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R-91-1549 - 1/10/1991WHEREAS, the City of Round Rock has duly advertised for bids for the reconstruction of Sunset Drive West, and WHEREAS, Parker & Rogers Construction Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Parker & Rogers Construction Company, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Parker & Rogers Construction Company is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Parker & Rogers Construction Company for the reconstruction of Sunset Drive West, said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 10th day of January, 1991. ATTEST: LAND, i y Secretary RSO1101G RESOLUTION NO. 1:5 MIKE ROBINSON, Mayor City of Round Rock, Texas rti (512) 250 8373 environmental engineers transportation engineers industrial site development engineers land development engineers construction managers planners surveyors rio tech, inc. consulting engineers austln, texas 78726 December 14, 1990 Mr. James R. Nuse, P.E. Director of Public Works City of Round Rock 300 South Blair Street Round Rock, Texas 78664 Re: Engineers Letter of Recommendation Sunset Drive West Street and Drainage Improvements Dear Jim, f ecZe A. William Project Manager Enclosure AWW/slw cc: Mr. Al Wille, Senior Engineer -Dept. of Public Works Mr. Randy Rogers, Parker and Rogers Construction Company Mr. James Domel, R.T.I. rmarravps 9510 ranch road 620 Bids were received at 2:00 p.m., Tuesday, December 11, 1990 for the construction of the Sunset Drive West Street and Drainage Improvements. A total of five (5) bids were received with the lowest bidder being Parker and Rogers Construction Company of Georgetown, Texas, in the amount of $ 58,801.25. A complete bid tabulation is enclosed for your review. Parker and Rogers have completed many street projects in the area for the Texas Highway Department, Williamson County, and the City of Round Rock. Based upon their past experience record and submission of the lowest and best bid, we recommend award of this contract to Parker and Rogers Construction Company in the amount of $ 58,801.25. If you have any questions or comments, please feel free to call. Very truly yours, RIO TECH, INC. • _� ! BIDS EXTENDED & CHECKED di rio tech, inc. Bid Tabulations BY: Aos 0 1fDi DATE: IZ- I3- Don .0.0 sxo .,Val ^, 1.,.. 7e77e I SHEET: 1 of Z OWNER G 0Y OF P-OUNO P IL t / aFFE /���� Fv_ L0,,ca 094 44H1,4Ny •foyJN IK 0,40 WHAM 25•2g Q9'x�.714L. CiFMYpDWN,TIC . J,C..6vsN5 C�pN5t4Lrlo U -1 C.OMPLN1y p85r,, . i % ' C4pm rAL Et- •'• -• ^' Co, JOB NO 103- 8023 BI0 DATE De2.58 11, I99D TINE Z:4OP.N. LOCATION SUNSeT ' WEST DESCRIPTION 5046T ANC DoSo0026 IN, 075 , 1 T E M UNIT APPROX. QUANTITY UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST I) 0. 57ee6r 5588522.024 SY 1434 3,89 9544 00 720 f 0395 20 592 1 8173 28 10°_° 14240 21 14 /e 00022090 4659 tacos 5556 59' 1131 10O° 11310 co loll f Z156 25 9 10891 53 11002 9274 0 20 3) 3" 14.1.1,5.5. 51 1131 429. 5089 50 4‘a. 5202 SO 402 4625 79 5_ 5824 65 4) 479o56160 22e5 U1rE18. LF 770.5 673 4623 00 7• 5393 55 780 5809 57 7 5701 70 5) 5" CO54eE7e Den1/EWAY 6) 1 80513 1 ,1. 14 2i 50 3029 I _ �88 00 25 1250 Co 5578 00138 00 54S 2780 22 2 4007- 0o 200 or. 12 4o0 8404 00 112 28 12 225 8643 70 Z30 ° 28 15 460 703 (e4 co 40 7)3=6 "51 CO202T0 FAvOo SIDEWALK 7392 1229 8) 6't 20,NFol2 E1J CONCRETE 2E DINING WALL 6 57 5 9073 8775 00 6050 5850 e0 88 3050 83•' 5092 50 9) 4^ 1484004 2.020 L.F. t;Ildklai 594.5 105 35 si 8; s� m _ 2050 261.5 75 3 ao 28 1783 2440 50 9 00 4479 5518 4646 co 23 6 23 5002 4e42 ; N — i$NNNNv ee I 0) l5" 2.0.15 $ SrANDACD CUe5 INLET 2 3000 9 OF 137002 00 35029 24000 357 0, 1594 co 72753 3188 722 00 1360 00 52553 12 00004 7E 011883 14E4 106141.1.. 1 13) ADJUST 80168I40x MANHOLE 1 5e. 00 Boone 880 an 1616 1416 00 155022 14 Awusr 0815224D VALVE 1 150 00 14029 100 00 35429 354 co 50050 1 580TEMP. 47'0 5 E RM. 5205,0,4 CONTCOL L5. 1 1000 1000 20 3 3400 00 755741 1507 42 592)3 590 00 • TOTAL 5ASF_ inn 52.301 25 60877 09 11826 45 72556 05 • r10 tech!inc. BIOS EXTENDED a CHECKED Bid Tab— i DATE: 12-13-�0 OWNER �l+`t OF L,pUNDP SHE.T• —of Z JOB NO.loo+- 3oz3 E=E• 6AY MAINTE,.IeNCE BID DATE � `:Ecz fl,199e *Z---v.rt, LOCATION SAN —TINE_ C-.P—. 'I—, DESCRIPTION S,r c-Ti, �V6 WE'r D DPylucGfi IHP2aVbNENTs I'1OR$F-1`JpE:L-,y TK I)u..u.Ax F eD H APPROX. UNIT UNIT QDAfITITY PRICE UNIT UH z lavz"�„n,.,ED FLEy,g,,E BASE �+' laza COSI PRICE COST PRtCE UNIT 1131 12i 7600 t COST PRICE 4 Sr�u Duvet(meg L LT✓—ER sY 1131 4_ 1- 6s LOST 5 °COwKeSTc DRIVEWAYLF 4e5 532 45 L HdND�CdP 7]D.5 L .§pp8 2 7)3'-(,•WpE eAMD 5Y So �DNc�rE FivSe 29;s° fa 5 oa 6'�PEIN:oRGGD[ar1'2ErE e6TAlu1N(s WELL L'F' 6 Z ,jw°e 60p ro 4" HEd DeR Lu¢B LG 23 y` !4296 eo lo)(6"(Z.C,P, 9]5 Sp° T3f2 50 594.5 5'YANDaeD Lu¢g INLET 1-•F, Ips "-' 416 50 12 DRIPRAP H(J1pWALL EA, 18 t- 1953 m 13 AD)J.,5T EXIST/Nbz 15�°= 3ODD - MdNHDLE E 1 14 ARXIST EXISTING VALVE 60.A. 6rAt? 850 W M>? AND I o60^" IO Sp p ERoslou Cp WL EA M • f L.S. 1 l2 °° 125 � r rat 51 5/ p DATE: January 8, 1991 SUBJECT: City Council Meeting, January 10, 1991 ITEM: 13G. Consider a resolution authorizing the Mayor to enter into an agreement with Parker and Rogers for the reconstruction of Sunset Drive West. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On December 11, 1990, the City Round Rock opened bids for the reconstruction of Sunset Drive West. Five (5) bids were received and the company of Parker and Rogers of Georgetown, Texas was the lowest and best bidder at a price of $58,801.25. Bill Waeltz of Rio Tech has recommended this bid and is well familiar with the contractor's capability. Staff recommends acceptance of the award. d 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SUNSET DRIVE WEST STREET AND DRAINAGE IMPROVEMENTS • CONTRACT DOCUMENTS AND SPECIFICATIONS OWNER: CITY OF ROUND ROCK, TEXAS Bids will be recieved at the City of Round Rock, Council Chambers, 221 East Main Street, Round Rock, Texas 78664 until 2:00 p.m., Tuesday, December 11, 1990. ENGINEER: Haynie & Kallman Inc. CONSULTING ENGINEERS 1106 South Mays Round Rock,Texos 78664 (512) 255 -7861 /5 Specification No. `"y H &K Job No. 103 -721 Spec Version: 3/08/90 TABLE OF CONTENTS 1 - TITLE SHEET 2 - TABLE OF CONTENTS 3 - NOTICE TO CONTRACTORS 4 - ADVERTISEMENT SUMMARY 5 - INSTRUCTIONS TO BIDDERS 6 - PROPOSAL AND PROPOSAL BIDDING SHEET 7 - INFORMATION REQUIRED OF BIDDER 8 - AGREEMENT 9 - BID BOND 10 - PERFORMANCE BOND 11 - PAYMENT BOND 12 - MAINTENANCE BOND 13 - CERTIFICATE OF INSURANCE 14 - GENERAL CONDITIONS OF THE AGREEMENT 15 - SPECIAL CONDITIONS OF THE AGREEMENT 16 - TECHNICAL SPECIFICATIONS NOTICE TO CONTRACTORS SUNSET DRIVE WEST STREET AND DRAINAGE IMPROVEMENTS Sealed Bids, in envelopes addressed to the City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664 will be received at the above III mentioned address until 2:00 p.m., Tuesday, December 11, 1990 and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of the I Sunset Drive West Street Drainage Improvements. Bids will be submitted in sealed envelopes for the project on the proposal furnished, and marked in the upper left hand corner "Bid for Sunset Drive West Street and Drainage Improvements, opening 12/11/90 at 2:00 p.m." 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 I total maximum bid price payable without recourse to 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. I Provided however, if the contract price is less than $50,000.00, the bidder shall have the option of providing a letter of credit in lieu of a performance bond, said letter of credit to be in a,form acceptable to the t 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 I or bid bond will not considered. All bid securities will be returned to the respective bidder within twenty -five (25) days after bids are opened, except those which the Owner elects to hold until the successful bidder ' has executed the contract. Thereafter all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. The successful bidder must furnish performance bond or letter of credit, payment bond and maintenance bond in the amount of one hundred (100 %) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates I of authority from the Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any informality in bids received. 1 1 1 1 1 Page 1 of 2 1 Plans, specifications and bidding documents may be secured from I the office of Rio Tech, Inc., 9510 Ranch Road 620, Austin, Texas 78726 for thirty -five ($35.00) dollars per set, which is non - refundable. I Plans and Specifications may be examined at the office of Rio Tech, Inc., 9510 Ranch Road 620, Austin, Texas, 78726, (512) 250 -8373. Bidders should carefully examine the Plans, Specifications and other I documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to II their meaning, he should notify Rio Tech, Inc., and obtain clarification prior to submitting any bid. Prequalification Requirements: The bidder is to submit information regarding his qualifications with this bid in ' accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and regulated by the State of Texas and the Federal Govenment. ' The Project shall be completed within one hundred twenty (120) calendar days after Notice to Proceed from the Engineer. 1 1 1 1 1 1 1 1 1 1 1 1 Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Council Chambers City of Round Rock 211 E. Main Street Round Rock, Texas OWNER: City of Round Rock, Texas LOCATION: Round Rock, Williamson County, Texas PROJECT TITLE: Sunset Drive West Street and Drainage Improvements BID BOND: 5% PERFORMANCE BOND: 100% PAYMENT BOND: 100% MAINTENANCE BOND: 100% OPENING PLACE: ADVERTISEMENT SUMMARY PLANS AVAILABLE: 11/26/90 Rio Tech, Inc. 9510 Ranch Road 620 Austin, Texas 78726 Telephone: (512) 250 -8373 OPENING TIME: 2:00 p.m., December 11, 1990 1 1 1 1 1 and shall be identified as followed: "Bid for Sunset Drive West Street and Drainage Improvements, opening 12/11/90 at 2:00 p.m." ' A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals will be publicly opened and read at the ' time and place stated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. Unauthorized condition, limitation or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be "without addition, alterations or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be ' withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly ' authorized representative, and if filed with the Engineer. DISQUALIFICATION OF BIDDERS 'More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all ' bids will be rejected and none of the participants in such collusion will be considered in future proposals. 1: ETURN OF PROPOSAL GUARANTEES ithin twenty -five (25) days after bids are opened, the Owner will return the proposal guarantees accompanying each of the proposals as are not c onsidered in making the award. All other proposals guarantees will be eld until the Contract has been finally executed. 1 1 1 1 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: City of Round Rock 211 E. Main Street Round Rock, Texas 78664 Page 1 of 3 1 They will be returned to the respective bidders whose proposals they accompany within sixty (60) days after the contract execution. AWARD OF CONTRACT - RESERVATION OF RIGHTS Contract, if awarded, will be awarded to responsible bidder whose proposal complies with all the requirements prescribed. Award, if made, will be made within sixty (60) calendar days after the opening of the proposals. The Owner reserves the right to reject any or all bid I proposals, to accept the lowest responsible bidder's proposal, and to waive any informality in any proposal. EXECUTION OF CONTRACT A bidder to whom award is made shall execute a written contract with I the Owner on the form of Agreement provided. Failure 'or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be a just cause I for the annulment of the award. If the successful bidder refuses or fails to execute the Contract, the Owner may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses, or fails to execute the Contract, the Owner may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second and third lowest responsible bidder to execute the Contract, the work may be bid again at a later date. "PROPOSAL GUARANTEE Each proposal shall be accompanied by a certified or cashier's check or ' bid bond in the amount of not less than 5% of the amount named in the proposal. Said check or bond shall be made payable to the Owner and shall be given as a guarantee that the bidder, if awarded the work, ' will enter into a contract within ten (10) days after Notice of Award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter into said contract, the check or bond as t the case may be, shall be forfeited to the Owner. No bidder's bond will be accepted unless it conforms to the form furnished by the Owner, which is bound herein, and is properly filled out and executed. 'PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his ' full name and his address shall be given; if it is made by a Partnership it shall be signed with the co partnership name by a member of the Partnership, who shall sign his own name, and the name and , address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. 1 1 1 1 1 1 Page 2 of 3 I COMPETENCY OF BIDDERS I In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. I To this end, each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Bidder ", bound herein. ' BIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and • the Contract Documents therefore. It will be understood that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to I be furnished and as to the requirements of the Contract;. Specifications and Drawings. ADDENDA ' Bidders desiring further information, or interpretation of the Plans or Specifications.must make request for such information in writing to ' Engineer, a minimum of 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the ' Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other Contract ' Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued twenty -four (24) hours before the opening of bids will be mailed or delivered to each Contractor "contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Engineer twenty -four (24) hours "before the opening of bids. 1 1 1 1 1 1 1 Page 3 of 3 1 1 1 1 1 1 1 1 1 , 1 1 11 1 11 1 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF SUNSET DRIVE WEST STREET AND DRAINAGE IMPROVEMENTS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is named without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Contractors inviting bids, conditions and classes of materials of the proposed work; agrees that he will provide all the necessary supervision, labor, machinery, equipment, tools, apparatus, and other items incidental to construction; will do all the work and furnish all the materials called for in the Contract Documents, Plans and Specifications 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 prics are approximate only, and are intended principally to serve as a guide in evaluating bids. It is futher 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 expect 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. 11 The undersigned bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 7 1 1 1 1 1 i �1 1 1 r �rl 1 ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the following bid items are the only items of payment under this contract and 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, Specificatins, and the 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 one hundred twenty (120) calendar days following date of "Notice to Proceed ". 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 term 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 7 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 '1 1 r 11 1 Pursuant to the Bidders, the undersigned re bidder Ad hereby em proposes B to s do n all , to furnish all necessary supervision, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work bid as provided by the attached supplemental specifications, and as shown on the plans for the construction of Sunset Drive West Street and Drainage Improvements, and binds himself of acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to wit: Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1 PROPOSAL BIDDING SHEETS JOB NAME: Sunset Drive West Street and Drainage Improvements JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas Gentlemen: BASE BID 1424 S.Y. Unclassified Street Excavation, complete in place, per square yard for / Dollars and NO Cents n 6 � , � C 544 c XJ. 1131 S.Y. 14 1/2" Compacted Flexible Base complete in place per square yard for IEni Dollars and NO Cents $ 107,- $ I 3107y- Page 3 of 7 1 1 1 1 1 1 I 5 1 1 6 1 1 1 1 Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 3 1131' S.Y. 2" H.M.A.C. Pavement, Type D, complete in place per square yard for FOUr2 Dollars SC and =� FTC{ Cents $ 4 $ 5 D l Xx 4 770.5 L.F. Standard Curb and Gutter, complete in place, per linear foot for q1X Dollars 7 n 00 and AJC7 Cents $ 2 $ 4 ,L? , 50 S.Y. 5" Reinforced Concrete Driveway, including excavation and 2" sand cushion, complete in place, per square yard for — 771 7 ;RTY and /00 2 Ea. Handicap Ramp, complete in place, per each for Dollars 00 Cents $ `3U jx- $ l 500 xX Fiu2 / {un/Q ZOO Dollars No and nt0 Cents $ 4O X $ B00 x Page 4 of 7 8 Bid Item Quantity Unit 10 11 7 692 L.F. Item Description and Written Unit Price 3' -6" Wide Concrete Paver Sidewalk including excavation, 2" sand cushion, and 4" Limestone base, complete in place per linear foot for ILk)E W 6 Dollars and 1J0 0° Cents $ I7 ,v $ O 0 - xK 97.5 L.F. 6" Reinforced Concrete Retaining Wall, including excavation, and galvanized steel pipe handrail complete in place, per linear foot for N Dollars and iJ0 Cents $ 9 594.5 L.F. 4" Header Curb, complete in place, per linear foot for III z e E and f �r1y for and 1.10 Dollars Cents $ 105 L.F. 18" R,C.P., Class III, complete in place, per linear foot Dollars Cents $ 2 Ea. 3 Standard Curb Inlet complete in place, per each 1 f — or riFTGEiJ I4UND26p Dollars Page 5 of 7 Unit Price 5p 3XX Amount ofl 0 ,. $ 8,775 x, �S $z / oeoxX and 1JlQ Cents $ 1 SbQ,cx $ C1Q�XJc 1 Bid Item t Item Description Unit and Written Unit Price Ouantity Uni Price Amount 1 12 1 Ea. Concrete Rip Rap Headwall complete in place, per each 1 13 1 1 14 1 1 1 15 1 1 "'TOTAL BASE BID PRICE 1 : 7F7 - 7 E/ tir 1 1401./sAAlo E4HT fithvive, °NE_ ,c4.0 1 1 1 for F7\1 E, I-11_14WO Dollars 5 007A- $ 5°44' and NO Cents $ 1 Ea. Adjust Existing Manhole to finish grade, complete in place, per each • for )O E. (41-InIP D Dollars and t,t0 Cents $ SOOVX- $ 1 Ea. Adjust Existing Valve to finish grade, complete in place, per each for OE I4UaOO F17 Dollars and Cents $ 0x $ I O t. 1 L.S. Temporary and Permanent Erosion Control, including Restoration and Revegetation, complete in place, per lump sum for (Ma 1 14-01.i.S0-1\10 Dollars o0 oo and 1t9 Cents $ 1,000 $ 1 /000 Page 6 of 7 DOLLARS cs 5g,So fe: SUBMISSION OF THE PROPOSAL In accordance with the Contract hereby respectfully submitted by: 41,6,v Name of Contra or d Executed by p4. ) .41wvi 1156 Business Address City 7irum 9iQA'4rr / County Page 7 of 7 Documents, the preceding Proposal is Date 4-// c;G ltzfs.� er-,0 Title or Position ,S 4.s6 - '6q W, Telep one Number 716 State Zip Code 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The bidder is required to supply the following information. Additional heets may be attached if necessary. Name 77( /A) a gQr.° dolo��,Glet,C7'h a . Address PO /N//Z v 1/3/0 AP yveilzlrrt/c gr01�0 Phone Number 5g/A55 A01., Type of Firm: ( ) Individual, INFORMATION REQUIRED OF BIDDER ( ) Partnership, (!) Corporation Corporation organized under the laws of the State of cy iglu) List the names and addresses of all members of the firm or names and titles of all officers of the corporation. p 0 (7) Number of years experience 4.3 rw) (8) List at least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner: $ gB 4-,, lo-90 .•. a„, ,, / $ 60,04/. ..' „e , ./, d Q - 4o A $$o, cLi i_ __ . .___ /0 -90 Co. 5�1PLY�Om,� i /30i l• . .. . - t. g•ia0 4 iefu (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in excess of one -half (1/2) of one (1 %) percent of the total bid price and indicate what part of the work will be done by each subcontractor: Page 1 of 2 (10) Payment o f taxes, in the State of ,i vw Yes /\ No (11) List all jobs you performed in which a trench failure injury occurred: N(ct (12) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Page 2 of 2 Y Y1ff4P UMP YWkf(1 GX IMM1Wt/ LU IDMtl1YUlL!:WIiMVIDE!/lAl LDIO• DILDI , t UNITED STATES F1DEL �';_ = ARANTY COMPANY (A St 7c i o , any) KNOW ALL MEN BY THESE PRESENTS: THAT Parker and Rogers Construction Company ' P 0 Drawer 1136 of Georgetown Texas as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto City of R4 as Obligee, in the full and just sum of Five (5%) Percent of the Greatest Amount Bid lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. the said Principal is herewith submitting its proposal Sunset Drive West — Street & Drainage THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money 6etlypen the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the wort( `,, • if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.; �,' —•1 i n ' • Signed, sealed and delivered 12/11/90 (Date) DISCLOSURE OF GUARANTY FiN NC In the event the U. S.F.& G. Is unable to lulhll its con)ractural obligation under this policy or contract or application or certificate or evidence of coverage. the policyholder or certdicaieholder is not prolccied by an insurance guaranty fund or other solvency p7•rtcnor yrinnpement BID BOND Parker and d Rogers Constructiotit pl y,:^ t � v C. (S UNITED ST TES FIDELITY AND GUARANI RAIPANY19 1 '/� in a , • ^'• ■Attorney -tact ..r BOND NUMBER t..• M 0, 0 11 Ilk e4h:OlU h ak•TA It Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint Linda Coney of the City of AIDAill , State of Tel= its true and lawful attorney in and for the State of Texas for the following purposes, to wit; To sign its name as surety lo. and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors. hereby ratifies and confirms all and whatsoever the said Linda Casey may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be scaled with its corporate seal, duly attested by the signatures of its Vice.President and Assistant Secretary, this 14th day of September , A. D. 19 90 !.A4 1 'r ISEADr. 9. ct ��1 : ) t K c , y . c 1 §1 ±E BALTIMORE CITY. On this 14th day of Serrternber A. D. 19 9Q before mr personally came Cecil. E. Estes . Vice.President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and R7 i 7aheth S. Limn . Assistant Secretary of said Company, with both of whom 1 am personally acquainted. who being by me severally duly sworn, said that they, the said Cecil E. Estes and Elizabeth S. Dunn were respectively the ViewPresident and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vicc.President ' ;and.Assistant Secretary, respectively, of the Company. My, commission expires the first day in ppproutzrorxx C August, A.D., 1994. C r Enna L. Rubright 15.E41.)- \ 11 (Signed) S., J ,t.. !F5.3 / 07) GENERAL POWER OF ATTORNEY No. 103109 ss: CERTIFIED COPY (Signed) (Signed) UNITED STATES FIDELITY AND GUARANTY COMPANY. B CeCil E. Estes Elizabeth S. Dunn Assistant Secretary. Notary Public. COPY OF RESOLUTION That Whereas, 12 is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United Slates and in the Provinces and territories of Canada; Therefor be it Resolved, that this Company do, and it hereby does, authoriar and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys.in -fact, or agent or agents of said Company, in its name and as its act, 10 execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Alao, in its name and as its attorney or allorneys.in.fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognixances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United Stales or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organisation whatsoever, in any and all capacities whatsoever, conditioned for the doing or oat doing of anything or any conditions which may be provided for in any such bond. recognisance, obligation, stipulation, or undertaking. or anything in the nature of either of the same. 1, Janes M. Caao11 , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Linda couey of Austin, Texas , authorizing and empowering her to sign bonds 815 therein 5e1 forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted al a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1181, at which meeting a quorum of the hoard of Directors was present. and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, 1 have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY On DECEMBER 11, 1990 (Date) Assuranr Seerelary. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE , as PRINCIPAL and as SURETY, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS, hereinafter referred to as the "OWNER ", in the penal dum 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 is 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 of the work under the "SPECIFICATIONS FOR CONSTRUCTION OF THE SUNSET DRIVE WEST STREET AND DRAINAGE IMPROVEMENTS ", for which bids are to be opened at the City of Round Rock, Council Chambers, 221 E. Main Street, Round Rock, Texas 78664, on Tuesday, December 11, 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 two 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. BB -1 In the event suit is brought upon this bond by the OWNER and judgment 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 seals this day of , 1990. Principal Surety By: By:, Title: Title: Address: Address: The name and address of the Resident Agency of Surety is: BB -2 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this 021 day of )1/,46f),(J / 4 , A.D., 1991 , by and between the City of Round Rock, of the O State of Texas, acting through Mike Robinson, its Mayor, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and PARKER AND ROGERS CONSTRUCTION COMPANY P.O. DRAWER 1136 of the City of Georgetown of Williamson 1 County , and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR'. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith,, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: "SUNSET DRIVE WEST STREET AND DRAINAGE IMPROVEMENTS" further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by HAYNIE AND KALLMAN, INC., and the construction of which will be administered by RIO TECH, INC., 9510 Ranch Road 620, Austin, Texas 78726, (512) 250 -8373, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) calendar days after the date written notice to do so have been given to him, and to complete the same within one hundred and twenty (120) calendar days after the date of the written notice to proceed, subject to such extensions of time as are provided by the General and Special Conditions. Page 1 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK, TEXAS BY: . V-el /Y7 / KK ROBousQN, r'7Ayo/C- ATTEST: ATTEST: /ME LPr JD ) Ty 5ECE£TAR y (The foil i 1, (.1� k of the Corpo who siggned I!?CF m Corporate Seal 1 Page 2 of 2 PARKER AND ROGERS CONSTRUCTION CO. eA) to be executed if the Contractor is a Corporation.) 4024, , certify that am the S,,gqccretary ation named as Contractor herein; that qJ z C /CoG6 , is Contract on behalf of the Contractor was then _ .ES/De, (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. THE STATE OF TEXAS S COUNTY OF Williamson s PERFORMANCE BOND PB -1 KNOW ALL MEN BY THESE PRESENTS, THAT Parker and Rogers Construction Company of. the City of Georgetown County of Williamson , and State of Texas as principal, and United States Fidelity and Guaranty Company authorized under the laws of the State of Texas'to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock , TEXAS (OWNER) ,. in the penal sum of Fifty Eight Thousand Eight Hundred One And 25/100 Dollars ($58,801.25 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 CONDITIONS OF THIS OBLIGATIONS 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 covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bind 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 the said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway 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 , 1990. Parker and Rogers Construction Company Princi al II By: U By: Title:V Title: Atty - In - Fact Address: P. 0. Drawer 1136 Georgetown, Texas 78627 P. 0. Box 2125, Austin, Texas 78768 PB -2 United Statj ' F Sure��� Vii111 /��j/ Address: P. 0. Box 2125 Austin, Texas 78768 The name and address of the Resident Agent of Surety is : Frank Siddons Insurance Agency elity and Guaranty Company THE STATE OF TEXAS S COUNTY OF Williamson s And 25/100 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT Parker and Rogers Construction Com_paEL the City of Georgetown , County of Williamson , and State of United States Fidelity and ' Texas , as principal, and Guaranty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock TEXAS (OWNER) , in the penal sum of Fifty Eight Thousand Eight Hundred One Dollars ($ 58,801.25 ) 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 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 copies at length herein. PE-3 _ Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway 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 ,1990 Parker and Rogers Construction Company United States Fidelity and Guaranty Company Principal�� / Surety By: V.�nt1.Li C. t✓v✓ .// Title: Vice- "T Cam($ IDrrJ Title: Atty -In -Fact Address: P. 0. Drawer 1136 Georgetown, Texas 78627 P. 0. Box 2125, Austin, Texas 78768 PB - Address: P. 0. Box 2125 Austin, Texas 78768 The name and address of the Resident Agent of Surety is: Frank Siddons Insurance Agency MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF Williamson § KNOW ALL MEN BY THESE PRESENTS, that we Parker and Rogers Construction Company as Principal, and United States Fidelity and Guaranty Company a Corporation organized under the laws of the State of Maryland as Surety, are held and firmly bound unto City of Round Rock as Obligee, in the penal sum of Fifty Eight Thousand Eight Hundred One and 25/100 - ($58,801.25 ) to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed Sunset Drive West Street and Drainage Improvements WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two years after approval by the City of Round Rock against all defects in workmanship and materials which may become apparent during said period; MB -1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of two years from and after date of acceptance by the owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this. instrument this day of 1990. Parker and Rogers Construction Company Principal By Title VIGt R.y.S■06h) Address P. 0. Drawer 1136 Georgetown, Texas 78627 P. 0. Box 2125, Austin, Texas 78768 MB - 2 United Sta Surety By Title Austin, Texas 78768 • The name and address of the Resident Agent of Surety is: . Frank Siddons Insurance Agency Address P. 0. Box 2125 Fidelity and Guaranty Company Atty -In -Fact (SEAL) STATE OF MARYLAND. BALTIMORE CITY, FS 3 (1-83) SS: Set. (Signed) CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 98066 Know all Men by these Present,: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Robert C. Siddons of the City of Austin ns true and lawful attorney in and for the State of Texas . State of Terms for the following purposes, to w To sign its name as surety to. and to execute. seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of tins Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors. hereby ratifies and confirms all and whmsnever the said Robert C. Siddons may Ian fully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be rated with its corporate seal, duly attested by the signatures of its Vice.President and Assistant Secretary, this 4th day of peril • A. D. 1986 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Charles D. Zinmexman, III Stephen J. Trecker Vice•President. Assistant Secretary. on this 4th day of Aprij_ . A. D. 19 86 , before me personally came Charles D. Zi merman, III , Viee•President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Stephen J. Treeker , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they. the said Charles D. ZilliTer11an1, III and Stephen J. Ttec)eer were respectively the Vice•President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was no fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vicn.President and Assistant Secretary, respectively, of the Company. .My cnmmissinn expires the first day in July, A. D. 19.a6.. (SEAL) (Signed) Margaret M. Hurst Notary Public. STATE OF MARYLAND BALTIMORE CITY, 1, Saundra E. Banks , Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of an doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto net my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 4th day of 4r11 , A. D. 19 86 (SEAL) (Signed) Saundra E. Banks - Clerk of the Circuit Court /or Baltimore City. COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys•in•fact, or agent or agents of said Company, in its name and as its act, to execute and delver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance.policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and '• 'Alaq in itsname and as its attorney or ettorneys.in• fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recoggnzancps,dbligations, stipulations, undertakings or anything in the nature of either of the same. which are or may by law, municipal nr "othcryvise, or by any Statute of the United States or of any State or Territory of the United Stales or of the Provinces or territories "bf Canada; or by the rules, regulations, orders, customs, practme or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed. made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I Janes M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Robert C. Skidoos of Austin , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I ilo further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular n ceting of the Board of Directors ofisaid Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at, which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on (Date) Assistant Secretary. INSURANCE BINDER: PRODUCER ALEXANDER & ALEXANDER OF TEXAS 6655 FIRST PARK TEN SUITE 100 SAN ANTONIO, TX 78213 - GARY RAKESTRAW PHONE 512 - 736 -4311 CODE SUB - CODE INSURED CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK„ TX 78664 > COVERAGES < TYPE OF INSURANCE Property CAUSES OF LOSS C 1 BASIC C] BROAD C 1 SPECIAL C1 C] General Liability [ ] COMMERCIAL GENERAL LIABILITY [ ] [ ] CLAIMS MADE X] OCC. X] OWNER'S & CONTRACTORS PROTECTIVE [) C] Automobile [ 1 LIABILITY I ] NON /OWNED [ ] HIRED I 3 GARAGE [1 Auto Physical Damage [ ] COLLISION DED: C ] OTC DED: Excess Liability [ 1 UMBRELLA FORM [ ] OTHER THAN UMBRELLA FORM Worker's Compensation and Employers' Liability > NAME & ADDRESS < I 1 MORTGAGEE C ] ADDITIONAL INSURED I ] LOSS PAYEE C 1 LOAN # ACORD 75 - 8 (2/88) I GARY RAK AUTHORIZED REPRE DATE FOR CLAIMS MADE: RETRO DATE FOR CLAIMS MADE: COMPANY WAUSAU INSURANCE COMPANIES EFFECTIVE DATE TIME 01/31/91 COVERAGES /FORMS [ 1 ALL VEHICLES [ ] SCHEDULED VEHICLES [ ] ALL VEHICLES [ ] SCHEDULED VEHICLES (X AM 12:01 ( 1 PM EACH OCCURRENCE STATUTORY 07/01/91 GENERAL AGGREGATE PRODUCTS- COMP /OPS AGG PERSONAL & ADVTG INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MED EXP (ANY ONE PERS) CSL $ BI PERS /ACCID $ PD $ MED. PAY $ PIP $ UM $ [ ] ACV [ ] STATED AMOUNT C ] OTHER [ 1 MORTGAGEE C 1 ADDITIONAL INSURED C ] LOSS PAYEE C ] LOAN # AGGREGATE 02/01/91 (BINDER N0. 740 EXPIRATION DATE TIME [ 1 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO.: DESCRIPTION OF OPERATIONS /VEHICLES /PROPERTY (INCLUDING LOCATION) PARKER & ROGERS CONSTRUCTION COMPANY P.O. DRAWER 1136 GEORGETOWN, TEXAS 78627 -1136 $ 1000 $ $ 1000 SPECIAL CONDITIONS /RESTRICTIONS /OTHER COVERAGES PARKER & ROGERS CONSTRUCTION COMPANY JOB FOR THE CITY OF ROUND ROCK. TLEET 1 MPW/EM NT 4A.¢Y QAKESr]reva 2I6I91 CAGTUAL Pbuar ow- 8BM1Rlitra4 Foss SET IMP2 1 aMT5) IX112:01AM C ] NOON ALL LIABILITY LIMITS IN THOUSANDS AMOUNT DED CO -INS SELF-INSURED RETENTION (EACH ACCIDENT) (DISEASE - POLICY LIMIT) (DISEASE -EACH EMPLOYEE) This binder is a temporary insurance contract, subject to the conditions shown. CONDITIONS: This Company binds the kind(s) of insurance stipulated on this form. This insurance is subject to the terms, conditions and Limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when repl ed by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder accorg to the Rules an�.,Rates in use by the Company. 3 UE DATE (MM/DD /VVj��� _ ACDlli.n. CERTIFICATE OF INSURANCE I SS I ' Fi 01/25/91 ' PRODUCER Frank Siddons Insurance PO Box 2125 Austin, Texas 78768 r COD SUB -CODE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A TEXAS BUILDERS INSURANCE COMPANY LETT COMPANY B LETTER ' INSURED Parker & Rogers Constr. Co. PO Drawer 1136 Georgetown, Texas 78627 -1136 LEPfER Y C LE-PERY COMPANY E LETTER .COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE .TR POLICY NUMBER POLICY EFFECTIVE DATE (MM/OD/YY) POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM/DDITY) GENERAL LIABILITY 'COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR _._I ! _ J OWNER'S & CONTRACTOR'S PROT. •GENERAL AGGREGATE _ — $ l �. PflODUCTS•COMPlOPS AGGREGATE 'S r T 8 PERSONAL ADVERTISING INJURY ; S EACH OCCURRENCE E (FIRE DAMAGE (Any one Ilrej $ - rMEOICALEXPENSE (Any ono person) $ AUTOMOBILE LIABILITY NY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS — '?NON -OWNED AUTOS GARAGE LIABILITY •COMBINED 1 SINGLE $ 'LIMIT + I t t , 1 �.. GOD - L Y I (Per'peroan) $ I eODILY I $ (Por accident) 'PROPERTY '$ DAMAGE I — EXCESS LIABILITY OTHER THAN UMBRELLA FORM k EACH 1 AGGREGATE OCCURRENCE $ 1 WORKER'S COMPENSATION AND A EMPLOYERS' LIABILITY WC 1055 4 -1 -90 I STATUTORY t- ($ 500 (EACH ACCIDENT) 4 -1 -91 E 500 (DISEASE — POLICY LIMIT) EMPLOYEE) —EACH 500 OTHER ITEMS and Drainage , (DISEASE I DESCRIPTION OF OPERATION$ / LOCATIONS /VEHICLES(RESTRICTIONSISPECIAL Sunset Drive West Street Improvements CERTR -ICATE HOLDER CANCELLATION City of Round Rock Council Chambers 221 East Main Street Round Rock, Texas 78664 P. • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1A— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPPA ITS AGENTS OR REPRESENTATIVES I AUTHORIZED REPRESENTATIVE / ACORD'25 :S (3788) c , • ' • • • PORATION 1988 CERTIFICATE OF INSURANCE 01/25/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ALEXANDER & ALEXANDER OF TEXAS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 6655 FIRST PARK TEN SUITE 100 SAN AITTONIO, TX 78213- 1 COMPANIES AFFORDING COVERAGE PHONE512' 36 -4311 I INSURED ' COMPANY LETTER A WAUSAU UNDERWRITERS INS. CO. PARKER & ROGERS COMPANY LETTER B U.S. FIRE INSURANCE CO. CONSTRUCTION COMPANY P.O. DRAWER 1136 COMPANY LETTER C GEORGETOWN, TX 78627 COMPANY LETTER D COMPANY LETTER E _ > COVERAGES < THIS I5 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP ALL LIMITS IN THOUSANDS LTR DATE DATE GENERAL LIABILITY GENERAL AGGREGATE 2000 A MC] COMMERCIAL GEN LIABILITY 1621 -00- 117096 04/01/90 04/01/91 PRODS - Coif /OPS AGG. 1000 13 13 CLAIMS MADE IN OCC. PERS. & ADVG. INJURY 1000 1 1 OWNER'S & CONTRACTORS EACH OCCURRENCE 1000 PROTECTIVE FIRE DAMAGE I] t] (ANY ONE FIRE) MEDICAL EXPENSE 50 (ANY ONE PERSON) 5 AUTOMOBILE LIAB CSL 1000 A MCI ANY AUTO 1621 -02- 117096 04/01/90 04/01/91 BODILY INJURY [ ] ALL OWNED AUTOS TEXAS - AUTO (PER PERSON) MC] SCHEDULED AUTOS MC] HIRED AUTOS 1621 - 03 - 117096 04/01/90 04/01/91 BODILY INJURY MCI NON -OWNED AUTOS N.C. - AUTO (PER ACCIDENT) C 1 GARAGE LIABILITY C 1 PROPERTY EXCESS LIABILITY EACH OCC AGGREGATE B MC] UMBRELLA FORM 5235310233 04/01/90 04/01/91 ( 1 OTHER THAN UMBRELLA FORM 2000 4000 STATUTORY WORKERS' COMP EACH ACC AND DISEASE-POLICY LIMIT EMPLOYERS' LIAB DISEASE -EACH EMPLOYEE OTHER A EQUIPMENT FLOATER 1661 -00- 117096 04/01/90 04/01/91 $2,308,528. 1% DED. DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS JOB: SUNSET DRIVE WEST STREET AND DRAINAGE IMPROVEMENT > CERTIFICATE HOLDER < > CANCELLATION < • = SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- = PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 CITY OF ROUND ROCK = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 221 EAST MAIN STREET = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ROUND ROCK„ TX = ANY KI UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 78664 uT Z�11 [�G�� ?RF�RESE ACORD 25 - S (3/88) 1 1 1 TYPE OF INSURANCE Workmen's Compensation 1 Comprehensive ' General Liability Includes — Contractual Liability Covers Independent ' Contractors 1 1 1 - 1 TO: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 ▪ Owner's ▪ Protective Comprehensive ' Automobile Liability Owned Vehicles Hired Vehicles Non -Owned Vehicles Includes Contractual _ Liability POLICY NO. CERTIFICATE OF INSURANCE Page 1 of 2 Date: Description of Work: Sunset Drive West Street and Drainage Improvements THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respec the business operations hereinafter described, for the types of insurance in accordance with the provisions of the standard policies used by ' company, and further hereinafter described. Exceptions to standard poli are noted on the reverse side hereof. EFFECTIVE EXPIRATION DATE DATE LIMITS OF LIABILI Statutory, State of Texas, $ Employer's Liability Bodily Injury $ each perso $ each accid Property Damage $ each accid $ aggregate Bodily Injury $ each perso $ each accid Property Damage $ each accid $ aggregate Bodily Injury $ each perso $ each accid Property Damage $ each accid The above policies either in the body thereof or by approprite endorsement provide that they may not be changed or cancelled by the insurer in less then 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. Page 2 of 2 (Name of Insurer) By: Title: Address: GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT CONTENTS 1. DEFINITIONS 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority 2.02 Right of Engineer to Modify Methods and Equipment 2.03 Changes and Alterations 2.04 Damages 2.05 Losses from Natural Causes 2.06 Laws and Ordinances 2.07 Licenses, Permits, and Certificates 2.08 Royalties and Patents 2.09 Keeping of Plans and Specifications Accessible 2.10 Discrepancies and Omissions 2.11 Contractor's Understanding 2.12 Extra Work 2.13 Payment for Extra Work 2.14 Assignment and Subletting 2.15 Subcontractors 2.16 Owner's Status 2.17 Completed Portions of Work 2.18 Materials 2.19 Receiving and Storage of Materials 2.20 "Or Equal" Clause 2.21 Completed Work 2.22 Materials Furnished by the Owner 2.23 Protection of Property 2.24 Shelters for Workmen and Materials 2.25 Sanitary Facilities 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant 3.02 Performance, Payment and Maintenance Bonds 3.03 Contractor's Ability to Perform 1 3.04 Superintendence and Inspection 1 3.05 Character of Employees 1 3.06 Contractor's Duty to Protect Persons and Property 1 3.07 Safety Codes 1 3.08 Barricades 1 3.09 Minimum Wages 1 3.10 Unsuitable Work or Materials 1 3.11 No Waiver of Contractor's Obligation 1 3.12 Site Clean Up 1 3.13 Guarantee 1 i Page (CONTENTS CONTINUED) Page 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 13 4.02 Right of Entry 13 4.03 Owner's Representatives 13 4.04 Collateral Work 13 4.05 Right -of -Way 13 4.06 Adequacy of Design 14 5. SCHEDULING AND PROGRESS OF WORK 14 5.01 Order and Prosecution of the Work 14 5.02 Rate of Progress 14 5.03 Sunday, Holiday, and Night Work 14 5.04 Hindrances and Delays 15 5.05 Extensions of Time 15 5.06 Liquidated Damages for Failure to Complete on Time 15 6. IDEMNITY 16 6.01 Contractor's Idemnity Provision 16 6.02 Workmen's Compensation Insurance 16 6.03 Comprehensive General Liability Insurance 16 6.04 Owner's Protective Insurance 17 6.05 Comprehensive Automobile Liability Insurance 17 6.06 Insurance Certificate 17 7. TERMINATION OF CONTRACT 17 7.01 Right of Owner to Terminate 17 7.02 Right of Contractor to Terminate 18 7.03 Removal of Equipment 18 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18 8.01 Notification of Contractor 18 8.02 Retention of Contractor's Equipment and Materials by Owner 18 8.03 Methods of Completing the Work 19 8.04 Final Acceptance 19 8.05 Disposition of Contractor's Equipment 20 9. MEASUREMENT AND PAYMENT 20 9.01 Character of Measurements 20 9.02 Estimated vs. Actual Quantities 20 9.03 Payment 21 9.04 Monthly Estimates and Payments 21 9.05 Certificates of Completion 22 9.06 Final Estimate and Payment 22 9.07 Notarized Affidavit 22 9.08 Release of Liability 23 9.09 Contractor's Obligation 23 9.10 Payments Withheld 23 ii 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT 1.01 Calendar Day. A calendar day shall be the 24 -hour period from one midnight to the next consecutive midnight. Saturdays, Sundays and Legal Holidays are considered calendar days and shall be used in determining contract time. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance, Payment, and Maintenance Bonds;.the General Conditions of the Agreement; the Special Conditions of the Agreement; the Technical Specifications; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of the interpretation shall be in the following order: Signed Agreement, Performance, Payment, and Maintenance Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Instructions to Bidders, Technical 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 RIO TECH, INC., or, such other Engineer, supervisor, or project representative who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner" shall mean THE CITY OF ROUND ROCK named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. -1- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.07 Plans. "Plans" shall mean and include (a) all drawings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engineer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted by the Contractor to the Owner when and as approved by the Engineer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepared by the Owner as a basis for proposals, (b) all supplementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, however., include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under control of the Contractor, will permit construction of the principal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.13 Written Notice. "Written Notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. —2— ' 2. GENERAL PROVISIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litigation it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shall determine all questions in relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto the arbitration or to any action on the Contractor to receive any money under this Contract; provided, however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that they may be dispensed with. —3— 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 If they increase the amount of work and the increased work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this Contract; otherwise such work shall be paid for as provided under Section 2.12 "Extra Work ". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own cost and expense 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall idemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 Licenses, Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. —4-- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release of idemnity 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 two (2) sets of executed Plans and Specifications without expense to him, the Contractor shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon, and :additional sets will be obtained from the Engineei at commercial reproduction rates plus 20% for handling. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities need preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 — "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. —5— No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid by the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15% Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expenses; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also specify in writing before the work commences the method of doing the work and 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. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. —6— 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Engineer, 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 to to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Engineer. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the Engineer. —7— 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. 2.21 Completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. 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. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through 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 Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. —8— 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.25 Sanitary Facilities. The Contractor at his expense shall furnish necessary sanitary toilet facilities for the use of all employees on the job site. The facilities shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer. Their . use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The-Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance, Payment and Maintenance Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance, payment, and maintenance bonds, each in the sum of 100% of the total Contract price, in standard forms for this purpose guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is less than $50,000.00, a letter of credit may be furnished in lieu of a performance bond. It is agreed that the Contract shall not be in effect until such performance bond or letter of credit, and payment bond are furnished and approved by the Owner and that final retainage shall not be paid until such maintenance bond is furnished and approved by the Owner. The cost of the premium for the performance bond or letter of credit, payment bond and maintenance bond shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds or letter of credit will be made by the Owner. The surety company or companies underwriting the performance, payment and maintenance bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. -9- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 "Termination of Contract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the, Contractor in his absence, and all directions given to him'by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superintendent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform them that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any 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. -10- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The duties of the Contractor in this paragraph shall be nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, County, 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 & Traffic Control Signs. When barricades or traffic control signs are used to satisfy safety requirements, such barricades or signs shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least two (2 ") inches high. Barricades and signs shall be located and fashioned as per the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, 1980 Edition. 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 not pay less than the general prevailing wages shown on said scale and shall keep accurate wage records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with plans, specifications, and contract documents, the Contractor shall, after receipt of written notice thereof from the Engineer, 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 Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or project representative shall have no power to waive the obligations of this Contract for the furnishing by the Contractor of good material and of his performing good work as herein described and in "full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor, or project representative to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer, supervisor, or project representative shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor, or project representative 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 Engineer prior to final acceptance, and if found not in accordance with the plans,• specifications, and contract documents for said work, all expense of removing, re examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 Site Clean Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and Contractor ontractorshall, without r charge e therefor, � th clean k out all pits, pipes, chambers, or conduits, shall tear down and remove all rubbish of every kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of Two (2) years 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 ten (10) days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or, to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however, that in case of emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may -12- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 be made without notice being sent to the Contractor, and the Contractor and /or his Surety (see Section 3.02 on maintenance bond) 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 Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation thereof. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees such stakes, marks, etc. shall be replaced as directed by the Engineer at the Contractor's expense. - 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Representatives. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervisors; or project representatives as the said Owner may deem necessary to examine the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or project representatives for the proper review and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, supervisors, or project representatives so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 Right -of -Way. Easements across private property and lands needed for construction under this Contract will be provided by the Owner. -13- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.06 Adequacy of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has compiled 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 prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure Of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday Holiday and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. —14— 1 1 l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where • the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the.Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee or either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of such 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 ar.certainment 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 penalty but as liquidated damages, the sum of $500.00 per calendar day. —15— 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. IDEMNITY 6.01 Contractor's Idemnity 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 idemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions of law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach or any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore idemnify 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 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 idemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 Comprehensive General Liability Insurance, The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Idemnity 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 $100,000 each person $300,000 each accident -16- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and 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 Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractural liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Idemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 each accident 6.06 Insurance Certificate. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given ten (10) days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resources or remedy give the Contractor written notice of termination of the employment of the contractor ten (10) days subsequent to such notice. Immediately following such date, the -17- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 provision of Section 8 "Abandonment of Contract by Contractor ", of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within ten (10) days after receipt of the notice. Should he fail to do so within ten (10) days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. The Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore except when used in connection with extra work where -18- 1 credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. ' 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for completion herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a The Owner may thereupon employ such force of workers and ' use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, 1 equipment, tools, materials, and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the ' Contractor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed ' by•the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the ' same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. ' b. The Owner under sealed bids, after fourteen (14) days notice published two (2) or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any ' increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. ' However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety 1 shall be credited therewith. 8.04 Final Acceptance. When the work has been completed and accepted ' by the Owner, 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 1 1 -19- 1 1 1 accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, I whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. ' 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to complete the work ' is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his 1 Surety. Should the cost to complete the work exceed the contract price, and the Contractor.or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or I 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 I 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 I be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, I equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, ' with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the I Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT I 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 1 otherwise specifically provided. 9.02 Estimated vs. Actual Ouantities. Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is ' understood and agreed that the actual amounts of work done and 1 -20- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount 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 twenty -five (25 %) percent more or twenty -five (25 %) percent less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below twenty -five (25%) percent of the estimated quantity prior to initiating work or furnishing materials for the overrun or underrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing ' of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirement of the Engineer. 9.04 Monthly Estimates and Payments. The Contractor shall furnish to the Engineer by the twenty -fifth of the month such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. On or about the first day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor ninety•(90%) percent of the amount of such estimated sum on or before the 15th day of said month. -21- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within ten (10) days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall review the work and satisfy himself by examination that work has been finally and fully completed in accordance with the plans, specifications, and Contract. If so and if acceptance by Owner and all governmental entities having jurisdiction has been secured, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract and serve as the date for stoppage of the contract period specified for completion of the Project. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate; provided the Notarized Affidavit specified in Section 9.07 has been received by the Engineer. The Owner shall pay the Contractor within fifteen (15) days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notorized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payment shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake, it is agreed that all estimates, when approved by the Owner, shall be conclusive evidence 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 Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit -22- shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any person relating to or affecting the work. 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which be required in the Contract Documents. 9.10 Payments Withheld. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself. from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payment 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. -23- SPECIAL CONDITIONS OF THE AGREEMENT 1 1 1 1 1 1 1 SECTION 01 - INFORMATION 01 -01 ENGINEER The word "Engineer" in understood as referring to 620, Austin, Texas 78726 Engineer of the Owner, representative to act in Owner. 1 1 1 01 -05 1 01 -06 1 01 -07 1 1 1 these Specifications shall be RIO TECH, INC., 9510 Ranch Road or 12 he Engineer's authorized any particular position for'the 01 -02 COPIES OF SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of• conforming Contract Documents and Technical Specifications free of charge, and additional sets will be obtained from Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided Specifications shall be governed Resolutions, Codes and Ordinances, amendments or revisions thereto as set for under these by any existing and any subsequent forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME Refer to the General Conditions of the Agreement, Section 5.06, Page 15 for description. TIME OF COMPLETION The work shall be completed within the number of calendar days stated in the Proposal. The time shall begin from the date of the Agreement, or from the date of the Notice to Proceed, which ever is latest. OWNER The Owner shall be the party or parties named in the Notice to Contractor. LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated in the Specifications. S -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 -08 USAGE OF WATER Contractor shall pay all costs of water used. water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. 01 -09 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer 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 the Contractor. SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two horizontal distances measured from existing, easily identifiable, immovable appurtenance such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available, costs for developing as -built drawings shall be subsidiary to other bids items. Prior to submission of final as -built drawings to the Engineer, the Contractor shall meet with representatives of the Owner and Engineer in the field to verify the accuracy and completeness of the as -built drawings. S -2 02 -03 LANDS FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, rights -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -04 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services during construction. No additional payment will be made for this item. 02 -05 GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a period of two (2) years from the date of final acceptance by the Owner. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whatever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. S -3 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -09 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -10 LIMITS OF WORK AND PAYMENT It shall be the obligation of the contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the the limits of work shall be left up to the interpretation of the Engineer. 02 -11 PAYMENT FOR MATERIALS ON HAND Owner shall pay for 90% of amount of materials on hand in accordance with monthly estimate procedure stipulated in the ' General Conditions of the Agreement. 02 -12 CONSTRUCTION STAKING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. S -4 PROTECTION OF STARES, MARKS, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be re- staked by the Contractor at the Contractor's sole expense without additional compensation by the Owner. 02 -13 BLASTING When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on.such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly flammable materials, shall conform to Federal, State and Local Laws and Ordinances. The following is a list of requirements in addition to Federal. State and Local Laws and Ordinances: 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300,000 for each contract, at least twenty -four (24) hours prior to using explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The Contractor shall notify the City of Round Rock Public Works Department on every occasion at least twenty -four (24) hours prior to the use of explosives. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineer. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the Inspector, the permit, or by safe blasting practices. S -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 03 - INSURANCE 03 -01 5. The Engineer or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 6. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. (The Contractor is fully responsible for all claims resulting from his blasting operation.) All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them,: or by anyone whose acts any of them may be liable, shall be remedied by the Contractor. Insurance policies must be obtained by the Contractor or separate endorsement obtained by his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public properties, etc. The principal types of insurance which will be necessary are: 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 in the General Conditions 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 Property Damage $100 each accident $100 aggregate A $500,000 umbrella coverage shall also be required. S -6 $300,000 each person $300,000 each accident Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amount of liability. Worker's Compensation and Employer's Liability Builder's Risk Insurande 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 or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. S -7 TECHNICAL SPECIFICATIONS 1 1 1 1 2.01 Clean -up 1 2.01.01 Construction Site 1 2.01.02 Backwork 1 2.02 Grading 1 1 ITEM 3 - EXAMINATION AND REVIEW 3.01 Examination of Work 1 3.02 Notification 1 3.03 Construction Staking 1 I 3.04 Cut Sheets - Other than the City of Austin 1 ITEM 4 - PROTECTION AND PRECAUTION I 4.01 Work in Freezing Weather ' 1 4.02 Protection of Trees, Plants and Shrubs 1 4.03 Barricades 1 I 4.04 Property Lines and Monuments 1 4.05 Disposal of Surplus Material 1 4.06 Contractor's Use of Premises 1 ' ITEM 5 - MATERIALS 5.01 Trade Names 1 1 5.02 Materials and Workmanship 1 ITEM 6 - STREET IMPROVEMENTS - ' 6.01 Technical Specifications 1 ' ITEM 7 - STORM DRAINAGE 7.01 Materials 1 ' 7.02 Measurement and Payment 1 1 1 1 1 TECHNICAL SPECIFICATIONS INDEX ITEM 1 - GENERAL Page 1.01 Scope of Work 1 1.02 Governing Technical Specifications 1 ITEM 2 - CONTROL OF WORK i ITEM 1 1.01 GENERAL DESCRIPTION SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of street improvements, water distribution, sewage collection, and storm drainage facilities complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parenthesis adjacent to captions is a reference to City of Austin Standard Specifications. CONSTRUCTION SPECIFICATIONS The current City of Austin, Standard Specifications as adopted and amended by the City of - Round Rock and the current City of Austin Erosion & Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean Rio Tech, Inc. 1 -1 ITEM 2 CONTROL OF WORK ' 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 EACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in the area adjacent to streets and drainage facilities as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. 2 -1 1 1 1 1 The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of ' material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION ' The Engineer must be notified•a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of Engineer or project representative. 3.03 CONSTRUCTION STAKING 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The Engineer shall furnish the Contractor alignment and reference hubs for utility excavation at an agreed interval and offset, together with cut sheets showing the difference in elevation from top of the stakes to the flow line of the utilities at centerline. This construction staking will be provided one (1) time at the sole expense of the Owner. All re- staking will be provided by the Contractor and paid for by the Contractor at his sole expense without additional compensation by the Owner. PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. 3.04 CUT SHEETS - CITY OF AUSTIN PROJECTS ONLY Water and Wastewater The Engineer shall issue four (4) copies of cut sheets and one (1) copy of field notes to the City of Austin's Water and Wastewater Construction /Inspection Division. The Contractor shall request his cut sheets from the City of 3 -1 Austin Water and Wastewater Construction /Inspection Division. Storm Drainage The Engineer shall issue four (4) copies of cut sheets and one (1) copy of field notes to the City of Austin "One Call Center" One Texas Center, 505 Barton Springs Road, Austin, Texas. The Contractor shall request his cut sheets from the City of Austin Department of Public Works Inspection Department. CUT SHEETS - OTHER THAN THE CITY OF AUSTIN The Engineer shall furnish two (2) copies of -cut sheets to the Contractor. The Contractor shall be responsible for acquiring cut sheets at the office of the Engineer. 3 -2 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER 4.03 BARRICADES Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. Wood slats shall be provided on trees as shown on the plans. Tree protection shall be considered subsidiary to other items and no separate compensation shall be made. Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and 'property. Under no circumstances will any existing road by permitted to remain closed over a weekend. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. 4 -1 I ITEM 5 MATERIALS 1 1 1, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. 5 -1 1 ITEM 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6.01 STREET IMPROVEMENTS TECHNICAL SPECIFICATIONS The following items from the City of Austin Standard Specifications are modified as related to measurement and payment; Items 230, 232, 234 and 236 (Rolling - Flat Wheel, Pneumatic Tire, Tamping Proof) No additional compensation will be made for materials, equipment or labor required by these items, but shall be considered subsidiary to the various items included in the Contract. Item 432 (Sidewalks) rete sidewalk shall be paid at the unit price bid square -et. Reinforced concrete sidewalk with r- - ning wall shall .- .nstructel\piA the height of -- retaining wall adjusted to c. rm to field condi s; however, the height of the wall sha sot e - -. 2.5 feet without approval of the Engineer. .forced concrete sidewalk with retaining wall sh. •e paid fo the unit price bid per cubic .. Determination of to'- ardage used shall be ba >: upon calculated quantities fr. .ctual field surements of wall height, sidewalk width and nesses. Item 504 (Adjusting Structures) Removal, relocation and adjustment of all existing utility lines and structures (regardless of being shown on the plans or not) and adjusting all proposed utility structures, shall be completed to match finished grade and to avoid proposed improvements. This item will include relocation of power lines, telephone lines, gas lines, cable T.V. lines, water lines, sewer lines, and any other utilities that require adjustment or relocation to allow the proposed improvements to be constructed in accordance with these plans and specifications. The work performed and materials furnished as prescribed by this item as indicated above shall not be measured or paid for seperately but will be considered subsidiary to other items in the bid proposal. 6 -1 Series 600 (Environmental Enhancement & Erosion Control Measures) These items shall govern the furnishing, placing, maintaining and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for the project of all disturbed areas and in accordance with the plans or as directed by the Department of Public Works. All temporary erosion control measures including hay bales, rock berms and brush piles shall be erected at locations as required, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of both the existing and proposed spoil sites, and all disturbed areas shall include spreading of a minimum of 4" of top soil, shaping and seeding in accordance with the plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility.until final acceptance. Areas of solid rock excavation shall be exempt from this special provision provided the rock face is left in a neat, clean condition, conforming to the slopes and grades indicated on the Plans. When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance with the Plans. The bid price per lump sum shall include all excavation, materials, shaping, hauling, maintenance, removal at completion of project, disposal of surplus materials, top soil, seeding, and clean up. Item 800 (Traffic Signs, Pavement Markings) This item shall govern the installation of pavement markings (reflectorized paint), pavement markers (reflectorized), traffic buttons, signs and pedestrian ramps. The installation of signs, markings and markers shall conform to the Texas State Department of Highways and Public Transportation "Standard Specifications for Construction of Highways, Streets, and Bridges ". The materials to be used for markings and markers will conform to the State Department of Highways and Public Transportation and Material Specifications. Copies of departmental material specifications are available from the Materials and Test Division, 38th and Jackson Street, Austin, Texas 78703. The Texas State Department of Highways and Public Transportation will not provide any material to the Contractor at no cost. 6 -2 ITEM 7 7.01 STORM DRAINAGE MATERIALS All storm drainage pipe shall be R.C.P. Cl. III as specified in the bid proposal and on the plans unless shown otherwise. 7.02 • MEASUREMENT AND PAYMENT The following items from the City of Austin Standard Specifications are modified as related to measurement and payment: Item 120 (Channel Excavation) This item will be paid for at the contract unit price bid for "Unclassified Excavation ", which price shall be full compensation for furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work. Item 401 (Structural Excavation & Backfill) Unless otherwise shown on the plans, structural excavation for pipe headwall, inlets, manholes, culvert widening (extensions), bridge abutments, and side road and private entrance pipe culverts and any other items will not be measured but shall be included in the lump sum price for each item. Item 403, 406 and 410 (Concrete for Structures; Reinforcing Steel, Concrete Structures) No direct measurement or payment will be made for the work to be done or the equipment to be furnished under these items, but it shall be considered subsidiary to the particular items required by the plans and the contract. Item 503 (Frames, Grates, Rings & Covers) No direct compensation will be made for frames, grates, rings and covers. Measurement and payment for furnishing all materials, tools, equipment, labor and incidentals necessary to complete the work will be included in proposal items which constitute the completed and accepted structures. 7 -1 Item 506 (Manholes) All manholes satisfactorily completed as indicated in plans or specifications will be measured as completed units per each for all depths. When called for in the proposal, manholes shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in bid items for manholes. Each manhole shall be constructed in accordance with the details indicated and to the depth required by the profiles. Item 508 (Misc. Structures & Appurtenances) All miscellaneous structures satisfactorily completed in accordance with the plans and specifications will be measured as completed units unless specified otherwise. Excavation and backfill will not be measured under this item but will be considered subsidiary to the other item. Frames, grates, rings and covers will not be measured and paid for but shall be considered subsidiary to the items for pay. Payment for Inlets for the type shown on the plans in place in accordance with these specifications and measured as prescribed above will be made at the unit price bid for each "Inlet ", Complete of the type specified including transition curbs and gutters. Payment for inlets with extensions of the length shown on the plans and measured as prescribed above shall be made at the unit price bid for each "Inlet" including transition curbs and gutters. The construction, furnishing and placing of the "eight (8) 10' x 10' reinforced concrete box culverts" on a prepared grade at the location designated and as shown shall be in accordance with the details, specifications, and plans. Item 702 (Removing and Relocating Existing Fences) This item covers removal and relocation of all existing fences, gates and hardware as required (regardless of being shown on the plans or not). Relocated fences shall be of the same construction and quality as the existing fence. Payment shall be made at the unit price bid per linear foot for "Relocation of Existing Fence." 7 -2 To 57/ 5.4e. r ■ Cr`T 42r WilsonJones C RAtt4.00 INE FOAM A00 2 PART 1980• PRINTED IN U 5 CL. 9 -ell /. 71�to�' /mss From /9/ / /4/i /Jr ■ / Lt2n / /f Speed Message • Subject 5J/7S 7 -Z'rn,rdr//r,- - CPJnTrac r ,DOre,M rn TS Date n 19 9/ Ar racke cY p /raS �A ,SG✓cat (7) Cnn .l�o/ A Anin � Co4Tra C i D or, rrry I'o 7 A A CIA 3o ✓c r^ f• rer^CacroY er^oJrr•7 4/11JChi ha ✓r b. -r K eKrf"(.17 " 17 -r eOov%igc7 -. /Yea"' .e j- V, Del, -t Cnn Trav Tr f i'f i � 7 e ice r.'r '4,, L �i. C -(f ys ,TF Z ca.. L, ra.F as - '- an e P in, s.• q,'-e /ef'C I r i s/ cve 5�� . %T //�� . � � r n 5t_[nStT b, r• 00n%rac%f " .71 --r 6.„ stop en r co.:" 4 ts n Q c >€'• L. r- ( e o ra� /.� • • J Signed as i ti (512) 250 8373 environmental engineers transportation engineers industrial site development engineers land development engineers construction managers planners surveyors rio tech, inc. consulting engineers austin, texas 78726 Mr. Al Wille, P.E. Department of Public Works City of Round Rock 300 S. Blair Street Round Rock, Texas 78664 February 1, 1991 Re:Sunset Drive Street and Drainage Improvements Dear Al: Please fmd attached seven (7) copies of the Contract Documents for the above referenced project. These have been executed on behalf of the contractor, Parker and Rogers Construction Company. These are being transmitted for execution by the City of Round Rock. In reviewing these documents, I noticed 310 provisions have been made for inclusion of an Owners and Contractors Protective Policy. I have contacted Parker and Rogers and they informed me that an insurance binder for the Owners and Contractors Protective will be Federal Expressed to our office by Monday, February 4, 1991. Upon receipt of this binder we will forward seven (7) copies to your office. If you have any questions or comments please advise. Enclosure Very truly yours, Rio Tech, Inc. A.William Waeltz, P.E. President cc: Mr. Randall Rogers - Parker and Rogers Construction Co. 9510 ranch road 620