tank Rehabilitation Protect
The Contractor shall perform all work shown on the
Plans and described in the Specification and shall meet all
requirements of this agreement, the General and Special
Conditions of the Contract; and such Orders and Agreements
for Extra Work as may subsequently be entered by the above
named parties to this Agreement.
The Contractor hereby agrees to commence work under
this contract within ten (10) consecutive calendar days
after the date written notice to do so shall have been given
to him and shall cause work to progress in manner
satisfactory to the Owner. Such work shall be completed in
full by
The Owner agrees to pay the contractor in current
funds, and to make payments on account, for the performance
of the work in accordance with the Contract, at the prices
set forth in the Contractor's Proposal, subject to additions
and deductions, all as provided in the General Conditions of
the Agreement.
The following documents together with this Agreement,
comprise the contract, and they are as fully a part thereof
as if herein repeated in full:
The Notice to Bidders
The Instructions to Bidders
The Proposal and Bidding Sheets
The Performance & Payment Bonds
The Certificate of Insurance
The General Conditions of Agreements
The Special Conditions of Agreements
The Technical Specifications
The Special Provisions
Addenda
Change Orders
The Plans
IN WITNESS WHEREOF, the parties to these present have
executed this Agreement in the year and day first above
written.
CITY OF ROUND ROCK. TEXAS
Party of the First Part
(OWNER)
BY:
Mayor Mike Robinson
At Ai A 1 /1I Ad
` i Atie l''� ► 1 71� - '6TRQi�
((# e following to be executed if the Contractor is a
Corporation).
1, GREG NELSON certify that I am the
Secretary of the Corporation named as Contractor herein:
that TONYA NELSON , who signed this Contract on
behalf of the Contractor was then PRESIDENT
(official title) of said
Corporation, that said Contract was duly signed for and in
behalf of said Corporation, that said Corporation by
authority of its governing body, and is with the scope of
its corporate powers.
Cor'po: a tee`' Sea I
.s...cns ..eti.,.el
Signed:
"page 3 of 3"
RHODE CONSTRUCTION COMPANY DBA
CORROSION ELIMINATOR, INC.
Party of the Second Part
(CONTRACTOR) 77/::? 0n -
BY: ()II.
ATTEST:
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Continental Casualty Company.
CNA
/Fr All IM• i'nmmii nw•ni. ynu NLk,•
AN ILLINOIS CORPORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY - - FACT these 1 laws of theAState by and having is p office in he y of Chicago. and Stat o of Illinois, does hereby x ma l ke constitute
and appoint Howard Cowan, Mike Henthorn, Ron Stroman Mark Stoltz, Pptp Ringgeli
Kevin J. Dunn Carla Waddell Individually
I of Midland, Texas
Its true and lawful Attorney -in -tact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings
and other obligatory instruments of similar nature
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby
given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following ByLaw duly adopted by the Board of
Directors of the Company.
"Article IX— Execution of Documents
Section 3. Appointment of Attorney- in•fact. The President or a Vice President may, from time to time, appoint by writtencertificates
attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory
instruments of like nature. Such attorneys -in -tact, subject to the limitations set forth in their respective certificates of authority, shall
have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
to any attorney -in- tact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957.
"Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any
power of attorney granted pursuant to Section 3 of Article IX of the By•Laws, and the signature of the Secretary or an Assistant Secretary
and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
bindlno on the Company."
In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its
corporate seal to be hereto affixed on this 1 st day of February
19 9Q
CONTINENTAL CASUALTY COMPANY
State of Illinois
County of Cook { ss
1
Form 1.23142.B
On this 1St day of February 19 90 before me personally came
J. E. Porten. to me known. who. being by me duly sworn. did depose and say. that he resides In the Village of Glenview. State of Illinois: that he is
a Vice- President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows
the seal of said Corporation; that the seal affixed to the said instrument is such Corporate seal; that it was so affixed pursuant to the said instrument
is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name
thereto pursuant to like authority. and acknowledges same to be the ad and deed of said corporation.
Linda C. Dempsey / otary Public
My Commission Expires Nove er 12, 1990
CERTIFICATE
1 L George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY. do hereby certify that the Power of Attorney herein above
set forth is still in force, and further certify that Section 3 of Article IX of the ByLaws of the Company and the Resolution of the Board of
Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat
of the said
Company this 16TH
- In Unlimited Amounts -
day of
J. E. Purtell Vice President.
OCTOBER
19 90
George R Hobaugh Ass Secretary
INV. NO. G- 59200 -B
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
and as SURETY,
and held and firmly bound unto the
as PRINCIPAL
hereinafter referred to as
the "OWNER ", in the penal sum of five percent (5%) of the total amount
of the bid of the PRINCIPAL submitted to the OWNER, for the work
described below; for the payment of which sum in lawful money of the
United States of America, well and truly to be made, we bind ourselves,
our hens, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. In no rase shall the liability of the
SURETY hereunder exceed the sum of $
The CONDMONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said
PRINCIPAL has submitted the above mentioned bid to the OWNER, for
construction for the work under the "SPECIFICATIONS FOR
CONSTRUCTION OF
for which hirIc are to be
opened at the nfic -e of the OWNER on ,1990.
NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within
the time and manner required under the heading 'Instructions to Bidders ",
after the prescribed forms are presented to him for signature, enters into
a written agreement, substantially in the form contained in the
Specifications, in accordance with the bid and files the town bonds with
the OWNER, one to guarantee faithful performance and the other to
guarantee payment for labor and materials, then this obligation shall be
null and void, otherwise, it shall be and remain in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgement
is recovered, said SURETY shall pay all costs incurred by the OWNER in
such suit, including a reasonable attorney's fee to be fixed by the Court
In WITNESS WHEREOF, we have hereunto set our hands and mall this
day of ,1990.
Principal:
By:
bidbondil
(Seal)
Surety:
By:
BD
(Seal)
7
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
as PRINCIPAL
and as SURETY,
and held and firmly bound unto the
hereinafter referred to as
the "OWNER ", in the penal sum of five percent (5 %) of the total amount
of the bid of the PRINCIPAL submitted to the OWNER, for the work
described below; for the payment of which sum in lawful money of the
United States of America, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. In no case shall the liability of the
SURETY hereunder exceed the sum of $
The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said
PRINCIPAL has submitted the above mentioned bid to the OWNER, for
construction for the work under the "SPECIFICATIONS FOR
CONSTRUCTION OF
for which hick are to be
opened at the ofice of the OWNER on ,1990.
NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within
the time and manner required under the heading 'Instructions to Bidders ",
after the prescribed forms are presented to him for signature, enters into
a written agreement, substantially in the form contained in the
Specifications, in accordance with the bid and files the town bonds with
the OWNER, one to guarantee faithful performance and the other to
guarantee payment for labor and materials, then this obligation shall be
null and void, otherwise, it shall be and remain in full force and effect
In the event suit is brought upon this bond by the OWNER and judgement
is recovered, said SURETY shall pay all casts incurred by the OWNER in
such suit, including a reasonable attorney's fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this
day of ,1990.
Principal: Surety:
By: (Seal) By:
BD-4
bidbondil
(Seal)
}
In the event suit is brought upon this bond by the OWNER and jldgement
is recovered, said SURETY shall pay all ccsts incurred by the OWNER in
such suit, including a reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and ma1q this
day of 1990.
Principal Surety
By: By
(Sea]) (Seal)
bidbond/1
CNA Continental Casualty Company
CNA Plaza Chicago, Illinois 50685
NO /100
1. 23271 -A
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OP TEXAS AS
AMENDED BY
ACTS OF THE 71st LEGISLATURE, REGULAR SESSION, 1989
(MoGREGOR ACT — PUBLIC WORM
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That RHODE CONSTRUCTION COMPANY DBA CORROSION
ELIMINATOR. INC.
(hereinafter called the Principal), as Principe!, and CONTINENTAL CASUALTY COMPANY, CHICAGO, ILLINOIS, (hereinafter
called the Surety), as Surety, are held and firmly bound unto CITY OF ROUND ROCK, TEXAS
(hereinafter called the Obligee), in the amount of ONE HUNDRED THREE THOUSAND NINE HUNDRED EIGHTY —FOUR AND
for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors end
assigns, jointly and severally, firmly by these presents. "
WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the day of
19 ,to
1990 TANK REHABILITATION PROJECT
By
DOLLARS IS 103,984.00
which contract Is hereby referrred to and made a part hereof as fully and to the same extent as If copied at length herein.
NOW, TH ER EPOR 5, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said•Principal shall faithfully perform the
work in accordance with the plans, specifications and contract documents, then this obligation shall be void, otherwise to remain in
full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to tha provisions of Article 5160 of the Revised Civil Statutes cf
Texas as amended by Acts of the 71st Legislature, Regular Session,1989, and all liabilities on this bond shall be determined in
accordance with the provisions of said article to the same extant as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sailed this instrument this day of
19
RHODE CONSTRUCTION COMPANY DBA
CORROSION ELIMINATOR, INC.
CARMAN G. RHODE, PRESIDENT
CONTINF�NTA CASUALT
CARLA WADDELL
PrInooei
Attorney•nJFset
1°
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
i
111. In the event the insurer (Surety) is unable to fulfill its contractual obligation
under this policy or contract or application or certificate of evidence of
coverage, the policyholder or certificateholder is not protected by an insurance
guaranty fund or other solvency protection arrangement.
CNA
For A ll the Commitments ]•w Make
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That RHODE CONSTRUCTION COMPANY DBA CORROSION ELIMINATOR,
TNC
(hereinafter called the Principal), as Principal, and CONTINENTAL CASUALTY COMPANY
are held and firmly bound unto C.TTY OF ROTUND ROCK. TEXAS
(hereinafter called the Obligee), in the amount of ONE HUNDRED THREE THOUSAND NINE HUNDRED EIGHTY -FOUR
AND NO /100 - DOLLARS($ 103.984.00
for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 71st Legislature, Regular Session, 1989, and all liabilities on this bond shall be
determined in accordance with the provisions of said article to the same extent as if it were copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a subcontractor In the prosecution of the work provided for in said contract, then this
obligation shall be vold; 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
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of ,19 ,to
1990 TANK REHABILITATION PROJECT
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
,19
G•23272•B
4_2,2
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 71ST LEGISLATURE, REGULAR SESSION 1989
(McGREGOR ACT — PUBLIC WORKS)
RHODE CONSTRUCTION COMPANY DBA
CORROSION ELIMINATOR, INC. (Principap
aM - vram� 'c! /
CARMAN G. RHODE, PRESIDENT
CONT WW1 TAT CASTT' COMPANY (Surety)
D /r
by /�
b
CARLA WADDELL AttorneydrrFact
(hereinafter called Surety), as Surety,
r•
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
In the event the insurer (Surety) is unable to fulfill its contractual obligation
under this policy or contract or application or certificate of evidence of
coverage, the policyholder or certificateholder is not protected by an insurance
guaranty fund or other solvency protection arrangement.
Continental Casualty Company
CNA
Fnr All IM• rnm m,i nwni.lmi Mxke
State of Illinois 1 ss
County of Cook 1
A N I L L I N O I S C O R P O R A T I O N
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the
laws of the State of Illinois, and having its principal office in the City of Chicago. and State of Illinois. does hereby make. constitute
and appoint Howard Cowan, Mike Henthorn, Ron Stroman, Mark Stolt7.PatP Rin9geli
Kevin J. Dunn, C_arla Waddell, Individually
o f Midland, Texas
Its true and lawful Attorney.in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings
and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as If such instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby
given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By•Law duly adopted by the Board of
Directors of the Company.
"Article IX— Execution of Documents
Section 3. Appointment of AttorneyIn•fact. The President or a Vice President may, from time to time, appoint by writtencertificates
attorneys•in -fact to act In behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory
Instruments of like nature. Such attorneys•in•fact, subject to the limitations set forth in their respective certificates of authority, shall
have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
to any attorney- in•fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957.
"Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any
power of attorney granted pursuant to Section 3 of Article IX of the B•Laws, and the signature of the Secretary or an Assistant Secretary
and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and
binding on the Company."
In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its
corporate seal to be hereto affixed on this 1st day of February 19 9Q
CONTINENTAL CASUALTY COMPANY
J. E. Purtell Vice President.
On this 1st day of February 19 90 before me personally came
J. E. Purtell. to me known, who. being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is
a Vice•President of CONTINENTAL CASUALTY COMPANY. the corporation described in and which executed the above instrument; that he knows
the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal. that it was so affixed pursuant to the said instrument
is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name
thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
Linda C. Dempsey i otary Public.
My Commission Expires Nove rer 12, 1990
CERTIFICATE
I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above
set forth is still in force, and further certify that Section 3 of Article IX of the By.Laws of the Company and the Resolution of the Board of
Directors, set forth in said Power of Attorney are still In force. In testimony whereof I have hereunto subscribed my name and affixed the seal
of the said
Company this day of
Form 1-23142-B
George R. Hobaugh
19
As stant Secretary r`
INV. NO. G- 59200 -B
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
perfbd/5
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
of THAT of the City
County of , and State of
as principal, and
authorized under the law of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto THE CITY OF ROUND
ROCK, TEXAS, hereinafter called THE CITY, COUNTY OF WILLIAMSON,
TEXAS, (owner), in the penal sum of
Dollars ($ ) for the payment whereof, the
said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the principal has entered into a certain written contract with
the Owner dated the day of , 19 to which the
contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein consisting of
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH,
that if the said principal shall faithfully perform said Contract and shall,
in all respects, duly and faithfully observe and perform all and singular
the convenants, conditions and agreements in and by said Contract,
agreed and convenanted by the Principal to be observed and performed,
including but not limited to, the repair of any and all defects in said
work occasioned by and resulting from defects in matarials furnished by
or workmanship of, the Principal in performing the work covered by said
Contract and occurring within a period of twelve (12) months from the
date of the Contract Completion Certificate and all other covenants and
conditions, according to the true intent and meaning of said Contract and
the Plans and Specifications hereto annexed, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in accordance
with the provisons of said Article to the same extent as if it were
copied at length herein.
PBD-3
PERFORMANCE BOND (CONTINUED)
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 day of ,19
Principal
By B
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
P
PBD-4
Surety
1
1
1
1
1 1
1 1
1 1
1
11
11
11
�1
1)
li
1
11
11
1
THE STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS, THAT
of the City af
County of , and state of
as principal, and
authorized under the laws of the State of Texas to act as surety bonds
for principals, are held and firmly bound unto
(OWNER), in the penal sum of
Dollars ($ ) for the payment whereof, the said Principal. and
Surety bind themselves and their heirs, administrators, executors,
successors, and assigns, jointly and severally, by these presents;
WHEREAS, the Principal has entered into a certain written contract with
the Owner, dated the day of , 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.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor and
material to him or a subcontractor in the prosecution of the work
provided for in said contract, then, this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in accordance
with the provisions of said Article to the same extent as if it were
copied at length herein.
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
(paybd/6)
PAYMENT BOND
PB-1
1 1
11
11
11
11
11
11
11
11
11
11
it
11
11
1j
1i
11
11
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
caa1xl this instrument this day of , 1990.
Principal Surety
By By
Title
Address Address
The name and address of the Resident Agent cf Surety is:
(paybd/6)
PB -2
MAINTENANCE BOND
BOND NUMBER AMOUNT
That we,
KNOW ALL MEN BY THESE PRESENTS,
(hereinafter called the "Principal ")
as Principal, and the
a Corporation duly organized under the laws of the State of
and duly licensed to transact business in the State of
(hereinafter called the "Surety"), as Surety, are held and firmly bound
unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the
"Obligee "),in the sum of
dollars (S ) for the payment of which sum
well and truly to be made, we, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, fly by these presents.
Sealed with our seals and dated this ' day of , A.D.
nineteen hundred and , 19 .
WHEREAS, the said Principal has heretofore entered into a contract with
dated , 19 , for construction of
WHEREAS, the said Principal is required to guarantee the construction of
all improvements installed. under said contract, against defects in
materials or workmanship, which may develop during the period of
year(s) from the date of acceptance of the project above described, by
owner
THE CITY OF ROUND ROCK, TEXAS
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH,
that if said Principal shall faithfully carry out and perform the said
guarantee, and shall, on due notice, repair and make goal at its own
expense any and all defects in materials or workmanship in the said work
which may develop during the period of year(s) from the date of
acceptance of the proms above described, by owner
THE CITY OF ROUND ROCK, TEXAS
or shall pay over, make good and reimburse to the said Obligee all loss
and damage which said Obligee may sustain by reason of failure or
default of said Principal so to do, then this obligation shall be null and
void; otherwise shall remain in full force and effect.
Principal • Surety
by by
(maintbd/6) PBD-8
PRODUCER
Sty;;Strickland Ins.
626 Dalworth
Grand Prairie, Tx 75050
INSURED
Corrosion ELtminators Inc
PO Box 1546
Mineral Wells, TX 76067
and coinsured payee
City of Round TX
COVERAGES
1
Ord CERTIFICATE OF INSURANCE
TYPE OF INSURANCE
■
•
POLICY NUMBER
6906 25 28
6906 25 27
6906 25 29
City of Round Rock
221 E. Main
Round Rock, TX 78664
Attn: Steve Miller
ACORD 25 (8184)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER Truck Ins. F.xchan.e
COMPANY
LETTER la
COMPANY Y r i
COMPANY TT D
COMPANY c
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM 011 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 CONDI-
TIONS OF SUCH POLICIES,
GENERAL. LJABILRY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUNO
EXPLOSION & COLLAPSE HAZARD
PROOUCFS/CEMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV, PASS )
ALL OWNED AUTOS (PFPJ s
HIRED AUTOS
NON OWNED AUTOS
GARAGE LIABILITY
pi
•
■
•
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' UABIUTY
OTHER
10 - 26 - 91
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS
Painting of elevated:•ground /water storage tanks and miscellaneous other facili
RE: 1990 Tank Rehabilitation Project.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE FY.
PIRATI9F6 DATE THEREOF, THE ISSUING COMPANY WILL
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
•
POUCY EFFECTIVE
DATE (MNoom
8 -18 -90
8-18-90
10 -26 -90
POLICY EXPIRATION
CATE (MI VDWIT
8 -18 -91
UABILITY UMITS IN THOUSANDS
8 -18 -91
PERSONAL INJURY
GODLY
NJUAY
PROPERTY
DAMAGE
St COMB ED
OU15?
IFil
NPJIY
115511
PUTA7]CBID
PROPERTY
DAMAGE
BIAPD
COMBINED
ISSUE DATE (MM/DO/Yr/
11 -29 -90
$
500
$
$
$2,000
STATUTORY
AGGREGATE
$
1,000
$
$
$ (EACH ACCIDENT)
$
(DISEASE-POLICY LIMIT)
$
(OISEASS.SACH EMPLOYEE)
i* ih • :A
IIRAACORD CORPORATION 1984
sa••�R� .. ^I :•I: a .; J;yr,.t
... .. .. : "'TA •. .,.
PRODUCER
Satin insurance Agency
116 5 E lst ST.
Mineral 1211s, Tx 76067
7 el 4
INSURED
X brrosion Zlimi.nat&ra
!' O sox 1546
Mineral Mollo, Mk 76067
, . - • A.P0
AUTOMOBILE LIABILITY
ANY AUTO (Pp
ALL OWNED AUTOS / RIV PASS ) LPFN
All MOW AUTOS RPA9MSN)
HIRED AUTOS
NON OWNED AUTOS
WIACE LIABILITY
EXCESS LIABILITY
•— UMBRLLT A FORM
OTHER IRAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS�LIABILITY
OTHER
DESCRIPTION OF OPEIIATIONS /LOCATIONSNEHICLESISPECIAL ITEMS N
City of Mound Moak
1990 'lank Rehabilitation Pro
221 S. Main St.
Round Mock, Tx 78666
5 •.'
ISSUE DATE (MMIpDNY)
• r... 4.11T- 10 -31••9 ..._ •
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIOHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETrER'.— Libert�._MRatual ,Tnmai ana9_( p
COMPANY
LETTER B
COMPANY
LETTER CP
COMPANY D
LETTER
COMPANY E.
LETTER
IC2-391- 098120 -010
5/13/90
F�•�:.'��` asiTY' i'.r,.4'. r.1 � � . �
THIS IS TO CERTIFY THAT POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY REHIOD INDICATED.
NOTWFTNSTANDINO 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. ANO CONDI-
TIONS OF SUCH POLICIES. __
GU Pam MOM PaLIC/ k %HRARW LwBILf1Y LIMITS IN THOUSANDS
LT TYPE OF INSURANCE POLICY NUMBER LUTE (ML4OUYY1 DVTF IWH�M1 EACH AGGREGATE
_ _ _. ._ — .
OCCURRENCE
GENERAL LIABILITY BODILY
COMPRLHFNSIVE FORM IFUURV $
DAMAGE s
PREMISISIOPERATIONS PROPtHI
EXPLOSION 8 COII APSE HAZARD $--
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY • PERSONAL INJURY
NMR
PqP
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EX.
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL
MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T
LEFT, ' Al _
AUTHORIZED REPRESENTATIVE .. —IJIIl __
}l• C L i.+.
5/13/91
IN & PD
00ANUNEO
40 WIN
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p ERTY
DAMAGE
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COMBINED $
TAM.,
$
$
$
STATUTORY T
Q I ACCIDENT)
AS■ POT ICY LIMIT)
• QYLLEASFEACH EMPLOYLI )
$
TO: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Covers
Independent
Contractors
Owner's
Protective
Comprehensive
Automobile
Liability
Owned
Vehicles
Hired
Vehicles
Non-owned
Vehicles
Includes
Contractual
i.iafiility -
cestins/6
CERTit7CATE OF INSURANCE
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
pnli are noted on the reverse side hereof.
TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS OF
INSURANCE NO. DATE DATE LIABILITY
Satutory, State
Workmen's of Texas,$
Compensation Employer's
T.iahility
Comprehensive B e y Ijjxy
General $ each person
Liability $ each person
Includes
Contractual
T.iahility
PBD-6
Property Damage
$ each accident
$ aggregate
Bodily Injury
$ each person
$ each accident
Property Damage
$ each accident
$ aggregate
Bodily Injury
$ each person .
$ each accident
Property Damage
$ each accident
CER'T.ft1CATE OF INSURANCE (CONTINUED)
The above policies either in the body thereof or by appropriate endorsement provide that
they may not be changed or cancelled by the insurer in less than ten (10) days after the
insured has received written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters
the coverage afforded by policy or policies indicated by this certificate.
certin /6
(Name of Insurer)
By:
Title:
Address:
PBD-7
DATE:
TO:
NOTICE TO PROCEED
PROJECT: 1990, Tank Rehabilitation Project
Dear
You are hereby notified to commence work in accordance
with the Agreement dated on or before
and you are to complete the work
within consecutive days thereafter. The date of
completion of all work is therefore 1990.
The City of Round Rock
By:
Steven D. Miller, P.E.
Public Works Department
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledge
by , this the day
of , 1990.
Contractor
By:
Title:
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GENERAL CONDITIONS OF THE AGREEMENT
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1. DEFINITIONS
1990, TANK REHABILITATION PROJECT
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 Invitation to Bidders; the Instruction
to Bidders; the Proposal; the Signed Agreement; the
General Conditions of the 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 Bond,
Proposal, Special Conditions of the Agreement,
Invitation to Bidders, 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 the City of Round Rock
or the designated appointee of the City.
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 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.
1.05 Owner. "Owner" shall mean the City of Round Rock,
Texas, named and designated in the Agreement as the
"Party of the First Part" acting through its duly
authorized officers and agents.
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1.06 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 Owner as and
when required to clarify the intent and meaning of the
contract and (c) drawings submitted by the Contractor
to the Owner for acceptance prior to construction.
1.07 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 Owner
as and when required to clarify the .intent or meaning
of all written descriptions, methods and instructions
and (c) all written descriptions, methods and
instruction submitted by the Contractor for acceptance
by Owner prior to Construction.
1.08 Subcontractor. "Subcontractor" shall mean and refer
any to a business organization or individual having a
direct contract with the Contractor for (a) performing
a portion of the Contractor 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.
1.09 Substantially Completed. The term "Substantially
Completed" shall mean that the structure or facility
has been made suitable for use and is in condition to
serve its intended purpose, but still may require minor
miscellaneous work and adjustments.
1.10 Work. "Work" shall mean the work to be done and the
equipment supplies, material and services to ge
furnished under the Contract unless some other meaning
is indicated by the context.
1.11 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.
1.12 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 know to him who gives the
notice.
2. GENERAL PROVISIONS
2.01 CONTRACTOR 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 paries of this
Contract that the Owner shall in all cases decide every
question which may arise relative to the execution of
the Contract on the part of the Contractor; that his
decisions and findings shall be' the conditions
precedent to the right of the parties hereto
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 Owner
render any decision or hive 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 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 Owner as rendered shall be promptly
carried out.
2.02 Right to Owner 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 the Contract, the Owner 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 may make such changes and alterations as the
Owner may see fit in the line, grade, form, dimensions,
plans, or material 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 quality 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
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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 changed and for the actual expenses
incurred in preparation for the work as originally
planned.
2.04 Damages. The right of general supervision by the Owner
shall not make the Contractor an agent of the Owner,
and the liability of the Contractor for all damages to
persons, firms and corporations arising from the
Contractor's execution of the work shall not be
lessened because of such general supervision. The
Contractor is an independent contractor in regard to
work under this Contract and as such is solely liable
for all damages to any persons, firms, corporations, or
their property as result of the prosection 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 and borne by the Contractor at his own cost
and expense.
2.06 Law 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 License, 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
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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 four (4)
sets of accepted and executed Plans and Specifications
without expense to the Contractor 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 inter- pretation defined
under "Contract Documents" shall govern. In the event
that there is still any doubt as to the meaning and
intent of any portion of the Contract, Specifications
or Drawings, the Owner 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 prosection 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 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. Where the premiums
therefor are based on payroll and material costs. The
Owner may direct the form in which accounts of the
"actual field costs" shall be kept and may also specify
in writing before the specify in writing before the
work commences the method of doing the work and the
type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be
incorporated in the written extra work Change Order.
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The 15% of the "actual field cost" to be paid the
Contractor shall cover and compensate him for his
profit, overhead, and general superintendence.
2.12 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.
2.13 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 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.
2.14 Owner's Status. Nothing contained in this Contract
shall create any contractual relation between any
subcontractor and the Owner.
2.15 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 Owner 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 Owner.
2.16 Material. All materials furnished by the Contractor
shall be as required by the Plans and Specifications as
accepted by the Owner or as otherwise stipulated. The
Contractor shall not start delivery of materials which
he is to furnish until the Owner has accepted the
source of supply of such materials.
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2.17 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.
2.18 "Or Equal" Clause Whenever a material, 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 Owner
requesting approval of the use of a material, product,
or article he feels is truly equal to the one
specified. The Owner will evaluate the request to
determine if the material, product, or article is of
equal substance and function and 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 Owner before it may
be incorporated into the work as a substitute for that
specified in the Contract Documents.
2.19 Completed Work. The Contractor shall maintain
continuous adequate safeguards to protect all completed
work from damage, loss, or the intrusion of foreign
elements.
2.20 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.
This 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.
2.21 Protection of Property. The Contractor shall give
reasonable notice to the Owner of public or private
property and utilities when such property is liable to
injury or damage 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.
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2.22 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 Owner 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 Owner.
2.23 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. Their use shall be
strictly enforced.
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITY.
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 Preformance and Payment Bonds. It is further agreed by
the Parties to the Contract that the Contractor will
execute separate performance and payment bonds, each in
the sum of 100% of the total contract price in standard
forms for this purpose, guaranteeing faithful
performance of the work and the fulfillment of any
guarantees required and further guaranteeing payment to
all persons supplying labor and materials or furnishing
him any equipment in the execution of the Contract. If
the contract price is less than $50,000.00, a letter of
credit may b 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.
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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 by duly authorized
to act under the laws of the State of Texas as Surety,
and shall be approved by the Owner.
3.03 Contractor's Ability to Perform. Upon request by the
Owner the Contractor shall furnish sufficient evidence
of his ability to perform the work which is outlined in
this document. This shall include an equipment
inventory and records showing the satisfactory
completion of projects of equal magnitude in the past.
It shall be the prerogative of the Owner to terminate
the Contract as outlined in section 7 "Termination of
Contract ", if job progress indicates that the
Contractor lacks either appropriate experience or
ability.
3.04 Superintendent and Inspections. The Contractor shall
hive 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 Owner, 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 Owner 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 Owner 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 Owner is
satisfied that the conditions causing such faculty work
have been corrected.
3.06 Contractor's Duty to Protect Persons and Property. In
the performance of this Contract, shall protect the
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public and the Owner fully by taking reasonable
precautions to safeguard persons from death or bodily
injury and to safeguard property of any nature
whatsoever from damage. Where any 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 connection 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 circumstance.
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 shell
keep accurate wages records accessible in accordance
with Article 5159 of the Revised Civil Statues 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
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work or selected for the same shall be deemed by the
Owner as unsuitable or not in conformity with the
accepted plans and 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 Owner 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 Owner or
inspector shall have no power to waive the obligations
of this Contract for the furnishing by the Contractor
of hood material and of his performing good work herein
described and in full accordance with the plans and
specifications. No failure or omission of the Owner,
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 Owner, 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 Owner, 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 the specifications for the work. Any
questioned work may be ordered taken up or removed for
re examination by the Owner 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 by the Owner.
3 12 Site Clean Up. The Contractor shall not allow the site
of the work to become littered with trash and waste
material, but shall maintain the site in a neat and
orderly condition throughout the construction period.
The Owner 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
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tracts or grounds which he has occupied and shall leave
them in a condition satisfactory to the Owner.
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 30 days after the mailing of
notice in writing to the Contractor or his agent the
said Contractor shall neglect to make or to undertake
with due diligence that 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 judgement to 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.
4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES
4.01 Lines and Grades. All necessary lines and grades shall
be furnished by the Owner. 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
Owner ample notice of the time and place where lines
and grades will be needed. All stakes, markers, 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 Owner 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 are being
constructed or installed for the purpose of supervising
and inspecting the work 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 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 Owner
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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 Owner, Supervisors, or Inspectors
so appointed when such direction and instructions are
consistent with the obligation of this Contract.
4.04 Collateral Work. The Owner reserves the right to
provide all labor and material essential to the
completion of the 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 Owner.
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 and the
safety of the structure; provided the Contractor has
complied with the requirements of the said Contract
Documents, all approved modifications thereof, and
additions and alterations thereto approved in writing
by the Owner. The burden of proof of such compliance
shall be upon the Contractor to show that he has
complied with the said requirements of the Contract
Documents, approved modifications thereof and all
approved additions and alterations thereto.
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 conductive to economy of construction; provided
however, that the order and time of prosection shall be
such that the work shall be substantially completed as
a whole or in part in accordance with this Contract
within the time of completion hereafter designated;
provided also that the Owner 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
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5.02 Rate of Progress. The Contractor shall give the Owner
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 Owner
to be unsafe, inefficient, or inadequate to insure the
required quality or rate of progress,of the work, the
Owner may order the Contractor to increase or improve
his facilities or methods, and the Contractor shall
promptly comply with such orders; but neither
compliance with such orders nor failure of the Owner to
issue such orders shall relieve 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 Owner.
5.04 Hinderance 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 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. Should delays
repeatedly occur due to the Contractor's failure to
provide adequate plant, equipment, or personnel, or
where the Owner determines that unreasonable
inconvenience to the public is due to such failure, the
Contractor's operation 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 of any employee, or by any
coordinate with other work being done for or by the
Owner.
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other Contractor employed by the Owner, or by strikes,
fire or other cause or causes outside outside of and
beyond the control of the Contractor and which the
Owner determines could have been neither anticipated
nor avoided, then an extension of time sufficient to
compensate for the delay as determined by the Owner
shall be granted; provided, however, that the
Contractor shall give the Owner prompt notice in
writing of he 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
Less than
• 5,001.00
$ 15,001.00
$ 25,001.00
• 50,001.00
$ 100,001.00
$ 500,001.00
$ 1,000,001.00
$ 2,000,001.00
6. INDEMNITY
Contract
$ 5,000.00
$ 15,000.00
$ 25,000.00
$ 50,000.00
$ 100,000.00
$ 500,000.00
$ 1,000,000.00
$ 2,000,000.00
$ 5,000,000.00
Amount of Liquidated
Damages Per Day
$ 30.00
$ 35.00
$ 40.00
$ 50.00
$ 70.00
$ 200.00
$ 300.00
$ 400.00
$ 500.00
6.01 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 indemnity and save harmless the
Owner and the Owner's agents and employees from all
losses, damages, judgments, 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
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agents and employees for the death or injury to persons
or for damage to property 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, worker, 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 sub contractor's compliance with said statue.
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:
Bodily Injury $ 500,000.00 each occurrence
Property Damage $ 250,000.00 each occurrence
Public Liability and Property Damage to protect the
Contractor, any of his Sub - contractors and the Owner
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against claims arising from personal injury, including
accidental death, as well as claims for property
damage.
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, and Owner's and
Contractor's Protective Policy which co- insures the
Owner and the 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 contractor 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 $ 250,000. /person
$ 500,000. /occurrence
Property Damage $ 250,000. /occurrence
6.06 Builders Risk Insurance. Is necessary to cover loss of
or damage to the building materials while the project
is under construction.
The Contractor shall supply to the Owner a Certificate
of Insurance, on a form supplied by the insurance
companies, prior to start work.
6.07 Insurance Certificate. In connection with the
insurance coverage set out in section 6.02, 6.03, 6.04,
6.05 and 6.06 above, the Contractor shall furnish the
Owner with certificate verifying said insurance. Said
certificate shall state that the Owner shall be giver
45 days advance written notice before and provisions of
the policies are changed or in the event said policies
shall be cancelled. This Certificate of Insurance
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shall be provided to the Owner prior to starting any
construction work in connection with this Contractor.
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 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 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 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 10
days after receipt of the notice. Should he fail to do
so within 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 to refuse to resume work within 10
days after written notification from the Owner when
such orders are consistent with this Contract or with
the specifications hereto attached, then the Contractor
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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 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 1.04 "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.
8.03 Methods of Completing the Work. If the Surety should
fail to commence compliance with the notice for
completion hereinbefore provided within 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 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 id the same has 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 14 days notice
published two or more times in a newspaper having
a general circulation in the county of location of
work, may let the contract for the completion of
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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 bond 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 Contract
or his Surety shall be created 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 Owner 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
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 balance shown
to be due then 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 to 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
15 days from the date of said notice the Owner may sell
such machinery, equipment, tools, materials, or
supplies and apply the sum derived from such sale to
the credit of the Contractor and his Surety. Such sale
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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 person 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 Quantities. Any and all estimated
quantities stipulated in the proposal form under unit
price items are approximated 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 prices 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 quantity 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
revised consideration on the portion of the work above
or below 25 percent of the estimated quantity prior to
initiating work or furnishing materials for the overrun
or underrun quantities. Such revised considerations
shall be determined by agreement between the parties or
otherwise by the terms of this contract as provided
under Section 1.04 "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
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specifications and stipulations contained herein, the
Owner agrees to pay the Contractor the amount 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
materials 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 Owner.
9.04 Monthly Estimates and Payments. By the 25th of each
month, Contractor shall submit to the Owner a statement
showing the total value of the work performed up to and
including the 24th day of such month. the statement
shall also include the value of all such materials,
equipment and machinery delivered on the job site with
a release of lien or a paid invoice to be included in
the work to transfer the ownership to the City, all
partially completed work whether bid as a lump sum or a
unit price item which in the opinion of the Owner is
acceptable. The Owner shall examine and approve such
statements within 5 calendar days.
On contracts in which the successful bid amount is less
than $ 400,000.00, the Owner shall pay the Contractor
the total amount of the approved statement, less 10
percent of the amount thereof, which 10 percent shall
be retained until final payment, and further less all
previous payments and all further sums that may be
retained by the Owner under the terms of this
Agreement. On contractor in which the successful bid
amount is $ 400,000.00, or more, the amount of
retainage shall be 5 percent of the amount of the
approved statement. The amount due may be paid or
mailed on or before the twentieth (20) day of the
following month. It is understood, however, that in
either case, if the whole work be near to completion
and some unexpected and unusual delay occurs due to no
fault or neglect on the part of the Contractor, the
Owner may pay a reasonable and equitable portion of the
retained percentage to the Contractor: or the
Contractor, at the Owner's option, may be relieved of
the obligation to fully complete the work and, there
upon, the Contractor shall receive payment of the
balance due him under the contract subject only to the
conditions stated under "Final Payment ".
9.05 Certificates of Completion. Within 10 days after the
Contractor has given the Owner notice that the work has
been completed the Owner shall inspect the work and
satisfy himself by examination and test that work has
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been finally and fully completed in accordance with the
plans, specifications and contract so the Owner shall
issue a Contract Completion Certificate to 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 Contractor
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 Owner shall certify the Final Estimate and submit
it within five (5) days from the date of the Contract
Completion Certificate.
The Owner shall pay the contractor in accordance with
the requirements of 9.04. 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 Owner.
All prior estimates and payments shall be subject to
subject to correction in the final estimate and
payments; but in the absence of error or manifest
mistake, it is agreed that all estimates, when approved
by the Owner, shall be conclusive of 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 Owner 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 be 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
anything done or furnished for or relating to the work
or for any act or neglect to the Owner or of any person
relating to or affecting the work.
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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 form 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.
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.
..... n0 /.tt,.p.et
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SPECIAL CONDITIONS S
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SECTION 01- INFORMATION
01 -01 OWNER
The word Owner in these Specifications shall be
understood as referring to the City of Round Rock,
221 East Main Street, Round Rock, Texas 78664.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than
five (5) counterpart (original signed) sets.
Owner will furnish Contractor two (2) sets of
conforming Contractor . Documents, Technical
Specifications and Plans free of charge, and
additional sets will be obtained from the Owner at
$ 10.00 per set.
01 -03 GOVERNING CODES
All construction as provided for under these Plans
and Specifications shall be governed by any
existing Resolutions, Codes and Ordinances, and
any subsequent amendments or revisions thereto as
set forth by the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE TIME
01 -05
Refer to the General conditions of Agreement,
Section 5.06, page 15 for description.
LOCATION
The location of work shall be as mentioned in the
Notice to Contractors and as indicated on Plans.
01 -06 USAGE OF WATER
All water used during construction shall be
provided by the City. The contractor shall strive
to use that amount of water which is reasonable to
perform the work associated with this contract and
shall endeavor to avoid excessive waste. The
Contractor will be required to pay for all water
used if it is found that unnecessary or excessive
waste in occurring during construction.
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01 -07 PAY ESTIMATES
If pay estimates from the Contractor are not
received by the Owner on or before the time
specified in Section 9.04 of the general
conditions, then the pay estimate will not be
processed and will be returned to Contractor.
01 -08 CONSTRUCTION SPECIFICATIONS
All construction shall be in accordance with the
City of Austin standard construction specification
as adopted and amended by the City of Round Rock.
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this
contract, it shall be the Contractor's
responsibility to make arrangements with the Owner
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.
02 -02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing
his own utility service while performing the work
associated with this contract. No additional
payment will be made for this item.
02 -03 GUARANTEE AGAINST DEFECTIVE WORK
The Contractor warrants the materials and
workmanship and that the work is in conformation
with the Project Specification Plans included in
this contract for a period of one year from the
date of acceptance of the project. Said warranty
binds the Contractor to correct any work that does
not conform with such Project Specification and
Plans or any defects in workmanship or materials
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furnished under this contract which may be
discovered within the said one year period. The
Contractor shall at his own expense correct such
defect within thirty (30) days after receiving
written notice of such defect from the Owner by
repairing same to the condition called for in the
Contract. Should the contractor fail or refuse to
repair such defect within the said thirty day
period or to provide acceptable assurances that
such repair work will be completed within a
reasonable time thereafter, the Owner may repair
or cause to be repaired any such defect by calling
the Contractor's "Warranty Bond ".
A one (1) year Warranty Bond in the amount of one
hundred (100 %) percent of the contract price, as
adjusted by any change orders, will be required
for all other improvements and shall be submitted
prior to final payment. Such bonds shall be from
an approved surety company holding a permit form
the State of Texas to act as surety (and
acceptable according to the latest list of
companies holding certificates of authority from
the Security of the Treasury of the United States)
or other surety or sureties acceptable to the
Owner prior to final payment.
02 -04 ANNIVERSARY INSPECTION
Approximately one (1) year after final acceptance
of the project the City shall drawdown each tank
and inspect the paint system for coating
performance. The Contractor shall be invited to
participate in the Anniversary Inspection.
02 -05 MINIMUM WAGE SCALE
Minimum wage scale as specified and regulated by
the State of Texas and the Federal Government.
02 -06 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial
resources committed to this project; therefore, it
shall be understood by all bidders that the Owner
may be required to change and /or delete any items
which he may feel is necessary to accomplish all
or part of the scope of work within its limit of
financial resources. Contractor shall be entitled
02 -07 CONSTRUCTION REVIEW
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to no claim for damages for anticipated profits on
any 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 form this contract. Unit prices for all
items previously approved in this contract shall
be used to delete or add work per change order.
The Owner shall provide a project representative
to review the quality of materials and
workmanship.
02 -08 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to
complete all work included in this contract, so
authorized by the Owner, as described in the
contract documents and technical specifications.
All items of work not specifically paid for 4n the
bid schedule shall be included in the unit price
bid. Any questions arising as to the limits of
work shall be left up to the interpretation of the
Owner.
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TECHNICAL SPECIFICATIONS
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GENERAL REQUIREMENTS
Section 01 - Summary of Work
1.01 - General
2.01 - General
TECHNICAL SPECIFICATIONS
The Water Tank Rehabilitation Project includes all
work shown on the plans and 'described in the
specification. This includes, in- general,
repairing welds, cleaning the interior, sand
blasting steel surfaces, painting of steel
surfaces, and disinfecting the water tank
according to State of Texas Health criteria. Both
Barton Hill Standpipe and Westinghouse Ground
Storage shall be isolated at the same time. The
Contractor shall coordinate work sequences to
minimize draw -down time on each tank. Each tank
shall be shrouded to prevent overspray, sand
particles, and other debris from leaving the job
site boundaries.
1.02 - Inspection Report
A copy of the inspection report compiled for each
tank is available for review, by appointment, at
the Public Works Department. Bidders shall
familiarize themselves as to the contents of this
report.
Section 02 - Measurement and Payment
Measurement of an item of work shall be by the
unit indicated in the Bid Schedule. Payment shall
be made at the Contract price per unit indicated
in the Bid with total price of the Contract being
equal to the Total Bid, as specified and as
modified, by extending unit prices multiplied by
quantities as appropriate to reflect actual work.
Such price and payment shall constitute full
compensation to the Contractor for furnishing all
labor, equipment, tools, and materials, and for
performing all operations required to furnish to
the City the entire project, complete - in - place, as
specified and as indicated on the plans and in the
specifications.
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2.02 - Schedule of Values
Within 14 days after award of the Contract, the
Contractor shall submit a breakdown of his Lump
sum bid items to the Engineer for use in the
preparation of progress estimates for the Project.
Breakdown shall tabulate quantities and unit
prices to be applied for the various features of
the Work in sufficient detail to permit it use in
preparation of progress estimates. The cost
breakdown shall not be unbalanced. The Engineer
will not approve a progress estimate for payment
until a satisfactory cost breakdown has been
submitted. Progress payments for materials on
hand and equipment delivered for installation as
part of the Work will be based on invoices.
Section 03 - Product Data
3.01 - General
Product Data: Collect required data into one
submittal of each work or system and mark each
copy to show which choices and options are
applicable to project. Include manufacturer's
standard printed recommendations for application
and use, compliance with standards, application of
labels and seals, notation of field measurements
which have been checked, and special coordination
requirements, maintain one set of product data
(for each submittal) at project site, available
for reference by the Engineer or others.
Submittal: Do not submit project data, or allow
its use on the Project, until compliance with
requirements of contract Documents have been
confirmed by the Contractor. Submittal is for
information and record, unless otherwise
indicated. Initial submittal is final submit
unless returned by the Engineer, marked with an
"Action" which indicated an observed
noncompliance. Submit three (3) copies, one (1)
of which will be returned. Allow two (2) week
response time on all submittal information.
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Section 04 - Painting
4.01 - General
Each tank shall be painted in accordance with AWWA
Standard D - 102
The Contractor shall submit for approval the type
of paint he /she proposes to use. The submittal
shall contain the information as defined in
Section 03.
4.O1A - Shrouding System
The Contractor shall install a shrouding system or
other barrier device for Westinghouse Tank and
Barton Hill tank only. The purpose of the
shrouding system is to contain the sand and paint
particles generating during the sand blasting
operations.
The paint on the tanks contain lead. The
contractor shall take all steps necessary to keep
the debris generated during sand blasting and
paint removal operations from leaving the job
site.
Performance: The shrouding system shall be
capable of containing paint and sand particles.
The Contractor shall supply a system from a
manufacturer regularly engaged in the business of
containment system.
The shrouding system shall be made of rip or tear
resistant material. The shroud shall be easily
patched should it tear or rip. The Contractor
shall perform a regular inspection on the
shrouding system to ensure the integrity of the
system is adequately containing the paint and sand
particles.
4.02 - Paint System
Interior: The paint system shall be a two coat
high build epoxy system which meets or exceed
AWWA D102 requirement for potable water
application.
Field surface preparation for the interior paint
system shall be a near white blast cleaning,
reference SSPC -SP1O. The Contractor shall achieve
the blast profile recommended by the paint
manufacturer.
The prime coat have a minimum dry film thickness
of four (4) mils. The finish coat shall have a
minimum dry film thickness of six (6) mils. The
total dry film thickness shall be a minimum of ten
(10) mils.
Exterior: The exterior paint system shall be a
two coat high solids epoxy system with a semi
gloss polyurethane finish coat. The paint system
shall meet or exceed AWWA D102 specifications.
Field surface preparation for the exterior paint
system shall be a commercial blast reference SSPC-
SP6. The Contractor shall achieve the blast
profile recommended by the paint manufacturer.
The prime coat shall have a minimum dry film
thickness of four (4) mils. The semigloss
polyurethane finish coat shall have a minimum dry
film thickness of two (2) mils. The total dry
film thickness shall be a minimum of six (6) mils.
4.03 - Approved Products
Painting manufacturers for interior and exterior
coatings shall be as follows or approved equal.
1. Ameron (Amercoat 395 & 450 HS Amerlock 400)
2. TNEMEC (Series 20 & 73)
3. Valspar (Series 54 & 78 )
4. Approved Equal
4.04 - Color Selection
The exterior color shall be approved by the Owner.
4.05 - Blasting Sand
Sand for blasting shall be a sharp white silica
sand of fine grade mesh. This sand shall be
clean, dry and free of clay particles and other„
extraneous matter. The Contractor shall submit
for approval the type of sand proposed to be use.
The compressed air used for blasting shall be free
of detrimental amounts of water and oil;
compressors shall have adequate traps and
separators.
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4.06 - Paint Application
1. General
All work shall be done in a workmanlike manner, so
that the finished coating will be free from
holidays, pin holes, bubbles, runs, drips, ridges,
waves, laps, unnecessary rush marks and variations
in color, texture and gloss. All coats shall be
applied in such a manner as produce an even film
of uniform thickness.
2. Labeling, Storing, Mixing And Film Thickness
All materials shall be brought to the painting
job -site in the original sealed and labeled
containers of the paint manufacturer. The painter
shall apply each coating at the rate and in the
manner specified by the manufacturer. If material
has thickened or must by diluted for application
by spray run, the coating shall be built up to
the same film thickness achieved with undiluted
material. deficiencies in film thickness shall be
corrected by the application of additional coats
of paint. Paints which can be harmed by exposure
to cold weather shall be stored in heated
shelters. During application, the paint in the
spray tank or other working container shall be not
less than 50 degrees fahrenheit.
3. Atmospheric Conditions
No paint shall be applied when the surrounding air
temperature, as measured in the shade, is below 50
degrees fahrenheit. No paint shall be applied
when the temperature of the surface to be painted
is below 50 degrees fahrenheit. Paint shall not
be applied to wet or damp surfaces, and shall not
be applied in rain, snow, fog or mist, or when the
relative humidity exceeds 85 percent or when it
can be anticipated that the air temperature will
drop below 40 degrees fahrenheit within 18 hours
after the application of the paint. Dew or
moisture condensation should be anticipated, and
if such conditions are prevalent, painting shall
be delayed until mid - morning to be certain that
the surfaces are dry. The day's painting shall be
completed well in advance of the probable time of
day when condensation will occur, in order to
permit the film an appreciable drying time prior
to the formation of moisture. During periods of
inclement weather, painting may be continued by
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ensuring minimum air, surfaces and paint
temperatures prescribed above are maintained.
Paint shall not be applied to surfaces which are
hot enough to cause blistering or pinholing of the
film.
4. Protection of Paint Surfaces
Where shelter or heat is provided paint surfaces
during inclement weather, such as protective
measures shall be maintained until the paint film
has dried, or discontinuation of the measures is
authorized. Items which have been painted shall
not be handled, worked on or otherwise disturbed
until the paint coat is completely dry and hard.
5. Drying Time Prior to Immersion
Drying time prior to immersion, installation or
otherwise handling painted surfaces shall be as
recommended by the paint manufacturer.
6. Inspection
All painting will be inspected for applied coating
thickness and for pinholes and holidays. Such
inspection will not relieve the Contractor of the
responsibility of furnishing qualified labor and
materials in strict accordance with the
specifications. The Contractor shall also furnish
an approved type dry mil gauge apparatus to
measure the dry film thickness. The Contractor
shall also furnish holiday detector devices.
Holiday detector devices shall be approved low -
voltage type. All of the above inspection gauges
shall be furnished and on the job before painting
operations are allowed to proceed, and shall
remain on the job until its completion and
acceptance. The Contractor or his representative
shall instruct on the proper use and care of all
such gauges. The above required testing gauges
furnished are returnable to the Contractor upon
completion of the job. The cost of furnishing all
of the above required gauges shall be borne by the
Contractor.
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4.07 Sand Cleanup
General
The Contractor shall remove and stockpile all sand
generated during the paint removal process. The
send shall be stockpiled on -site and covered. The
sand shall be used in the batching of concrete
mixes for driveway pads.
The cleanup of sand shall require all tools and
devices necessary to restore the tank site to as
near existing conditions as practical. This my
involve the use of vacuums or other similar
devices to gather sand that cannot be picked by
normal cleanup methods.
4.08 Measurement and Payment
Paint Sand blasting, painting, site - cleanup, sand
cleanup, and associated items to be paid for at
the unit price indicated in the bid schedule.
Section 05 - Painting (other than tanks)
S.01 - General
This work consists of furnishing all labor,
materials, equipment and performance of all
operations required to paint all piping, valves
and related items attached to the tank and
termination at ground level.
5.02 - Paint System
Field surface preparation for the paint system
shall be a brush -off blast cleaning (SSPC -SP7).
The color shall be the same as the finish tank
coat.
5.03 - Measurement and Payment
No separate pay item for this activity.
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Section 06 - WELDED STEEL GROUND STORAGE TANK
06 -01 General
06 -05 Welding
This item consists of the design, construction,
and rehabilitation of welded steel storage tanks
in accordance with the Plans and AWWA
Specification D100 (latest revision), AISC and
AISI.
06 -03 Accessories
Accessories shall be as shown on the Plans.
06 -04 Design, Materials and Repair
Material, design, welding, shop fabrication,
repair, erection and inspection of the standpipe
shall conform to all applicable portions of
Specifications AWWA D -100 and AWS D5.2 for
Elevated Steel Water Tanks, Standpipes and
Reservoirs, as jointly adopted by the American
Water Works Association and the American Welding
Society in their latest amended form. Design for
wind loads shall be based on areas subject to
hurricanes. All lap -welds on non -water bearing
plates shall be welded on both sides.
Welding procedures, welders, and welding operators
shall be qualified in accordance with ASME boiler
and Pressure Vessel Code Section IX, and AWWA D-
100, Section 8. The Contractor shall submit
welder certification documents when requested by
the Owner.
06 -06 Inspection and Testing
When applicable, shop inspection by a CWI
(Certified Welding Inspector) shall be required to
determine fabrication and operation compliance
with AWWA D -100 code. The Owner shall select the
third party inspection / laboratory to perform the
testing /inspection.
Field inspection shall consist of visual
inspection by a CWI to assure quality welding not
determined by radiographic testing.
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06 -07 Measurement and Payment
Construction rehabilitation work and other
subsidiary items as shown on the drawings as
included in the Bid Schedule or as shown on the
Plans shall be measured and paid for at the unit
price bid.
Section 07 - Disinfection
07 -01 General
....... i.,..i /sm
The Contractor shall be responsible for the
disinfection of the water storage tanks. This
includes, in- general, the purchasing of all
materials and supplies necessary to complete the
disinfection process.
Included as part of these specifications is a copy
of AWWA C652 titled "Disinfection of Water -
Storage Facilities.
Prior to any disinfection activities the
Contractor shall arrange a meeting with the Owner
to discuss his /her proposed disinfection
procedure.
Bacteriological tests shall be conducted by the
Owner, the Contractor shall pay for each sample.
The cost of each sample is $ 5.00 payable to the
Texas Health Department with check or money order.
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AWWA STANDARD
FOR
American Water Works Association
AWWA C652 - 86
(Revision of AWWA 0105 -80)
DISINFECTION OF WATER - STORAGE FACILITIES
First edition approved by AWWA Board of Directors June 15, 1980.
This edition approved Jan. 26, 1986.
AMERICAN WATER WORKS ASSOCIATION
6666 West Quincy Avenue, Denver, Colorado 80235
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*Altcmate
Committee Personnel
The AWWA Standards Committee on Disinfection of Facilities, which reviewed and
approved this standard, had the following personnel at the time of approval:
G.W. Adrian, Chairman
Consumer Members
G.W. Adrian, California Water Service Company, San Jose, Calif. (AWWA)
R.P. Grady, Portland Water District, Portland, Maine (NEWWA)
W.E. Neuman, American Water Works Service Company, Inc.,
Haddon Heights, N.J. (AWWA)
J.P. Reames, Dallas City Water Utilities, Dallas, Texas (AWWA)
C.H. Smith, Kankakee Water Company, Kankakee, Ill. (AWWA)
J.A. Worthley,* American Water Works Service Company, Inc.,
Westwood, Mass. (NEWWA)
General Interest Members
Ken Choquette,* Iowa Department of Health, Des Moines, Iowa (CSSE)
J.V. Feuss, Cortland Health Department, Cortland, N.Y. (AWWA)
C.B. Hagar, Black & Veatch, Kansas City, Mo. (AWWA)
Ira Markwood, US Environmental Protection Agency, Springfield, I11. (CSSE)
T.W. Walker, New York Department of Health, Victor, N.Y. (AWWA)
Michael Wentink, Nebraska Department of Health, Scottsbluff, Neb. (AWWA)
C.L. Young, California Department of Health, San Francisco, Calif. (AWWA)
Producer Members
Wayne Huebner, Wallace & Tiernan Division, Belleville, N.J. (AWWA)
Copyright 01986 by American Water Works Association
Printed in USA
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SEC.
Standard
Foreword
I History of Standard v
II Major Revisions v
III Information Regarding Use of
This Standard v
1 General
1.1 Scope 1
1.2 References 1
1.3 Record of Compliance 2
2 Cleaning
2.1 Other Materials 2
3 Forms of Chlorine for
Disinfection
3.1 Liquid Chlorine 2
3.2 Sodium Hypochlorite 2
3.3 Calcium Hypochlorite 3
Contents
PAGE SEC. PAGE
4 Alternative Methods of
Chlorination
4.1 Chlorination Method 1 3
4.2 Chlorination Method 2 4
4.3 Chlorination Method 3 4
4.4 Bacteriological Sampling
and Testing 5
Appendices
A Chlorine Dosages 6
B Disposal of Heavily
Chlorinated Water 7
Tables
A.1 Amounts of Chemicals Required to
Give Various Chlorine
Concentrations in
100 000 gal of Water 6
B.1 Amounts of Chemicals Required to
Neutralize Various Residual
Chlorine Concentrations in
100 000 gal of Water 7
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Foreword
This foreword is for information only and is not a parr of AWWA C652.
I. History of Standard. This standard was first approved on June 15, 1980, under the
designation AWWA D105, Standard for Disinfection of Water Storage Facilities. The 1980
edition was developed from information originally contained in AWWA DIO2 -69, modified
to include disinfection of water storage facilities constructed either of steel or other
materials. The standard has been redesignated AWWA C652 with this edition.
This standard describes methods of disinfecting water storage facilities that are newly
constructed, have been entered for construction or inspection purposes, or that continue to
show the presence of coliform bacteria during normal operation. A storage facility is defined
to be a reservoir from which water, without further treatment, is supplied directly to the
distribution piping system for domestic use. From a practical standpoint, this standard
applies to the disinfection of covered storage facilities constructed of steel, concrete, or
materials which would provide a similar structure from a water quality standpoint. Since
wood may support growth of coliform bacteria, it is recommended that any submerged wood
surface (columns, baffles, etc.) be coated with epoxy or other durable and effectively
impermeable paint or coating approved for domestic water use.
Parts of this standard may be applicable to the disinfection of large, finished- water,
open storage reservoirs, such as reservoirs formed by concrete or earth dams, but such
applications are incidental, and this standard is not intended to cover those kinds of storage
facilities.
Three methods of chlorinating storage facilities are described in this standard. The
utility should decide which method is most suitable for a given situation. Choice of the
method used should include consideration of the availability of materials and equipment for
disinfection, the trairiing of personnel who will perform the disinfection, and safety. For
example, the application of gas chlorination should be used only where properly designed
and constructed equipment is available; makeshift equipment is not acceptable where liquid
chlorine cylinders are used. Spray equipment should be used inside the storage facility only
when thorough ventilation is assured or when appropriate protection is provided by the use
of canister -type gas masks or self - contained breathing units. If a method is selected that
requires the draining of a storage facility in order to dispose of highly chlorinated water, then
thorough consideration should be given to the effect on the receiving environment. If there
is any question as to whether a chlorinated -waste discharge may cause damage to fish life,
plant life, physical installations, or other downstream water uses of any type, then an
adequate amount of a reducing agent should be applied to the discharged water in order to
thoroughly neutralize the chlorine residual.
II. Major Revisions. The major change in this edition is redesignation of the standard
from AWWA D 105 to AWWA C652. Other changes include modification of the footnote to
Table A.1 of the appendix to clarify that amounts of chemicals indicated in the table are for
initial chlorine concentrations by volume, and some minor editing.
III. Information Regarding Use of This Standard. This standard is written as
though the work will be done by the owner's personnel. If the owner is contracting for such
work to be done, appropriate provisions should be included in the contract agreement to
ensure that the contractor is specifically instructed as to his responsibilities. At the least, the
owner should specify:
I. Standard used — that is, AWWA C652, Standard for Disinfection of Water Storage
Facilities.
v
vi AWWA C652 -86
2. Method of disinfection to be used.
3. Any required disposal and precautions to be taken in disposing of chlorinated water
in the storage facility.
4. Bacteriological testing and method to be used.
5. Redisinfection procedure, if required.
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Sec. 1.1 Scope
American Water Works Association
"American Public Health Association, 1015 15th St. N.W., Washington, DC 20005.
*Water Pollution Control Federation, 2626 Pennsylvania Ave. N.W., Washington, DC 20037.
*Chlorine Institute, Inc., 70 W. 40th St., New York, NY 10018.
A\
AWWA C652 -86
(Revision of AWWA D105 -80)
AWWA STANDARD FOR
DISINFECTION OF WATER - STORAGE
FACILITIES
, g SECTION 1: GENERAL k,
This standard for disinfection of water - storage facilities covers materials, facility
preparation, application of disinfectant to the facilities' interior surfaces, and sampling and
testing for the presence of coliform bacteria. All new storage facilities shall be disinfected
before they are placed in service. All storage facilities taken out of service for inspecting,
repairing, painting, cleaning, or other activity that might lead to contamination of water shall
be disinfected before they are returned to service.
Sec. 1.2 References
This standard references the following documents. The latest edition of each document
forms a part of this standard where and to the extent specified herein. In case of any conflict,
the requirements of this standard shall prevail.
AWWA B300— Standard for Hypochlorites.
AWWA B301— Standard for Liquid Chlorine.
Standard Methods for the Examination of IGater and Wastewater. APHA,* A W WA, and
WPCFt. Washington, D.C. (16th ed., 1984).
Additional material relating to activity under this standard includes:
Material Safety Data Sheets for forms of chlorine used (provided by suppliers).
Chlorine Institute, Inc. # — Chlorine Manual.
AWWA—Water Quality and Treatment.
AWWA Introduction to **later Treatment.
Safety Practice for Water Utilities. AWWA Manual M3. AWWA, Denver, Colo.
(1983).
Water Chlorination Principles and Practices. AWWA Manual M20. AWWA, Denver.
Colo. (1973).
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2 AWWA C652.86
Sec. 1.3 Record of Compliance
The record of compliance shall be the bacteriological test results certifying that the
water held in the storage facility is free of coliform bacteria contamination.
SECTION 2: CLEANING
Sec. 2.1 Other Materials
All scaffolding, planks, tools, rags, and any other material not part of the structural or
operating facilities of the tank shall be removed. Then the surfaces of the walls, floor, and
operating facilities of the storage facility shall be cleaned thoroughly using a high - pressure
water jet, sweeping, scrubbing, or equally effective means. All water, dirt, and foreign
material accumulated in this cleaning operation shall be discharged from the storage facility
or otherwise removed.
.AWWA B301— Standard for Liquid Chlorine.
tAWWA B300— Standard for Hypochloritcs.
Following the cleaning operation, the vent screen, overflow screen, and any other
screened openings shall be checked and put in satisfactory condition to prevent birds,
insects, and other possible contaminants from entering the facility. Any material to be in the
storage facility that could not feasibly be present during the cleaning shall be placed in the
storage facility in a clean and neat manner to minimize the introduction of dirt or other
foreign material. (An example of this is the placing of a layer of limestone granules on the
unpainted bottom of the storage facility to prevent corrosion.)
• s7F7577A SECTION 3: FORMS OF CHLORINE
FOR DISINFECTION r y�,�
The forms of chlorine that may be used in the disinfecting operations are Liquid
chlorine, sodium hypochlorite solution, and calcium hypochlorite granules or tablets.
Sec. 3.1 Liquid Chlorine*
Liquid chlorine contains 100 - percent available chlorine and is packaged in steel
containers usually of 100 -1b, 150 -1b, or 1 -ton net chlorine weight. Liquid chlorine shall be
used only (I) in combination with appropriate gas -flow chlorinators and ejectors to provide a
controlled high- concentration solution feed to the water to be chlorinated; (2) under the
direct supervision of a person who is familiar with chlorine's physiological, chemical, and
physical properties, and who is trained and equipped to handle any emergency that may
arise; and (3) when appropriate safety practices are observed to protect working personnel
and the public.
Sec. 3.2 Sodium Hypochloritet
Sodium hypochlorite is available in liquid form in glass, rubber - lined, or plastic
containers typically ranging in size from 1 qt to 5 gal; containers of 30 -gal or larger size may
be available in some areas. Sodium hypochlorite contains approximately from 5- percent to
15- percent available chlorine by volume, but care must be used in control of conditions and
length of storage to minimize its deterioration.
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DISINFECTION OF WATER FACILITIES 3
Sec. 3.3 Calcium Hypochlorite*
Calcium hypochlorite is available in granular form or in small tablets, and contains
approximately 65- percent available chlorine by weight. The material should be stored in a
cool, dry, dark environment to minimize its deterioration.
=. °= g=__=' SECTION 4: ALTERNATIVE METHODS
OF CHLORINATION k:,A:::, iii w,., .,.,:• -d
Three methods of chlorination are explained in this standard. Typically, only one
method will be used for a given storage - facility disinfection, but combinations of the
methods may be used. The three methods are (1) chlorination of the full storage facility such
that at the end of the appropriate retention period the waterwill have a free chlorine residual
of not less than 10 mg /L, (2) spraying or painting of all storage facility water- contact
surfaces with a solution of 200 -mg /L available chlorine, and (3) chlorination of full storage
facility with water having a free chlorine residual of 2 mg /L after 24 h.t
Sec. 4.1 Chlorination Method 1
The water storage facility shall be filled to the overflow level with potable water to
which enough chlorine is added to provide a free chlorine residual in the full facility of not
Tess than 10 mg /L at the end of the appropriate 6 - h or 24 - h period, as described in Sec. 4.1.4.
The chlorine, either as calcium hypochlorite, sodium hypochlorite, or liquid chlorine, shall
be introduced into the water as described hereafter.
4.1.1 Liquid chlorine use. Liquid chlorine shall be introduced into the water filling
the storage facility in such a way as to give a uniform chlorine concentration during the entire
filling operation. Portable chlorination equipment shall be carefully operated and shall
include a liquid - chlorine cylinder, gas -flow chlorinator, chlorine ejector, safety equipment,
and an appropriate solution tube to inject the high - concentration chlorine solution into the
filling water. The solution tube shall be inserted through an appropriate valve located on the
inlet pipe and near the storage facility such that the chlorine solution will mix readily with
the inflowing water.
9.1.2 Sodium hypochlorite use. Sodium hypochlorite shall be added to the water
entering the storage facility by means of a chemical -feed pump, or shall be applied by
hand - pouring into the storage facility and allowing the inflowing water to provide the
desired mixing.
4.1.2.1 When a chemical - feed pump is used, the concentrated chlorine solution shall
be pumped through an appropriate solution tube so as to inject the high- concentration
chlorine solution at a rate that will give a uniform chlorine concentration in the filling water.
The solution tube shall be inserted through an appropriate valve located on the inlet pipe and
near the storage facility, or through an appropriate valve located on the storage facility such
that the chlorine solution will mix readily with the filling water.
4.1.2.2 When the sodium hypochlorite is poured into the storage facility, the filling of
the storage facility shall begin immediately thereafter or as soon as any removed manhole
covers can be closed. The sodium hypochlorite may be poured through the cleanout or
inspection manhole in the lower course or level of the storage facility, or in the riser pipe of an
elevated tank, or through the roof manhole. The sodium hypochlorite shall be poured into
`AWWA 13300— Standard for Hypochloritcs.
For refemince, amounts of chemicals needed to give various chlorine concentrations are given in Appendix A,
' Table A I.
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4 AWWA C652-86
water in the storage facility when such water is not more than 3 ft in depth, nor less than 1 ft
in depth or as close thereto as manhole locations permit.
4.1.3 Calcium hypochlorite use. Calcium hypochlorite granules or tablets broken or
crushed to sizes not larger than %a -in. maximum dimension may be poured or carried into the
storage facility through the cleanout or inspection manhole in the lower course or level of the
storage facility, or into the riser pipe of an elevated tank, or through the roof manhole. The
granules or tablet particles shall be placed in the storage facility prior to flowing water into it,
and they shall be located so that the inflowing water will ensure a current of water circulating
through the calcium hypochlorite and dissolving it during the filling operation. The calcium
hypochlorite shall be placed only on dry surfaces unless adequate precautions are taken to
provide ventilation or protective breathing equipment.
4.1.4 Retention period. After the storage facility has been filled with the disinfecting
water, it shall stand full as follows: (1) for a period of not less than 6 h when the water entering
the storage facility has been chlorinated uniformly by gas -feed equipment or chemical
pump, (2) for a period of not less than 24 h when the storage facility has been filled with water
that has been mixed with sodium hypochlorite or calcium hypochlorite within the storage
facility as described in Sec. 4.1.2 and Sec. 4.1.3.
4.1.5 Handling of disinfection water. After the retention period stated in Sec. 4.1.4,
the free chlorine residual in the storage facility shall be reduced to a concentration
appropriate for distribution (not more than 2 mg /L) by completely draining the storage
facility and refilling with potable water, or by a combination of additional holding time and
blending with potable water having a low chlorine concentration. When an appropriate
chlorine concentration is reached, and subject to satisfactory bacteriological testing and
acceptable aesthetic quality, such water may be delivered to the distribution system.
4.1.5.1 The environment to which the chlorinated water is to be discharged shall be
inspected, and if there is any question whether the chlorinated discharge will cause damage,
then a reducing agent shall be applied to the water to be wasted to thoroughly neutralize the
chlorine residual in the water. Federal, state, or local environmental regulations may require
special provisions or permits prior to disposal of highly chlorinated water. The proper
authorities should be contacted prior to disposal of highly chlorinated water.
Sec. 4.2 Chlorination Method 2
A solution of 200 -mg /L available chlorine shall be applied directly to the surfaces of all
parts of the storage facility that would be in contact with water when the storage facility is
full to the overflow elevation.
4.2.1 Method of application. The chlorine solution may be applied with suitable
brushes or spray equipment. The solution shall thoroughly coat all surfaces to be treated,
including the inlet and outlet piping, and shall be applied to any separate drain piping such
that it will have available chlorine of not less than 10 mg /L when filled with water. Overflow
piping need not be disinfected.
4.2.2 Retention. The disinfected surfaces shall remain in contact with the strong
chlorine solution for at least 30 min, after which potable water shall be admitted, the drain
piping shall be purged of the 10 -mg /L chlorinated water, and the storage facility shall then
be filled to its overflow level. Following this procedure, and subject to satisfactory
bacteriological testing and acceptable aesthetic quality, such water may be delivered to the
distribution system.
Sec. 4.3 Chlorination Method 3
Water and chlorine shall be added to the storage facility in amounts such that initially
the solution will contain 50 -mg /L available chlorine and will fill approximately 5 percent of
the total storage volume. This solution shall be held in the storage facility for a period of not
less than 6 h. The storage facility shall then be filled to the overflow level by flowing potable
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DISINFECTION OF WATER FACILITIES 5
water into the highly chlorinated water. It shall be held full for a period of not less than 24 h.
All highly chlorinated water shall then be purged from the drain piping. Following this
procedure, and subject to satisfactory bacteriological testing and acceptable aesthetic
quality, the remaining water may be delivered to the distribution system.
4.3.1 Adding chlorine. Chlorine shall be added to the storage facility by the method
described in Sec. 4.1.1, Sec. 4.1.2, or Sec. 4.1.3. The actual volume of the 50 -mg /L chlorine
solution shall be such that, after the solution is mixed with filling water and the storage
facility is held full for 24 h, there will be a free chlorine residual of not less than 2 mg /L.
Sec. 4.4 Bacteriological Sampling and Testing
After the chlorination procedure is completed, and before the storage facility is placed
in service, water from the full facility shall be sampled and tested for coliform organisms in
accordance with the latest edition of Standard Methods for the Examination of Water and
Wastewater. The testing method used shall be either the multiple -tube fermentation
technique or the membrane - filter technique.
4.4.1 Test for odor. The water in the full facility should also be tested to assure that
no offensive odor exists due to chlorine reactions or excess chlorine residual.
4.4.2 Results of testing. If the test for coliform organisms is negative, then the storage
facility may be placed in service. If the test shows the presence of coliform bacteria, the
situation shall be evaluated by a qualified engineer. In any event, repeat samples shall be
taken until two consecutive samples are negative, or the storage facility shall again be
subjected to disinfection.
4.4.3 Care in sampling. The samples shall be taken from a sample tap on the outlet
piping from the storage facility or from a sample tap connected directly to the storage
facility. In either case, the operation shall be such as to ensure that the sample collected is
actually from water that has been in the storage facility.
4.4.4 Recommended additional samples. During the disinfection operation and the
required sampling of water from the storage facility, it is recommended that samples be
taken from water inflowing to the storage facility to determine ifcoliforms are present in the
typical potable water source.
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APPENDIX A
Chlorine Dosages
This appendix is for information only and is or a parr of A wtrm C652.
Table A.1 Amounts of Chemicals Required to Give Various Chlorine Concentrations in 100000 gal
of Water*
Calcium
Hypochlorite
Desired Sodium Hypochloritc Required Required
Chlorine Liquid gal lb
Concentration Chlorine 5- Percent 10- Percent 15- Percent 65- Percent
in Water Required Available Available Available Available
mg /L lb Chlorine Chlorine Chlorine Chlorine
2 1.7 3.9 2.0 " 1.3 2 6
10 8.3 19.4 9.9 6.7 12.8
50 42.0 97.0 49.6 33.4 64.0
'Amounts of sodium hypochlorite are based on concentrations of available chlorine by volume. For either sodium hypochlorite or calcium
hpochtoritc, extended or improper storage of chemicals may have caused a loss of available chlorine.
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*Except for residual chlorine concentration, all amounts are in pounds.
APPENDIX B
Disposal of Heavily Chlorinated Water
This appendix is for information only and is not a part of AWWA C652.
Sec. B.1 Disposal of Heavily Chlorinated Water
1. Check with local sewer department for conditions of disposal to sanitary sewer.
2. Chlorine residual of disposed water will be neutralized by treating with one of the
chemicals Listed in Table B.1.
Table B.1 Amounts of Chemicals Required to Neutralize Various Residual Chlorine Concentrations
in 100 000 gal of Water*
Chemical Required
Residual 1b
Chlorine Sulfur Sodium Sodium Sodium
Concentration Dioxide Bisulfate Sulfite Thiosulfate
mg /L (S0 (NaHSO (Na (Na • 5H
1 0.8 1.2 1.4 1.2
2 1.7 2.5 2.9 2.4
10 8.3 12.5 14.6 12.0
50 41.7 62.6 73.0 60.0
7
/ "..342(e)
City of Round Rock
CONTRACT CHANGE ORDER NO.
/l/
Date:
Sheet:
, 2
7/3/91
1 of 1
Contract For
1990 Water Tank Rehabilitation
Cwner
CITY OF IIGJND ROCK, 2 E. Main St., Round Rock, Texas 78664
To Ocev Dana, Corrosion Eliminator
(Contractor)
You are hereby requested to comply with the following changes from the contract plans
and specification:
Description of Changes
(Supplemental Plans and Specification Attached)
DECREASE
Contract Price
INCREASE
Contract Price
3. Dcfluct SCAM Welding @ Barton Hi]] Tank
2. Deduct Concrete Fads @ I;arton Hill Tank
3. Deduct Seam Welding @ Westinghouse Tank
4. Deduct Concrete Pads @ Westinghouse. Tank
5. Deduct Concrcto Pads @ Main Well Site
ZUTALS
NET CHANGE IN caNrRAC= PRICE.
(9284.67)
( 564.60)
(9932.50)
( 376.40)
( 941.00)
(21.(149_371
(21,099,37)
JUSTIFICATION: Final contract quantity adjustments.. •
The amount of the Contract before this Change Order
One hundred ninety seven thousand four hundred twenty &
is
p�pp
/] 011ars($ 197,420.00
The amount of the Contract will (Decreased) (xtiacarssed) By The Sum of
4wanty one thousand ninety -rrino & 37/100 0011ars($ 21,099.37
The Contract Total Including the Change Order Will Be:
One hundred seventy six'tiwusarrd three hundred twenty &
63 1;/ 6. 320.63 ' )
/ 15ollars (
The Contract Period Provided for Ccrpletion Will Be
0 Days .
61 L 1) 66eacease) (Unchanged)
and all provisions will apply
7/3/9]
.
This docwcent: will became a supplement to the contract
hereto.
Dew • -• Cgrrosign L1' 'ttor
0
Date
ii.,,NIFT---- •
/ 4•[ / Contractor / Da.:
L ' 11 . o ,Po .. ,maxi x9
City, of Round Rock" • er to