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R-93-05-13-12C - 5/13/1993WHEREAS, the City of Round Rock has duly advertised for bids for repainting the McNeil Road Water Tank, and -- __ WHEREAS, N • l5 • POJJY YI(. I d f has submitted the lowest and best bid, and /1 ,'^- WHEREAS, the City Council wishes to accept the bid of P cLciyu uvk t n C •, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on / \/ behalf of the City a contract with • I -, I ( .�q-' v� n for repainting the McNeil Road Water Tank, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 13th day of May, 1993. ATTEST: RS05133C LAND, City Secretary RESOLUTION NO. le- Q3- 05- /3- i 2 MIKE ROBINSON, Mayor City of Round Rock, Texas 9 CITY OF ROUND ROCK INTEROFFICE MEMORANDUM DATE: May 11, 1993 TO; FROM: Steven D. Miller, P. Facilities Engineer RE: McNeil Road Tank Repainting On May 4, 1993 the City received ten (10) bids for the McNeil Road Tank Repainting project (see attached). The low bid was submitted by N. G. Painting. A lower bid was improperly submitted by A -Way Tank Service and therefore was invalidated. N. G. Painting has a good reference list and appears qualified to do this project. I recommend the City Council award this project to N. G. Painting for $77,000. The project estimate was $79,500. cc: Al Wille Fred Russell File Attachment mcwonk.mem/.m/1k ,et James R. Nuse, P.E. Director of Public Works THE CITY OF ROUND ROCK BIDS EXTENDED AND PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock, Texas 78664 DATE : (512) 218 -5555 BID TABULATION SHEET: CHECKED Steve Miller / L. Kumar 5/4/93 1 of 3 CONTRACT : 1993 - McNeil Road Tank Repainting BIDDERS . LOCATION : City Hall, Council Chambers A - Way Tank Serv. , Inc. (INVALID) Bid Bond: Yes N.G. Painting, Inc. Bid Bond: Yes Corrosion Eliminator, Inc. Bid Bond: Yes General Construction by Randy's Bid Bond: Yes DATE: 5/4/93 TIME: 2:00 p.m. ITEM UNIT APPROX. QTY. COST UNIT PRICE COST UNIT PRICE COST UNIT RIC COST 1. To repaint ground storage tank including, in- general, chemical stripping, sand blasting and cleanup per plans and specification. L.S. 1 $64,200.00 $55,000.0 $71,389.00 $72,900.00 2. To shroud the ground storage tank during all exterior sandblasting and painting activities per plans and specification. L.S. 1 $3,450.00 $10,000.00 $3,400.00 $5,000.00 3. To implement a disposal plan including, in- general, collecting, testing and properly disposing of exterior paint debris waste per plan and specifications. L.S. 1 $7,800.00 $12,000.00 $3,500M0 $4,000.00 TOTAL: * $75,450.00 $77,000.00 $78,289.00 - $81,900.00 * INVALID mcnitank/bidtab • THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. 13Y : Round Rock, Texas 78664 DATE : (512) 218 -5555 BID TABULATION SHEET: AND CHECKED Steve Miller / L. Kumar 5/4/93 2 of 3 CONTRACT : 1993 - McNeil Road Tank Repainting BIDDERS LOCATION : City Hall, Council Chambers Blue Ribbon Lining & Painting Bid Bond: Yes MPG Construction, Inc. Bid Bond: Yes Alfred & Sons Construction, Inc. Bid Bond: Yes DATE: 5/4/93 TIME: 2:00 p.m. ITEM UNIT APPRO QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. To repaint ground storage tank including, in- general, chemical stripping, sand blasting and cleanup per plans and specification. L.S. 1 $74,000.00 $88,515.00 $110,000.00 2. To shroud the ground storage tank during all exterior sandblasting and painting activities per plans and specification. L.S. 1 $5,000.00 $12,500.00 $10,000.00 3. To implement a disposal plan including, in- general, collecting, testing and properly disposing of exterior paint debris waste per plan and specifications. L.S. 1 $8,000.00 $4,000.00 $17,000.00 TOTAL: $87,000.00 $105,015.00 $137,000.00 THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock, Texas 78664 DATE : (512) 218 -5555 BID TABULATION SHEET AND CHECKED Steve Miller / L. Kumar 5/4/93 3 of 3 CONTRACT : 1993 - McNeil Road Tank Repainting BIDDERS LOCATION : City Hall, Council Chambers Aubrey R. Walker, Inc. Bid Bond: Yes Broussard Painting, Inc. Bid Bond: Yes Alpha Painting & Decorath Co., Inc. Bid Bond: Yes DATE: 5/4/93 TIME: 2:00 p.m. ITEM UNIT APPRO QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. To repaint ground storage tank including, in- general, chemical stripping, sand blasting and cleanup per plans and specification. L.S. 1 $92,872.00 $120,581.00 $139,634.00 2. To shroud the ground storage tank during all exterior sandblasting and painting activities per plans and specification. L.S. 1 $28,750.00 $8,500.00 $35,404.00 3. To implement a disposal plan including, in- general, collecting, testing and properly disposing of exterior paint debris waste per plan and specifications. L.S. 1 $18,000.00 $13,700.00 $33,550.00 TOTAL: $139,622.00 • $142,781.00 $208,588.00 • Corrected Total 05/11/93 15:38 ROUND ROCK PUBLIC WORKS -. 512 255 6676 DATE: May 1I, 1993 SUBJECT: City Council Meeting, May 13, 1993 ITEM: 12C. Consider a resolution authorizing the Mayor to enter into a contract for repainting the McNeil Road Water Tank. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Bids for the McNeil Road Water Tank repainting were opened on May 4, 1993. The low bid was not opened and read aloud at that time. That bid was sent to the City via Federal Express and was not marked as a bid on the envelope. Staff will make a recommendation on this project at the meeting. NO. 460 1211 • , R q3 - n5 -�3 -sac City of Round Rock Public Works PROJECT 1993 - McNEIL ROAD SPECIF1CATiONS AND CONTRACT DOCUMENTS 1 April 23, 1993 ADDENDUM NO.1 Addendum to 1993 - McNeil Road.Stora2e Tank Repainting ' This addendum issued for above mentioned project and is to be made a part of the contract in full. The following changes or clarifications are to be included in the contract documents: 1 1. Addendum to Special Conditions - pg SC -9, top of page: Disregard title at top of page that states "Section 5 Insurance". Delete or disregard all wording on pg. SC -10. 2. Addendum to Special Conditions. Bidders are to make the following information a part of "Section 02- Special Conditions ": 02 -13 Tank Repair The McNeil Road Tank is currently under repair. The renovation project includes the replacement of the entire roof structure. The contractor is replacing all internal rafters with new painted (primed) rafters. The repair project is scheduled to be completed by June 7, 1993. ' The City shall not release a Notice -to- Proceed for the proposed repainting contract until the repair project is completed. Bidders are required to sign below and return this addendum with their sealed bid sheet. Signature Name (Print) 1 Company Title 1 Date 1 ,ddmd"m.m,ti,pc,m2 1 1 Section 1 1993 MCNEIL ROAD TANK REPAINTING TABLE OF CONTENTS Description Pare 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD - 3.0 Post Bid Documents PBD - 1 4.0 General Conditions GC - 5.0 Special Conditions SC - 1 6.0 Technical Specifications TS -1 tabie93ro:specam 1.0 NOTICE TO BIDDERS The City of Round Rock will accept bids for furnishing all labor, material, and equipment and performing all work required for the project titled "1993 MCNEIL ROAD TANK REPAINTING" (project includes, in- general, repainting of tank, disposing of debris and cleanup). The tank is available for site inspection by bidders with prior arrangement through Public Works. Sealed bids shall be addressed to Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 -5299. Sealed bids will be accepted until 2:00 P.M. May 4. 1993, then publicly opened and read aloud at the same address. No bids may be withdrawn after scheduled bid opening time. Any bids received after scheduled acceptance time will be returned unopened. Bid envelopes shall state date, time of bid opening, and "1993 MCNEIL ROAD TANI REPAINTING ". Bids shall be submitted on City of Round Rock bid forms and shall be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas, equal to five percent (5 %) of the total bid. Plans, Bid Forms, Instructions to Bidders, and Specifications may be obtained from the Department of Public Works, 2008 Enterprise, Round Rock, Texas 78664, beginning Anril 5. 1993 for a non - refundable charge of $15.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder shall execute the standard contract prepared by the City of Round Rock, and shall furnish performance and payment bonds as described in the bid documents. Austin American Statesman Round Rock Leader 4/4/93 4/11/93 4/18/93 NOTICE TO BIDDERS 4/5/93 4/8/93 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid, bidders should read the plans, specifications, bid, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent bid. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on bid forms furnished by the City of Round Rock. 6. All bid shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Bid guarantees must be submitted in the same sealed envelope with the bid. Bid submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty (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. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all bid and to waive technicalities; to advertise for new bids; or to do the birkloc.dettb:specum BD-1 1 I work otherwise when the best interest of the City of Round Rock will be thereby promoted. 1 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis I thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. ' 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the bids, and no bidder may withdraw his bid within said sixty (60) day period of time unless a prior award is made. ' 11. Within ten (10) days after written notification of award of the contract, the ' successful bidder shall furnish a performance bond and a payment bond in the amount of one - hundred percent (100%) of the total contract price. Provided however, if the contract price is less than $50,000.00, the bidder shall have the ' option of providing a letter of credit in lieu of a performance bond, said letter of credit in a form acceptable to the City of Round Rock. Said performance bond, or letter of credit, if applicable, and payment bond shall be from an approved 1 surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority I from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement may be waived by the City of Round Rock. Payment will be made following completion of the work. ' 13. Failure to execute the construction contract within ten (10) days of written 1 notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the bid ' guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. Ill 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 1 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of ' wadx.durb: . BD-2 Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and /or material furnished. 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. udmc.aaro:,pecsm BD -3 Bond No USA 275 -1173 UNIVERSAL SURETY OF AMERICA IIMVIIPAKIMIAMMILIEVALAV UNIVERSAL SURETY OF AMERICA Houston, Texas BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we N. G. Painting, Inc. , 511 W. Main, (Here Insert lull name. rd address or legal Idle of Contractor Kerrville, Texas 78028 as Principal, hereinafter called the Principal, and Universal Surety of America, 1812 Durham, Houston, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock Public Works, (Here Insert Lull name and address or legal title of Owner) 2008 Enterprise Drive, Round Rock, Texas 78664 as Obligee, hereinafter called the Obligee, in the sum of 5 % of the amount of this bid not to exceed Twelve Thousand. Five Hundred and No /100 - Dollars($ 12,500.00 - -). for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for 1993 McNeil Road Storage Tank Repainting (Here insert full name, addresTand description of project( NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed this 29th day of April By 19 93 ,1Y N. G. Painting, Inc. (Seal) (Principal) By Title'4 dercf UNIVERSAL S. ETY OF AMERICA Michael T. Siegeler (Attorney -in -fact) .wwituvrnamarymigtry _ - ' UNIVERSAL SURETY OF AMERICA - 1812 Durham / Houston, Texas 77007 GPA 275 1173 For venfication of the authority of this power you may telephone (713) 863 -7788. Power of Attorney Valid Only If . Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY — CERTIFIED COPY Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the taws of the State of Texas, and having its pnncipal office in Houston, Texas, does by these presents make, constitute and appoint Michael T. Siegeler Jimmie D. Siegeler 011ie D. Siegeler of Giddings and State of Texas its true and lawful Attorney(s )-in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bonds not to exceed $500.000, unless such is accompanied by a letter of authority—signed by the President, Secretary or Executive Vice President of IJnivrrsal Surety of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate . seal of the Company and duly, attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated limitations, and such authority is to continue in force until December 31, 99 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s )-in -Fact to represent and act for and on behalf of the Company." - - "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation." In Witness Whereof Universal Surety of America has caused these to be signed by its presents President, John Knox, Jr. and its corporate seal -. to be hereto affixed this 1s day o f March A D 19 90 • 4 UNIVERSA - R • • A - - - i e r y State of Texas § \ ` John ' ox , . President s s: s County of Harris ,. On this 1st day of March in the year fore me Wendy W. Stuckey ' _211_ a notary public, personally appeared John Knox. Jr. personally known to me to be the person who executed the within instrument as President - on behalf of the corporation therein named and acknowledged to me that the corporation executed it. jp . . P ypW 71t . , w <s tj. Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. - GIVEN under my hand and the seal of said Company, at Houston, Texas, this 29 th day of Apri 19 93 • Secretary COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863 -7788. If the problem is not resolved you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714 -9091, Fax (512) 475 -1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without any validity. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ( Qk,\ \Q BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, ' `n ��•�Ril1{1 as PRINCIPAL and (1(1'i tardy Ciniw; as SURETY, are held and firmly bound unto the City of Round Rock 221 East Main Street, Round Rock. Texas 78664 hereinafter referred to as the "OWNER ", in the penal sum of five percent (5%) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ c <p ei 0 f ro heA The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the 1993 McNeil Road Ta Repainting for which bids are to be opened at the office of the OWNER on 1993. 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 (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1991. Principal: Surety: By: (Seal) By: (Seal) mdda.dwn:,p,m BD-4 JOB NAME: 1993 McNeil Road Tank Repainting JOB LOCATION: Round Rock, Williamson County, Texas OWNER: DATE: Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of 1993 McNeil Road Tank Repainting and binds himself on acceptance of this bid to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: Bid Item Ouantity 1. 1 biddoe.det/b:specsm City of Round Rock, Texas May, 1993 BIDDING SHEET and BASE BID Item Description Unit nit and Written Unit Price Price L.S. To repaint ground storage tank including, in- general, chemical stripping, sand blasting and cleanup per plans and specifications, complete -in- place for: ( F TY I i v E T l-fot AIU BD -5 cents. Amount dollars Bid Item Quantity 2. 1 3. 1 biddoc.det/b:specsm Unit L.S. L.S. Item Description Unit and Written Unit Price Price To shroud the ground storage tank during all exterior sandblasting and painting activities per plans and specifications complete - in - place for: i E N I - tr c /s1\ ) iD and To implement a disposal plan, including, in- general, collecting, testing and properly disposing of exterior paint debris waste per plans and specification complete in -place for: 1 w<—' IV c1Acnt ).SA and Nn Na TOTAL BASE BID MATERIALS ALL OTHER CHARGES * TOTAL Amount cents BD -6 cents $ * NOTE: This total must be the same amount shown above for "TOTAL BASE BID." dollars ,a052$ to© / dollars $ 77 f fl() $1-in non'' 'K 00a Alf $ If this bid is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within seventy- two (72) calendar days after the date of the written Notice - to-Proceed. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. Respectfully Submitted, ep.,yktfigar, Title for Name of Firm Date ° Y )9 93 biddoc.det/b:.pecsm Address a /o- (Q57— c. 9t0 Telephon<eCk_ l . Secretary, if Ctracto r is a Co ra 'on atYlaok BD -7 3.0 POST BID DOCUMENTS 1111; STATE OF TEXAS postbid/b:apeam AGREEMENT COUNTY OF WILLIAMSON THIS AGREEMENT, made and entered into this / day of in and between the CITY OF ROUND ROCK, TEXAS acts the First Part Itereinafter, termed the OWNER, and N).(?. Citx of , County of KO JLA,. , Party of the Second Part, hereinafter termed C 1993 McNeil Road Tank Repainting PBD -1 A.D. 19 � by Ma or, Party of of the , State of ontractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by said First Party (Owner), the said Second Party (Contractor), hereby agrees with the first Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Bid dated N A L( � `l� for certain improvements described as follows: The Contractor shall perform all work shown on the Plans and described in the Contract and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 10 consecutive calendar days after that date of the Notice to Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within seventy-two (72) calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's bid, subject to additions and deductions, all as provided in the General Conditions of the Agreement. AGREEMENT - continued The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full: The Notice to Bidders The Instruction to Bidders The Bid and Bidding Sheets The Performance & Payment Bonds The General Conditions of Agreement The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Certificate of Insurance The Plans IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in multiple originals in the year and day first above written. ATTEST: retary, if ontract is a Corporation or otherwise registered with the Secretary of the State p d/b:sp« :m PBD -2 By Party of the ' . Part (Owner) Mayor - City of Round Rock By: CgilitaCrideala0 Party of the Second Part (Contractor) THE STATE OF TEXAS COUNTY OF WILLIAMSON poatn id/n:y+enm Jpud usA a - 75 -1170 PERFORMANCE BOND KNOW ALL MEN BYTHESEPRESENTS: That N. G. Painting, Inc. of the City of Kerrville County of Kerr , and State of Texas , as Principal, andu get, Of A dilthorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OFROUND ROCK, TEXAS, (Owner), in the penal sum of Seventy - Seven Thousand and No /100 - dollars ($ 77,000.00 * * * * * * * * * *) for the payment whereof, well and truly to be made 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 zest day of May , 19 93 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 1993 McNeil Road Tank Repainting NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statues of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PBD -3 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21th day of May 1993. N. G. Painting, Inc. Universal Surety of America Principal By: xno tk ita Title Title 511 W. Main 950 Echo Lane, Suite #250 Address Address Kerrville, Texas 78028 Houston, Texas 77024 The name and address of the Resident Agent of Surety is : Siegeler Insurance Agency, Inc., 172 W. Austin St., Giddings, Texas 78942 po,waro:.po.m PBD-4 Surety By: � Wlit.14 Michael T. Siegeler"...:.: z Attorney -In -Fact THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND UM A -ii - is KNOW ALL MEN BY THESE PRESENTS: That N. G. Painting, Inc. , of the City of Kerrville , County of Kerr , and State of Texas as Principal, ands -) tY 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, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of seventy -seven Thousand and No /loo Dollars ($ 77 ,000.00 * * * * * * * * * * * * * * * * * * * * * *) for the payment whereof, well and truly be made 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 , iGt day of May , 19 9 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 consisting of: 1993 McNeil Road Tank Repainting NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. poi tid/b:apecam PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's 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 21 day of Mav , 1993. N. G. Painting, Inc. Universal Surety of America Principal Surety / By: P By: Michael T. Sie eler- 2k� t DE, Title 5 \ 1/Jt i1_ MA-10 ST' 950 Echo Lane, Suite 4250 Address 2to-�51 -Sc4o The name and address of the Resident Agent of Surety is : Siegeler Insurance Agency, Inc., 172 W. Austin St., Giddings, TX 78942 poaw8dro:p.m PBD -6 Title Address Attorney -In -Fact Houston, Texas 77024 rt • UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 p GPA - 275 11 ty 8 7 _ ' For verification of the authority of this power you may telephone (713) 863 -7788. Power of Attorney Valid Only If - Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY — CERTIFIED COPY • Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pnncipal office in Houston, Texas, does. by these presents make, constitute and appoint Michael T. Siegeler - Jimmie D. Siegeler 011ie D. Siegeler of Giddings and State of Texas " its true and lawful Attomey(s )-in -Fact, full with power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bonds not to exceed $500,000, unless such is accompanied by a Letter of a» thority�igned by the President, Secretary or Executive Vice President of - I Tniversal Surety of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorne tt -Fact may do within the above stated limitations, and such authority is to continue in force until December 31, y i,'+ Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. , "Be It Resolved that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s )-in -Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such pnnted facsimile signature and seal shall be valid and binding upon - the corporation." - _ ' In Witness Whereof Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 1st day of March A D 19 90 0 By State of Texas t "^ j John ' nox,`Jr . Preiidrnt County of Harris ' '`h : "� y^ On this st d of March in the year 90 , ore me Wendy W. Stitt-key `" - - a notary public, personally appeared John Knox. Jr. personally known tome to be the - person who executed the within instrument as President - on behalf of the corporation therein named and acknowledged to me that the corporation executed it. {`' ° ",m. S • 1 V Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. - - GIVEN under my hand and the seal of said Company, at Houston, Texas, this 2 dayy of Mn Y 1 9 , • C-7 �� 4G Secretary COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863 -7788. If the problem is not resolved you may also write the State Board of Insurance, P.O. Box 149091, Austin, Texas 78714 -9091, Fax (512) 475 -1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without any validity. 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ACIII:D• CERTIFICATE OF INSURANCE PRODUCER ' CONFERS Siegeler Insurance Agency. Inc. 172 West Austin Street Giddings, Texas 78942 ISSUEQAT THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT Z ONLY AND NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE LETTER Y A Essex Insueance Caopany COMPANY 8 LETTER INSURED a� N.G. Painting, Inc. 511 Nest Main Kerrville, Texas 78028 COVERAGES THIS IS TO ("RATIFY THAT THE POI ICIFS OF INSIIRANDF I IBTPD RFI INUICAILO. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION CIA fIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES COMPANY LEi TER C couPANr LETTER VEb M COMPANY E X93 LETTER OW HAVE REEN ISSUED TO THE INSURED NAMED AROVF FOR THE POI ICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS. CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDTYY) POLICY EXPIRATION DATE (MMIDEBYY) LIMITS A IT HRbS cm. 3AG6830 05/].2/93 05/12/94 BODILY INJURY OCC. f • A n K COMPREHENSIVE FORM PREMISES /OPERATIONS UNDERGROUND EXPLOSION d COLLAPSE HAZARD PRODUCTS /COMPLETE° OPER. CONTRACTUAL INDEPENDENT CONTRACTORS BODILY INJURY AGO f PROPERTY DAM AGE OCC. PROPERTY DAMAGE AGG. S BI 5 PO COMBINFD OCC $ i I UUU I UUU. B1 E PD COMBINED AGG $ 2,UUU.UUV. PERSONAL INJURY AGG. S • • BROAD FORM PROPERTY DAMAGE PERSONAL INJURY - X AUTOMOBILE -- LIABILITY ANY AUTO ALL OWNED AUTOS (Priv Pass 7 AU OWNED AUTOS ( )tner Tnan ) Prry Pass HIHEO AUTOS NON OWNED AUTOS GARAGE LIABILITY BODILY INJURY (Pa person) S BODILY INJURY (Pa ealeelxl $ PROPERTY DAMAGE $ BODILY INJURY A PROPERTY DAMAGE COMBINED 8 EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM TITHER THAN UMBRELLA FORM AGGREGATE S WORKER'S COMPENSATION AND EMPLOYERS' LIABNITY l STATUTORY LIMITS EACH ACCIDENT S DISEASE POLICY LIMIT $ DISEASE -EACH EMPLOYEE f ' OTHER d �y ' DE$C11�P i DPEHATIOHSR A I'(oNS a or o f LC7s=C3 irate CERTIFICATE HOLDER � •LL I City of Round Rock 221 East Main Street: 9nd Rock, Texas 78664 ' ' ACORO 25 (7i90) Solder for the above mentioned policy. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ..---.DAYS 3 WRITTEN OTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 0 M L SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY ND U• • THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRES TATI E y ACORD CORPORATION 1990 SUN 03 '93 02 :51PM NG PAINTING 511 W MAIN ST KERR T P.2 JUN 03 '93 02 :52PM NG PAINTING 511 W MAIN ST KERR T AC _ RI1. CERTIFICATE OF INSURANCE PRODUCER STEGELER INSURANCE AGENCY INC. 1 ?Z N. AUSTIN ST. GIDDINGS TX 71942 INSURED N FT PAINTING INC 5:3 WEST NM STREET KERRVILLE COVERAGES CO TYPE OP INSURANCE LTR EXCESS LIABILITY OTHER OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS UASIUTY CERTIFICATE HOLDER THE CITY DF ROUND ROCK VA EAST NAIN STREET ROUND ROCK TX ?6664 ACORD 0$ (11100) TX 71020 -0000 P.3 188VE OAYB (MMIDDf(Y1 05121/93 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 COMPANY A LERER COMPANY E3 LETTER L C COMPANY MA NY E A LETTER COMPANIES AFFORDING COVERAGE UNITED STATES FIRE INSURANCE COMPANY THIS 15 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. POLICY NUMBER, CEECIHPTION OP OPERARONSILOCHRONEAMMICLESAPECIAL ITEMS TEXAS OPERATIONS oA E (MLUFEDDIYYJ CTRIE POLICY EXPIRATION DATE (MWODNY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE 8 COMMERCIAL GENERAL UABIUTY P0000CT$COMPSOPS AGGREGATE $ CLAMS MADE OODUR PERSONAL A ADVERRSINO INJURY S OWNERS & CONTRACTORS PROT. EACH OCCURRENCE FIRE DAMAGE (Any one my s MEDICAL 80PEN5E (MY OM paw) $ AUTOMOBILE LIABILITY COMBINED ANY AUTO RECEIVED MAY 2 7 1993 UM E ALL OWNED AUTOS 00011.1 SCHEDULED AUTOS (P PUUHA s HIRED AUTOS BODILY INJugy NONOWNED AUTOS (Pew occc(den8 GARAGE UARIUTY DAMAGE Y s OCCURRENCE AGGREGATE s S 101- Of0451 03/44/93 03/241!9 STATUTORY $ . 100 (EACH ACCIDENT) $ S00 (DISEASE — POLICY UMII) : 104 (DISEASE—EACH EIAPLOYEE) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL i'O MAIL 10 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 PON THE COMPANY, R§,}. GENTS OR RlPRESENTATIVES. AUTHORIZED REPR 1 ACORO CORPORATION 3909 PRODUCER SIEGE. R I"SSURAMCE ASENCY IN!'. NSURED Y 5 PL•4TIIE INC E!: NEST MAIN STREET Y1RVILLE LTR EKCESS UIABILITY OTHER JUN 03 '93 02:53PM NG PAINTING 511 W MAIN ST KERR T amen==. CERTIFICATE OF INSURANCE V. :USIIN ST FOOWS 7042 OVERAGES 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 MW CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE Of INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL IJABILITY CLAIMS MADE OCCUR. OWNERS & CONTRACTOR'S PROT. AUTOMOBILE UABILTTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.WNED AUTOS GARAGE LIABILITY OTHER THAN UMBRELLA FORM %%RID?R7 COIMENSATp54,. —. AND EMPLOYBIIS' LIABILITY CERTIFICATE HOLDER E C!TY OF ROUND POCK EW r il,, N STREET . NO I:OCX TX •0664 ACORD 25.8 (111,0) TX 188:8 -0000 POLeCY EFFECTIVE DATE (MMIDDIYY) DATTEE EXPIRATION N 407- 04015! 03!24143 L 03/24141 POLICY NUMBER DESCRIPTION OF OPE IMTNINBILOCATONINENICLEN1BPECIAL ITEM TEAS OPERATIONS P.4 ISSUE DATE (MMIDDPM 85124;53 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 LE TENNT A COMM LETTER NY B LETTERNY `+ COMPANY [) LETTER COMPANY E LETTER AUTHORIZED COMPANIES AFFORDING COVERAGE UNITED STATES FIRE INSURANCE COMPANY CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL O. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. R ECEIVED MAY 2 7 111131 ALL LIMITS IN THOUSANDS GENERAL AGOREGATE S PRODUCTSCOMP/OPS AGGREGATE B PERSONAL & ADVERTISING INJURY S EACH OCCURRENCE E PIKE DAMAGE IAay are Me) f MEDICAL. EXPENSE (Aay wm paraorr $ COMBINED SINGLE BODILY S (Par palm] EMERY 5 (Per accident) PROPERTY DAMAGE EACH AGGREGATE OCCURRENCE STATUTORY = 1D0 (EACNACCIDENT) $ 500 DIIBEABE- POLICY UMIO S I40 (DISEASE —EACH EMPLOYEEI • ©ACORD CORPORATION 114* . C O R D 1 C E R T I F I C A T E O F INSURANCE `I SSUE GATE (H N/DO / YT) 05/2 { /9 PRODUCER THE INSURANCE MARKETPLACE INC a 0 805 160397 AUSTIN TX 78716 - 039T �4 Suh -Cale G16 THIS CERTIFICATE IS ISSUED AS A TATTER OF INFORMATIO O NLY AND CO N- FER RD RI GHTS UPO THE CE HOLDER. T HIS CER TIFICAT E 0 055 HOT AMEND, EXTEIO OR A LTER THE CO YF2AGE AFFORDED 8Y T P OLICIE S BELOW. COM PANIES COMPANY A LETTER B I� E'1TE�N c CCNAN LETTER O LYB pANT LETTER E AFFORDING COVERAGE NBNE S TATE [ O IRI TY MUIIIAL 1 RECENED 3Ut 0 • tNSdUam PAINT INC 1 W. ININ ING MLLE 1X 70028-0000 FARCES IS I5 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTER 85 109 HAVE B EEN 1550 10 THE I NSU RED NAMED ABOVE F OR TH POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TER)1 OR CO OITION OF ANY CO OR OTH DOCUME WITH RESPECT TO WHICH I S CERTIFICATE NAT 8E 155050 OH FNY PERTAIN, THE A9S0*I(CE A FFORDED BT THE PO LICIES DESC HERE IS S UBJECT TO ALL 1HE RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS 5HOW N NAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF I16URAWCE POLICY RIMER POLICY EFF DATE POLICY 5X DATE I,INITS G C 7 C ] (] C ] LIABILITY COFM GENERAL LIABILITY CLAMS NA0E OCCUR 0IMR'S & CONtRCTR'S 5805 GENERAL AGGREGATE PHDD- CONN/0P5 AGGREGATE 9 ADVERTISING INJ EACH OCCURRENCE FIRE DAMAGE (OWE FIRE) ltD EXPENSE (ONE PERSONA C AUTOMOBILE AUT (] ] X] '( • J C 3 LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -ONE@ AUTOS GARAGE LIABILITY 15000099 05/10/93 05/10/94 COMBINED SINGLE LIMIT BODILY INJURY (PER PpS) 1001LY INJURY (PER ACC) PROPERTY DAMAGE N N N N EXCESS [ ] [ ] LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE $ $ WORKER'S COM►SATION EN AND EMPLOYER'S LIABILITY ECACH�AOCIDENTT LIMITS DISEASE- POLICY LIMIT DISEASE -EASH EMPLOYEE $ $ $ OTHER • $ $ $ D RIPTION OF OPERATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS ILE LIABILITY SYM 7449, 4 UNITS, 300 NILE RADIUS. IFICATPJOIDER I5 SHOWN AS AIOITIONAL 18508@. ..CERTIFICATE HONDER +GlICEW1TION CITY OF ROAD ROCK il SNDULD EAST WAIN STREET ROCK TX 78664- L ANY 05 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING CONAIY WILL ENDEAVOR TO HAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER WS TO IRE LEFT, BUT FAILURE TO NAIL SUCH NOTICE SHALL IMF POSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE CONANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I' z Q. elk 25 -5 (7/90} ACOND CORPORATION 1990 ■ 1 JUN 03 '93 02:53PM NG PRINTING 511 W MAIN ST KERR T P.5 ACOII® CERTIFICATE OF INSURANCE PoDUCER 5IERELER INSURANCE AGENCY INC. 172 V. AUSTIN ST. SIDDINNS TX 78942 NSURED N 5 PAINTING INC 5i1 NEST MAIN STREET KERRVILLE TX 78028 -0000 OVERAGES 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 LTR GENERAL LIABILITY COMMERCIAL GENERAL LIABIUTY CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROT. EXCESS LIABIUTY OTHER WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY TEXAS OPERATIONS CERTIFICATE HOLDER THE CITY OF ROUND ROCK ATTN STEVEN HILLER 221 EAST RAIN STREET ROUND ROCK TX 78664 1 *8 POLICY NUMBER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS ISSUE DATE (MM(DDFYY) I 06/10/93 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 COMPANY A LETTER COMPANY B LETTER COMPANY `` LETTER COMPANY D LETTER COMPANY E LETTER 407-090451 03/24/93 • 03/24/94 AUTHORIZED REPRESENTAT COMPANIES AFFORDING COVERAGE UNITED STATES FIRE INSURANCE COMPANY POLICY EFFECTIVE POUCY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM /DDIYY) DATE (MM/DDIYY) GENERAL AGGREGATE $ PRODUCTS-COMP/OPS AGGREGATE $ PERSONAL & ADVERTISING INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MEDICAL EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS I (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EACH AGGREGATE OCCURRENCE ,E S OTHER THAN UMBRELLA FORM STATUTORY f $ in (EACH ACCIDENT) $ SOO (DISEASE — POLICY LIMIT) $ 100 (DISEASE —EACH EMPLOYEE) CANCELLATION _ -_ -. _ „ __ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XXN3L#IUE XXX0X MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR T LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CORD 25.S (11189) (E)ACORD CORPORATION 1989 ACORD CERT I F I CATE OF INSURANCE I ISSUE DATE (MM /DD /YY) 06/24/93 PRODUCER THE INSURANCE MARKETPLACE INC 1 0 BOX 160397 AUSTIN TX 78716 -0397 Code Sub -Code CRK THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CON- FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. C O M P COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COMPANY LETTER 0 COMPANY LETTER E A N I E S S A F F O R D 1 N G C O V E R A G E HOME STATE COUNTY MUTUAL INSURED N G PAINTING INC 511 W. MAIN KERRVILLE TX 78028 -0000 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 HAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTE 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF DATE POLICY EXP DATE LIMITS GENERAL C 3 C 1 II I) LIABILITY COMM GENERAL LIABILITY CLAIMS MADE OCCUR OWNR'S & CONTRCTR'S PROT GENERAL AGGREGATE PROD - COMP /OPS AGGREGATE PERS & ADVERTISING In. EACH OCCURRENCE FIRE DAMAGE (ONE FIRE) MED EXPENSE (ONE PERSON) 44 64 44 44 4444 A AUTOMOBILE C I C ) CU CX1 CX) C 1 0 3 LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY T8000099 05/10/93 05/10/94 COMBINED SINGLE LIMIT BODILY INJURY (PER PERS) BODILY INJURY (PER ACC) PROPERTY DAMAGE $ 1000000 $ $ $ EXCESS C 1 C 1 LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE $ $ WORKER'S COMPENSATION AND EMPLOYERS LIABILITY 0 1 STATUTORY LIMITS EACH ACCIDENT DISEASE- POLICY LIMIT DISEASE-EACH EMPLOYEE $ $ $ OTHER $ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS AUTOMOBILE LIABILITY ALL OWNED AUTOS PER INSURED'S SCHEDULE, HIRED & NON - OWNED AUTO, 4 UNITS, 300 MILE RADIUS. CERTIFICATE HOLDER TO BE SHOWN AS ADDITIONAL INSURED. — CERTIFICATE HOLDER THE CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK TX 78664- — CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IM- POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Fatp..,..ci, Q. ACORD 25 -S (7/90) ACORD CORPORATION 1990 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . N.G. P111NTING, INC office 210- 257 -5940 • fax 210- 792 -4968 - 18 June 1993 Home State County Mutual insurance Company The Insurance Marketplace, Inc. Attention: Hovard Jordan p. 0. BOX 160397 Austin, Texas 78716 -0397 Reference: All Owned Autos Dear Mr. Jordan: This is to certify that the scheduled autos listed with your company, are the only autos owned by N. 0. Painting, inc. Those autos beings (1) 1993 Ford F150 Pickup *7067 (2) 1992 Ford F350 Pickup *2239 (3) 1989 Ford 3/4 Ton Pickup =3509 (4) 1979 Chevrolet 1 Ton Flatbed *8050 We appreciate you revising the 'Certificate of insurance' for the City Of RoundRock. If you are in need of any further information. please do not 'hesitate to call. Thank you! Sincerely, Rebecca Graaatikakis ?resident us/co copy: Siegeler Insurance Mike Siegeler 172 W. Austin Street Giddings, Texas 78942 ACORN. REDUCER iegeler Insurance 172 West Austin CERTIFICATE OF INSURANCE ISSUE DATE (MM/OD/YY) 06/16/93 ONLY AND THIS CERTIFICATE AFFORDED BY THE Agency, Inc. Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE POLICIES BELOW. Giddings, Texas 78942 -. COMPANIES AFFORDING COVERAGE COMPANY LETTER ''' Essex - Insurance Company COMPANY LETTER B "REVISED" NSUREO N. G. Painting, Inc. • 511 West Main Kerrville, Texas 78028 -- COMPANY C LETTER - C OMPANY LETTER D COMPANY E LETTER *10114:13.14 -'L THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. - • CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YV) POLICY EXPIRATION DATE (MWDO /YY) LIMITS ./� GENA X X X X E L IL F Y �RM FORM CGL COMPREHENSIVE FORM PREMISES/OPERATIONS _ UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS /COMPLETED OPER. CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY _ - _ 3AG6830 ' - - 05/12/93 • 05/12/94 BODILY INJURY OCC. $ BODILY INJURY AGG $ PROPERTY DAMAGE OCC. $ PROPERTY DAMAGE AGG. $ BI B. PD COMBINED OCC. $ 1,000,000. BI & PD COMBINED AGG. $ 2 , 000 , 000 . PERSONAL INJURY AGG $ AUTOMOBILE LIABILITY ANY AUTO - ALL OWNED AUTOS ( Pnv. Pass ) ALL OWNED AUTOS ( Zve.r Pass. Than) Priv HIRED AUTOS NON•OWNED AUTOS GARAGE LIABILITY s - •- - BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ BODILY INJURY & PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY • - " I STATUTORY LIMITS EACH ACCIDENT $ DISEASE— POLICY LIMIT $ DISEASE —EACH EMPLOYEE $ OTHER •ESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS Additional Insured in favor of Certificate Holder for the above mentioned policy. City of Round Rock "' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: STEVEN MILLER EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL miligokffiti 221 East Main Street MAIL _10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Round Rock, Texas 78664 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE a ; Al . - ACORD 25 (7/90) CE ACORD CORPORATION 1990 To: City of Round Rock 221 East Main Street Round Rock, Texas 78664 THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. TYPE OF POLICY EFFECTIVE INS. NO. DATE Workmen's Compensation Comprehensive General Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Contractors postbid/b:specsm CERTIFICATE OF INSURANCE PBD -7 Date: Description of Work EXPIRATION DATE LIMITS OF LIABILITY Statutory, State of Texas, $ Employer's Liability Bodily Injury $ /person $ /person Property Damage $ /accident $ aggregate Bodily Injury $ /person $ /accident Property Damage $ /accident $ aggregate Certificate of Insurance (continued) Comprehensive Bodily Injury Automobile $ /person Liability $ /accident Owned Vehicles Property Damage Hired Vehicles $ /accident Non -owned Vehicles Includes Contractual Liability Contractual Liability The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than thirty (30) days after the insured has received written notice of such change or cancellation. The Certificate of Insurance neither affirmatively or negatively amends extends, or alters the coverage afforded by policy or policies indicated by this certificate. postbid/bmpecsm Name of Insurer By: Title: Address: PBD -8 4.0 GENERAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 2.01 - Owner - Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors gencond.mst/spx GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gcncond mstI pc GC -2 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Continuing Performance 6.06 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contractors 9.03 Cutting and Patching Under Separate contracts 10. Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities ;meond.msUspec GC -3 1.' Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and are referred to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Bid, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any of documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of Contract documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Bid, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor 1.04 Sub- subcontractor General Conditions of Agreement The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. The term Sub - Subcontractor means one who has a direct or ind contract with a sub- contractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. GC-4 1 1.05 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered at ' or sent by registered mail to the last business address known to him who gives the notice. 1.06 Work 1 The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, Iabor, services, insurance, and all water, light, power, fuel, , transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or ' trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work ' The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor ' to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Bid, except as provided under "Changes and Alteration," herein. 1 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than , seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable 1 for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 1 emcu"d.msU.pcc GC -5 1 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally, meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or ind for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work genewd.maU.pee The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to Contractor in such amounts; such recommendation of payment to Contractor constitutes a representation to the Owner of Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to Contractor shall not be deemed as a representation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. ° GC-6 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relatihg to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. Appeal to arbitration upon mutual agreement may be taken as if his decision had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades gencood.¢uUspec Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his GC -7 employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and Location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No peneond.wJryee GC -8 verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees ' that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings gmcmd.mahpoc The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. All structures shall meet local city building codes. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully GC -9 1 ' and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. 1 Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in ' conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as ' herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform ' the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of ' the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the ' Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement ' shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent ' thereof, the Contractor shall after receipt of written notice thereof from the Engineer, ioacood.m,n.ac GC -10 forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations 2.16 Inspectors geaccedaudspee The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or GC -11 completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Arracsible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design 3.04 Right of Entry geoco¢d.maNyec It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modification thereof and all approved additions and alterations thereto. The Owner reserves the right to enter the property or location of which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. GC -12 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. 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 for construction, 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. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omission, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public gencond.msu,pcc The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions GC -13 of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, . gangplanks; and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds gencouLmstispec Unless otherwise specified, it is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100%) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is less that $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. Unless otherwise specified, the cost of the premium for the performance bond or letter of credit, and payment bond shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bond or letter of credit will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds or letter of credit shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds or letters of credit in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne GC -14 by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property geaeond.mWyec The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies 3.14 Protection Against Royalties or Patented Invention The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, GC -I5 `mcond.mNrycc 3.15 Laws and Ordinances if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: GC -16 ca.m.uw« 1. Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employees and any Sub - Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - Subcontractor including the loss of use resulting therefrom; and, 2. Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -17 gmcmd.mg /.p c D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than Workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. _ 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in GC -18 3.21 Testing of Materials gcncand msVspx conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates Contractors are required to pay the prevailing wage rates to laborers, workmen and mechanics employed on behalf of the city engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to contractors and subcontractors. The contractor and subcontractors shall keep and make available records of workers and their wages. Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor Statistics, Southwestern Division and the Texas Employment Commission for the Austin Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the U. S. Department of Labor, Employment Standards Administration, Wage and Hour Division. There is penalty of $10.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the contractor or any subcontractor. GC -19 4. Prosecution and Progress 4.01. Time and Order of Completion s „ A It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Bid: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time =ercmd.mu/gxc Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. GC -20 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities gencood.mst/spee No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the bids offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the bid; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the bid that has a total cost equal to or greater that five (5) percent of the total contract cost, computed on the basis of the bid quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work ". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Bid hereto attached, which has been made a part of this GC -21 contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, and Owner may - upon written recommendation of the Engineer - pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions ;mcmd.mq/ryee The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer' may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of GC -22 gencond msUspec a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. GC -23 5.09 Delayed Payments 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes gcncond.m.tl.pec 0 Reasonable indication that the work will not completed within the contract time. g) Other causes affecting the performance of the contract. 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. Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and final 'payments,' until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a Change - Order which has been prepared by the Engineer and executed by the Owner, The Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the GC -24 6.03 Extra Work `cxmd.msevec Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an increase in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's GC -25 Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or Owner may also specify in writing, before the work commences,(;the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve. the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision; ' It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. geoeond.msUspee GC -26 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 6.06 Arbitration gencrnd.msUspec All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex pane proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner, or the Engineer, or if the Contractor fails GC -27 When the work shall have been substantially completed the Contractor and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract; or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work chall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner gmcmd.mdyx In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached bid where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the GC -29 gencoad.rast/wce to comply with the orders of the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his Surety shall be credited therewith. GC -28 ¢rncond.nuu,pcc the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. GC -30 The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 8.02 Subcontractual Relations gammd.mstl,px All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained GC -31 1 percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. ' Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts ' The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. ' When separate contracts are awarded for different portions of the Project, "The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 1 9.02 Mutual Responsibility of Contractors ' The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect ' and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. 1 Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor ' by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such ' proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 1 ga*cond.¢uu.pc< GC -32 1 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill-timed work shall be borne by the party responsible 1 therefor. ,10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property , The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. ' The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. ewcmd•msupa GC -33 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 gmeand.ms/,pm All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken.' - The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty- four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explosives. If Blasting is covered under the Contractors General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering 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. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of GC -34 gencond.mWUfpcc blast and initials of the Inspector. 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, any Sub - subcontractor, or anyone d or ind employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. _ The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -35 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 - 02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES 01 -04 LIOUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number days of herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per calendar day. 01 -05 LOCATION specond/b:specsm All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 1 1 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The City ' shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 - 07 PAY ESTIMATES If pay estimates from the Contractor are not received by 'the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. - SECTION 02- SPECIAL CONSIDERATIONS 02 - 01 CROSSING UTIL1'I'IES 1 Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise ' confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will ' cause such work to be done at his own expense. 02 - 02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional 1 payment will be made for this item. 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract specoad/b:speam SC -2 1 1 for the period that the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -04 , MINIMUM WAGE SCALE Contractors are required to pay the prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to contractors and subcontractors. The contractor and subcontractors shall keep and make available records of workers and their wages. Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor Statistics, Southwestern Division and the Texas Employment Commission for the Austin Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the U. S. Department of Labor, Employment Standards Administration, Wage and Hour Division. There is penalty of $10.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the contractor or any subcontractor. 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages 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. :pm SC -3 1 02 -06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -09 "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 submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are apecu"a/b:specsm SC-4 designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements the Contractor shall immediately notify engineer, who without delay; will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services,poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRUCTION STAKING apecoud/6:apecam All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, Police, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. SC -5 SECTION 04- MAINTENANCE BOND A one (1) year Maintenance Bond in the amount of one hundred (100%) percent of the contract price„ pill be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. SECTION 5 INSURANCE spxond/b:sp«sm Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and SC -6 sp«a"d/b:speasm Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. SC -7 specond/b:specsm Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City . Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and /or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. SC -8 SECTION 5 INSURANCE 5.04 Section 5.04 and 5.07 of the General Condition is hereby amended to include the following: All payments shall be presented to the City Council for approval on the second Thursday of each month. The Engineer shall submit the approved statement to the City on or before the Friday preceding the second Thursday of the Month in which payment is to be made. Payment will normally be made the Friday of the week following the week of the scheduled meeting of the City Council. The payment will be the total amount of the approved statement, less ten percent (10%) of the amount thereof, which ten percent (10 %) shall be retained until final payment, and further less all previous payments and all future sums that may be retained by the Owner under the terms of the Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, and Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under 'Final Payment' (paragraph 5.07). 5.07 FINAL PAYMENT Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner. The Application for Final Payment will be submitted to the City Council for approval on the second Thursday of the month immediately following the receipt of the Application of Final Payment. Payment will normally be made the Friday of the week following the week of the scheduled meeting of the City Council. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. SC -9 performed and materials furnished under the terms of the Agreement and shall certify same to the Owner. The Application for Final Payment will be submitted to the City Council for approval on the second Thursday of the month immediately following the receipt of the Application of Final Payment. Payment will normally be made the Friday of the week following the week of the scheduled meeting of the City Council. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. SC -10 6.0 TECHNICAL SPECIFICATIONS 1 1 1 1.01 General 1.02 Quality Assurance 1 Section 02 MEASUREMENT AND PAYMENT ' 2.01 General 2.02 Schedule of Values Section 03 PRODUCT DATA 3.01 General ' Section 04 PAINTING 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Section 01 SUMMARY OF WORK 4.01 General 4.02 Exterior Paint System 4.03 Interior Paint System 4.04 Shrouding System 4.05 Surface Preparation 4.06 Paint Application 4.07 Disinfection 4.08 Measurement and Payment Section 05 PAINTING (OTHER THAN TANKS) 5.01 General 5.02 Paint System 5.03 Measurement and Payment Section 06 LEAD PAINT ABATEMENT 6.01 General 6.02 Description of the Work 6.03 Definitions 6.04 Quality Assurance 6.05 Additional Controls 6.06 Measurement and Payment Section 07 DISPOSAL REQUIREMENTS 7.01 Clean -up 7.02 Final Inspection 7.03 Disposal Requirements 7.04 Disposal Checklist 7.05 Special Abatement Procedures 7.06 Severability 7.07 Additional Requirements 7.08 Measurement and Payment TECHNICAL SPECIFICATION GENERAL REQUIREMENTS Section 01 - SUMMARY OF WORK 1.01 General wtpMcNe2.293Po:spscem The 1993 Water Tank Repainting, McNeil Road Ground Storage Tank project includes all work shown on the plans and described in the specifications. This includes in- general, shrouding, cleaning of painted steel surfaces, painting and cleanup. 1.02 Quality Assurance Referenced Standards: 1. Steel Structures Painting Council, (SSPC) A. SSPC - SP 6, Commercial Blast Cleaning B. SSPC - SP 7, Brush -Off Blast Cleaning C. SSPC - SP 10, Near -White Blast Cleaning 2. American Water Works Association, (AWWA) A. AWWA D100, Welded Steel Tank B. AWWA D102, Painting Steel Water Tanks Qualifications: 1. Paint Contractor (Applicator) shall have a minimum of five (5) years experience in application of similar products. Provide references for minimum of three projects similar to this contract within last five (5) years. Include name and address of project and contact person. Miscellaneous: 1. Paint shall be supplied through one (1) manufacturer only. TS -1 1 Section 02 - MEASUREMENT AND PAYMENT 2.01 General Measurement of an item of work shall be by the unit indicated in t the Bid Schedule. Payment shall be made at the Contract price per unit indicated in the Bid with total price of the Contract being equal to the Total Bid, as specified and as modified, by extending unit prices multiplied by quantities as appropriate to reflect actual work. Such price and payment shall constitute full compensation to the Contractor for furnishing all labor, equipment, tools, and ' materials, and for performing all operations required to furnish to the City the entire project, complete -in- place, as specified and as indicated on the plans and in the specifications. 1 2.02 Schedule of Values t Within 14 days after award of the Contract, the Contractor shall submit a breakdown of his lump sum bid items to the Engineer for use in the preparation of progress estimates for the Project. 1 Breakdown shall tabulate quantities and unit prices to be applied for the various features of the Work in sufficient detail to permit it use in preparation of progress estimates. The cost breakdown shall not be unbalanced. The Engineer will not approve a progress estimate for payment until a satisfactory cost breakdown has been submitted. Progress payments for materials on hand and equipment delivered for installation as part of the Work will be based on invoices. 1 Section 03 - PRODUCT DATA 1 3.01 GENERAL 1 Product Data: Collect required data into one submittal of each work or system and mark each copy to show which choices and ' options are applicable to project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field 1 measurements which have been checked, and special coordination requirements, maintain one set of product data (for each ' submittal) at project site, available for reference by the Engineer or others. wtpMcNo2.2931b:.p•mm TS -2 Section 04 - PAINTING 4.01 General 4.02 Exterior Paint System wtpMcN.2.293ib:.p.c.m The Contractor shall adhere to the paint schedule detailed in this section. Paint shall be supplied from one (1) manufacturer only. The paint systems described in this section are epoxy type paints and an exterior polyurethene type finish coat. The Contractor shall follow all manufacturers recommendations and procedures for each specific coating. The surface preparation shall be based on the specific bid accepted by the Owner. The Contractor shall supply all labor and material necessary to fully complete the paint application as described in the bid and explained more fully in this section. Exterior Paint System (Exterior), General This bid item encompasses the use of a chemical paint remover. The Contractor shall apply the chemical stripper in stages with attention given to weather conditions, application and removal logistics, and clean -up requirements. The exterior color shall be approved by the Owner. Dry Mil Surface Preoaration Paint System Thickness A.1 Chemical paint remover ACRO with commercial blast Primer coat: Series 4423 (SSPC -SP6) Epoxy or A.2 See above VALSPAR Primer Coat: Series 75 Hi -Build Epoxy TS -3 3 -5 mil Finish coat: Series 4426 4-6 mil Semi -Gloss Polyurethane Epoxy Total Dry Mil Thickness (minimum) 7 mil 3 -5 mil Finish coat: VALSPAR Series 41 V- Thane, Semi -gloss Polyurethane Total Dry Mil Thickness (minimum) or Approved Alternate 4.03 Interior Paint System General All paint system shall meet or exceed all EPA, USFDA and AWWA Standards for potable water application. Dry Mil Surface Preparation Paint System Thickness B.1 Near white metal blast, ACRO SSPC -SP10 Primer coat: Series 4460 Hi -build epoxy for potable water application Color: White B.2 See above wtpMWs2.293fb:sp.wn Finish coat: Series 4460 Hi -build epoxy for potable water application Color: Beige Total Dry Film Thickness (minimum) 7 mil VALSPAR 3 -5 mil Primer coat: Series 78, Hi -build epoxy For potable water application Color: White Finish coat: Series 78 4-6 mil Hi -build epoxy For potable water application Color: Beige Total Dry Film Thickness (minimum) 7 mil TS -4 4-6 mil 7 mil 3 -5 mil 4-6 mil B.3 Approved Alternate 4.04 Shrouding System General w1MoN.2.2133b:.pxa . The Contractor shall install a shrouding system or other barrier device for containing the blasting sand. The purpose of the shrouding system is to contain the sand and paint particles generating during the tank repainting process. The shrouding system shall be used during all blasting operation and paint application. Operating Requirements All blasting shall be done inside an environmental containment enclosure. This enclosure shall be an engineered containment system designed to significantly reduce fugitive particulate emissions from the blasting operations. The enclosure can be designed to enclose the entire tank including a minimum of 5 feet above the roof or enclose the roof section. The Contractor can implement a system that encloses only the section being blasted and \or painted. The shroud or enclosure shall have a 95 percent shade factor. The shroud shall have overlapping seams to prevent leakage of particulate(s). Submission Requirements The Contractor shall submit a submittal describing the enclosure design prior to move -in. The submittal shall include those items described in Section 03 - Product Data. Also, the submittal shall show complete erection details, shop drawings, and other data. The enclosure shall be designed to be raised and lowered within fifteen (15) minutes to prevent storm damage to the enclosure, the tank, personnel, and surrounding property. The enclosure shall be designed not to impose excessive loading on the tank and tank appurtenances. The Contractor shall submit three (3) copies of the proposed method of containment, concerning how blasting debris and/or paint overspray will be contained on the tank site, TS -5 4.05 Surface Preparation wtpMeN.2.2931b:.p•vm for review by the Owner. The Owner reserves the right to stop work or to require additional containment methods, if the Contractor's operation creates a nuisance beyond the tank site property line in the sole opinion of the Owner or Owner's designated representative. The enclosure designs shall bear the seal of a currently registered Texas Engineer General i The Contractor shall be responsible for providing all labor and material to properly prepare the tank surface for painting. The specific type of surface preparation shall be governed by the specific bid system outlined in the bid and as accepted by the City of Round Rock. Exterior The Contractor shall implement the following method for the exterior paint removal: A. Chemical Paint Remover: A chemical type product that is either sprayed or rolled onto a painted surface shall be the first stage of exterior surface preparation. The second (final) stage shall be a commercial blast of the tank surface. The Contractor shall adhere to all manufacturers recommendations concerning proper handling, application and removal of the chemical system. Adequate preparations of the site shall be implemented prior to the application of the chemical stripper, i.e., installing a containment berm, tarp for covering the ground, and other items that facilitate the collection and cleanup of the chemical stripper. Site Preparation The Contractor shall prepare the tank site prior to paint removal activity. At minimum, this shall include the installation of a berm, canvas tarps and 8 mil polyethylene sheeting. The Contractor shall implement a paint collection system using the material described above to fully contain paint debris as it is removed from the tank. A berm constructed of clean sandy loam dirt shall be TS -6 wtpMoNe2.293/13:apenm placed at an adequate distance from the tank that fully encircles the structure. The berm shall be twelve (12) inches in height. Canvas tarps shall be positioned next to the tank and overlapping the berm to completely cover the ground between the tank and the berm. The canvas tarp shall be tied together through the tarp grommets to prevent lifting of individual tarp during construction. Eight (8) mil polyethylene plastic sheeting shall be stretched over the canvas tarp at appropriate stages of the paint removal process. The plastic sheeting shall be utilized as the chemical paint stripper is removed from the tank to contain the water and paint debris. The Contractor shall implement those steps necessary to adequately cover the work area with the plastic sheeting to prevent any contamination of the grounds. Acceptable Manufacturers: 1. Dumond Chemicals, Inc., Peel -Away. 2. Approved alternate Interior The Contractor shall utilize a dry abrasive blasting system (sand blasting) for the interior paint removal. Sand for blasting shall be a sharp white silica sand of fine grade mesh. This sand shall be clean, dry and free of clay particles and other extraneous matter. The Contractor shall submit for approval the type of sand proposed to be use. The compressed air used for blasting shall be free of detrimental amounts of water and oil; compressors shall have adequate traps and separators. 4.06 Paint Application 1. General All work shall be done in a workmanlike manner, so that the finished coating will be free from holidays, pin holes, bubbles, runs, drips, ridges, waves, laps, unnecessary rush marks and variations in color, texture and gloss. All coats shall be applied in TS -7 2. Labeling, Storing, Mixing And Film Thickness 3. Atmospheric Conditions 4. Protection of Paint Surfaces Where shelter or heat is provided paint surfaces during inclement weather, such as protective measures shall be maintained until the paint film has dried, or discontinuation of the measures is wtpMcN.2.28316:.p.c.m such a manner as to produce an even film of uniform thickness. All materials shall be brought to the painting job -site in the original sealed and labeled containers of the paint manufacturer. The painter shall apply each coating at the rate and in the manner specified by the manufacturer. If material has thickened or must by diluted for application by spray run, the coating shall be built up to the same film thickness achieved with undiluted material. Deficiencies in film thickness shall be corrected by the application of additional coats of paint. Paints which can be harmed by exposure to cold weather shall be stored in heated shelters. During application, the paint in the spray tank or other working container shall be not Tess than 50 degrees fahrenheit. No paint shall be applied when the surrounding air temperature, as measured in the shade, is below 50 degrees fahrenheit. No paint shall be applied when the temperature of the surface to be painted is below 50 degrees fahrenheit. Paint shall not be applied to wet or damp surfaces, and shall not be applied in rain, snow, fog or mist, or when the relative humidity exceeds 85 percent or when it can be anticipated that the air temperature will drop below 40 degrees fahrenheit within 18 hours after the application of the paint. Dew or moisture condensation should be anticipated, and if such conditions are prevalent, painting shall be delayed until mid - morning to be certain that the surfaces are dry. The day's painting shall be completed well in advance of the probable time of day when condensation will occur, in order to permit the film an appreciable drying time prior to the formation of moisture. During periods of inclement weather, painting may be continued by ensuring minimum air, surfaces and paint temperatures prescribed above are maintained. Paint shall not be applied to surfaces which are hot enough to cause blistering or pinholing of the film. TS -8 4.07 Disinfection authorized. Items which have been painted shall not be handled, worked on or otherwise disturbed until the paint coat is completely dry and hard. 5. Drying Time Prior to Immersion wtpMWe2.293/6:epwm Drying time prior to immersion, installation or otherwise handling painted surfaces shall be as recommended by the paint manufacturer. 6. Inspection All painting will be inspected for applied coating thickness and for pinholes and holidays. Such inspection will not relieve the Contractor of the responsibility of furnishing qualified labor and materials in strict accordance with the specifications. The Contractor shall also furnish an approved type dry mil gauge apparatus to measure the dry film thickness. The Contractor shall also furnish holiday detector devices. Holiday detector devices shall be approved low- voltage type. All of the above inspection gauges shall be furnished and on the job before painting operations are allowed to proceed, and shall remain on the job until its completion and acceptance. The Contractor or his Representative shall instruct on the proper use and care of all such gauges. The above required testing gauges furnished are returnable to the Contractor upon completion of the job. The cost of furnishing all of the above required gauges shall be borne by the Contractor. General The Contractor shall be responsible for the disinfection of the water storage tanks. This includes, in- general, the purchasing of all materials and supplies necessary to complete the disinfection process. Included as part of these specifications is a copy of AWWA C652 titled "Disinfection of Water - Storage Facilities ". Prior to any disinfection activities the Contractor shall arrange a meeting with the Owner to discuss his /her proposed disinfection TS -9 4.08 Measurement and Payment Paint removal, blasting, painting, site cleanup, tank disinfection and associated items to be paid for at the unit price indicated in the bid schedule. Section 05 - PAINTING (OTHER THAN TANKS) 5.01 General 6.01 General wpMcNe2 293 /b:.aee.m procedure. Bacteriological tests shall be conducted by the Owner, the Contractor shall pay for each sample. The cost of each sample is $ 8.00 payable to the Texas Health Department with check or money order. This work consists of furnishing all labor, materials, equipment and performance of all operations required to paint all piping, valves and related items attached to the tank and termination at ground level. 5.02 Paint System Field surface preparation for the paint system shall be a brush -off blast cleaning (SSPC -SP7). The color shall be the same as the finish tank coat. 5.03 Measurement and Payment No separate pay item for this activity. SECTION 06 - LEAD PAINT ABATEMENT Related Documents: Drawings and provisions of the Contract including General and Special Conditions and Technical specifications section, apply to the work of this section. The Contractor shall familiarize themselves with the needs and TS -10 6.03 Definitions w pM«ue2.293fl, p.an requirements of the project in order to thoroughly acquaint themselves with the project as a whole and to further clarify the scope of work. 6.02 Description of Work A. This specification is a guide specification only. The Contractor shall be responsible for compliance with all Federal, State and local laws and regulations regarding the removal, encapsulation, handling and disposal of lead and lead contaminated materials. The Contractor shall also be responsible for all personnel safety precautions, health monitoring, and personnel record keeping in accordance with applicable laws and regulations. B. In general, the work under this contract shall include, but not necessarily limited to, the following: 1. Stripping and disposal of lead base paint from the exterior tank surface. In this Specification, certain words, terms and phrases, and their derivatives shall be construed and given the meaning specified as follows: A. Abate /abatement: Shall mean the appropriate reduction of, removal of, or encapsulation of lead followed by thorough cleanup and post cleanup treatment of the surfaces and sources that promote exposure resulting in the possibility of lead toxicity or poisoning. B. Abatement Monitoring: A systematic means of inspection to assure compliance with the safety standards contained herein, which shall include, but not be limited to, visual inspection random air clearance sampling. C. Applicable Surface: All intact and non - intact interior and exterior painted surfaces. TS -11 D. Health Hazard: Shall mean a condition, as determined by the Owner, or his representative, posing a threat to the welfare, safety, and health of any individual, the general public or certain populations thereof. 6.04 Quality Assurance: wtpMcNe2.293lb:spewm A. General: The lead based paint abatement and all associated work shall be executed by a single firm specializing in this type of abatement required so that there will be undivided responsibility for the specified performance of all component parts. B. Compliance with State and Local Laws: Nothing is intended to relieve the Contractor of any responsibility for compliance with state or local laws, ordinances, codes or regulations governing lead -based paint testing or hazard abatement. State and local environmental health agencies' requirements are hereby made a part of this specification. Where state and local requirements are more stringent than Federal regulations, those state and local requirements must be complied with by the Contractor. It is a requirement to consult with these agencies prior to beginning any lead abatement project. C. Qualifications of the Contractor: The Contractor is responsible for utilizing qualified personnel to perform the work specified herein. These personnel may be employed by the Contractor or may be employed by a firm under subcontract to the Contractor. Personnel must be familiar with the contents of this section as follows: 1. Worker protection. 2. Testing. 3. Acceptable abatement methods. 4. Measures for control and containment of paint debris. 5. Disposal requirements. TS -12 wtpMcNe2.2931br.pec.m 6. Personnel must also be aware of all applicable local, state and federal regulations pertaining to lead abatement work. D. Types of Experience Appropriate for Abatement Personnel: Abatement Personnel shall be experienced in renovation and restoration, guidelines for control and the handling of toxic and hazardous materials and protection of the environment and the health of all occupants and workers. E. Contractor Insurance Coverage: Contractors performing lead abatement work shall be covered with comprehensive liability insurance of the occurrence, not claims made, and such other insurance as required by Federal and State statues. F. Contractor Responsibilities: The Contractor is responsible for abating the specified lead paint in a safe manner and in accordance to all specified requirements. The Contractor is also responsible for the following: 1. Knowledge of general renovation techniques. 2. Ensuring that all requirements of the abatement project are met. 3. Special techniques and work practice training for all workers and supervisors which relate to the projects specific abatement techniques. 4. The safety of all workers and occupants and the preparation of a comprehensive worker protection plan. 5. Implementation of all contractual requirements. G. Qualifications of Workers: All abatement workers must be familiar with the dangers of lead poisoning, and they shall be aware of the health effects due to lead exposure and the ways in which to minimize that exposure. The workmen shall be experienced in the necessary crafts and shall be familiar with the specified requirements and methods which are specified herein. TS -13 6.05 Additional Controls: wtpMcN e2.293Ib:epeam H. Supervision and Workmanship: Contractor shall supply full - time competent supervision for proper coordination of this abatement work and have competent, well trained and experienced workmen in each respective trade. The abatement supervisor shall be fully knowledgeable in all methods of abatement. He must be aware of the potential for addition lead hazard creation for each of the methods described herein. I. Supervision for Work: The lead based paint abatement shall be supervised by a single firm specializing in the type of abatement required so that there will be undivided responsibility for the specified performance of all the component parts and the work performed herein, or performed by other subcontractors as specifically approved by the Contractor. The Contractor is hereby advised of these additional safety precautions of which he is responsible to enforce: A. To avoid unnecessary exposures to lead, the Contractor must limit access of the nonworkers to the designated abatement work areas. B. The importance of ongoing clean -up in the work area to control lead and paint debris is very important. The frequency and intensity of cleaning will be the greatest with on -site removal methods and methods that create a lot of construction debris. Regular cleaning of all tools, equipment, and worker protection gear must be part of the ongoing clean -up. C. Respiratory Protection Programs must be established by the Contractor in accordance with OSHA regulations, and respirator fit testing must be conducted daily by the on -site supervisor. The following are minimal acceptable respiratory protection program requirements as set up and administered by the Contractor: TS -14 wtpMeNe2.293/bapeam 1. Written standard operating procedures which oversee the selection and use of respirators. 2. Selection of respirators on the basis of hazards to which the worker is exposed. 3. Worker training on the limitations and use of respirators (includes fit testing). 4. Individual workers assigned respirators for their exclusive use only. 5. Daily cleaning and disinfecting of respirators. 6. Proper storage of all respirators. 7. Proper inspection of all respirators for wear and tear. 8. Continual surveillance of work area conditions and level of worker exposure or stress. 9. Use of approved respirators only. 10. Weekly report covering above items to the Owner and the deleading consultant. 6.06 Measurement and Payment No payment schedule for this section. SECTION 07 - DISPOSAL REQUIREMENTS 7.01 Clean -up: The Contractor shall be required to perform thorough daily clean -up of the work area during the entire abatement process. It is imperative the daily clean -up is scheduled at the end of each work day after active abatement has ceased. 7.02 Final Inspection: Entire affected area must be visually inspected to ensure that all abated surfaces have been properly completed. Said test results must pass within the standards contained herein. 7.03 Disposal Requirements: The Contractor must dispose of lead based paint debris in accordance with applicable local, state or TS -15 federal requirements. Contractor is required to advise the Owner as to proper disposal; and provide same with a complete written report of all disposal activities whether hazardous or non- hazardous. 7.04 Disposal Checklist: The Contractor shall do the following: wtpMcNe2.293/b:epeam A. Perform laboratory TCLP leachate test or representative samples (minimum of two (2)). The following laboratories are pre- approved local testing firms. National. Environmental Testing, Net, 928 -8905; or Enclean 873- 8283. B. Secure and post appropriate warning signs at the temporary storage areas. Signs shall be no less than 16" x 20" with 3" lettering and shall read "DANGER CONTENTS CONTAIN LEAD - DO NOT REMOVE ". C. All non - hazardous waste must be trucked off site in covered truck to an approved landfill and Owner must be provided with proof, notification and approval by governing agencies by said landfill to receive leaded construction material. D. A hazardous waste "Manifest" for shipping must be obtained from the HW carrier. Provide a copy to the Owner. 7.05 Special Abatement Procedures: Contractor shall abide by health hazard work requests resulting from inspections by a third party abatement monitoring firm, and /or a post- abatement unit re- inspection firm. It is hereby the Contractor's responsibility to respond with any and all additional work, labor, clean -up, and materials as deemed necessary to satisfy the established abatement standards, as contained herein. Costs of abatement monitoring and also the post abatement unit re- inspection will be incurred by the Contractor. Any subsequent re- testing as deemed necessary by virtue of unsatisfactory test results, i.e., failure to meet abatement standards contained herein, shall also be borne by the Contractor. Re -tests shall be made until such time as satisfactory results are obtained. TS -16 7.06 Severability: The provisions of these specifications are hereby declared severable. If any word, phrase, clause, sentence, paragraph, section or part in or of these specifications or the application thereof to any person, circumstances or thing is declared invalid for any reason whatsoever, the remaining provisions to other persons, circumstances or things shall not be affected thereby, but shall remain in full force and effect. The Owner hereby declaring that it would have without word, phrase, clause, . sentence, paragraph, section or part, or the application thereof, so held invalid. 7.07 Addition Requirements: Contractor to have TCLP tests performed on a representative sample of paint chips from each of the above groups of lead base covered items to properly determine the correct disposal methods. Said results are to be provided to the Owner. 7.08 Measurement and Payment wtpMcNa2.2931hapeam • This item to be paid for at the indicated quantity listed in the bid document. TS -17 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AWWA STANDARD FOR DISINFECTION OF WATER - STORAGE FACILITIES First edition approved by A W frA Board of Directors June 15, 1980. This edition approved Jan.. 16, 1986. AMERICAN WATER WORKS ASSOCIATION 6666 West Quincy Avenue, Denver, Colorado 80235 American Water Works Association AWWA C652 - 86 (Revision of AWWA D105 -80) Committee Personnel The AWWA Standards Committee on Disinfection of Facilities, which reviewed and approved this standard, had the following personnel at the time of approval: G.W. Adrian, Chairman Consumer Members G.W. Adrian, California Water Service Company, San Jose, Calif. (AWWA) R.P. Grady, Portland Water District, Portland, Maine ( NEWWA) W.E. Neuman, American Water Works Service Company, Inc., Haddon Heights, N.J. (AWWA) J.P. Reames, Dallas City Water Utilities, Dallas, Texas (AWWA) C.H. Smith, Kankakee Water Company, Kankakee, Ill. (AWWA) J.A. Worthley,* American Water Works Service Company, Inc., Westwood, Mass. (NEWWA) General Interest Members Ken Choquette,* Iowa Department of Health, Des Moines, Iowa (CSSE) J.V. Feuss, Cortland Health Department, Cortland, N.Y. (AWWA) C.B. Hagar, Black & Veatch, Kansas City, Mo. (AWWA) Ira Markwood, US Environmental Protection Agency, Springfield, Ill. (CSSE) T.W. Walker, New York Department of Health, Victor, N.Y. (AWWA) Michael Wentink, Nebraska Department of Health, Scottsbluff, Neb. (AWWA) C.L. Young, California Department of Health, San Francisco, Calif. (AWWA) Producer Members Wayne Huebner, Wallace & Tiernan Division, Belleville, N.J. (AWWA) 'Alternate Copyright 1, 1986 by American Water Works Association Printed in USA ii Foreword I History of Standard II Major Revisions III Information Regarding Use of This Standard Standard 1 General 1.1 Scope 1 1.2 References 1 1.3 Record of Compliance 2 2 Cleaning 2.1 Other Materials 3 Forms of Chlorine for Disinfection 3.1 Liquid Chlorine 3.2 Sodium Hypochlorite 3.3 Calcium Hypochlorite Contents SEC. PAGE SEC. PAGE 4 Alternative Methods of Chlorination ✓ 4.1 Chlorination Method 1 3 ✓ 4.2 Chlorination Method 2 4 4.3 Chlorination Method 3 4 ✓ 4.4 Bacteriological Sampling and Testing 5 Appendices A Chlorine Dosages 6 B Disposal of Heavily Chlorinated Water 7 Tables A.1 Amounts of Chemicals Required to 2 Give Various Chlorine Concentrations in 100 000 gal of Water 6 B.1 Amounts of Chemicals Required to 2 Neutralize Various Residual 2 Chlorine Concentrations in 3 100 000 gal of Water 7 Foreword This foreword is for information only and is not a part of AWWA C652. I. History of Standard. This standard was first approved on June 15, 1980, under the designation AWWA D105, Standard for Disinfection of Water Storage Facilities. The 1980 edition was developed from information originally contained in AWWA DIO2 -64, modified to include disinfection of water storage facilities constructed either of steel or other materials. The standard has been redesignated AWWA C652 with this edition. This standard describes methods of disinfecting water storage facilities that are newly constructed, have been entered for construction or inspection purposes, or that continue to show the presence of coliform bacteria during normal operation. A storage facility is defmcd to be a reservoir from which water, without further treatment, is supplied directly to the distribution piping system for domestic use. From a practical standpoint, this standard applies to the disinfection of covered storage facilities constructed of steel, concrete, or materials which would provide a similar structure from a water quality standpoint. Since wood may support growth of coliform bacteria, it is recommended that any submerged wood surface (columns, baffles, etc.) be coated with epoxy or other durable and effectively impermeable paint or coating approved for domestic water use. Parts of this standard may be applicable to the disinfection of large, finished- water, open storage reservoirs, such as reservoirs formed by concrete or earth darns, but such applications are incidental, and this standard is nor intended to cover those kinds of storage facilities. Three methods of chlorinating storage facilities are described in this standard. The utility should decide which method is most suitable for a given situation. Choice of the method used should include consideration of the availability of materials and equipment for disinfection, the training of personnel who will perform the disinfection, and safety. For example, the application of gas chlorination should be used only where properly designed and constructed equipment is available; makeshift equipment is not acceptable where liquid chlorine cylinders are used. Spray equipment should be used inside the storage facility only when thorough ventilation is assured or when appropriate protection is provided by the use of canister -type gas masks or self - contained breathing units. If a method is selected that requires the draining of a storage facility in order to dispose of highly chlorinated water, then thorough consideration should be given to the effect on the receiving environment. If there is any question as to whether a chlorinated -waste discharge may cause damage to fish life, plant life, physical installations, or other downstream water uses of any type, then an adequate amount of a reducing agent should be applied to the discharged water in order to thoroughly neutralize the chlorine residual. II. Major Revisions. The major change in this edition is redesignation of the standard from AWWA D 105 to AWWA C652. Other changes include modification of the footnote to Table A.1 of the appendix to clarify that amounts of chemicals indicated in the table are for initial chlorine concentrations by volume, and some minor editing. III. Information Regarding Use of This Standard. This standard is written as though the work will be done by the owner's personnel. If the owner is contracting for such work to be done, appropriate provisions should be included in the contract agreement to ensure that the contractor is specifically instructed as to his responsibilities. At the least, the owner should specify: I. Standard used —that is, AWWA C652, Standard for Disinfection of Water Storage Facilities. v 2. Method of disinfection to be used. 3. Any required disposal and precautions to be taken in disposing of chlorinated water in the storage facility. 4. Bacteriological testing and method to be used. 5. Redisinfection procedure, if required. Sec. 1.1 Scope American Water Works Association AWWA C652 - 86 (Revision of AWWA 0105 -80) AWWA STANDARD FOR DISINFECTION OF WATER-STORAGE FACILITIES ._,.... -4 SECTION 1: GENERAL s This standard for disinfection of water- storage facilities covers materials, facility preparation, application of disinfectant to the facilities' interior surfaces, and sampling and testing for the presence of coliform bacteria. All new storage facilities shall be disinfected before they are placed in service. All storage facilities taken out of service for inspecting, repairing, painting, cleaning, or other activity that might lead to contamination of water shall be disinfected before they are returned to service. Sec. 1.2 References This standard references the following documents. The latest edition of each document forms a part of this standard where and to the extent specified hcrcin. In case of any conflict, the requirements of this standard shall prevail. AWWA B300— Standard for Hypochlorites. AWWA B301— Standard for Liquid Chlorine. Standard Methods for the Examination of Water and Wastewater. APHA,* AWWA, and WPCFt. Washington, D.C. (16th ed., 1984). Additional material relating to activity under this standard includes: Material Safety Data Sheets for forms of chlorine used (provided by suppliers). Chlorine Institute, Inc.$ — Chlorine Manual. AWWA —Water Quality and Treatment. AWWA— Introduction to Water Treatment. Safety Practice for Water Utilities. AWWA Manual M3. AWWA, Denver, Colo. (1983). Water Chlorination Principles and Practices. AWWA Manual M20. AWWA, Denver. Colo. (1973). *American Public Health Association, 1015 15th St. N.W., Washington, DC 20305. ;Water Pollution Control Federation, 2626 Pennsylvania Ave. N.W., Washington, DC 20037. ;Chlorine Institute, Inc., 70 W. 40th St., New York, NY I0018. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DISINFECTION OF WATER FACILITIES 3 Sec. 3.3 Calcium Hypochlorite* Calcium hypochlorite is available in granular form or in small tablets, and contains approximately 65- percent available chlorine by weight. The material should be stored in a cool, dry, dark environment to minimize its deterioration. SECTION 4: ALTERNATIVE METHODS OF CHLORINATION Fly -= � •. .:, Three methods of chlorination are explained in this standard. Typically, only one method will be used for a given storage - facility disinfection, but combinations of the methods may be used. The three methods are (1) chlorination of the full storage facility such that at the end of the appropriate retention period the water will have a free chlorine residual of not less than 10 mg/L, (2) spraying or painting of all storage facility water-contact surfaces with a solution of 200 -mg /L available chlorine, and (3) chlorination of full storage facility with water having a free chlorine residual of 2 mg /L after 24 h.1 Sec. 4.1 Chlorination Method 1 The water storage facility shall be filled to the overflow level with potable water to which enough chlorine is added to provide a free chlorine residual in the full facility of not less than 10 mg /L at the end of the appropriate 6 -h or 24 -h period, as described in Sec. 4.1.4. The chlorine, either as calcium hypochlorite, sodium hypochlorite, or liquid chlorine, shall be introduced into the water as described hereafter. 4.1.1 Liquid chlorine use. Liquid chlorine shall be introduced into the water filling the storage facility in such a way as to give a uniform chlorine concentration during the entire filling operation. Portable chlorination equipment shall be carefully operated and shall include a liquid - chlorine cylinder, gas -flow chlorinator, chlorine ejector, safety equipment, and an appropriate solution tube to inject the high- concentration chlorine solution into the filling water. The solution tube shall be inserted through an appropriate valve located or. the inlet pipe and near the storage facility such that the chlorine solution will mix readily with the inflowing water. 4.1.2 Sodium hypochlorire use. Sodium hypochlorite shall be added to the water entering the storage facility by means of a chemical -feed pump, or shall be applied by hand - pouring into the storage facility and allowing the inflowing water to provide the desired mixing. 4.1.2.1 When a chemical -feed pump is used, the concentrated chlorine solution shall be pumped through an appropriate solution tube so as to inject the high - concentration chlorine solution at a rate that will give a uniform chlorine concentration in the filling water. The solution tube shall be inserted through an appropriate valve located on the inlet pipe and near the storage facility, or through an appropriate valve located on the storage facility such that the chlorine solution will mix readily with the filling water. 4.1.2.2 When the sodium hypochlorite is poured into the storage facility, the filling of the storage facility shall begin immediately thereafter or as soon as any removed manhole covers can be closed. The sodium hypochlorite may be poured through the cleanout or inspection manhole in the lower course or level of the storage facility, or in the riser pipe of an elevated tank, or through the roof manhole. The sodium hypochloriteshall be poured into `A.d'ZA 3300— Standard for Hypochlorites. tFor reremnee, amounts of chemicals needed to give various chlorine concentntione are given to Appendix A. Table A.1. water in the storage facility when such water is not more than 3 ft in depth, nor less than 1 ft in depth or as close thereto as manhole locations permit. 4.1.3 Calcium hypochlorite use. Calcium hypochlorite granules or tablets broken or crushed to sizes not larger than 1/4-in. maximum dimension may be poured or carried into the storage facility through the cleanout or inspection manhole in the lower course or level of the storage facility, or into the riser pipe of an elevated tank, or through the roof manhole. The granules or tablet particles shall be placed in the storage facility prior to flowing water into it, and they shall be located so that the inflowing water will ensure a current of water circulating through the calcium hypochlorite and dissolving it during the filling operation. The calcium hypochlorite shall be placed only on dry surfaces unless adequate precautions are taken to provide ventilation or protective breathing equipment. 4.1.4 Retention period. After the storage facility has been filled with the disinfecting water, it shall stand full as follows: (1) for a period of not less than 6 h when the water entering the storage facility has been chlorinated uniformly by gas -feed equipment or chemical pump, (2) fora period of not less than 24 h when the storage facility has been filled with water that has been mixed with sodium hypochlorite or calcium hypochlorite within the storage facility as described in Sec. 4.1.2 and Sec. 4.1.3. 4.1.5 Handling of disinfection water. After the retention period stated in Sec. 4.1.4, the free chlorine residual in the storage facility shall be reduced to a concentration appropriate for distribution (not more than 2 mg/L) by completely draining the storage facility and refilling with potable water, or by a combination of additional holding time and blending with potable water having a low chlorine concentration. When an appropriate chlorine concentration is reached, and subject to satisfactory bacteriological testing and acceptable aesthetic quality, such water may be delivered to the distribution system. 4.1.5.1 The environment to which the chlorinated water is to be discharged shall be inspected, and if there is any question whether the chlorinated discharge will cause damage, then a reducing agent shall be applied to the water to be wasted to thoroughly neutralize the chlorine residual in the water. Federal, state, or local environmental regulations may require special provisions or permits prior to disposal of highly chlorinated water. The proper authorities should be contacted prior to disposal of highly chlorinated water. Sec. 4.2 Chlorination Method 2 A solution of 200 -mg /L available chlorine shall be applied directly to the surfaces of all parts of the storage facility that would be in contact with water when the storage facility is full to the overflow elevation. 4.2.1 Method of application. The chlorine solution may be applied with suitable brushes or spray equipment. The solution shall thoroughly coat all surfaces to be treated, including the inlet and outlet piping, and shall be applied to any separate drain piping such that it will have available chlorine of not less than 10 mg /L when filled with water. Overflow piping need not be disinfected. 4.2.2 Retention. The disinfected surfaces shall remain in contact with the strong chlorine solution for at least 30 min, after which potable water shall be admitted, the drain piping shall be purged of the 10 -mg /L chlorinated water, and the storage facility shall then be filled to its overflow level. Following this procedure, and subject so satisfactory bacteriological testing and acceptable aesthetic quality, such water may be delivered to the distribution system. Sec. 4.3 Chlorination Method 3 Water and chlorine shall be added to the storage facility in amounts such that initially the solution will contain 50 -mg /L available chlorine and will fill approximately 5 percent of the total storage volume. This solution shall be held in the storage facility for a period of not less than 6 h. The storage facility shall then be filled to the overflow level by flowing potable water into the highly chlorinated water. It shall be held full for a period of nor less than 24 h. All highly chlorinated water shall then be purged from the drain piping. Following this procedure, and subject to satisfactory bacteriological testing and acceptable aesthetic quality, the remaining water may be delivered to the distribution system. 4.3.1 Adding chlorine. Chlorine shall be added to the storage facility by the method described in Sec. 4.1.1, Sec. 4.1.2, or Sec. 4.1.3. The actual volume of the 50 -mg/L chlorine solution shall be such that, after the solution is mixed with filling water and the storage facility is held full for 24 h, there will be a free chlorine residual of nor less than 2 mg/L. Sec. 4.4 Bacteriological Sampling and Testing After the chlorination procedure is completed, and before the storage facility is placed in service, water from the full facility shall be sampled and tested for coliform organisms in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater. The testing method used shall be either the multiple -tube fermentation technique or the membrane - filter technique. 4.4.1 Test for odor. The water in the full facility should also be tested to assure that no offensive odor exists due to chlorine reactions or excess chlorine residual. 4.4.2 Results of testing. Hale test for coliform organisms is negative, then the storage facility may be placed in service. If the test shows the presence of coliform bacteria, the situation shall be evaluated by a qualified engineer. In any event, repeat samples shall be taken until two consecutive samples are negative, or the storage facility shall again be subjected to disinfection. 4.4.3 Care in sampling. The samples shall be taken from a sample rap on the outlet piping from the storage facility or from a sample tap connected directly to the storage facility. In either case, the operation shall be such as co ensure that the sample collected is actually from water that has been in the storage facility. 4.4.4 Recommended additional samples. During the disinfection operation and the required sampling of water from the storage facility, it is recommended that samples be taken from water inflowing ro the storage facility ro determine ifcoliforms are present in the typical parable water source. APPENDIX A Chlorine Dosages This appendix it for information only and it nor a parr of A WWA C652. Table Al Amounts of Chemicals Required to Give Various Chlorine Concentrations in 100 000 gal of Water* Calcium Hypochtorite Desired Sodium Hypoch rite Required Required Chlorine Liquid Concentration Chlorine 5-Percent 10-Percent 15- Percent 65- Percnt in Water Required Available Available Available Available mg /L lb Chlorine Chlorine Chlorine Chlorine 2 1.7 3.9 2.0 1.3 2.6 10 8.3 19.4 9.9 6.7 12.8 50 42.0 97.0 49.6 33.4 64.0 *Amounts of sodium hypochlorite arc based on concentrations of available chlorin by volume. For tither sodium hypochioritc or calcium hypochlorite, extended or improper storage of chemicals may have caused a loss of available chlorine. 6 1 1 1 1 1 1 1 1 1 This appendix is for information only and is not a part of 4WWR C652. Sec. B.1 Disposal of Heavily Chlorinated Water I. Check with local sewer department for conditions of disposal to sanitary sewer. 2. Chlorine residual of disposed water will be neutralized by treating with one of the chemicals listed in Table B.1. Table B.t Amounts of Chemicals Required to Neutralize Various Residual Chlorine Concentrations in 100 000 gal of Water* •Exapt for residual chlorine concenmtion, all amounts an in pounds. APPENDIX B Disposal of Heavily Chlorinated Water Chemical Required Residual tb Chlorine Sulfur Sodium Sodium Sodium Concentration Dioxide Bisulfate Sulfite Thirsulfate mg /L (S0 (NaHSO,) (Na (Na2S,O 1 0.8 1.2 1.4 1.2 2 1.7 2.5 2.9 2.4 10 8.3 12.5 14.6 12.0 50 41.7 62.6 73.0 60.0 7