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City of Burnet Standard Specifications Section 100-1 General Requirements
General Requirements
Section 100
101 Sequence of Construction
A. Subdivision development, commercial construction, and City sponsored projects shall follow a sequence of
construction as noted by the City Engineer and outlined below. Where variances are deemed necessary by the
Developer’s Engineer (Texas Licensed Professional Engineer), or the City’s contracted Project Engineer or
Contractor, the request must be in written form to the City Engineer. All permits and fees must be paid at the
time of the variance request.
B. Erosion Control devices installed per Storm Water Pollution Prevention Plan. Erosion Control devices must be
maintained during the entire course of construction.
C. Drainage and Grading including all cut and fill for proposed streets must be installed first (drainage pipe,
culverts, inlet boxes, channels, rip-rap, detention/retention ponds, etc.).
D. Utilities installed after drainage and especially after cut and fill has been completed. Utilities include but are
not limited to Water, Sewer, Electric, Cable, Telephone, and Gas. Revegetation begins immediately in areas of
utilities installed out of the Right of Way.
E. Utilities (including Storm Drainage Pipe) tested per Section 800 of Burnet Standard Specifications of
Subdivision Construction and subsequent repairs made.
F. Pavement installed and revegetation of right of way. Pavement may not begin until all Utilities within the Right
of Way are installed and complete (Water, Sewer, Electric, Cable, Telephone, and Gas).
G. Utilities tested per Section 800 of Burnet Standard Specifications of Subdivision Construction and subsequent
repairs made.
H. Record drawings (As-Built) submitted to City Engineer.
I. Revegetation complete, Erosion Control devices removed.
J. Final Walk Through, Punch List, Final Acceptance.
110 Responsibilities and Obligations
111 City of Burnet
111.01 Specification Deficiencies: If omissions or ambiguities occur in these specifications,
requirements of the Texas Department of Transportation, the Texas Commission on Environmental
Quality, and/or the City Engineer shall govern that part of the work.
111.02 Standard Products Lists (SPL): The City of Burnet Standard Products Lists (SPL) is
considered to form a part of these Specifications. Contractors may, when appropriate, elect to use
products from the SPL; however, submittal to the Engineer is still required.
The SPL’s should not be interpreted as being a pre-approved list of products necessarily meeting the
requirements for a given construction project. Items contained in the SPL cannot be substituted for
items shown on the Drawings, or called for in the specifications, or specified in the Bidding
Requirements, Contract Forms and Conditions of Contract, unless approved by the Engineer.
The Developer/Contractor shall submit descriptive information and evidence that the materials and
equipment the Contractor proposes for incorporation in the work is of the kind and quality that
satisfies the specified functions and quality.
111.03 Authority and Duties of Inspector: Inspector will be authorized to inspect all work done and all
materials furnished. Such inspection may extend to all or to any part of the work and to the
preparation or manufacture of the materials to be used. An inspector will be assigned to the work by
the Director of Public Works and will report to him the progress of the work and the manner in which
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City of Burnet Standard Specifications Section 100-2 General Requirements
it is being performed. The inspector will also report whenever it appears that the materials furnished
and the work performed by the Contractor fail to fulfill the requirements of the Construction
Documents and to call the attention of the Contractor and the Owner to any obligation to perform the
work in accordance with the requirements of the Construction Documents.
The Inspector will not be authorized to revoke, alter, enlarge, or release any requirement of the
Construction Documents, nor to approve or accept any portion of work, or to issue instructions
contrary to the Construction Documents. He will in no case act as foreman or perform other
supervisory duties for the Contractor nor interfere with the management of the work. The inspector
shall, however, have the authority to temporarily suspend work if deficiencies are discovered. Such
suspension shall be followed by written notification to the Consulting Engineer/Owner and may be
appealed to the City Engineer.
111.04 Final Inspection: Within five working days after the Owner has given the City Engineer written
notice that the work has been substantially completed, the Inspector will review the work and schedule
a final acceptance walk through.
111.05 Acceptance by the City: A meeting for final acceptance will be on the site and at a time
mutually agreeable between the City Engineer and the Owner. The Inspector will also invite:
A. Contractors, as appropriate
B. Consulting Engineer
C. Water/Wastewater Utility Representative
D. Street Department Representative
E. City Of Burnet Engineer
F. Fire Marshall Representative
G. Public Works Representative
H. Electric Supervisor
I. If the project involved A.D.A. requirements and T.D.L.R./Independent Contractor
approved the plans the representative for T.D.L.R./Independent Contractor that
reviewed the plans will be invited.
A final acceptance letter or a conditional acceptance letter will be provided by the City Engineer based
on the results of the walk through.
112 Developers & Owners
112.01 Owner-Engineer Relationship: The owner shall specify his representatives for the work who
will be responsible for all communications with the City. When the Construction Plans have been
reviewed by the City of Burnet Staff (Water/Wastewater, Electrical, Streets Department, etc.),
approved by the City Engineer and passed to the Construction Inspector, the work must not deviate
from the signed Construction Documents. Field adjustments not affecting project integrity, cost of
construction, time and consistent with intent of design may be approved by the Inspector. The office
of the City Engineer must approve changes to Construction Drawings.
112.02 Owner’s Duty and Superintendence: The Owner shall insure that no work shall be done nor
materials used without qualified supervision and inspection of work.
The Owner and Owner’s contractor shall comply with Storm Water Pollution Prevention Requirements
as defined by the T.C.E.Q. and the L.C.R.A. by maintaining all permits. A copy of the permit shall be
provided to the City of Burnet Engineering Department prior to construction. The Owner shall post the
permits on the jobsite per T.C.E.Q. requirements.
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City of Burnet Standard Specifications Section 100-3 General Requirements
If burning is allowed on the project, authorization from the City of Burnet Fire Marshall is required.
112.03 Pre-construction Conference: The Owner will distribute approved plans prior to convening a
pre-construction Conference to start any construction. As a minimum, the conference shall consist of:
introduction of all parties with exchange of phone numbers and addresses; discussion of start dates and
schedule of events; Erosion and Sedimentation controls, traffic control, barricades, superintendence,
and final acceptance guidelines and publishing and distribution of minutes. A minimum of two days
notice of the conference will be given to:
A. Owners Representative
B. Consulting Engineer
C. Contractors for roads, drains, and utilities
D. City Engineer or Representative
E. Water/Wastewater Utility Director
F. Fire Department
G. Texas Department of Transportation (if applicable)
H. Public Works Representative
I. Streets Representative
J. Electric Utility Supervisor
112.04 Substantial Completion: Substantial completion shall be defined as the date that, in the
opinion of the Owner or his Consulting Engineer, and City inspector, all work will be finished within
10 days.
112.05 Guarantee Against Work: Owner shall warrant the work for a period of one year from the date
of the Letter of Final Acceptance of complete project. Said warranty shall bind Owner to correct any
defects in materials, workmanship (including utility backfills), or design inadequacies, which may be
discovered within said one year period. Owner shall correct or cause his Contractor to correct at his
own expense, such defects within 30 days after receiving written notice of such defects from the City
Engineer. Should Owner or his Contractor fail or refuse to correct such defects within the said 30 day
period or to provide acceptable assurances that such work will be completed within a reasonable time
thereafter; the City of Burnet may correct any such defects at expense of Owner or his Contractor or
his bond.
113 Engineers / Surveyors
113.01 Construction Drawings: Construction drawings shall meet all requirements of the City of
Burnet Standard Specifications and Subdivision ordinance, and must be approved by the office of the
City Engineer.
All plans shall be drawn at Texas Central State Plane Grid NAD 83’ and scaled to surface values based
on an origination point of x,y,z = 0,0,0. The scale factor used shall be clearly marked on the face of
the plat. An electronic copy of the construction plans shall be provided to the City of Burnet at Texas
Central State Plat Grid NAD 83’ and at surface values. All rights-of-way and easements shall be based
on surface values.
All projects submitted for construction must be designed to adhere to the Texas Department of
Licensing & Regulations – Architectural Barriers Act. Additional requirements are in this section
under 120 of this chapter.
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City of Burnet Standard Specifications Section 100-4 General Requirements
113.02 Geotechnical Evaluation: A geotechnical report including laboratory reports shall be
submitted at the time of the construction drawings submittal to support the design submitted. This
report shall include a geotechnical evaluation for any structures (i.e. Lift Stations, concrete
foundations, etc.) and to support the street design.
113.03 Drainage Report: Drainage calculations are required for all culverts, low water crossing and
drainage ditches.
A drainage report and storm water pollution prevention plan if required shall be submitted at the time
of the construction drawings submittal to support the design.
113.04 As-Built Drawings: The Owner’s Engineer must submit record drawings that have been signed,
sealed, and dated by final acceptance of the project.
114 Laboratory
114.01 Testing of Materials: Unless otherwise specified, atterberg limits and soil moisture-density tests
performed on the site to determine the quality of material to be incorporated into the project will be as
directed by the Engineer. Frequency, time, locations, and procedures of tests will be coordinated and
approved by the Inspector. This testing is to be accomplished by an independent laboratory. Payment
for all testing will be the responsibility of the Contractor. Restoration or patching required due to
testing shall be done at no expense to the City.
115 General Project Information
115.01 Submittals: Prior to the start of construction four copies of submittals are required for the
project. Allow five (5) workings days for Engineering to review the submittals. They will be reviewed
by the City Engineer.
If approved: Two copies will be returned to the Design Engineer stamped approved.
If rejected: Four Copies will be returned to the Design Engineer with a cover letter stating areas of
concern.
Utility and Street Construction cannot start prior to approval of the submittals.
115.02 Trench Safety System Plan Submittal: Prior to or at the Pre-Construction Conference, the
Design Engineer/Developer shall submit to the City Of Burnet a Trench Safety System Plan sealed by
a registered Professional Engineer licensed in the State of Texas.
A Notice To Proceed with construction will not be issued by the City Of Burnet until the Trench
Safety System Plan is received by the City Of Burnet.
The Trench Safety System Plan at a minimum shall conform to OSHA standards for sloping of sides,
utilization of trench boxes, and/or utilization of shoring, sheeting and bracing methods.
The Contractor's Competent Person(s) shall be responsible for the maintenance of a copy of
appropriate OSHA regulations onsite and the implementation of OSHA trenching safety regulations at
the work site. Trenching shall be completed to the lines and grades indicated on the Drawings or as
specified in various technical standard specification items requiring excavation and trenching and/or
backfilling. The Contractor shall perform all trenching in a safe manner and shall maintain safety
systems to prevent death or injury to personnel or damage to structures, utilities or property in or near
excavation.
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City of Burnet Standard Specifications Section 100-5 General Requirements
If evidence of possible cave-ins or earthen slides is apparent or an installed trench safety system is
damaged, the work in trench shall immediately cease, personnel evacuated from hazardous area and
the Owner notified. Personnel shall not be allowed to re-enter the excavation until necessary repairs or
replacements are completed and are inspected and approved by the Contractor's Competent Person(s).
Repair and replacement of damaged safety system shall be at the Contractor's sole expense.
115.03 Water, Solid Waste and Electricity: The Contractor shall make arrangements as may be
required to bear all expenses for obtaining water, solid waste disposal, and temporary electric power.
The contractor shall make all connections, furnish all necessary extensions, and remove same upon
completion of the work.
The contractor shall establish an account with the City Of Burnet solid waste contractor prior to the
start of the job, if solid waste is to be generated on the project. Construction debris and waste shall be
disposed of per TCEQ requirements. Depending on the project a roll-off may be required to contain
the waste. Due to contracts requirements with the City Of Burnet solid waste contractor, the contractor
shall pay all tipping fees for the project. This includes Capital Improvements Projects as well as
private developments. All outstanding bills shall be paid prior to final acceptance of the project.
Any damage to City Of Burnet property will be billed to the contractor. Any outstanding bills shall be
paid prior to final acceptance of the project.
120 General Project Requirements
121 General Requirements
The engineer on record for the project needs to determine what general requirements are required for
the project.
122 Special Requirements
122.01 EPA National Pollutant Discharge Elimination (NPDES): Projects which disturb over 5 acres
must comply with NPDES requirements. These require that a plan be prepared by a Professional
Engineer and be included in the bid documents. A Notice of Intent (NOI) as part of a TCEQ general
permit must be submitted to TCEQ and LCRA by the contractor or owner at least 48 hours prior to the
start of construction. A Notice of Termination (NOT) must be prepared upon completion of the
conditions specified in the SW3P and submitted to EPA.
122.02 Storm Water Pollution Prevention Plan (SW3P): Plans and specifications for all projects
located in TxDOT right of way and all projects which disturb over 5 acres are required to include a
plan to mitigate storm water pollution. Other city capital projects may include this plan if deemed
necessary to prevent surface water pollution. This SW3P will be part of the work which is performed
by the contractor. As a minimum the SW3P must include:
Site description.
Control measures to be performed by the contractor.
Any permanent storm water management measures.
Procedures for maintenance of erosion control measures.
Description of inspection procedures.
122.03 TCEQ Approvals: Plans and specification must be filed for record with TCEQ - Water Quality
Division, for all wastewater collection system extensions, but no approval will be issued by TCEQ. All
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City of Burnet Standard Specifications Section 100-6 General Requirements
water distribution system extensions which constitute a significant change (10 % or more) must be
submitted to the Plan Review Team of TCEQ and approved prior to construction. All improvements
other than maintenance of existing facilities at the water or wastewater treatment plants must be
submitted to and approved by TCEQ (Water Quality Division), prior to bidding. All plans which
include work on public water or wastewater systems must conform to the TCEQ requirements for
water and wastewater systems.
122.04 Wetlands: Projects which disturbs (cut/fill) land that is below the plane of ordinary high water
of a stream or area that is considered “waters of the United States” will be required to submit a U.S.
Army Corps of Engineer 404 permit. The owner may use applicable Nationwide Permits as
recommended by a Licensed Professional Engineer in Texas.
122.05 City Of Burnet Planning & Development: The engineer on record for the project needs to
determine what planning and zoning ordinances are required for the project. If the project would
require any waivers or variances that need to be acted upon then they need to be submitted to the City
of Burnet Planning and Development Department.
123 Control of Work
123.01 Conformity with Plans, Specifications and Special Provisions: All work performed and all
materials furnished shall be in reasonably close conformity with the lines, grades, cross sections,
dimensions, details, gradations, physical and chemical characteristics of materials in accordance with
tolerances shown on the plans or indicated in the specifications and special provisions.
In the event the Engineer finds that the work performed or the materials used are not within reasonably
close conformity with the plans, specifications and special provisions, the affected material or product
shall be removed and replaced or otherwise satisfactorily corrected by and at the expense of the
Contractor.
Any deviations from the plans and approved work drawings will be made only with the approval of the
Engineer.
123.02 Coordination of Plans, Specifications and Special Provisions: The specifications accompanying
plans, special provisions and addendums are essential parts of the contract and a requirement occurring
in one is as binding as though occurring in all. They are intended to be cooperative and to describe
and provide for a complete work. In cases of disagreement, figured dimensions shall govern over
scaled dimensions, plans shall govern over standard and special specifications, and special provisions
shall govern over both standard and special specifications and plans.
123.03 Cooperation of Contractor: The Contractor shall have one copy of the plans and specifications
available on the project at all times. He shall give the work his constant attention to facilitate the
progress thereof and shall cooperate with the Engineer and his representatives in every way possible.
The Superintendent shall be cooperative, responsible and competent, English speaking, authorized to
receive orders and to act for the Contractor. The Superintendent will be available at all times. In the
event a competent superintendent is not available, the Engineer may suspend work until one is
available.
123.04 Deviation from the Plans and Specifications: No deviation from the requirements of the plans
and specifications will be permitted without the express, written approval of the Engineer. The
Contractor shall prepare and/or assemble a detailed description of each proposed deviation from the
plans and specifications. The description of each proposed deviation shall include, but not be limited
to, drawings indicating horizontal and vertical details of all structural, mechanical and electrical
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City of Burnet Standard Specifications Section 100-7 General Requirements
elements of the proposed deviation, manufacturer's detailed performance and construction data for all
equipment, detailed descriptive specifications of all piping and valves and all other data, information
and plans as requested by the Engineer. The copies of the description of each proposed deviation shall
be submitted to the Engineer for review.
All deviations from the plans and specifications shall conform to the original defined and implied
intent of the plans and specifications.
The Developer/Owner shall be responsible for and assume all costs of all elements of approved
deviations including, but not limited to design, preparation of plans, procurement of materials and
equipment, construction, installation and instigation of service. If the completed improvements of
each deviation do not fulfill, provide, and meet the defined and implied intent of the plans and
specifications, the Developer/Owner shall provide labor, materials and equipment as required to
modify the work to the satisfaction of the Engineer.
123.05 Quality of Equipment and Materials: In order to establish standards of quality, the Engineer
may have referred in detailed specifications to certain products by name and catalog number. This
procedure is not to be construed as eliminating from competition other products of equal or better
quality by other manufacturers. The word "or approved equal" shall be considered following all such
listings regardless of whether they so appear.
The Design Engineer shall furnish to the Engineer the complete list of proposed desired substitutions
in sufficient time prior to their use to give the Engineer adequate time for his review, together with
such engineering and catalog data as the Engineer may require. Failure on the part of the Design
Engineer to supply data to the Engineer prior to ordering or using such alternate material or equipment
will not relieve the Design Engineer of furnishing acceptable material or equipment as required by the
Engineer.
The Design Engineer shall abide by the Engineer's judgment when proposed substitute materials or
items of equipment are judged to be unacceptable and shall furnish the specified material or item of
equipment in such cases. All proposals for substitutions shall be submitted in writing by the Design
Engineer and not by individual trades or material suppliers. The Engineer will review proposed
substitutions within a reasonable time after submission and no substitutions shall be used unless the
substitution is accepted in writing.
123.06 Specifications by Standard Designation: Whenever practicable, specifications will be made
herein by designating certain published "standards" of recognized organizations. Standards will be
indicated by the full name of the sponsoring organization or by clearly recognized abbreviations and
designation number. In all cases, it shall be understood that such references mean the designated
specifications or the latest revision thereof.
123.07 Inspection: The Engineer or his representatives shall be allowed access to all parts of the work
at all times and shall be furnished every reasonable facility for ascertaining whether the work as
performed is in accordance with the requirements and intent of the plans and specifications. The
Contractor shall cut and replace with new materials at his own expense such samples as are
customarily required for testing purposes. If the Engineer requests it, the Contractor shall at any time
before acceptance of the work, remove or uncover such portions of the finished work as may be
directed. After examination, the Contractor shall restore the work to the standard required by the
specifications. Owner will in any event retain all samples required for the inspection.
123.08 Unauthorized and Defective Work: Any defective work, whether the result of poor
workmanship, use of defective materials, damage through carelessness, or any other cause found to
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City of Burnet Standard Specifications Section 100-8 General Requirements
exist during construction or after final acceptance, shall be removed immediately and replaced by work
and materials which shall conform to the contract documents or shall be remedied otherwise in an
acceptable manner authorized by the Engineer. These provisions shall have full effect regardless of
the fact that the defective work may have been done or the defective materials used with the full
knowledge of the inspector. The fact that the owner may have previously overlooked such defective
work shall not constitute an acceptance of any part of it. Work done contrary to or regardless of the
instructions of the Engineer, work done beyond the requirements of the contract documents or any
extra or additional work done without authority will be considered as unauthorized and will not be
paid for by the Owner. Work so done may be ordered removed or replaced at the Contractor's
expense.
123.09 Non-Waiver: No act or omission by Owner shall constitute waiver or estoppel of Owner's right
to enforce any provision of this Contract.
123.10 Remedies Cumulative: No provision hereof is in lieu of any warranty implied by law. No
provision hereof is in lieu of any remedy provided by law. All warranties and remedies are
cumulative, and resort to one by Owner shall not be an election over others.
123.11 Final Inspection: Unless otherwise required, the Engineer shall make final inspection of the
work included in the contract within a reasonable time after written notification by the Contractor that
the work is completed. If the work is approved by the Engineer after inspection, he shall advise the
Contractor that the work is completed. If the work is not approved by the Engineer after inspection, he
shall advise the Contractor as to the particular defects to be remedied before final approval and
recommendation for acceptance can be made to the Owner.
124 Control of Materials
124.01 Materials: Only materials conforming with the construction documents shall be used in the
work. Materials which for any reason become unsuitable for use shall be rejected and not used.
124.02 Test of Materials: All tests of materials shall be made in accordance with approved methods as
described and designated in the technical specifications. When tests of materials are required, such
test shall be made by a testing laboratory approved by the Engineer and at the expense of the
Contractor. The Contractor shall provide such facilities as may be required for collecting and
forwarding samples and shall hold materials represented by the samples until tests have been made and
the materials found equal to the requirements of the specifications.
Unless otherwise specified, all tests of materials shall be made in accordance with the methods
prescribed by the American Society for Testing Materials.
Upon completion of laboratory testing of materials as specified above, the results of the tests made
therein shall be used as a basis for acceptance or rejection in accordance with the specifications for the
particular material. Contractor will retain all materials tested.
124.03 Storage of Materials: Materials shall be stored in such manner as to insure the preservation of
their quality and fitness for use. Suitable sheds, platforms, and covers shall be provided when
necessary to protect materials and the materials shall be stored in such manner as to facilitate
inspection.
124.04 Defective Materials: All materials not conforming to the requirements of the contract
documents shall be considered as defective. Upon failure on the part of the Contractor to remove,
repair, or replace defective material when so ordered by the Engineer, the Owner shall have authority
to remove, repair, or replace such defective material and to deduct all costs so incurred from any
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City of Burnet Standard Specifications Section 100-9 General Requirements
monies due or to become due the Contractor. Defective material not permitted for use shall be
immediately removed from the site or disposed of as directed by the Engineer.
124.05 Manufacturer Directions: Manufactured articles, material, and equipment shall be applied,
installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer and must
be approved by the Engineer as required by the technical provisions.
130 Technical Specifications
131 General Information
131.01 References: TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or
streamlined type and include incomplete sentences. The omission of words or phrases such as
"Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to
PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by
inference in same matter as they are when a "note" occurs on PLANS.
The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all
items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or
specified herein, or both, including all labor, materials, equipment, and incidentals necessary and
required for their completion.
Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar
words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object
of the clause, such as "approved by Engineer".
All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions
shall mean the latest edition thereof.
Reference to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in
accordance with following abbreviations:
American Association of State Highway and Transportation Officials
American Concrete Institute
American Institute of Steel Construction
American Iron and Steel Institute
American National Standards Institute (Formerly ASA)
American Petroleum Institute
American Society for Testing and Materials
American Welding Society
American Waterworks Association
Federal Specifications
Institute of Electrical and Electronic Engineers
Insulated Power Cable Engineers Association
Lower Colorado River Authority
National Electric Code
National Electrical Manufacturers Association
National Fire Protection Association
National Sanitation Foundation
Portland Cement Association
Prestressed Concrete Institute
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City of Burnet Standard Specifications Section 100-10 General Requirements
Post-Tensioning Institute
Steel Structures Painting Council
Texas Commission on Environmental Quality
Underwriters' Laboratories
Some TECHNICAL SPECIFICATION items cover construction requirements and materials in
comprehensive manner, and only pertinent portions of these items apply.
140 General Provisions
141 Definitions
"Act of God" - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature.
"Addendum" - Any written or graphic modification or interpretations of the contract document issued
by the Engineer.
"Engineer" - The City Engineer for the City of Burnet, Texas or his designated representative.
"Notice to Proceed" - The written notice given by the Owner to the Contractor fixing the date on which
Contractor shall commence to perform his obligation under the contract documents.
"Plans" -The maps and drawings together with any supplements furnished by the Engineer.
“Product Data” - Complete catalog data for the manufactured items of equipment and all component
parts, including specific performance data, material description and source, rating, capacity, working
pressure, material gauge or thickness, brand name, catalog numbers, and other necessary information.
"Right-of-Way" - The area (either temporary or permanent) provided by the Owner for use in
constructing the work covered by the contract, including the appurtenances thereto.
"Shop Drawings" - All diagrams, drawings, illustrations, brochures, schedules, and all other data
submittals required by the contract to be furnished by the Contractor illustrating fabrication,
installation, dimensions, and other aspects of the work.
"Specifications" - The directions, requirements, explanations, terms and provisions pertaining to the
various features of the work to be done, the manner and method of performance, and the manner and
method of measurement and payment (Specifications include such directions, requirements, and
explanations as appear on the plans).
"Substantial Completion" - The date when the work or specified part thereof it sufficiently completed
in accordance with the contract so that the project or a specified part can be used for the purposes for
which it was intended.
150 Legal Relations and Responsibility to the Public
151 Responsibilities
151.01 General: Developer/Owner shall, at his own expense, comply with all applicable federal, state,
and local laws, regulations, and standards including without limitation those governing labor, safety,
health, and sanitation.
151.02 Permits and Licenses: The Developer/Owner shall produce all permits and licenses and give all
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City of Burnet Standard Specifications Section 100-11 General Requirements
notices necessary and incident to the due and lawful prosecution of the work.
151.03 Public Safety and Convenience: The Developer/Owner shall be solely and completely
responsible for conditions of the job site, including safety of all persons and property during
performance of the work. This requirement shall apply continuously and not be limited to normal
working hours. Any review by the Engineer of the Contractor's performance does not, and is not
intended to; include review of the adequacy of the Contractor's safety measures in, on or near the
construction site.
The Contractor shall at all times so conduct his work as to insure the least possible obstruction to
traffic. The convenience of the general public and the protection of persons and property are of prime
importance and shall be provided for by the Contractor in an adequate and satisfactory manner.
The Contractor shall conduct the work so as to cause a minimum of inconvenience to traffic at
intersections and connecting streets and to persons operating commercial enterprises or residing along
the route of work. Entrances to residences, garages, service stations, business places and driveways of
all kinds shall not be blocked for more than a few hours, if at all. Satisfactory means of ingress and
egress for persons residing or transacting business along the route of the work shall be maintained all
times. The Contractor shall not work before 7:00 a.m. or after 6:00 p.m. without written permission of
the Engineer.
Adequate sanitary conveniences for the use of persons employed on the work properly secluded from
public observation shall be constructed and maintained by the Contractor in such a manner and at such
points as shall be approved by the Engineer. These conveniences shall be maintained at all times
without nuisance and their use shall be enforced. Upon completion of the work, they shall be removed
from the premises, leaving all clean and free from nuisance.
151.04 Barricades, Warning Signs and Flagmen: The Developer/Owner shall at his expense and
without further or other order provide, erect and maintain at all times during the progress or temporary
suspension of the work suitable barricades, fences, signs or other adequate warnings or protection, and
shall provide, keep and maintain such danger lights, signals, and flagmen as may be necessary to insure
the safety of the public as well as those engaged in connection with the work. All barricades and
obstructions shall be protected at night by signal lights which shall be suitably distributed across the
roadway and which shall be kept burning from sunset to sunrise. The Developer/Owner shall provide
all barricades and the placement of all barricades shall meet the requirements as provided within Part
VI, Texas Manual on Uniform Traffic Control Device for Streets and Highways.
Failure of the Engineer to notify the Developer/Owner to maintain barriers, lights, signals, or flagmen
shall not relieve the Developer/Owner from this responsibility. The Developer/Owner will be
required, at the request of the Engineer, to produce a Traffic Control plan and submit this to the City
Engineer for approval.
All traffic control devices and procedures used by the Developer/Owner in controlling, directing, and
safeguarding traffic shall conform to the requirements of the "Texas Manual on Uniform Traffic
Control Devices".
The Developer/Owner’s responsibility for the safeguarding of traffic as specified above shall cease
when the work is completed and accepted by the City.
151.05 Fences: By the construction of temporary fences or by other adequate means, the
Developer/Owner shall restrain livestock from leaving the lands wherein they are confined, or from
trespassing which would be made possible, or which might result from, the removal or destruction
of existing fences or the carrying out of any part of the work under the contract. The
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City of Burnet Standard Specifications Section 100-12 General Requirements
Developer/Owner shall be responsible for all loss, injury or damage that may result from his failure
to restrain stock as above provided. The expense for erecting and maintaining temporary fences
and for otherwise providing for the restraint of stock shall be borne by the Developer/Owner.
151.06 Safeguarding of Excavations: The Developer/Owner shall provide such safeguards and
protections around and in the vicinity of excavations as may be necessary to prevent and avoid the
occurrence of damage, loss, injury and death to property and persons because of such excavations.
Liability for such damage, loss, injury or death shall rest with the Developer/Owner.
151.07 Use of Explosives: A permit must be obtained from the City Fire Marshall prior to any
blasting, as per adopted fire code. In the use and storage of explosives, the Contractor shall use every
precaution to prevent injury to persons and damage to property. Secure storage places shall be
provided and all such places shall be clearly marked with warning signs. Only persons experienced in
the handling of explosives shall be used on the project. No blasting shall take place until a warning
has been sounded and all persons within the radius of danger removed. In the handling and storage of
explosives, the Contractor must comply with all Federal, State and local laws, and the Owner and
Engineer will in no way be responsible for damages to property or injury to persons resulting from
explosions.
When explosives are used, particularly in proximity to buildings or other structures, care shall be taken
to protect the surroundings from injury by explosion, resultant concussion or by flying rocks or debris.
The quantities of explosives and manner of their use shall be such that adjacent property will not be
damaged. In case the vicinity of the work is accessible to the general public, the Contractor shall,
before any explosives are used, post men about the work in various directions to warn all persons of
the danger existing and to prevent them from approaching more closely than safety will permit.
151.08 Trespass: The Developer/Owner will be solely responsible for any trespass upon adjacent
property or injury thereto resulting from or in connection with his operations. He will be liable for any
claims that may be made on account of trespass or the deposit of debris of any kind upon private
property.
151.09 Protection of Property and Persons: In the performance of the work to be done under the
contract, the Developer/Owner shall use every reasonable and practical means to avoid damage to
property, injury to persons and loss, expense, inconvenience and delay to property owner, users of
streets or highways and others. He shall provide protective devices and flagmen wherever and
whenever needed in affording this protection and in the performance of the work, and shall use no
means or methods which will unnecessarily endanger either persons or property.
At points where the Developer/Owner’s operations are adjacent to properties of railway, telegraph,
telephone, water, gas, or other pipeline or power companies, or are adjacent to other property, work
shall not be commenced until all arrangements necessary for the protection of the interests of the
Owner as well as any interest that a third party may have therein, have been made.
All utility companies shall be advised by the Developer/Owner of the work proposed under this
Contract and of the necessary adjustments to their respective installations. The Developer/Owner shall
communicate with all utility companies at least three (3) days in advance before commencing any work
in areas where utilities are located.
The Developer/Owner shall be on the alert for any additional utilities which he may encounter in the
course of the operations. If additional utilities are discovered, the Developer/Owner shall immediately
take steps to protect the utility and notify the Engineer and the utility owner.
In case of damage to any utilities by the Developer/Owner, either above or below the ground, the
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City of Burnet Standard Specifications Section 100-13 General Requirements
Contractor shall restore such utilities to a condition equal to that existing before the damage was done.
Any and all costs incurred for such restoration shall be borne entirely by the Developer/Owner.
The Developer/Owner shall take into consideration the adjustments of installations by public utilities
in areas within the limits of the contract in preparing his proposal. No additional compensation will be
allowed for work interruptions, changes in handling, excavation, drainage and paving, changes in types
of equipment used, etc. caused by others performing work within the limits of the contract.
151.10 Restoration of Damaged Property: All damage and injury to property that may be caused by or
that may result from the carrying out of the work to be done under the subcontractors, or his
employees, shall promptly be made good by the Developer/Owner either by the repairing, rebuilding,
or replacing of the property damaged or in some other manner satisfactory to the owner of such
property. In case of failure on the part of the Developer/Owner to promptly and satisfactorily make
good damage or injury, the Developer/Owner may proceed to repair, rebuild, or replace such property
as may be deemed necessary.
In applying the provisions above stated, the repairing, rebuilding or replacing of damaged property
shall be understood to include the providing of any temporary facilities that may be needed to maintain
normal service until the required repairing, rebuilding or replacing is accomplished.
151.11 Developer/Owner's Responsibility for Work: Until final acceptance of the construction, the
Developer/Owner will be responsible for any injury or damage to the work or any part thereof or to
materials, equipment, or supplies due to any cause whatsoever, and he shall make good at his own
expense all such injuries or damages.
151.12 No Personal Liability of Engineer: The exercise of all responsibility, power, and authority by
Engineer or his representative is undertaken solely to satisfy Engineer's obligation to the
Developer/Owner. It shall not give rise to any claim against nor impose liability to Engineer or his
representatives in favor of Developer/Owner or third persons for any reason whatsoever and
Contractor agrees that any remedy he has arising out of in connection with Engineer's performance
hereunder, whether neglect or otherwise, is against the Developer/Owner and not Engineer.