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Contract - Smith Contracting Co. - 12/5/2019 g . 2°1416 BID COPY/ORIGINAL CITY OF ROUND ROCK UTILITIES AND ENVIRONMENTAL SERVICES DEPARTMENT �y. f'? " ROUND ROCK TEXAS Project Manual For: OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS (REVISED PER ADDENDUM NO. 1) OCTOBER 2019 Prepared By: CITY OF ROUND ROCK APPROVED BY ATTONEY TBPE Firm Registration No N/A OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS TABLE OF CONTENTS Section Description No. of Pages -- Addendum No. 1 1 7 00020 Notice to Bidders 1 00100 Instructions to Bidders 4 Exhibit A 1 — 00200 Bid Bond 2 00300 Bid Form 14 00410 Statement of Bidder's Safety Experience 1 00500 Agreement 5 Attachment A 1 00600 Insurance & Construction Bond Forms Performance & Payment Bond Instructions 1 Insurance Instructions 1 00610 Performance Bond 2 I 00620 Payment Bond 2 00650 Certificate of Liability Insurance 1 00700 General Conditions 41 00800 Supplemental General Conditions 2 00900 Special Conditions 5 01000 Technical Specifications 4 Attachment A 3 02000 Plans, Details and Notes 116 (see below) Geotechnical information 21 SWPPP 31 Construction Details 15 Drawings (Plans) (under separate cover) 49 TOTAL 116 i8-2016 00090665 Table of Contents I CITY OF ROUND ROCK OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS ADDENDUM NO. 1 October 17, 2019 The time and location for the submission of bids is unchanged. ADDENDUM NO. 1 The following additions, deletions, modifications, or clarifications shall be made to the appropriate sections of the Contract Documents. Bidders shall acknowledge receipt of this Addendum No. 1 in the space provided on the Bid Form; failure to acknowledge this addendum on the Bid Form may result in disqualification of the bid. BIDDING REQUIREMENTS: No changes TECHNICAL SPECIFICATIONS: 1I1. Attachment A to Section 01000 Technical Specifications is added to the Project Manual to modify the Governing Technical Specifications for Item Nos.700 Mobilization,and 803 Barricades,Signs and Traffic Handling. DRAWINGS: No changes BID FORM: A revised Bid Form is issued with the following changes: 1. The quantity and unit for Base Bid Item 31—"Barricades,Signs and Traffic Handling"are revised; in lieu of a quantity of 5 and a Month as the unit,the revised quantity and unit will be 1 and Lump Sum,respectively. 2. Base Bid Item 32—"Mobilization"is added to the Bid Form. 3. The quantity and unit for Add Alternate No. 1 Bid Item AA-15— "Barricades,Signs and Traffic Handling" are revised; in lieu of a quantity of 2 and a Month as the unit,the revised quantity and unit will be 1 and Lump Sum, respectively. 4. Add Alternate Bid Item AA-19—"Mobilization"is added to the Bid Form. PROJECT MANUAL: 1. A revised Project Manual including the changes noted above will be posted at the CivCast website to replace the previously posted Project Manual. END OF ADDENDUM NO. 1 Addendum No. 1 was prepared by me or under my responsible supervision and is applicable to the project referenced above. IE OF 7-'1\1 `'9s i• JDANE.LYNN.HALDEN 4! �� 63225 o 7 -, • 1 F�,STE��fr• \�� /0 17/I'ct Daniel Lynn Halden, P.E., City Engineer Date City of Round Rock Utilities and Environmental Services Department J Page 1 of 1 Addendum No. 1 I) r, I 00020 NOTICE TO BIDDERS r-. r-t Notice to Bidders Pursuant to the provisions of Texas Government Code, Section 2269.101, it is the intention of the City of Round Rock to select,pursuant to the Invitation for Bids,a prime contractor by using the Competitive Bidding Method for the construction of the Oak Bluff and Greenfield Drainage Improvements as generally described herein. The project includes: construction of approximately 86 feet of twin 6' x 6' box culvert under County Road 123, 1,100 feet of 72"storm sewer pipe, 1,300 linear feet of channel improvements,junction boxes,headwalls,and associated appurtenant and miscellaneous items; and includes add alternates for the construction of approximately 560 feet of 7' x 4' box culvert, 510 feet of 36" storm sewer pipe, inlets,swale grading/shaping, and associated appurtenant and miscellaneous items. n Sealed Bids shall be submitted to Danny Halden, City Engineer, City of Round Rock, 3400 Sunrise Road, Round Rock, Texas, 78665 before 2:00 PM on October 22nd, 2019 in an opaque envelope/packaging, sealed, and clearly '" marked on the outside with: Bid to Serve as Competitive Bid for the --� Oak Bluff and Greenfield Drainage Improvements Bids will be publicly opened and read aloud at 3400 Sunrise Road, Round Rock, Texas at 2:00 PM on October 22nd, 2019.No oral, telegraphic or facsimile bids will be accepted. No late bids will be accepted. No bids may be withdrawn after the scheduled bid opening deadline. All bids received after the scheduled bid opening deadline will be returned unopened. Bids are to include the qualification information and completed forms specified in the Instructions to Bidders. - Instructions to Bidders and all other Bid Documents may be obtained free of charge beginning September 30,2019 at the following website: www.civcastusa.com; registration with CivCast is required at the website to download the documents. Bidders shall be responsible for printing or obtaining prints of the documents as necessary. For - questions contact Danny Halden, P.E., 512-218-6610 or at dhalden@roundrocktexas.gov. Each bidder shall examine the Bid Documents carefully and, not later than close of business October 16, 2019, shall make written request, via email and by email only, to the Owner for questions, interpretations or corrections of any ambiguity, inconsistency or error therein which she/he may discover to: Danny Halden, dhalden@roundrocktexas.gov. - Any formal interpretations,corrections and changes to the Bid Documents deemed necessary by the Owner will be made by addenda by close of business October 17, 2019 and published with the Bid Documents at the CivCast website listed above. A non-mandatory Pre-Bid conference will be held at 3400 Sunrise Road, Round Rock, Texas on Wednesday, October 16,2019 at 11:00 a.m. The successful bidder will be required to furnish payment and performance bonds in amounts equal to one hundred percent(100%)of the contract sum,in accordance with chapter 2253 of the Texas government Code,within ten(10)days of notification of award of the Contract. In case of ambiguity, duplication or obscurity in the bids, the City of Round Rock reserves the right to and/or g rejectany all bids and waive any informalities and irregularities in any and/or all bids received. Contractors and subcontractors shall pay to laborers,workman and mechanics the prevailing wage rates as determined by the City of Round Rock. Publication Dates: Austin American-Statesman 1. September 30,2019 2. October 7,2019 lr 00100 INSTRUCTIONS TO BIDDERS l j INSTRUCTIONS TO BIDDERS 1. Prior to submitting any bid, bidders are required to read all Drawings (Plans), specifications, and all other Project Manual and/or Contract Documents 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 a bid. The aforementioned documents may be obtained free of charge at the following website: www.civcastusa.com; registration with CivCast is required at the website to download the documents. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary. 2. Should the bidder find discrepancies in, or omissions from the Drawings (Plans), specifications, or other Project Manual and/or Contract Documents, or should he be in doubt as to their meaning , he should notify at once the City and obtain clarification or addendum prior to submitting any bid. Any addenda issued will be posted with the documents at the website mentioned in 1 above no later than two business days prior to the Bid Opening Date. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions required in any addenda issued. 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 in the Project Manual. Bids received after the scheduled opening 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. Bidders shall be responsible for submitting a copy of the City's Bid Form and Statement of Bidder's Safety Experience from the Project Manual documents posted at the web address as described in 1 above. 6. Bids shall be accompanied by a bid security consisting of a certified cashier's check 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 herein, within ten (10) days after notice of award of contract to him. Bid securities must be submitted in the same sealed envelope with the bid. Bids submitted without a bid security may not be considered at the sole discretion of the City. Page 1 00100 1-2016 Instructions to Bidders 00090650 7. If awarded the bid,the bidder must complete a Form 1295 electronically on the Texas Ethics Commission (TEC) Website at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm and submit the signed and notarized Form 1295 within ten (10) business days of notification of the award. Instructions for completing a Form 1295 are attached as Exhibit "A" to the Instructions to Bidders. 8. No conditional bids will be accepted. 9. A bidder wishing to withdraw his submitted sealed bid prior to the scheduled bid opening time must do so by presenting in person a written request signed by an authorized representative of the bidder to a City employee at the location for which sealed bids are to be addressed. No telephone, facsimile, or email requests will be accepted. The City will expend the time and effort that the City in its sole discretion determines is necessary to investigate the authenticity of a request before complying with a request. The City shall in its sole discretion determine if the City will comply with a request and the City shall not be held liable for not complying with a request. If the City does not comply with a request, the request shall automatically become null and void. 10. A bidder wishing to revise his sealed bid after submittal but before the scheduled bid opening time must first withdraw his bid as provided for in the Instructions to Bidders and then submit a sealed bid in accordance with the Instructions to Bidders. No revisions to a bid will be allowed after the scheduled bid opening time. The bidder shall be responsible for ensuring the amount of the bid security is as specified in the Instructions to Bidders. 11. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the City elects to hold until the successful bidder has executed the Agreement. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty(60) days. 12. Until the award of the contract, the City reserves the right to reject any and all bids and to —' waive technicalities; to advertise for new bids; or to do the work otherwise when the best interest of the City will be thereby promoted. 13. In case of ambiguity or lack of clarity in the statement of prices in the bids,the City reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable and/or unbalanced prices submitted in a bid may result in rejection of such bid or other bids. 14. Award of the contract, if awarded,will be made based upon the criteria set forth in Section 2269.055 of the Texas Government code. In determining the award of a contract under Chapter 2269,the City may consider; 1)the price; 2)the bidder's experience; 3)the quality of the bidder's goods or services; 4) the impact on the ability of the City to comply with rules relating to historically underutilized business; 5) the bidder's safety record; 6) the bidder's proposed personnel; 7) whether the bidder's financial capability is appropriate to the size and scope of the project; and 8) any other relevant factor specifically listed in the Page 2 00100 1-2016 Instructions to Bidders 00090650 \ r request for bids. Each bidder shall complete and submit with his bid the required Questionnaire, along with any supporting information to accompany the Questionnaire; the Questionnaire consists of the Experience, Quality, and Personnel Data form attached as Exhibit"B" to the Instructions to Bidders. --� 15. 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. A Notice to Proceed will be issued within sixty (60) days after contract Execution Date as defined in the General Conditions. 16. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100%) of the total Contract Amount. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, ,--, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1)hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or r required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority,the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 17. Failure to execute the Agreement within ten (10) days of written notification of award or failure to furnish the performance bond and payment bond as stipulated herein, shall be just cause for the annulment of the award. In case of annulment of the award, the bid security shall become the property of the City, not as a penalty, but as liquidated damages. 18. No contract shall be binding upon the City until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 19. The Contractor shall not commence Work under the Agreement until he has furnished certification of all insurance required and such has been approved by the City, 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. The Contractor's insurer shall use the certificate of insurance form included in the bid documents or the standard ACORD form. 20. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss,rather than by making a cash payment directly to the City,the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in l accordance with Section 2253.021(c). Page 3 00100 1-2016 Instructions to Bidders 00090650 l�J 21. Any quantities given in any portion of the Bid Documents,including the Drawings(Plans), are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for a ment shall be the actual amo unt Y of work done and/or material furnished as specified in the General Conditions. 22. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the Work. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of J Section 151.309(5)of the Texas Tax Code. The City will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. Upon obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The Contractor will transfer title of consumable, but not incorporated, materials to the City at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City. 23. The Contractor, after execution of the contract and pursuant to Internal Revenue Service (IRS) regulations, shall furnish its Taxpayer Identification Number(TIN) to the City. The Contractor shall provide the appropriate information on a W-9 form(which can be provided by the City upon request). This form shall be submitted directly to the City's Accounts Payable Department to ensure security of the information. 24. If the Bid Form includes Add and/or Deduct Alternate bid items and/or otherwise provides for Alternate bids, the City will determine whether to select or not select one or more of the Add and/or Deduct Alternate bid items and/or Alternate bids at the City's sole discretion and for its greatest advantage. If the City selects any Add and/or Deduct Alternate bid items, the total bid amount will be determined by adding the amount of the selected Add Alternate(s)to, and deducting the amount of the selected Deduct Alternate(s) from the Base Bid or the selected Alternate bid. J Page 4 00100 1-2016 Instructions to Bidders 00090650 EXHIBIT "A" FORM 1295 INSTRUCTIONS Pursuant to newly enacted Section 2252.90 of the Texas Government Code, as of January 1, 2016, any business entity entering into a contract with a local government that requires approval of the governing body must submit a disclosure of interested parties to the local governmental prior to the execution of the contract. The Texas Ethics Commission (TEC)has adopted a form for the disclosure of interested parties (Form 1295)and has created a website application for business entities to submit the required information. The City of Round Rock may not enter into a contract that requires the approval of the City Council until the business entity that is a party to the contract files a Form 1295 with the City Clerk. The r- instructions to complete Form 1295 and file it with the City Clerk are as follows: l. Upon being notified of a bid award,the award recipient("business entity")must go to the following website: https://www.ethics.state.tx.us/whatsnew/elf info_form1295.htm and follow the login directions on the website application to complete a Form 1295. If this is a business entity's first time logging on to the website application, the business entity must create a login Username and Password and then follow the application's instructions to complete a Form 1295. J2. The City does not have a Contract ID Number System. Please insert the project name in this box. 3. Even if a business entity has no interested parties, Form 1295 still must be completed using the website application and filed with the City Clerk. 4. Once confirmation is received that the information has been submitted, the business entity MUST print, sign and notarize the printed out completed Form 1295. 5. The signed and notarized Form 1295 must be filed with the Clerk of the City of Round Rock within ten (10) business days of the date of notification of the award. The signed and notarized Form 1295 may be scanned and e-mailed to swhite(roundrocktexas.gov OR mailed or hand-delivered to the address below. 6. Once the City Clerk receives the signed and notarized Form 1295, the City Clerk will submit confirmation of receipt through the TEC website application within thirty(30)days of the filing of Form 1295. 7. This process must be followed for each contract a business entity enters into with the City of Round Rock. 8. A Form 1295 cannot be handwritten. It must be completed electronically through the TEC website application. j9. If you have any questions regarding the filing of Form 1295,please contact: Sara White,City Clerk 221 East Main Street Round Rock,Texas 78664 Phone: (512)218-5404 Fax: (512) 218-7097 E-mail: swhite@roundrocktexas.gov Exhibit "B" Oak Bluff and Greenfield Drainage Improvements Bidder's Experience, Quality and Personnel Data I. Provide the following information to identify your firm as the respondent/bidder: a. Name of organization: MA Smith Contracting Co., Inc b. Address of principal office: 15308 Ginger Street Austin, TX 78728 c. Telephone Number (principal office): 512-990-7640 d. Email Address (principal office): Travisragland@smithcontinc.com e. Mailing address: 15308 Ginger Street Austin TX, 78728 [I] f. Form of organization (e.g., corporation, partnership, etc.): Corporation g. Year founded: 1991 h. Primary contact name(including title,telephone number,email address,and office address if not at principal office): Travis Ragland 512-990-7640 travisragland@smithcontinc.com 2. Provide responses to the following to substantiate and explain your firm's history and contracting record: a. How many years has your organization been in business in construction in its current lcapacity? 28 years J b. How many years has your organization been in business under its present name? 28 years c. Under what other former names has your organization ever operated? DBA: Smith Contracting Co., Inc. d. If your organization is a corporation, answer the following: i) Incorporation date: 1991 State: TEXAS ii) Names and titles of all corporate officers: Ragland(1) Officer Name:Travis g land Title: President/Sec/Treasurer (2) Officer Name:_Hardin Camp, II Title: Vice President (3) Officer Name: Title: (4) Officer Name: Title: Page 1 of 9 r. e. If your organization is a partnership, answer the following: (-, i) Date of organization: Type of partnership: ii) Names of all general partner(s): (1) Name: Title: (2) Name: Title: (3) Name: Title: (4) Name: Title: f. If your organization is individually owned, answer the following: H i) Date of organization: Name of Owner: l f rr g. If the form of your organization is other than those listed above describe it: i) Owners' Names: i j h. Is your organization authorized to do business in Texas? / Yes No. i. Is your organization able to obtain bonding in the amount required for the completion of this project? ,/ Yes FINo. Ij. Does your firm have the ability to provide the required insurance? ,/ Yes No. I k. CLAIMS AND SUITS: If the answer to any of the questions in this Item 2k below is"yes", please attach clearly identified separate information pages at the end of this form describing full details. Ii) Has your organization ever failed to complete any awarded work? Yes ,/ No. ii) Are there any pending or outstanding judgements? Yes ,/ No. iii) Are there any pending or outstanding claims? Yes ,/ No. Iiv) Are there any pending or outstanding arbitration proceedings? Yes ,/ No. v) Are there any pending or outstanding lawsuits? Yes ,/ No. vi) Is your organization free of having any construction contracts taken over by a surety for completion in the past ten (10) years? ,/ Yes No. Page 2 of 9 Fl vii) Within the preceding five years,has your organization filed any lawsuits or requested arbitration with regard to any construction contract? Yes ,/ No. r., viii)Within the preceding five years,has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? Yes ,/ No. ix) Has your firm been assessed liquidated damage due to scheduling for any project in the past ten (10) years? Yes ,/ No. 111 I. SAFETY: i) Does your firm have a written safety program compliant with current State regulations? ,/ Yes No. ii) Describe your firm's job site safety program for this project and specific safety policies in which each employee must comply. Smith Contracting as a whole, abides by all OSHA regulations. Smith Contracting requires all their employees to wear and use all PPE either required or necessary to do any and all jobs in a safe manner. Smith Contracting also conducts weekly safety meetings with each crew led by each crews foreman. Smith Contracting also requires all its subcontractors to follow the same safety requirements. Smith Contracting also has a full time safety coordinator who travels to each project daily to inspect and observe that each job site is following the safety guidelines required in our safety program. m. CURRENT WORK: List all projects currently under construction by your organization: See attached. Page 3 of 9 r-- --� 3. For clarity and to guide the City of Round Rock if further information is required by the City during evaluation of the bids received, complete the following: a. Mark the box beside each item below to indicate the item(s) of work to be performed by personnel under employment by your firm as Contractor if your firm is awarded the Contract. 0 (1) Unclassified Structural Excavation 0 (10) Storm Sewer Pipe (24" and 36") (2) Concrete Box Culvert Construction 0 (11) Concrete Area Inlets 0 (3) Concrete Wingwalls 0 (12) Wastewater Force Main Adjustment 0 (4) Concrete Riprap/Aprons ❑ 13 ( ) Permanent Fencing and Gates 0 (5) Channel Excavation 0 (14) Topsoil and Seedbed Preparation 0 (6) Storm Sewer Pipe (72") 0 (15) Seeding and Fertilizer Application 0 (7) Concrete Junction Box ❑ (16) Metal Beam Guard Rail 0 (8)HMAC Pavement 0 (17)Dry Rock Riprap 0 (9)Precast Concrete Box Culvert 0 (18)Erosion Control Installation/maintenance b. Would subcontractors be retained to perform portions of the Work? Yes ✓ No n If the answer to question 3b is yes, complete the table below to list the names of all Subcontractors and the work that each Subcontractor would perform: Subcontractor firm name Item(s) of work in 3a above to be performed Texas Material (8) HMAC Pavement Woolery Fence (13) Permanent Fencing and Gates Environmental Safety Service (18) Metal Beam Guard Rail 4. Provide responses to the following to describe the capabilities and relevant experience of your firm and its personnel, and/or to describe the quality of the materials and work your firm will provide if awarded the Contract; and to demonstrate your firm's understanding of the scope and criteria related to the Contract. a. Has your firm successfully constructed and completed work similar in complexity and scope to the improvements contemplated under the Oak Bluff and Greenfield Drainage Improvements Project ("the Project")? Yes ✓ No b. If the answer to question 4a is yes, describe on the next page no more than three such similar projects successfully constructed and completed within the last five years by your fine;provide names of projects, dates of work/completion, approximate cost, summary of the scope and complexity of the improvements, and owner's/references names and contact information; if the space provided for response is insufficient, attach clearly identified separate information pages at the end of this form: Page 4 of 9 Shoal Creek Bank Stabilization Mable Davis Channel Structure Reconstruction and Retrofit Willow Springs Creek Channel and 24" Wastewater Project All three projects consisted of installing a new drainage channel with concrete structures, dry stack walls, dewatering, erosion control, topsoil and seebed preparation, and seeding. c. Who will be your firm's field superintendent in charge of overseeing construction on a day-to- day basis if your firm is awarded the Contract? Provide name, title, and, number of years with your firm, references, and experience record. List no more than three projects in the last five years that are similar in complexity and scope to the Project that this person has supervised/directed; if the space provided below for response is insufficient, attach clearly identified separate information pages at the end of this form: See attached resumes J Page 5 of 9 d. Provide information regarding key personnel of your firm and subcontractors, as applicable,that will undertake the work if your firm is awarded the Contract;provide name, title, number of years with your firm/subcontractor firm, references, and relevant experience record: See the attatched resumes for intended Superintendent and Project Manager n j j Page 6 of 9 e. Describe your firm's approach to the Project and how your firm will prosecute the entire Project Work if your firm is awarded the Contract; include equipment, number of personnel, order of progression, anticipated time of completion for the various parts of the Work and for the entire Work, etc.: Smith Contracting will provide the necessary personal and equipment to meet all r` construction timeliness set for in the project manual. All wire fence, wood fence, wood fence gate, dry riprap, non native seeing, dry stack rock wall, concrete mow strip, and metal beam guard railing will be substantially complete within 120 r calendar days from the notice to proceed. All channel excavation, wingwalls, box culverts, storm drainage pipe, HMAC paving, and concrete rip rap will be substantially complete 210 calendar days from the notice to proceed. r I I I I I I I Page 7 of 9 1 f. Has your firm successfully performed the following items? Salvaging Topsoil Yes n No n L Preparation of Topsoil (Seedbed) Yes n No n Erosion Control Yes I No n g. Describe how your firm will perform erosion, sedimentation, pollutant, and debris control to protect surface and underground waters during construction, and to prevent pollutants from leaving the construction areas; and permanent vegetation stabilization of all disturbed areas in the final phase of the construction, if your firm is awarded the Contract. Provide your firm's action plan including: scheduling, measures, steps, equipment, subcontractors and personnel, and how your firm will achieve compliance with the Texas Pollutant Discharge Elimination Systems (TPDES) Construction General Permit; if the space provided below for response is insufficient, attach clearly identified separate information pages at the end of this form: Smith Contracting will utilize outside inspection to complete and supervise a SWPPP plan that will meet all requirements per the TPDES permit. We will install all maintain all erosion control measures described per the plan sheets. A concrete washout will be installed for all concrete related work. Pumps and cofferdams will be utilized to keep the specific daily work area as dry as possible. _J Page 8 of 9 J H h. Because of the nature and location of the Project,there is potential for hinderance and damage during prosecution of the Work due to flooding or other actions of the elements. In the General Conditions of the Contract, Sec. 6.16, it is stated that "...all loss or damage to the CONTRACTOR arising out o f the nature of the Work to be done or.from action of the elements, floods or from unforeseeable circumstances in prosecution of the Work or from unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense." Discuss your firm's approach to dealing with inclement weather and potential damage from the elements during prosecution of the Work. The discussion should include but not be limited to: a description of the measures that your firm will implement and/or undertake to prevent and protect the Work from damage by the elements at all stages of the construction process; a [ri discussion of your firm's experience with this issue during previous projects constructed, including lessons learned and practices your firm implemented as a result; and a discussion of your firm's If the space provided below for response is insufficient, attach clearly identified separate information pages at the end of this form: ..J �-- Smith Contracting has worked on many projects (Channels, Ponds, Creek Beds) where weather can effect the project significantly. We will implement measure to divert or block the water from entering the job site. We will always have the necessary pumps to make sure the water is sent to the proper drainage area and that so we can quicky dry out the necessary work areas to continue work. All equipment will also be parked outside of the potential drainage areas at the the end of each work day. Page 9 of 9 UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS OF 111 M.A.SMITH CONTRACTING COMPANY,INC. IN LIEU OF SPECIAL MEETING The TEXAS BUSINESS ORGANIZATIONS CODE provides that unless otherwise restricted by the Articles of Incorporation or Bylaws,any action required or permitted to be taken at any meeting of the board of directors of a Texas corporation may be taken without a meeting of the board of directors if a consent,In writing,setting forth the action so taken is signed by all the directors. Accordingly,pursuant to such statutory authority,the undersigned,being all of the directors of PVl.A.SMITH CONTRACTING COMPANY,INC.,a Texas corporation (the"Corporation"),hereby consents to the adoption of the following resolutions as of July 1,2015: 1. ELECTION OF OFFICERS. RESOLVED,that the following person(s)be elected to the respective offices set forth beside their names below,to serve until the next annual meeting of the board of directors and until his successors are elected and qualified or his earlier death,resignation or removal: { Name Office TRAVIS RAGLAND President,Treasurer,and Secretary 2. MISCELLANEOUS. RESOLVED,that all acts of the officers of the Corporation during the previous fiscal year are hereby ratified and approved;and be it further RESOLVED,that in addition to and without limiting the foregoing,the appropriate officers of the Corporation be,and each of them hereby is, authorized to take,or cause to be taken, such further action and to execute and deliver,or cause to be executed and delivered,for and in the name and on behalf of the Corporation, all collateral documents, literature, application forms, letters, instruments, notices, press releases, and all such further Instruments and documents as such officer,with the advice of counsel, may deem to be necessary or advisable in order to effect the purpose and Intent of the foregoing resolutions and to be In the best interests of the Corporation(as conclusively evidenced by the taking of such action or the execution and delivery of such instruments,as the case may be,by or under the direction of any authorized officer),and all action heretofore taken by the officers of the Corporation In connection with the subject of the foregoing resolutions be,and it hereby is,approved,ratified and confirmed in all respects as the act and deed of the Corporation. DATED to be effective July 1,2015. DIRECTORS: MACK SMITH TRA iRAGLAND UNANIMOUS WRI t ItN CONSENT OF THE DIRECTORS M.A SMITH CCNTRACTING COMPANY,INC. Secretary of State 2/3/2015 10:02:03 AM PAGE 2/002 Fax Server ^' 4 Corporations Section • 'Of Coby Shorter,III '°/1, <\ � Deputy Secretary of State Austin,Texas 787}}3697 to.fin � `+ • Office of the Secretary of State CERTIFICATE OF FILING OF `- M. A. SMITH CONTRACTING COMPANY,Inc. File Number: 133926800 Assumed Name: Smith Contracting Co.,Inc. The undersigned,as Secretary of State of Texas,hereby certifies that the assumed name certificate for the above named entity has been received in this office and filed as provided by law on the date shown below. ACCORDINGLY the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law hereby issues this Certificate of Filing. Dated:02/02/2015 Effective:02/02/2015 `� ;�, .�P/,,t.,�► Coby Shorter,III Deputy Secretary of State Curve visit us on the Internet ut httr://ww .wx,stcik'. c,us! Phone:(512)463-SSSS Fax:(512)463-5709 Dial:7-1-1 for Relay Services Prepared by:Lynda Soots TID: 10342 Document:589360860002 Form 503 This space reserved for office use. (Revised 09/13) • Return in duplicate to: Secretary of State P.O.Box 13697 Austin,TX 78711-3697 Assumed Name Certificate 512 463-5555 FAX: 512 463-5709 Filing Fee:$25 Assumed Name 1, The assumed name under which the business or professional service is,or is to be,conducted or �-� rendered is: Smith Contracting Co.,Inc, Entity Information 2, The legal name of the entity filing the assumed name is: M.A, Smith Contracting Company, Inc. State the name of the entity as currently shown in the records of the secretary of state or on its organizational documents, if not filed with the secretary of state. 3. The entity filing the assumed name is a:(Select the appropriate entity type below,) t4 For-profit Corporation ❑Limited Liability Company ❑Nonprofit Corporation ❑Limited Partnership `— ❑Professional Corporation ❑Limited Liability Partnership ❑Professional Association 0 Cooperative Association ❑Other Specify type of entity. For example,foreign real estate investment trust,state bank, insurance company,etc. 4. The file number, if any, issued to the entity by the secretary of state is: 133926800 5. The state,country, or other jurisdiction of formation of the entity is: Texas 6. The entity's principal office address is: 15308 Ginger St. Street or Mailing Address -� Austin TX Travis 78728 JCity State Country Postal or Zip Code Period of Duration E 7a.The period during which the assumed name will be used is 10 years from the date of filing with the secretary of state. r OR ❑ 7b.The period during which the assumed name will be used is years from the date of filing J with the secretaryof state(not to exceed 10 years).y � OR El 7c. The assumed name will be used until ntnt'dd�y}ry' (not to exceed 10 years). Form 503 4 J l County or Counties in which Assumed Name Used 8. The county or counties where business or professional services are being or are to be conducted or rendered under the assumed name are: Eg All counties ❑ All counties with the exception of the following counties: ❑ Only the following counties: Execution The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and also certifies that the person is authorized to sign on behalf of the identified entity. If the undersigned is acting in the capacity of an attorney in fact for the entity, the undersigned certifies that the entity has duly authorized the undersigned in writing to execute this document. Date: February 2,2015 f"6,65/oty 0 Signature ofa person authorized by law to sign on behalforihe identified entity(see instructions) 1 Fonn 503 $ C. Hardin Camp II Phone: (512) 789-5441 Email: hardincamp@austin.rr.com Summary Excavation company project manager with 17 years experience in all aspects of field operations and executive management is seeking a permanent, direct,full-time management or leadership position with a large, stable construction company. Professional [2004-Present] Smith Contracting Co., Inc. Experience Austin,TX Vice President and Project Manager • Responsible for various day to day corporate operations including: equipment and manpower utilization, project bidding, business meetings and the generation of budgets and goals for each project. • Management skills include assisting in bidding & negotiating government and private contracts for new construction as a general contractor or sub-contractor. [1996-2004] Camp Excavation &Contracting Inc. Pflugerville, TX Vice President and Manager er g • Co-founded business on credit with a backhoe, dump truck and no employees. Grew business to over$5 million in annual revenue, a million dollars in equipment and 35 plus employees. • Management skills include bidding &negotiating government and private contracts for new construction as a general contractor or sub-contractor. • Responsible for all day to day corporate operations including: equipment and manpower utilization, project bidding, business meetings and the generation of budgets and goals for each project. • Management of company office staff including receptionist, book keeper, and estimator. • Began and operated a subsidiary heavy truck business responsible for the transportation of heavy equipment to job C. Hardin Camp II -Page 2- sites for both internal company construction work and for external contractors and equipment companies. • Completed as general contractor, projects for the federal government, TXDOT, and various counties and cities. r Professional • Specific personal accomplishments to company progress Skills include: continuous business growth, institution of Safety Manuals and Procedures and official company handbook. • Coordination of subcontractors from bid invitation to contract, and through completion of construction. g • Completed management training course "Successful Project Management" at the Construction Estimating Institute. • Mechanic supervision regarding fueling, maintenance, and minor repairs on all company trucks and equipment. • Proficient in the use of Microsoft Word, Project, and Excel. • Completed training and obtained certifications in Primavera scheduling software. • Completed training and obtained certifications in Quest take-off software as an advanced user. • Company surveyor responsible for lay out and complete elevation control with laser and sight levels, including operation and set up of laser controlled equipment. • Equipment operator and instructor of new employees on company equipment including: bulldozers, wheel loaders, track loaders, trucks, motor graders, compactors, skid loaders, excavators and scrapers. • Professional haul truck and dump truck driver with a class A commercial license with endorsements. l J Education [ 1994-1996 ] Temple College Temple, TX Dean's Honor List 1994,Dean's List 1995 JInterests and Camping, motorcycle riding, and officiating high school basketball. Activities J r-- Thomas Russworm 203 S. Silver Burnet, TX 78611 (512)473-9070 trussworm@att.net r-, Education Burnet HS, Burnet, TX Work Experience Smith Contracting - January 08 - Present • Field Operations Manager, Oversee the daily activities of all projects and crews to include Scheduling, Materials Manager, Equipment allocation, Problem solving & resolution, daily records of all field personnel, Quality Control, & Installation Gonzales & Lindsey October 2007 - January 08 • Utility Superintendent, Oversee the daily activities of utility projects and crews to include Grading, Scheduling, & Installation HL Chapman November 2006 - October 2007 • Foreman, Trench Operator & Oversee the daily activities of projects, & C.C.I. June 2001 - October 2006 • Superintendent, Oversee & Schedule multiple crews & jobs from start to finish, Oversee the daily activities of all projects and crews to include Scheduling, Materials Manager, Equipment allocation, Problem solving & resolution, daily records of all field personnel, Quality Control, & Installation Achievements • Excavation/Trenching Competent Person (May 2010) • Work Zone Competent Person (September 2008) • Traffic Control (February 2010) Activities • Hunting, Fishing & Rodeo Skills • Heavy equipment operator • Manager of 49 field personnel J a) C a) O Ca U C C 2 a) CB 175 viE _oQ C c a) 7 "C E ) OU 2 C a) N a) o_ O > (1 E ca a) N 2 a N Ql -0 U) Q V)O. N I- (7 � ct � _I O —) N• Z 7 O a } O >, _r U Z Z >- } a) (a N r co 1 0 o o 0 0 'L N N N cy Cl)al co t j —iii p co .c...6 X U) H co w (9 X Y X X a) O I- H H a. ( C � C C U -o c U) o O a) = C o c -J Q U Q Q 0 O O o 0 U U) N v) o) o _o 0 0 0 y ._ 0 0 U 0 -, .0 U C C C C O c6 . 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C`') O O co N N a) C3) N-CO Ili a) ) N C) O) N- LU CO C) Cr) N CD ,- M O •- N .- o Ill 43 la O O ca Cll W' C N C (a CT O a) = co J a) '� U ca _cN 7 CC U Ca c- O N - ii ca) c _ a) U c a) 0 = -0 Ca Z fYo_ 0_ ccad Y1Y 2 Danny Halden From: Chris Lopez <chrislopez@sccitx.com> Sent: Wednesday, November 13, 2019 11:47 AM To: Danny Halden Subject: Oak Bluff Drainage Improvements: Introductions Morning Sir, I just wanted to re-introduce myself as the Project Manager, main point of contact,for the upcoming Oak Bluff Drainage Improvements Project. I'm not sure if you will be my counterpart for the City on this project, but I'm positive you can point me in the right direction. It is my understanding that the project 7 will be awarded on 12/05/2019, so please feel free to forward any future required documents my way, J and I'll facilitate them on our end. Hunter, our estimator, has informed me that you have some upfront requests for us. Please feel free to give me a call at your leisure, and I'll make sure we take care of them. I look forward to working with you all on this project.Thanks in advance for the opportunity. Chris Lopez I Smith Contracting, Inc. Project Manager M.512.350.1806 F. 512.990.7640 E. chrislopez@sccitx.com j J 1 Danny Halden From: Chris Lopez <chrislopez@sccitx.com> Sent: Wednesday, November 20, 2019 9:01 AM To: Danny Halden Subject: Oak Bluff&Greenfield Drainage Improvements(DI): Exhibit B Questions & Responses Attachments: Bid Form-corrected items.pdf Danny, Below are the responses from the questionnaire you had requested, and I've attached a copy of the revised items in question. Let me know if you need anything else modified. I'll have originals ready to return to you today after our meeting with Bill. r1 Q4-c. "Who will be your firm's field superintendent in charge of overseeing construction on a day- today basis if your firm is awarded the Contract? Provide name,title, and, number of years with your firm, references,and experience record. List no more than three projects in the last five years that are similar in complexity and scope to the Project that this person has supervised/directed; if the space - provided below for response is insufficient,attach clearly identified separate information pages at the end of this form:" R4-c. Thomas Russworm, resume attached, is the Field Operations Manager who handles the oversight of all of our utility work; however,Thomas usually has more than one project to oversee, so we would also like to share the contact information of the superintendent for the project as well. Rodolfo Calderon, has been with Smith Contracting for over 5 years and has over 10 years of experience working in construction. Contact information for both Thomas, and Rodolfo, is referenced below. Thomas Russworm—Field Operations Manager E:Thomasrussworm@sccitx.com C: (512)473-9070 Rodolfo Calderon -Superintendent C: (512) 786-6660 Q4-e. "Describe your firm's approach to the Project and how your firm will prosecute the entire Project Work if your firm is awarded the Contract; include equipment, number of personnel, order of progression,anticipated time of completion for the various parts of the Work and for the entire Work, etc.:" R4-e. Smith Contracting will provide the necessary personal and equipment to meet all construction timelines set forth in the project manual.All base bid items, except for those explicitly outlined in Attachment A to the Agreement for Oak Bluff and Greenfield Drainage Improvements, will be substantially complete within 120 calendar days from the notice to proceed. J All project line items, including those called out in Attachment A, will be substantially complete within 210 calendar days from the notice to proceed. (i 1 J PLEASE NOTE THAT WE HAVE UPDATED OUR EMAIL ADDRESS. NEW EMAIL IS PROVIDED IN THE SIGNATURE BLOCK BELOW. Chris Lopez I Smith Contracting, Inc. Project Manager M. 512.350.1806 F. 512.990.7640 E. chrislopez@sccitx.com fl J 1 -J J 2 00200 BID BOND BID BOND TIIE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § "� That Smith Contracting Co.,Inc. of the City of Austin County of Travis State of Texas as Principal, and Liberty Mutual Insurance Company authorized under the laws of the State of Texas to act as — surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS ("Owner"), in the penal sum of 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 whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, as follows: In no case shall the liability of the Surety hereunder exceed the sum of(Five-Percent of Greatest Amount Bid Dollars ($ 5%GAB ). THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has r' submitted the above-referenced Bid to the Owner, for construction of the Work under the y "Specifications for Construction of Oak Bluff and Greenfield Drainage Improvements for which Bids are to be opened at the office of Owner on the 22nd day of October , 20 19 . NOW, THEREFORE, if the Principal is awarded the Contract, and within the time and manner required under the "Instructions to Bidders," after the prescribed forms are presented to — her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents, 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 that suit is brought upon this Bond by the Owner and judgment is recovered,said Surety shall pay all costs incurred by the Owner in such suit,including a reasonable attorneys fee to be fixed by the Court. IN WITNESS WHEREOF,the said Principal and Surety have signed this instrument on this `" the 22nd day of the month of October 20 19 . Smith Contracting Co.,Inc. Liberty Mutual Insurance Company Principal Surety t(CW t S ea) ICvh d. Kenneth Nitsche Printed Name Printed Name J By: By. Tit : v j * Ti Attorney-In-Fact _ Address: 15308 Ginger St. . .ddress: 2200 Renaissance Blvd.,Ste.400 Austin,TX 78728 King of Prussia,PA 19406 00200 9-2015 Page 1 Bid Bond 00090652 7 L_. Resident Agent urety: Signa •e Kenneth Nitsche Printed Name 143 E.Austin Street Address Giddings,TX 78942 City, State,Zip • r-. Page 2 00200 9-2015 Bid Bond 00090652 1"„ This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. A``'� Liberty ty Liberty Mutual Insurance Company P1Vlutual. The Ohio Casualty Insurance Company Certificate No: 8197872 West American Insurance Company SURETY ' - POWER OF ATTORNEY ,u., KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, David Ferguson,Violet Frosch,Kenneth Nitsche,Gary A.Nitsche,Robert James Nitsche,Robert K.Nitsche,Craig Parker,Nina Smith r all of the city of Giddings state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of November , 2018 . Liberty Mutual Insurance Company P,1NSURq P01 INSU A %NSU,Q The Ohio Casualty Insurance Company ..) G°aP°�T II, cp G°aPOft, iffy eP °aPo�4+ West American Insurance Company ;;' 7 I /SD Z ..lbO �SNP da jr • > * 1,� w,tq * 1,N. By: �- c Elc David M.Carey,Assistant Secretary State of PENNSYLVANIA s County of MONTGOMERY ss cu o o On this 1st day of November , 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 oCU Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes=CO al > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 76 0 W > E -- m s IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. m Q Ea O 1.... ./-y:e.r,f ,:- COMMONWEALTH OF PENNSYLVANIA .:M O )i....f.,,' Notarial Seal �® Q-0 +-+ O d Teresa Pastella,NotaryPublic //'/.�//GI%�� �/ O O I,,. Upper Merlon Twp. Montgomery County By: i cII +� y• a� c (2 4 \r tie/ My Commission Expires March 28,2021 E ai., \,,ti?t' ^=�`:�:"4' ' eresa Pastella,Notary Public o E 4 ,),-,�-,/ Member,Pennsylvania Association of Notaries a cr a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual rn o.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o a) ARTICLE IV-OFFICERS:Section 12.Power of Attorney. >,°) o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or them ja al c>+ President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall 2 N }• have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such °O zinstruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the M provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o i ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0,-- Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,1- shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the - Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this 22nd day of October , 2019 . Pv INS(/,p_ P01 INS& a 1NSUR j2,°aPD�r`o9'LA-, �JeG°RPO��'Qqy .GP o°RP°�r��'C+ > ; 1912y o o Z1919� `1991 � "`� ir`-- Yd�s34CHU5aa SOHAMP`'a`���O �NDIANP ak By: 8i7 * le4 .y1 * 0 s•M * ��d Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 00300 BID FORM J BID FORM PROJECT NAME: Oak Bluff and Greenfield Drainage Improvements PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: October 22, 2019 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 Bid Documents, and as shown on the plans for the construction of Oak Bluff and Greenfield Drainage Improvement and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the CivCast website at www.civcastusa.com by the close of business on October 17, 2019 . Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum#1-10-17-19 BASE BID Bid Approx. Item Description J Item Quantity Unit and Written Unit Price Unit Price Amount 1 900 C.Y. Unclassified Structural Excavation and 11.1 Backfill (CR 123 box culverts), per Spec. Item 401, complete in place, per Cubic Yard for Forty Five dollars and Zero cents. $ 45.00 $ 40,500.00 2 91 C.Y. Concrete(3,600 psi) Box Culverts,twin 6'x 6'(at CR 123), including curb, all reinforcement(GR 60), and bedding, per Spec. Item 559, complete in place,per Cubic Yard for Nine Hundred dollars and Zero cents. $ 900.00 $ 81,900.00 00300-9-2015 Page 1 of/ P- Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount ll 3 14.5 C.Y. Concrete(3,600 psi) Wingwall, Type PW- 1 (Mod)(for twin 6'x 6'box culvert), including excavation, all reinforcement (GR 60), doweling, and backfill,per Spec. Item 414, complete in place, per Cubic Yard for One Thousand Six Hundred dollars and Zero cents. $ 1,600.00 $ 23,200.00 4 33.8 C.Y. Concrete(3,600 psi)Wingwall, Type PW- 1 (for twin 6'x 6'box culvert), including excavation, all reinforcement(GR 60), and backfill,per Spec. Item 414, complete in place, per Cubic Yard for One Thousand Two Hundred Fifty dollars and Zero cents. $ 1,250.00 $ 42,250.00 5 10,025 C.Y. Channel Excavation,per Spec. Item 120, complete in place,per Cubic Yard for Twenty Five dollars and Zero cents. $ 25.00 $ 250,625.00 6 548 L.F. Pipe, Class IV RCP, 72"Dia. (all depths) (Supplemental Pipe A), including excavation, bedding, backfill, and pre- -- fabricated 30-degree bend,per Spec. Item 510, complete in place,per Linear Foot J for Six Hu ndred Sixty Seven dollars and Zero cents. $ 667.00 $ 365,516.00 7 437 L.F. Pipe, Class III RCP, 72" Dia. (all depths) (Supplemental Pipe A), including excavation, bedding,backfill, and two pre-fabricated 30-degree bends,per Spec. Item 510, complete in place,per Linear Foot for Four Hundred Sixty Nine dollars and Zero cents. $ 469.00 $ 204,953.00 00300-9-2015 Page 2 off /4- Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 8 2 EA. Junction Box, 10'x 20', including excavation,bedding,riser, ladder, ring, C cover, and backfill,per Spec.Item 506, complete in place, per Each for Fifty Eight Thousand Five Hundred dollars and Zero cents. $ 58,500.00 $ 117,000.00 9 122 L.F. Pipe, 12 Ga.Aluminized Steel, 72"Dia. (all depths), including excavation, bedding, backfill, and sloped ends, per Spec. Item 510,complete in place,per Linear Foot for Two Hundred Eighty Six dollars and Zero cents. $ 286.00 $ 34,892.00 10 60 C.Y. Flexible Base(CR 123 subgrade and base course),30"thickness,per Spec. Item 210, complete in place,per Cubic Yard for One Hundred dollars and Zero cents. $ 100.00 $ 6,000.00 11 70 S.Y. Hot Mix Asphaltic Concrete Pavement (CR 123), Type D, 2.5"thickness, per Spec. Item 340,complete in place, per Square Yard for One Hundred Twenty Five dollars and Zero cents. $ 125.00 $ 8,750.00 12 2,300 L.F. Safety Fencing,per Spec.Item 703, complete in place,per Linear Foot for--T-w e rrt.y-Pi ' 1W0 dollars ands- -t; r /� r.0110 cents. $ 2.50 $ 5,750.00 00300-9-2015 Page 3 of g //4" Bid Form BASE BII) Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 13 180 L.F. Protective Fencing Type A Chain Link Fence(tree protection),per Spec. Item 610, complete in place,per Linear Foot P-, for Five dollars and Zero cents. $ 5.00 $ 900.00 14 1,400 L.F. Wire Fence,per Spec.Item 701, complete in pe r lace, Linear Foot for Eleven dollars [1 and Fif ty cents. $ 11.50 $ 16,100.00 15 260 L.F. Wood Fence, 6'height, including removal of existing fence,per Spec. Item 701, complete in place,per Linear Foot for Thirty Five dollars and Zero cents. $ 35.00 $ 9,100.00 16 2 EA. Wood Fence Vehicular Gate, 12'width (double 6'gate),per Spec. Item 701, complete in place, per Each for One Thousand One Hundred dollars and Zero cents. $ 1,100.00 $ 2,200.00 17 860 S.Y. Dry Riprap, 18" layer thickness, including filter fabric underlayment, per Spec.Item 591, complete in place, per Square Yard for Forty Two dollars and Zero cents. $ 42.00 $ 36,120.00 18 1,500 L.F. Trench and Excavation Safety Systems, including preparation and submission of engineered safety systems plans,per Spec. Item 509, complete in place,per Linear Foot for One dollars and Zero cents. $ 1.00 $ 1,500.00 00300-9-2015 Page 4 of/ i4- Bid Form �.� BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 19 32,835 S.Y. Non-native Seeding for Erosion Control, Method B (Hydraulic planting)with Fiber Mulch, including topsoil and watering,per Spec. Item 604, complete in r-, place, per Square Yard for One dollars and Seventy Five cents. $ 1.75 $ 57,461.25 l . 20 500 S.F. Dry Stack Rock Wall,per Spec. Item 623, complete in place,per Square Foot for Forty dollars and Zero cents. $ 40.00 $ 20,000.00 21 70 C.Y. Controlled Low Strength Material(under Dtwin 6'x 6'box culverts and in junction boxes), including grading/manipulation, per Spec. Item 402, complete in place, per Cubic Yard for One Hundred Sixty Five dollars and Zero cents. $ 165.00 $ 11 550.00 22 665 S.Y. Concrete(3,000 psi)Riprap, 5 Inch, including toe wall excavation,#3 bars at 18" O.C.E.W and other reinforcement shown in the plans(all Gr. 60), and doweling,per Spec.Item 591, complete in place,per Square Yard for Sixty Seven dollars and Zero cents. $ 67.00 $ 44,555.00 23 2 EA. Stabilized Construction Entrance, including continual maintenance,per Spec. Item 641, complete in place,per Each for One Thousand Nine Hundred dollars and Zero cents. $ 1,900.00 $ 3,800.00 00300-9-2015 Page 5 of/ /4r Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 24 100 L.F. Rock Berm,per Spec. Item 639, including continual maintenance, complete in place,per Linear Foot for Twenty Five dollars and Zero cents. $ 25.00 $ 2,500.00 25 120 L.F. Silt Fence for Erosion Control, including continual maintenance, per Spec.Item 642, complete in place, per Linear Foot for Three dollars and Zero cents. $ 3.00 $ 360.00 26 ,350 L.F. Erosion Control Logs, 18" Dia., including continual maintenance,per City of Round Rock Std. Detail EC-17, complete in place,per Linear Foot for Ten dollars and Zero cents. $ 10.00 $ 13,500.00 27 14 C.Y. Concrete (3,000 psi)Mow Strip for Metal Beam Guard Railing,with 6"x 6" x No. 6 WWF reinforcement, including grouting of leave-outs,per TxDot Std. Detail GF(31)MS-17, complete in place, per Cubic Yard J for Five Hundred Ten dollars and Zero cents. $ 510.00 $ 7,140.00 28 171 L.F. Metal Beam Guard Railing,per Spec. Item 704, complete in place,per Linear Foot for Thirty Two dollars and Zero cents. $ 32.00 $ 5,472.00 I 00300-9-2015 Page 6 of/ /4 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 29 1 EA. Metal Beam Guard Railing End Treatment(End Terminal), per TxDot Std. Detail SGT(10S)31-16, complete in place, per Each Jfor Three Thousand Seven Hundred dollars and Zero cents. $ 3,700.00 $ 3,700.00 30 1 EA. Metal Beam Guard Railing Short Radius, including Driveway Terminal Anchor Section, per TxDot Std. Detail MBGF(SR)-11, complete in place, per Each for One Thousand Nine Hundred dollars and Zero cents. $ 1,900.00 $ 1,900.00 31 1 LS Barricades, Signs, and Traffic Handling, including preparation and submission of engineered traffic control plans, per Spec. Item 803, complete in place, per Lump Sum for Ten Thousand dollars and Zero cents. $ 10,000.00 $ 10,000.00 32 1 LS Mobilization, not to exceed 5% of Total Base Bid or Total Alternate Bid No. 1, whichever is greater, per spec. Item 700, complete in place, per Lump Sum. for Seventy Thousand dollars and Zero cents. $ 70,000.00 $ 70,000.00 TOTAL BASE BID (Items 1 thru 32): $ 1,499,194.25 STATEMENT OF SEPARATE CHARGES: Materials: Sciet1st6.ss J All Other Charges: Sc,01`Ca—n .-7 6 * Total: $ t _ 5I1 , 9A L1 S 00300-9-2015 Page 7 of,/4- Bid Form OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS ALTERNATE BID NO.1 If awarded by the Owner,Alternate Bid No. 1 provides for substitution of Aluminized Steel 72"Dia. Pipe in lieu of Reinforced Concrete Pipe(RCP) for Supplemental Pipe A. Therefore,Alternate Bid No. 1 will consist of Item A-1 below and all Base Bid Item s except for Class IV RCP 72"Dia. Pipe and Class III RCP 72"Dia. Pipe shown in Base Bid Items 6 and 7,respectively. Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount A-1 985 L.F. Pipe, 12 Ga. Aluminized Steel, 72" Dia. (all depths)(Supplemental Pipe A), including excavation, bedding, and backfill,per Spec. Item 510, complete in place,per Linear Foot for Two Hundred Eighty Five dollars and Zero cents. $ 285.00 $ 280,725.00 TOTAL ALTERNATE BID NO. 1 (Item A-1, plus Base Bid Items 1 thru 5, and 8 thru 32): $ 928,725.25 STATEMENT OF SEPARATE = A `+615'1°n' rA r �' Oci S 6 • CHARGES: i a c t-c1t.4. I TAr�v S 8'Mine $I-) Materials: 1 L S� (si? p . L S All Other Charges: l4 g 3 1 2-O.r O * Total: $ I a() °i /LI S a.aS * Note: This total must be the same amount as shown above for "Total Alternate Bid No. 1" j J J e /4 00300-9-2015 Page/of% Bid Form OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS ADD ALTERNATE NO. 1 BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount AA-1 556 L.F. Concrete Box Culvert, 7'x 4' (precast) (� including excavation, bedding, and � ) backfill; and including all concrete (3,600 psi), reinforcement(GR 60), PSL-FG(4'x4') and riser, and all work required for bends, wingwall connections, manhole, and all closures, per Spec. Item 559, complete in place, per Linear Foot �1 for Six Hundred dollars and Zero cents. $ 600.00 $ 333,600.00 AA-2 12 C.Y. Concrete (3 600( , psi) Wingwall, Type FW-0 (two for 7'x 4'box culvert), including excavation, all reinforcement(GR 60), and backfill, per Spec. Item 414, complete in place, • per Cubic Yard for One Thousand Five Hundred dollars and Zero cents. $ 1,500.00 $ 18,000.00 AA-3 24 L.F. Pipe, Class III RCP, 24" Dia. (all depths), including excavation, bedding, backfill, and connections to 7'x 4'box culvert, per Spec. Item 510, complete in place, per Linear Foot for Eighty dollars and Zero cents. $ 80.00 $ 1,920.00 AA-4 506 L.F. Pipe, Class III RCP, 36" Dia. (all depths), including excavation, bedding, backfill, and swale/berm J grading, per Spec. Item 510, complete in place, per Linear Foot for One Hundred Twenty Seven dollars and Zero cents. $ 127.00 $ 64,262.00 /4. 00300-9-2015 Page/off Bid Form OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS ADD ALTERNATE NO. 1 BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount AA-5 5 EA. PAZD-FG Area Inlet, 4'x 4', including excavation, bedding, backfill, invert grouting, and frame and grate (4'x 4'), per Spec. Item 508, complete in place, per Each 7 for Four Thousand Five Hundred dollars (� and Zero cents. $ 4,500.00 $ 22,500.00 AA-6 1 L.S. Adjust 6" Wastewater Force Main, including 6" D.I. pipe(approx. 60'), excavation, bedding, backfill, restrained joint fittings, transition couplings,blocking, and 1" combination air/vacuum release valve (including press. tap,tubing, and box), per Spec. Item 510, complete in place, per Lump Sum for Twenty Five Thousand dollars and Zero cents. $ 25,000.00 $ 25,000.00 AA-7 1,150 L.F. Trench and Excavation Safety Systems, including preparation and submission of engineered safety systems plans, per Spec. Item 509, complete in place, per Linear Foot for One dollars and Zero cents. $ 1.00 $ 1,150.00 ri AA-8 125 S.Y. Concrete (3,000 psi) Riprap, 5 Inch, including toe wall excavation, #3 bars at 18" O.C.E.W and other reinforcement shown in the plans (all Gr. 60), and doweling, per Spec. Item 591, complete in place, per Square Yard for Seventy dollars and Zero cents. $ 70.00 $ 8,750.00 /0 /4 00300-9-2015 Page/off Bid Form r.., { OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS ADD ALTERNATE NO. 1 BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount AA-9 2,400 S.Y. Non-native Seeding for Erosion Control, Method B (Hydraulic planting)with Fiber Mulch, including topsoil and watering, per Spec. Item 604, complete in place, per Square ` Yard for Five dollars and Zero cents. $ 5.00 $ 12,000.00 IAA-10 1 EA. Stabilized Construction Entrance, including continual maintenance, per Spec. Item 641, complete in place, per I Each for Two Thousand dollars Iand Zero cents. $ 2,000.00 $ 2,000.00 AA-11 120 L.F. Erosion Control Logs, 18" Dia., I including continual maintenance, per City of Round Rock Std. Detail EC- 17, complete in place, per Linear Foot for Ten dollars I and Zero cents. $ 10.00 $ 1,200.00 IAA-12 250 L.F. Silt Fence for Erosion Control, including continual maintenance, per Spec. Item 642, complete in place, per ILinear Foot for Two dollars Iand Fifty cents. $ 2.50 $ 625.00 AA-13 415 L.F. Chain Link Fence, 4'height, per Spec. I Item 701, complete in place, per Linear Foot Ifor Twenty Five dollars and Zero cents. $ 25.00 $ 10,375.00 n 14. 00 3 00-9-20 1 5 Page/of/ Bid Form i OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS ADD ALTERNATE NO. 1 BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount AA-14 2 EA. Chain Link Pedestrian Gate, 4'height x 3.5'width, per Spec. Item 701, complete in place, per Each for Five Hundred dollars and Zero cents. $ 500.00 $ 1,000.00 AA-15 1 LS Barricades, Signs, and Traffic Handling, including preparation and submission of engineered traffic control plans, per Spec. Item 803, complete in place, per Lump Sum for Five Thousand dollars and Zero cents. $ 5,000.00 $ 5,000.00 AA-16 300 S.Y, Flexible Base (19_Evergreen Drive driveway), 4" thickness, including excavation of existing driveway outside of drainage work, per Spec. Item 210, complete in place, per Square Yard for Twenty dollars and Zero cents. $ 20.00 $ 6,000.00 AA-17 56 C.Y. Flexible Base (Evergreen Drive), 8" Thickness, per Spec. Item 210, complete in place, per Cubic Yard for One Hundred Fifty dollars and Zero cents. $ 150.00 $ 8,400.00 AA-18 530 S.Y, Hot Mix Asphaltic Concrete Pavement(Evergreen Drive and 19 Evergreen Drive driveway), Type D, 2"thickness, per Spec. Item 340, complete in place, per Square Yard Jfor Twenty Six dollars and Zero cents. $ 26.00 $ 13,780.00 J 2 14- 00300-9-2015 Page/of/ Bid Form r-• OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS ADD ALTERNATE NO. 1 BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount AA-19 1 LS Mobilization, not to exceed 5% of Total Add Alternate No. 1 Bid, complete in place, per Lump Sum for Twenty Five Thousand dollars and Zero cents. $ 25,000.00 $ 25,000.00 TOTAL ADD ALTERNATE NO. 1 BID (Items AA-1 thru AA-19): $ 560,562.00 STATEMENT OF SEPARATE CHARGES: Materials: 3 3 4t 331 , All Other Charges: o a`4 c4,�d * Total: $SCo61560i.00 * Note: This total must be the same amount as shown above for "Total Add Alternate No. 1 Bid" I 13 /4- 00300-9-2015 Page/of/ Bid Form If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. 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 or technicalities. Respectfully Submitted, )5136 / S nature I Y GW 1 JQ L.AC/Yen26 Print Name Address 11 - 990.--)(pcto ITitle Telephone tic_. exyAcke7t old- 6 414c Name of Firm Date S Key, if Bidder is a Corporation /4 /4. 00300-9-2015 Page%of% Bid Form l J L.J LI r� 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE J Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 LJ Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name:in �Yv[COL eatd-ra..v41/11 C .01-C • CAddress: 5306 tm r ll 4hone: n ,9)Z 5Z ��0. 11Q40 - ) Completed by: t(G.3 i. - Date: /d' Z'' ' 11 1. Does the company have a written construction Safety program? EKTes 0 No 2. Does the company conduct construction safety inspections? (*es ❑No 3. Does the company have an active construction safety-training program? []"es ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes 01lo three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, 0' es ❑No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 54.A toqacjitA. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ❑Yes ONo N/A B. Excavation p Yes :No ❑N/A C. Cranes ❑Yes ffNo ❑N/A D. Electrical ❑Yes ONo I /A E. Fall Protection [ Yes ONo ❑N/A F. Confined Spaces 1267es No ❑N/A I hereby certify that the above information is true and correct. Signature Title • Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 1 1 1 1 1 1 1 1 1 00500 AGREEMENT 1 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas — Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the �'r �✓VN Vfrlay of Ohutikj in the year 2074 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor MA Smith Contracting Co.,Inc. ("Contractor") 15308 Ginger Street Austin,Texas 78728 The Project is described as: Oak Bluff and Greenfield Drainage Improvements 7 The Engineer is: Lockwood,Andrews,and Newnam, Inc. For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: -- ARTICLE I THE CONTRACT DOCUMENTS } The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and Jother Conditions),Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. J 00500 4 2016 00307791 Page 1 of 5 Standard Form of Agreement 1Z aro 106 40 6166 r ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within seven ( 7 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than one hundred twenty ( 120 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than two hundred ten ( 210 )calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof) on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of five hundred and No/100 Dollars($500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement.It is agreed that the harm that would be caused by such failure,which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation,the recovery of actual damages.The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than two hundred forty ( 240 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be One million seven hundred seventy thousand twelve and 25/100 dollars ($ 1,770,012.25 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does th e Contract Sum include alternates which are described in the Bid Form? No . Yes X .If yes,please provide details below: Alternate Bid No. 1 Add Alternate No. 1 Bid J 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor, and Certificates for --� Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General - Conditions,and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth(10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT l 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to JContractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 J r-- 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS r-' 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as r-- modified. 7.1.3 The Supplementary, Special,and other Conditions of the Contract are those contained in the Project Manual dated October 2019 7.1.4 The Specifications are those contained in the Project Manual dated October 2019 7.1.5 The Drawings, if any, are those contained in the Project Manual dated October 2019 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated October 2019 } 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda, if any,are those contained in the J Project Manual dated October 2019 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms — 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: Attachment A to this Agreement ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Danny Halden,P.E.,City Engineer City of Round Rock Util.and Environ. Ser.Dept. 3400 Sunrise Road Round Rock,TX 78665 512-218-6610 8.3 Contractor's representative is: Chris Lopez,Project Manager MA Smith Contracting Co.,Inc. 15308 Ginger Street Austin,TX 78728 512-350-1806 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 00500 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions-of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least three(3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract,and the remainder to Owner. OWNER CONTRACTOR MA Smith Contracting Co., Inc. CITY OF UN CK,T AS • Printed Na _ Printed Name: A,_ L!_, & (gyp. Title Title: --pf-e_sicLuct Date Signed: [12O24 Date Signed: 12' It) ATTEST: SINI/L• 14UL City Clerk JFOR CI Y,A PROVE1 AS T FORM: 11' p.) City Attorne 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 J Attachment A To the Agreement For Oak Bluff and Greenfield Drainage Improvements The following items of work are to be substantially completed within one hundred twenty(120) calendar days from issuance by Owner of Notice to Proceed as stipulated in Article 3.4: All bid items under the Base Bid or Alternate Bid No. 1, as awarded by the Owner, except for: A. Wire Fence B. Wood Fence C. Wood Fence Vehicular Gate D. Dry Riprap [I] E. Non-native Seeding for Erosion Control F. Dry Stack Rock Wall G. Concrete Mow Strip for Metal Beam Guard Railing H. Metal Beam Guard Railing I. Metal Beam Guard Railing End Terminal J. Metal Beam Guard Railing Short Radius I 00600 INSURANCE AND CONSTRUCTION BOND FORMS 1 BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement& Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet — 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. r-' 2. PRODUCER and INSURED-Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be y obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.—Company Lookup. Note: Exception to this rule. In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used. Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance 1Website:http://www.tdi.state.tx.us/-Agent Lookup _. 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the _., Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: -Th a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering b g Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE &EXPIRATION DATE — Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of anychanges, cancellation etc.g at least thirty(30) days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www .tdi.state.tx.us Agent Lookup. • I, I I PERFORMANCE BOND BOND NO.: 58S212738 ITHE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON I That Smith Contracting Co.,Inc. of the City of Austin , County of Travis , and State of Texas , as Principal, and Liberty Mutual Insurance Company Iauthorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Dne_Mi1lionSeven Hundred Seventy Thousand Twelve Dollars and Twenty-five Cents I Dollars ($ 1,770,012.25 ) 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: IWHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the 1 -- day of TCt�/�,1(�j�, , 2020 to which the Agreement is hereby referred to and made a hereof as y id part fully to the same extent as if copied at length I herein consisting of: Oak Bluff and Greenfield Drainage Improvements (Name of the Project) I NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully Iobserve and perform all and singular the covenants, conditions and agreements in and by said Agreement, 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 I defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve(12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and I meaning of said Agreement 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 Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 7-2009 000%656 Perlbnnance Bond PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, 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 Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of December ,2019 . Smith Contracting Co.,Inc. T,iherty Mutual Insurance Comm.)/Principal Surety V0,Li t ea: � Kenneth Nitsche Printed Name Printed Name By: By: Tit e: -0S . Title: A ti y-Tn-Fact Address: 15308 Ginger Street Addr ss: 2200 Renaissance Blvd.,Ste.400 Austin,TX 78728 King of Prussia,PA 19406 Resident Agent of urety: Signature Kennet itsche Printed Name 143 E.Austin Street Address Giddings,TX 78942 City, State&Zip Code Page 2 00G10 7-2009 00090656 Performance Bond I PAYMENT BOND BOND NO.: 58S212738 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: ICOUNTY OF WILLIAMSON That Smith Contracting Co.,Inc. , of the City of Austin County of I Travis , and State of Texas as Principal, and Liberty Mutual Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, I 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 One Million Seven Hundred Seventy Thousand Twelve Dollars and Twenty-Five Cents Dollars ($ 1,770,012.25 ) 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: IWHEREAS, the Principal has entered into certain written Agreement with the Owner, dated the 1'1.._ day of A , 20 , to which Agreement is hereby referred to and made a part hereof as fully and o the same extent as if copied at length Iherein consisting of: Oak Bluff and Greenfield Drainage Improvements (Name of the Project) 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, I 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 Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and Ieffect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in I accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 7-2009 00090656 Payment Bond PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, 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 17th day of December , 2019 Smith Contracting Co.,Inc. Liberty Mutual Insurance Company Pr cd al Surety Vaiors_ eaj(fin,,k Kenneth Nitsche Printed Name Printed Name By:— / By: Title: to • Address: 15308 GingerTitle: ttorney-In-Fact Addr Street Address: 2200 Renaissance Blvd.,,Ste.400 Austin,TX 78728 King of Prussia,PA 19406 Resident Agen of Surety: Sign ure K neth Nitsche Printed Name 143 E.Austin Street Address Giddings,TX 78942 Page 2 00620 7-2009 Payment Bond 00090656 Q This Power of Attorney limits the acts of those named herein,and they have no authority to f bind the Company except in the manner and to the extent herein stated. A Ix \l �� Liberty Liberty Mutual Insurance Company H P Y �� Mutual The Ohio Casualty Insurance Company Certificate No: 8197872 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, David Ferguson,Violet Frosch,Kenneth Nitsche,Gary A.Nitsche,Robert James Nitsche,Robert K.Nitsche,Craig Parker,Nina Smith all of the city of Giddings state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of November , 2018 . Liberty Mutual Insurance Company P�INSURq P01 INStj INSURC The Ohio Casualty Insurance Company "�' � Nx �=`000,,,..+�� �c?c°SPO14;:ri* Wci West American Insurance Company 1912 0 o y 1919 o a0sa) d0 CHUria D 41,6,4m,sx'S ` 4/74:".".7 CO a) oti c David M.Carey,Assistant Secretary = a..:L. State of PENNSYLVANIA 2 County of MONTGOMERY ss 2 o cz, N On this 1st day of November , 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o 719 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes= o > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c�i w a) m IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. m Q co 5P PAST O o L Qt'i*MnNwt. F`{ COMMONWEALTH OF PENNSYLVANIA C) p �.0 0� ��y q Notarial Seal Q O OF Teresa Pastella,Notary Public O c N �- Upper Merion Twp.,Montgomery County B y: cu 'I r',hsvt-�a {...i My Commission Expires March 28,2021 eresa Pastella,Notary Public `7 Member,Pennsylvania Association of Notaries i �� �Rv ao w o 0 3 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual-rn o.c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aa) ARTICLE IV-OFFICERS:Section 12.Power of Attorney. +°� J ' § Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the�� 73 > President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such ''''°O i E Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the rNi provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. o m Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,I- I shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. i Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the I Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 17th day of December , 2019 . P„'INSU,Q4 .01 INSO a INSUR ,. G°aPo2lpo'Lc� �Jro°aPoity�'cyy `GP GoaP°Rqr��'c, on a; 3 ot‘ 1912 oZ1919� o a 1991 0 "` $,1'0SA CHU9‘4'''t' 'O qp,,, a4E ��DIANP a4 By: ei7 * 0 sy�*0 s''M*p., Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 Ij , ' OW M v'..- Liberty Mutual TEXAS TEXAS fl IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede llamar- al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 2200 Renaissance Blvd., Ste. 400 _ King of Prussia, PA 19406-2755 King of Prussia, PA 19406-2755 You may contact the Texas Department of Puede comunicarse con el Departamento de 1 Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 — You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection(111-1 A) de Texas Consumer Protection (111-1 A) P. O. Box 149091 P. O. Box 149091 — Austin, TX 78714-9091 Austin, TX 78714-9091 FAX: (512) 490-1007 FAX# (512) 490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento (TDI) Texas Department of Insurance. I ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: I POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP 70 68 09 01 LMS-15292 10/15 Client#: 21025 SMITHCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carla West The Nitsche Group PHONE 979- 40-2208 FAX 5 (A/C,No,Ext): (A/C,No): 143 East Austin E-MAIL rou carlaw thenitsche com Giddings,TX 78942-3299 ADDRESS: g p• 979 542-3666 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:BITCO National Insurance Company 20109 INSURED INSURER B:BITCO General Insurance Corporation 20095 M.A.Smith Contracting Company,Inc. INSURER C:Texas Mutual Insurance Company 22945 15308 Ginger INSURER D: Company Homeland Insurance Com an of New York 34452 Austin,TX 78728-4732 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR ADDL SUBR POLICY EFF POLICY EXP rLTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLP3679325 03/07/2019 03/07/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occu ence) $100,000 X PD Ded:1,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: j $ A AUTOMOBILE LIABILITY CAP3679327 03/07/2019 03/07/2020 SGLELIMIT(Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED _ AU ONLY N-OWNEDY ONLY PROPERTY DAMAGE (Per accident) $ AUTOS X B X UMBRELLA LIAB X OCCUR CUP2815496 03/07/2019 03/07/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 i DED X RETENTION$10000 $ C WORKERS COMPENSATION 0001150807 03/07/2019 03/07/2020 X P OTH- AND EMPLOYERS'LIABILITY Y/NANY STAER TUTE ER OFFICER/MEMBER/EXCLU PROPRIETOR/PARTNER/EXECUTIVE ECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 i (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Pollution Liabil 7930043520003 03/07/2019 03/07/2020 2,000,000 Aggregate 2,000,000 each cond 10,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Oak Bluff and Greenfield Drainage Improvements As per policy provision,Certificate Holder is listed as additional insured in regard to the auto and general liability policies as provided by blanket additional insured endorsement when required by written contract. General liability,auto and workers compensation policies include(s)a 30 Days Notice of Cancellation (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE d. ?".2-:„.A...4.__ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S848150/M808504 066 DESCRIPTIONS (Continued from Page 1) endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment of premium,or direct cancellation by named insured as per policy provision. r Li SAGITTA 25.3(2016/03) 2 of 2 #S848150/M808504 n Il 00700 GENERAL CONDITIONS City of Round Rock Contract Forms General Conditions Section 00700 TABLE OF CONTENTS OF GENERAL CONDITIONS -- Article Page Number& Title Number 1. DEFINITIONS 2 2. PRELIMINARY MATTERS 5 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 7 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL �- CONDITIONS; REFERENCE POINTS 8 5. BONDS AND INSURANCE 10 T6. CONTRACTOR'S RESPONSIBILITIES 15 7. OTHER WORK 23 8. OWNER'S RESPONSIBILITIES 24 9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 24 10. CHANGES IN THE WORK 26 11. CHANGE OF CONTRACT AMOUNT 27 12. CHANGE OF CONTRACT TIMES 29 13. TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 31 14. PAYMENTS TO CONTRACTOR AND COMPLETION 33 15. SUSPENSION OF WORK AND TERMINATION 37 16. DISPUTE RESOLUTION 39 17 RIGHT TO AUDIT 40 18. MISCELLANEOUS 41 00700 11-2017 Page 1 00162837 9 General Conditions GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Addenda - Written or graphic instruments issued prior to the receipt of Proposals or the opening of Bids that clarify, correct or change the proposal or bidding requirements or the Contract Documents. 1.2 Agreement- Prescribed form, referenced as Section 00500. 1.3 Alternative Dispute Resolution-The process by which a disputed Claim may be settled if the OWNER and the CONTRACTOR cannot reach an agreement between themselves, as an alternative to litigation. 1.4 Bid - Proposal of bidder on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.5 Bid Documents-The advertisement or invitation for bids, instructions to bidders, the bid form, the Contract Documents and Addenda. 1.6 Calendar Day-Any day of the week; no days being excepted. Work on Saturdays, Sundays, and/or Legal Holidays shall only be conducted with prior express written consent of the OWNER. 1.7 Change Directive-A written directive to the CONTRACTOR, signed by the OWNER, ordering a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Amount or Contract Time, or both. A Change Directive may be used in the absence of total agreement on the terms of a Change Order. A Change Directive does not change the Contract Amount or Contract Time, but is evidence that the parties expect that the change directed or documented by a Change Directive will be incorporated in a subsequently issued Change Order. 1.8 Change Orders - Written agreements entered into between the CONTRACTOR and the OWNER authorizing an addition, deletion, or revision to the Contract, issued on or after the Execution Date of the Agreement and within the Contract term. 1.9 Claim - A written demand seeking. as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. 1.10 Contract - The Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR for performance of the Work, as evidenced by the Contract Documents. 1.11 Contract Amount-The amount payable by the OWNER to the CONTRACTOR for completion of the Work in accordance with the Contract Documents. 1.12 Contract Documents—Invitation to Bid, Instructions to Bidders, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Project Manual, Drawings,Addenda and Change Orders. 1.13 Contract Time-The number of days allowed for completion of the Work as defined by the Contract. When any period is referred to in days, it will be computed to exclude the first and include the last day of such period. A day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 1.14 CONTRACTOR - The individual, firm, corporation, or other business entity with whom the OWNER has entered into the Contract. 1.15 Drawings - Those portions of the Contract Documents which are graphic representations of the scope, extent and character of the Work to be furnished and performed by the CONTRACTOR and which have been 00700 11-2017 Page 2 General Conditions 1 approved by the OWNER. Drawings may include plans, elevations, sections, details, schedules and diagrams. Shop Drawings are not Drawings as so defined. 1.16 Engineer/Architect(E/A) -The OWNER's design professional identified as such in the Contract. The titles of "Architect/Engineer," "Architect" and "Engineer" used in the Contract Documents shall be read the same as Engineer/Architect (E/A). Nothing contained in the Contract Documents shall create any contractual or agency relationship between E/A and the CONTRACTOR. 1.17 Equal -The terms"equal"or"approved equal" shall have the same meaning. 1.18 Execution Date-Date of last signature of the parties to the Agreement. 1.19 Field Order-A written order issued by Owner's Representative which orders minor changes in the Work and which does not involve a change in the Contract Amount or the Contract Time. 1.20 Final Acceptance— The stage in the Contract process when, in the OWNER's opinion, Final Completion of the Work has been attained and a Certificate of Acceptance approved by the OWNER is issued. 1.21 Final Completion -The stage in the progress of the Work when, in the OWNER's opinion, the entire Work has been completed, the CONTRACTOR's obligations under the Contract Documents have been fulfilled, and the OWNER is processing or has made final payment to the CONTRACTOR, as evidenced by a Certificate of f- Acceptance approved by the OWNER. 1.22 Inspector-The authorized representative of any regulatory agency that has jurisdiction over any portion of the Work. 1.23 Legal Holidays 1.23.1 The following are recognized by the OWNER: C Holiday Date Observed New Year's Day January 1 Martin Luther King, Jr.'s Third Monday Birthday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Friday after Thanksgiving Thanksgiving L 00700 11-2017 Page 3 General Conditions f Christmas Eve December 24 Christmas Day December 25 1.23.2 If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. 1.23.3 If Christmas Eve falls on a Saturday or a Sunday, the preceding Friday is observed as the Christmas Eve holiday. 1.23.4 If Christmas Day falls on a Saturday or a Sunday, the following Monday is observed as the Christmas Day holiday. 1.24 Milestones-A significant event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25 Notice to Proceed -A Written Notice given by the OWNER to the CONTRACTOR fixing the date on which the Contract Times will commence to run and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. 1.26 OWNER—The City of Round Rock, Texas, a municipal corporation, home-rule city and political subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or his/her designee, officers, agents or employees to administer design and construction of the Project. 1.27 Owner's Representative-The designated representative of the OWNER. 1.28 Partial Occupancy or Use - Use by the OWNER of a partially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29 Project - The total construction ns ruction of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. 1.30 Project Manual - That portion of the Contract Documents which may include the following: introductory information; bidding requirements, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings; Project Safety Manual; and Addenda. 1.31 Proposal — Proposal of Offeror, under Local Government Code §271.113 providing for alternative project delivery methods, on prescribed forms setting forth prices for performing the Work described in the Contract Documents. 1.32 Proposal Documents—The advertisement or invitation for Proposals, Instruction to Offerors, the Proposal form, the Contract Documents and Addenda. 1.33 Resident Project Representative - The authorized representative of E/A who may be assigned to the site or any part thereof. 1.34 Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR as required by the Contract Documents. 1.35 Specifications - Those portions of the Contract Documents consisting of written technical descriptions as applied to the Work, which set forth to the CONTRACTOR, in detail, the requirements which must be met by all materials, equipment, construction systems, standards; workmanship, equipment and services in order to render a completed and useful project. 00700 11-2017 Page 4 General Conditions 1.36 Substantial Completion - The stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the OWNER's opinion,the Work has progressed to the point such that all parts of the Work under consideration are fully operational, as evidenced by a Certificate of Substantial Completion approved by the OWNER. 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven(7) hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and in that event a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10)Calendar Days after written notification of award of Contract, the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 00700 11-2017 Page 5 General Conditions 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Time(s) will begin to run on the day indicated in the Notice to Proceed. Notice to Proceed will be given at any time within sixty (60) Calendar Days after the Execution Date of the Agreement, unless extended by written agreement of the parties. 2.4 Before Starting Construction: 2.4.1 No Work shall be done at the site prior to the preconstruction conference without the OWNER's approval. Before undertaking each part of the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to Owner's Representative any conflict, error, ambiguity or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from Owner's Representative before proceeding with any Work affected thereby. The CONTRACTOR shall be liable to the OWNER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents of which the CONTRACTOR knew or reasonably should have known. 2.4.2 The CONTRACTOR shall submit the following to Owner's Representative for review and approval no later than the preconstruction conference: .1 a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents, identifying when all Subcontractors will be utilized, and taking into consideration any limitations on Working Hours; .2 a preliminary schedule of Shop Drawing and sample submittals; .3 a preliminary schedule of values for all of the Work, subdivided into component parts in sufficient detail -- to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work; .4 a letter designating CONTRACTOR's Superintendent; .5 a letter from the CONTRACTOR and Subcontractor(s) listing any salaried specialists; .6 if applicable, a letter designating the "Competent Person(s)" on general safety and trench safety measures; .7 if applicable, a trench safety system plan; .8 if applicable, a plan illustrating proposed locations of temporary facilities; J .9 if applicable, a traffic control plan; .10 a completed Non-Use of Asbestos Affidavit(Prior to Construction); and .11 if applicable, a letter designating the Texas Registered Professional Land Surveyor for layout of the Work. J 00700 11-2017 Page 6 General Conditions j 2.5 Preconstruction Conference: Prior to commencement of Work at the site, a preconstruction conference attended by the CONTRACTOR, Owner's Representative and others will be held. 2.6 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain approval of Owner's Representative on final versions of the schedules submitted in accordance with paragraph 2.4.2 before the first progress payment will be made to the CONTRACTOR. The progress schedule must provide for an orderly progression of the Work to completion within any specified Milestones and Contract Times. Acceptance of the schedule by Owner's Representative will neither impose on Owner's Representative responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawings and sample submissions must provide an arrangement agreeable to the parties for reviewing and processing the required submittals. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Intent: 3.1.1 The intent of the Contract Documents is to include all information necessary for the proper execution and completion of the Work by the CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In cases of disagreement, the following order of precedence shall govern (top item receiving priority of interpretation): Signed Agreement Addenda to the Contract Documents Special Conditions Supplemental General Conditions General Conditions Other Bidding Requirements and Contract Forms Special Provisions to the Standard Technical Specifications Special Specifications Standard Technical Specifications Drawings (figured dimensions shall govern over scaled dimensions) Project Safety manual, if applicable 3.1.2 Unless otherwise stated in the Contract Documents,words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 3.2 Reporting and Resolving Discrepancies: If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provisions of any such law or regulation applicable to the performance of the Work or of any such standard, specification, manual or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to Owner's Representative in writing, and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.3.1 or paragraph 3.3.2. The CONTRACTOR shall be liable to the OWNER for failure to report any such conflict, error, ambiguity or discrepancy of which the CONTRACTOR knew or reasonably should have known. 3.3 Amending and Supplementing Contract Documents: 00700 11-2017 Page 7 General Conditions 3.3.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: .1 Change Order. .2 Change Directive. .3 Time Extension Request. 3.3.2 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: .1 Field Order. .2 Review of a Shop Drawing or sample. .3 Written interpretation or clarification. 3.4 Reuse of Documents Prohibited: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of E/A or E/A's consultants, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the OWNER and E/A. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which the CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the Contract Documents. If the OWNER fails to furnish these lands, rights-of-way or easements in a timely manner, the CONTRACTOR may make a Claim for adjustments in the Contract Times. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions: 4.2.1 The CONTRACTOR hereby covenants that it has examined the site of the proposed Work and is familiar with all of the conditions surrounding construction of the Project, having conducted all inquiries, tests and investigations deemed necessary and proper. 4.2.2 If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, that differ materially from those normally encountered in the type of work being performed under this Contract, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) calendar days after first observance of the conditions. Owner's Representative will promptly investigate such conditions with E/A and, if they differ materially and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, will 00700 11-2017 Page 8 General Conditions recommend an equitable adjustment in the Contract Amount or Contract Time, or both. If Owner's Representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the CONTRACTOR shall be notified in writing, stating ^' the reasons. Any disputes arising from Owner's Representative's determination shall be resolved in accordance with Article 16. 4.2.3 Notwithstanding any other provision of this Contract,the CONTRACTOR shall be solely responsible for the location and protection of any and all public lines and utility customer service lines in the Work area. For the purposes of this section,"public lines"means the utility distribution and supply system within public rights-of-way or easements, and "utility customer service lines" (service) means any utility line connecting a utility customer to the -- utility distribution system. Generally, existing service connections within right-of-way or easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and"One Call"and 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. The CONTRACTOR's obligation hereunder shall be primary and nondelegable. The CONTRACTOR shall indemnify or reimburse such expenses or costs (including fines that may be levied against the OWNER)that may result from unauthorized or accidental damage to all public lines and utility customer service lines in the Work area. The OWNER reserves the right to repair such damage the CONTRACTOR may cause, at the CONTRACTOR's expense. 4.2.4 The CONTRACTOR shall take reasonable precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of the OWNER and the Texas Department of Antiquities Protection. When such objects are uncovered unexpectedly, the CONTRACTOR shall stop all Work in close proximity and notify Owner's Representative and the Texas Department of Antiquities Protection of their presence and shall not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities uncovered on the OWNER's property shall remain property of the State of Texas, the Texas Department of Antiquities Protection conforming to the Texas Natural Resources Code. If it is determined by the OWNER, in consultation with the Texas Department of Antiquities Protection, that exploration or excavation of primitive records or antiquities on Project site is necessary to avoid loss, the CONTRACTOR shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the CONTRACTOR's cost of, or time required for, performance of the Work, the Contract Amount and/or Contract Time may be equitably adjusted. 4.3 Reference Points: Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey monuments, and control points which, in the OWNER's opinion,are suitable for laying out the Work. Such benchmarks and reference points will be placed at intervals not to exceed 1,500 feet. All reference points, benchmarks, survey monuments and control points shall be carefully preserved by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When reference points, benchmarks, survey monuments, or control points are in conflict with the Work, then reestablishment will be the OWNER's responsibility during or upon completion of the Work. 4.4 Hazardous Materials: 4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was L not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CONTRACTOR shall immediately notify Owner's Representative of any suspected hazardous materials encountered before or during performance of the Work and shall take all necessary precautions to avoid further disturbance of the materials. 4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible. L 00700 11-2017 Page 9 General Conditions L 4.4.3 No asbestos-containing materials shall be incorporated into the Work or brought on the Project site without prior approval of the OWNER. ARTICLE 5-BONDS AND INSURANCE 5.1 Surety and Insurance Companies: All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to the OWNER and shall be issued by a surety which complies with the requirements of Art. 7.19-1, Texas Insurance Code (1997) and which is otherwise acceptable to the OWNER. OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. 5.2 Workers' Compensation Insurance Coverage: 5.2.1 Definitions: .1 Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the CONTRACTOR's/person's Work on the Project has been completed and accepted by the OWNER. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling. or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 5.2.2 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CONTRACTOR providing services on the Project, for the duration of the Project. 5.2.3 The OWNER will not execute the Contract prior to the CONTRACTOR providing all required certificates of coverage. 5.2.4 If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the Project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. 5.2.5 The CONTRACTOR shall obtain from each person providing services on the Project, and provide to the OWNER: 00700 11-2017 Page 10 General Conditions .1 a certificate of coverage, prior to that person beginning Work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 no later than seven (7)days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 5.2.6 The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1)year thereafter. 5.2.7 The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the CONTRACTOR knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. L -� - - l 5.2.8 The CONTRACTOR shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5.2.9 The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a Project to: .1 provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the Project, for the duration of the Project; .2 provide to the CONTRACTOR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; .3 provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .4 obtain from each other person with whom it contracts, and provide to the CONTRACTOR: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .6 notify the OWNER in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project; and .7 contractually require each person with whom it contracts,to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services 00700 11-2017 Page 11 General Conditions r-• on the Project will be covered by workers'compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. ~� 5.2.11 The CONTRACTOR's failure to comply with any of these provisions is a breach of Contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the OWNER. 5.3 Contractor Insurance Requirements: For specific bond requirements and additional insurance requirements, refer to the Supplemental General Conditions. 5.3.1.1 General Requirements: .1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by OWNER in the care, custody and control of CONTRACTOR prior to and during construction and warranty period. .2 CONTRACTOR must complete and forward the required Certificates of Insurance to OWNER before the Contract is executed as verification of coverage required below. CONTRACTOR shall not commence Work until the required insurance is obtained and until such insurance has been 111 reviewed by OWNER. Approval of insurance by OWNER shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR must also complete and forward the required Certificates of Insurance to OWNER whenever a previously identified policy period has expired as verification of continuing coverage. .3 CONTRACTOR's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A-or better. .4 All endorsements naming the OWNER as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both OWNER and CONTRACTOR. shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 OWNER shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 OWNER reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by OWNER based upon changes in statutory law, 00700 11-2017 Page 12 General Conditions court decisions, the claims history of the industry or financial condition of the insurance company as well as CONTRACTOR. .9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If OWNER-owned property is being transported or stored off-site by CONTRACTOR, then the a appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect OWNER's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of CONTRACTOR. 5.3.1.2 Business Automobile Liability Insurance. Provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of OWNER: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. Provide coverage in the following types and amounts: .1 A minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least$100,000 property damage liability each accident. i 1_ 5.3.1.3 Workers' Compensation and Employers' Liability Insurance: Coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State of Texas and include these endorsements in favor of OWNER: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: .1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 00700 11-2017 Page 13 General Conditions J 5.3.1.4 Commercial General Liability Insurance. ii The Policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liabilityfor the duration of the p warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. f) OWNER listed as an additional insured, endorsement CG 2010. g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. Provide coverages A&B with minimum limits as follows: .1 A combined bodily injury and property damage limit of$500,000 per occurrence. 5.3.1.5 Builders' Risk Insurance. CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the Contract Amount. Coverage shall continue until the Work is accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 5.4 Bonds: 5.4.1 General. .1 Bonds, when required, shall be executed on forms furnished by or acceptable to OWNER. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, CONTRACTOR shall within ten (10)days thereafter substitute another bond and surety. both of which must be acceptable to OWNER. .3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all CONTRACTOR's obligations under the Contract Documents. Performance Bonds and Payment Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law. Any surety duly authorized to do business in Texas may write Performance and Payment Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligations over 10 percent. 5.4.2 Performance Bond. 00700 11-2017 Page 14 General Conditions .1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER. .2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000, CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or less, in which case CONTRACTOR can agree to the following terms and conditions for payment in lieu of providing a Performance Bond: no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER; CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Performance Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the following terms and conditions: CONTRACTOR shall be entitled to receive 95%of the Contract Amount following Final lal Completion, and the remaining 5%of the Contract Amount following the one year warranty period. .4 If a Performance Bond is required to be furnished, it shall extend for the one year warranty period. 5.4.3 Payment Bond. .1 If the Contract Amount exceeds $25,000, CONTRACTOR shall furnish OWNER with a Payment Bond in the form set out by OWNER. .2 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be required to furnish a Payment Bond; provided that no money will be paid to CONTRACTOR until completion and acceptance of the Work by OWNER under the terms and conditions specified in paragraph 5.4.2.3. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: 6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Unless otherwise directed by the OWNER in the Contract Documents, the CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.1.2 The CONTRACTOR shall have an English-speaking, competent Superintendent on the Work at all times that work is in progress. Upon request of Owner's Representative, the CONTRACTOR shall present the resume of the proposed Superintendent to Owner's Representative showing evidence of experience and successful superintendence and direction of work of a similar scale and complexity. If, in the opinion of Owner's Representative, the proposed Superintendent does not indicate sufficient experience in line with the Work, he/she will not be allowed to be the designated Superintendent for the Work. The Superintendent shall not be replaced without Written Notice to Owner's Representative. If the CONTRACTOR deems it necessary to replace the Superintendent, the CONTRACTOR shall provide the necessary information for approval, as stated above, on the proposed new Superintendent. A qualified substitute Superintendent may be designated in the event that the designated Superintendent is temporarily away from the Work, but not to exceed a time limit acceptable to Owner's Representative. The CONTRACTOR shall replace the Superintendent upon the OWNER's request in the event the Superintendent is unable to perform to the OWNER's satisfaction. The Superintendent will be the CONTRACTOR's representative on the Work and shall have the authority to act on behalf of the CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to the CONTRACTOR. Either the CONTRACTOR or the 00700 11-2017 Page 15 General Conditions Superintendent shall provide an emergency and home telephone number at which one or the other may be reached if necessary when work is not in progress. 6.2 Labor, Materials and Equipment: 6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of the type of Work required under this Contract. The CONTRACTOR, Subcontractors, Sub-subcontractors, and their employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on the OWNER's property, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. If the OWNER or Owner's Representative notifies the CONTRACTOR that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the CONTRACTOR shall immediately remove such worker from performing Contract Work, and may not employ such worker again on Contract Work without the OWNER's prior written consent. The CONTRACTOR shall at all times maintain good discipline and order on or off the site in all matters pertaining to the Project. The CONTRACTOR shall pay workers no less than the wage rates established in Section 00900, and maintain weekly payroll reports as evidence thereof. 6.2.2 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,water, .--, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, re-testing of defective work, start-up and completion of the Work. 6.2.3 All materials and equipment shall be of good quality and new (including new products made of recycled materials), except as otherwise provided in the Contract Documents. If required by Owner's Representative, the CONTRACTOR shall furnish satisfactory evidence (reports of required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.2.4 Substitutes and "Approved Equal" Items: 6.2.4.1 Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function and quality required. Unless the specification or description contains words reading that no like, equivalent or"approved equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to Owner's Representative under the following circumstances: .1 "Approved Equal": If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by the OWNER as an "approved equal" item, in which case review of the proposed item may, in the OWNER's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of proposed substitute items. The CONTRACTOR shall provide the OWNER with the documentation required for the OWNER to make its determination. .2 Substitute Items: If, in the OWNER's sole discretion, an item of material or an item of equipment proposed by the CONTRACTOR does not qualify as an "approved equal" item under paragraph 6.2.4.1.1, then it will be considered a proposed substitute item. The CONTRACTOR shall submit sufficient information to allow the OWNER to determine that the item of material or item of equipment _J proposed is essentially equivalent to that named and a substitute therefor. 6.2.4.2 Substitute Construction Methods and Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may with prior approval of the OWNER furnish or utilize a substitute means, method, technique, 00700 11-2017 Page 16 General Conditions sequence, or procedure of construction. The CONTRACTOR shall submit sufficient information to Owner's Representative to allow the OWNER, in the OWNER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.2.4.3 OWNER's Evaluation: The OWNER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The OWNER will be the sole judge of acceptability. No"approved equal" or substitute shall be ordered, installed, or utilized until the OWNER's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. The OWNER may require the CONTRACTOR to furnish at the CONTRACTOR's expense a special performance guarantee or other surety bond with respect to any"approved equal"or substitute. The OWNER shall not be responsible for any delay due to review time for any"approved equal" or substitute. 6.2.4.4 CONTRACTOR's Expense: All data to be provided by the CONTRACTOR in support of any proposed "approved equal"or substitute item will be at the CONTRACTOR's expense. 6.2.5 The CONTRACTOR agrees to assign to the OWNER any rights it may have to bring antitrust suits against its Suppliers for overcharges on materials incorporated in the Project growing out of illegal price fixing agreements. The CONTRACTOR further agrees to cooperate with the OWNER should the OWNER wish to prosecute suits against Suppliers for illegal price fixing. 6.3 Progress Schedule: Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.6 as it may be adjusted from time to time as provided below: .1 The CONTRACTOR shall submit to Owner's Representative for acceptance proposed adjustments in the progress schedule that will not change the Contract Times or Milestones. Such adjustments will conform generally to the progress schedule then in effect. .2 Proposed adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time Extension Request in accordance with Article 12. 6.4 Concerning Subcontractors, Suppliers and Others: 6.4.1 Assignment: The CONTRACTOR agrees to retain direct control of and give direct attention to the fulfillment of this Contract. The CONTRACTOR agrees not to, by Power of Attorney or otherwise, assign said Contract without the prior written consent of the OWNER. 6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors, Suppliers, or other persons or organizations it will use in the Work, and such list must be provided prior to the preconstruction conference. Should the OWNER have objections,the OWNER will communicate such objections by Written Notice. If the OWNER requires a change without good cause of any Subcontractor, person or organization previously accepted by OWNER,the Contract Amount may be increased or decreased by the difference in the cost occasioned by any such change, and an appropriate Change Order shall be issued. The CONTRACTOR shall not substitute any Subcontractor, person or organization that has been accepted by the OWNER, unless the substitute has been accepted in writing by the OWNER. No acceptance by the OWNER of any Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the OWNER to reject defective Work. 6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and E/A. The OWNER reserves the right to specify that certain requirements shall be adhered to by all Subcontractors and Sub-subcontractors as indicated in other portions of the Contract 00700 11-2017 Page 17 General Conditions Documents and these requirements shall be made a portion of the agreement between the CONTRACTOR and Subcontractor or Supplier. 6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between the OWNER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the OWNER or E/A to pay or to see to the payment of any amounts due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by laws and regulations. 6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner's Representative through the CONTRACTOR. 6.4.6 The divisions and sections of the Specifications and the ide ntifications entifications of any Drawings shall not control the CONTRACTOR in dividing or delineating the Work to be performed by any specific trade. 6.4.7 The CONTRACTOR shall pay each Subcontractor and Supplier their appropriate share of payments made to the CONTRACTOR not later than ten (10) Calendar Days after the CONTRACTOR's receipt of payment from the OWNER. 6.5 Patent Fees and Royalties: 6.5.1 The CONTRACTOR shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work or the formulation or presentation of its Bid. 6.5.2 The CONTRACTOR shall pay all royalties and license fees and shall provide, prior to commencement of Work hereunder and at all times during the performance of same, for lawful use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee, copyright holder, or their duly authorized representative whether or not a particular design, device, material, or process is specified by the OWNER. 6.5.3 The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright and shall save the OWNER harmless from any loss or liability, direct or indirect, arising with respect to the CONTRACTOR's process in the formulation of its bid or the performance of the Work or otherwise arising in connection therewith. The OWNER reserves the right to provide its own defense to any suit or claim of infringement of any patent or copyright in which event the CONTRACTOR shall indemnify and save harmless the OWNER from all costs and expenses of such defense as well as satisfaction of all judgments entered against the OWNER. 6.5.4 The OWNER shall have the right to stop the Work and/or terminate this Agreement at any time in the event the CONTRACTOR fails to disclose to the OWNER that the CONTRACTOR's work methodology includes the use of any infringing design, device, material or process. 6.6 Permits, Fees: Unless otherwise provided in the Supplemental General Conditions, the CONTRACTOR shall obtain and pay for all construction permits, licenses and fees required for prosecution of the Work. OWNER will obtain and pay for the following permits, licenses and/or fees, if required: .1 Site Development Permit. 00700 11-2017 Page 18 General Conditions .2 Building Permit(s). .3 Texas Department of Transportation permit for work in State rights-of-way. .4 Railroad Utility License Agreement. 6.7 Laws and Regulations: 6.7.1 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performing the Work. Except where otherwise expressly required by applicable laws and regulations, neither the OWNER nor E/A shall be responsible for monitoring the CONTRACTOR's compliance with any laws and regulations. 6.7.2 The CONTRACTOR shall plan and execute its operations in compiiance with all applicable Federal, State and local laws and regulations, including those concerning control and abatement of water pollution and prevention and control of air pollution. 6.7.3 If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or regulations, then the CONTRACTOR shall bear all claims, costs, losses and damages arising therefrom; however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the CONTRACTOR's obligations under Article 3. 6.8 Taxes: 6.8.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the CONTRACTOR in accordance with the laws and regulations of the State of Texas. 6.8.2 The OWNER is an exempt organization as defined by Chapter 11 of the Property Tax Code of Texas and is thereby exempt from payment of Sales Tax under Chapter 151, Limited Use Sales, Excise and Use Tax, Texas Tax Code, and Article 1066 (C), Local Sales and Use Tax Act, Revised Civil Statutes of Texas. 6.9 Use of Premises: 6.9.1 The CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by dispute resolution proceeding or at law. The CONTRACTOR shall indemnify, defend and hold harmless the OWNER, E/A, E/A's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including court costs and reasonable attorneys'fees) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the OWNER, E/A or any other party indemnified hereunder to the extent caused by or based upon performance of the Work or failure to perform the Work. 6.9.2 During the progress of the Work and on a daily basis, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as L well as all tools, appliances, construction equipment and machinery and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the OWNER at Substantial Completion of the Work. The CONTRACTOR shall, at a minimum, restore to original condition all property not designated for alteration by the Contact Documents. 00700 11-2017 Page 19 General Conditions 6.9.3 The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. P-. 6.10 Record Documents: The CONTRACTOR shall maintain in a safe place at the site, or other location acceptable to the OWNER, one (1) record copy of all Drawings, Specifications,Addenda, Change Orders, Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.5) in good order and annotated to show all changes made during construction. These record documents, together with all final samples and all final Shop Drawings,will be available to the OWNER and E/A for reference during performance of the Work. Upon Substantial Completion of the Work, these record documents, samples and Shop Drawings shall be promptly delivered to Owner's Representative. 6.11 Safety and Protection: 6.11.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Upon request, and prior to installation of measures,the CONTRACTOR shall submit a site security plan for approval by the OWNER. By reviewing the plan or making recommendations or comments, the OWNER will not assume liability nor will the CONTRACTOR be relieved of liability for damage, injury or loss. The CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: .1 all persons on the Work site or who may be affected by the Work; .2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and .3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 6.11.2 The CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.11.1.2 and paragraph 6.11.1.3 caused, directly or indirectly, in whole or in part, by the CONTRACTOR, Subcontractor, Supplier or any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER, or E/A, or E/A's consultant or anyone employed by any of them or anyone whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in J part, to the faults or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). The CONTRACTOR's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and Owner's Representative has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.11.3 Safety Representative: The CONTRACTOR shall designate a qualified and experienced safety J representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Upon request of the OWNER, the CONTRACTOR shall provide certifications or other documentation of the safety representative's qualifications. 00700 11-2017 Page 20 General Conditions 6.11.4 Hazard Communication Programs: The CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws and regulations. 6.11.5 Emergencies: 6.11.5.1 In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the OWNER or E/A, is obligated to act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work. The CONTRACTOR shall give Owner's Representative prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Owner's Representative determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency,a Change Directive or Change Order will be issued to document the consequences of such action; otherwise the OWNER will not be responsible for the CONTRACTOR's emergency action. 6.11.5.2 Authorized agents of the CONTRACTOR shall respond immediately to call-out at any time of any day or night when circumstances warrant the presence on Project site of the CONTRACTOR or its agent to protect the Work or adjacent property from damage, restriction or limitation or to take such action or measures pertaining to the Work as may be necessary to provide for the safety of the public. Should the CONTRACTOR and/or its agent fail to respond and take action to alleviate such an emergency situation, the OWNER may direct other forces to take action as necessary to remedy the emergency condition, and the OWNER will deduct any cost of such remedial action from the funds due to the CONTRACTOR under this Contract. 6.11.5.3 In the event there is an accident involving injury to any individual on or near the Work, the CONTRACTOR shall notify Owner's Representative within twenty-four (24) hours 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 medical reports and other documentation that describes the event. Copies of such documentation shall be provided to Owner's Representative, for the OWNER's and E/A's records, within forty-eight (48) hours of the event. 6.12 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the OWNER and the CONTRACTOR may agree in writing. 6.13 CONTRACTOR's General Warranty and Guarantee: 6.13.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good and workmanlike manner in accordance with the Contract Documents and will not be defective. The CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: .1 abuse, modification or improper maintenance or operation by persons other than the CONTRACTOR, Subcontractors or Suppliers; or .2 normal wear and tear under normal usage. 6.13.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: .1 observations by Owner's Representative and/or E/A; .2 recommendation of any progress or final payment by Owner's Representative; 00700 11-2017 Page 21 General Conditions 1J .3 the issuance of a certificate of Substantial Completion or any payment by the OWNER to the CONTRACTOR under the Contract Documents; .4 use or occupancy of the Work or any part thereof by the OWNER; .5 any acceptance by the OWNER or any failure to do so; .6 any review of a Shop Drawing or sample submittal; .7 any inspection, test or approval by others; or .8 any correction of defective Work by the OWNER. 6.14 Indemnification: 6.14.1 The CONTRACTOR shall defend, indemnify and hold harmless the OWNER, E/A, E/A's consultants and subconsultants and their respective officers, directors, partners, employees, agents and other consultants and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs) arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: .1 is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and .2 is caused in whole or in part by any negligent act or omission of the CONTRACTOR,any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by laws and regulations regardless of the negligence of any such person or entity. 6.14.2 The indemnification obligation under paragraph 6.14.1 shall not be limited in any way by any limitation on the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers'compensation acts, disability benefit acts or other employee benefit acts. 6.14.3 The obligations of the CONTRACTOR under paragraph 6.14.1 shall not extend to the liability of the OWNER, E/A, E/A's consultants, and their officers, directors, partners, employees or agents caused primarily by negligent preparation of maps, drawings, surveys, designs or specifications upon which is placed the applicable state-authorized design professional seal of the OWNER's, E/A's or E/A's consultant's officers, directors, partners, employees or agents. 6.14.4 In the event the CONTRACTOR fails to follow the OWNER's directives concerning use of the site, scheduling or course of construction, or engages in other conduct which proximately causes damage to property based on inverse condemnation or otherwise, then and in that event, the CONTRACTOR shall indemnify the OWNER against all costs resulting from such claims. 6.14.5 In the event the CONTRACTOR unreasonably delays progress of the work being done by others on the site so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 6.15 Survival of Obligations: 00700 11-2017 Page 22 General Conditions fr-- All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents,will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 6.16 Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the Work to be P done or from action of the elements,floods or from unforeseeable circumstances in prosecution of the Work or from unusual obstructions or difficulties which may be encountered in prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense. 6.17 Notice of Claim: Should the CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the OWNER or of any of the OWNER's employees or agents or others for whose acts the OWNER is liable, a Claim will be made to the other party within thirty (30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 6.17 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. 6.18 Liquidated Damages: At set forth in the Agreement, paragraph 1.2,the CONTRACTOR or its Surety shall be liable for Liquidated Damages for the CONTRACTOR's failure to timely complete the Work or any portion thereof within the Contract Time. See Supplemental Conditions for amount of Liquidated Damages. ARTICLE 7 -OTHER WORK 7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let other contracts therefor, or have other work performed by utility owners. If the CONTRACTOR believes that delay or additional cost is involved because of such action by the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12. 7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility — owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Owner's Representative and the other contractors whose work will be affected. The CONTRACTOR shall promptly remedy damage wrongfully caused by the CONTRACTOR to completed or partially completed construction or to property of the OWNER or separate contractors. 7.3 If the proper execution or results of any part of the CONTRACTOR's Work depends upon work performed by others under this Article 7, the CONTRACTOR shall inspect such other work and promptly report to Owner's Representative in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.4 The OWNER shall provide for coordination of the activities of the OWNER's own forces and of each separate contractor with the Work of the CONTRACTOR, who shall cooperate with them. The CONTRACTOR shall participate with other separate contractors and Owner's Representative in reviewing their construction schedules when directed to do so. The CONTRACTOR shall make any revisions to the construction schedule 00700 11-2017 Page 23 General Conditions deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the CONTRACTOR, separate contractors and the OWNER until subsequently revised. 7.5 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 8-OWNER'S RESPONSIBILITIES 8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's Representative during construction. Except as otherwise provided in these General Conditions, the OWNER shall issue all communications to the CONTRACTOR through Owner's Representative. 8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 8.3 The OWNER is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 8.4 Information or services under the OWNER's control shall be furnished by the OWNER with reasonable promptness to avoid delay in the orderly progress of the Work. 8.5 The foregoing are in addition to other duties and responsibilities of the OWNER enumerated herein and especially those in respect to Article 4 (Availability of Lands; Subsurface and Physical Conditions; Reference Points),Article 7 (Other Work) and Article 14 (Payments to the CONTRACTOR and Completion). 8.6 Notice of Claim: Should the OWNER suffer injury or damage to person or property because of any error, omission or act of the CONTRACTOR or of any of the CONTRACTOR's employees or agents or others for whose acts the CONTRACTOR is liable, a Claim will be made to the other party within thirty(30) calendar days of the event giving rise to such injury or damage. The provisions of this paragraph 8.6 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or statute of repose. ARTICLE 9 -ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 9.1 E/A's Authority and Responsibilities: 9.1.1 The duties and responsibilities and the limitations of authority of E/A during construction are set forth in the Contract Documents and shall not be extended without written consent of the OWNER and E/A. The assignment of any authority, duties or responsibilities to E/A under the Contract Documents, or under any agreement between the OWNER and E/A, or any undertaking. exercise or performance thereof by E/A, is intended to be for the sole and exclusive benefit of the OWNER and is not for the benefit of the CONTRACTOR, Subcontractor, Sub- subcontractor, Supplier, or any other person or organization, or for any surety or employee or agent of any of them. 9.1.2 E/A will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. E/A is not responsible for any failure of the CONTRACTOR to comply with laws and regulations applicable to the furnishing or performing the Work. E/A is not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. Failure or omission of E/A to discover, or 00700 11-2017 Page 24 General Conditions 7 object to or condemn any defective Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the Contract. 9.1.3 E/A is not responsible for the acts or omissions of the CONTRACTOR, or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1.4 If the OWNER so directs, E/A will review the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,tests and approvals and other documentation required to be delivered by Article 14, but only to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.1.5 The limitations upon authority and responsibility set forth in this paragraph 9.1 shall also apply to E/A's Consultants, Resident Project Representative and assistants. 9.2 E/A as Owner's Representative: l J 9.2.1 E/A may be designated as Owner's Representative under paragraph 8.1. 9.3 Visits to Site: If the OWNER so directs, E/A will make visits to the site at intervals appropriate to the various stages of construction as is necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. Based on information obtained during such visits and observations, E/A will endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the Contract Documents. E/A will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. E/A's efforts will be directed toward providing for the OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, E/A will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defective Work. E/A's visits and on-site observations are subject to all the limitations on E/A's authority and responsibility set forth in paragraph 9.1. 9.4 Project Representative: If the OWNER and E/A agree, E/A will furnish a Resident Project Representative to assist E/A in providing more continuous observation of the Work. The responsibilities and authority and limitations of any such Resident Project Representative and assistants will be as provided in paragraph 9.1 and in the Supplemental General Conditions. The OWNER may designate another representative or agent to represent the OWNER at the site who is not E/A, E/A's consultant, agent or employee. 9.5 Clarifications and Interpretations: E/A may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents,will be issued with reasonable promptness by Owner's Representative and will be binding on the OWNER and the CONTRACTOR. If the OWNER or the CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Amount or the Contract Times, the OWNER or the CONTRACTOR may make a Claim therefor as provided in Article 11 or Article 12. 9.6 Rejecting Defective Work: E/A will recommend that the OWNER disapprove or reject Work which E/A believes to be defective, or believes will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00700 11-2017 Page 25 General Conditions L 7 ARTICLE 10-CHANGES IN THE WORK 10.1 Changes: 10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such changes in the Work will be authorized by Change Order, Change Directive or Field Order. 10.1.2 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the CONTRACTOR shall proceed promptly, unless otherwise provided in the Change Order, Change Directive or Field Order. 10.1.3 The CONTRACTOR shall not be entitled to an increase in the Contract Amount or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph 3.3.1 and paragraph 3.3.2, except in the case of an emergency as provided in paragraph 6.11.5 or in the case of uncovering Work as provided in paragraph 13.4. 10.1.4 Except in the case of an emergency as provided in paragraph 6.11.5, a Change Order or Change Directive is required before the CONTRACTOR commences any activities associated with a change in the Work which, in the CONTRACTOR's opinion, will result in a change in the Contract Amount and/or Contract Times. 10.1.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Amount or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 10.2 Change Orders: 10.2.1 The OWNER and the CONTRACTOR shall execute appropriate written :Change Orders covering: 9 .1 a change in the Work; .2 the amount of the adjustment in the Contract Amount, if any; and .3 the extent of the adjustment in the Contract Time, if any. 10.2.2 An executed Change Order shall represent the complete, equitable, and final amount of adjustment in the Contract Amount and/or Contract Time owed to the CONTRACTOR or the OWNER as a result of the occurrence or event causing the change in the Work encompassed by the Change Order. 10.3 Change Directives: 10.3.1 The OWNER may by written Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Amount and Contract Time being adjusted as necessary. A Change Directive shall be used in the absence of complete and prompt agreement on the terms of a Change Order. 10.3.2 If the Change Directive provides for an adjustment to the Contract Amount, the adjustment shall be based on the method provided for in paragraph 11.5. 10.3.3 A Change Directive shall be recorded later bypreparation and execution of p p an appropriate Change Order. 10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with the change in the Work involved. 00700 11-2017 Page 26 General Conditions r 10.4 Field Order: 10.4.1 Owner's Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These shall be accomplished by written Field Order and shall be binding on the OWNER and on the CONTRACTOR who shall perform the Work involved promptly. 10.4.2 If the CONTRACTOR believes that a Field Order would require an adjustment in the Contract Amount and/or Contract Times, the CONTRACTOR shall make written request to Owner's Representative for a Change Order. Any request by the CONTRACTOR for an adjustment in Contract Amount and/or Contract Times shall be made in writing prior to beginning the work covered by the Field Order. 10.5 No Damages for Delay: j The CONTRACTOR shall receive no compensation for delays or hindrances to the Work. If delay is caused by specific orders given by the OWNER to stop work or by performance of extra Work or by failure of the OWNER to provide information, access to the work, material or necessary instructions for carrying on the Work,then such delay will entitle the CONTRACTOR to an equivalent extension of time, the CONTRACTOR's application for which shall, however, be subject to approval of the OWNER. No such extension of time shall release the CONTRACTOR or surety on its performance bond from all the CONTRACTOR's obligations hereunder which shall remain in full force until discharge of the Contract. ARTICLE 11 -CHANGE OF CONTRACT AMOUNT 11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract Documents. 11.2 The original Contract Amount may not be increased by more than twenty-five percent(25%)and it may not be decreased more than twenty-five percent (25%)without the consent of the CONTRACTOR to such decrease. 11.3 The Contract Amount shall only be changed by a Change Order. Any claim for an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the Claim to the other party promptly (but in no event later than thirty(30)calendar days)after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Amount shall be determined as set out in Article 16. 11.4 Determination of Value of Work: 11.4.1 The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Amount will be determined by one or more of the following methods: .1 by application of unit prices contained in the Contract Documents to the quantities of the items involved. .2 by a mutually agreed lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. .3 by cost of Work plus the CONTRACTOR's fee for all overhead costs and profit(determined as provided in paragraph 11.5). 00700 11-2017 Page 27 General Conditions 11.4.2 Before using the method described in paragraph 11.4.1.3, the OWNER and the CONTRACTOR agree to negotiate a Change Order using the methods identified in paragraph 11.4.1.1 and paragraph 11.4.1.2, as appropriate, to determine the adjustment in the Contract Amount. 11.5 Cost of Work: If neither of the methods defined in paragraph 11.4.1.1 or paragraph 11.4.1.2 can be agreed upon before a change in the Work is commenced which will result in an adjustment in the Contract Amount, then the change in the Work will be performed by Change Directive and payment will be made as follows: .1 For all personnel, the CONTRACTOR will receive the rate or wage specified in the prevailing wage rates established in Section 00900 for each hour that said personnel are actually engaged in such Work, to which will be added an amount equal to twenty-five percent (25%) of the sum thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. No separate charge will be made by the CONTRACTOR for organization or overhead expenses. For the cost of premiums on public liability insurance, workers' compensation insurance, social security and unemployment insurance, an amount equal to fifty-five percent (55%) of the wages paid personnel, excluding the twenty-five(25%)compensation provided above,will be paid to the CONTRACTOR. The actual cost of the CONTRACTOR's bond(s) on the extra Work will be paid based on invoices from surety. No charge for superintendence will be made unless considered necessary and ordered by the OWNER. .2 The CONTRACTOR will receive the actual cost, including freight charges, of the materials used on such Work, to which costs will be added a sum equal to twenty-five percent (25%) thereof as compensation for the CONTRACTOR's and any affected Subcontractor's total overhead and profit. In case material invoices indicate a discount may be taken, the actual cost will be the invoice price minus the discount. .3 For machinery, trucks, power tools, or other similar equipment agreed to be necessary by the OWNER and the CONTRACTOR, the OWNER will allow the CONTRACTOR the rate as given in the latest edition of the Associated General Contractors of America "Contractor's Equipment Cost Guide" as published by Dataquest for each hour that said tools or equipment are in use on such work, which rate includes the cost of fuel, lubricants and repairs. No additional compensation will be allowed on the equipment for the CONTRACTOR's overhead and profit. .4 The compensation, as herein provided for, shall be received by the CONTRACTOR and any affected Subcontractor as payment in full for work done by Change Directive and will include use of small tools, and total overhead expense and profit. The CONTRACTOR and the Owner's Representative shall compare records of work done by Change Directive at the end of each day. Copies of these records will be made upon forms provided for this purpose by the OWNER and signed by both Owner's Representative and the CONTRACTOR, with one (1) copy being retained by the OWNER and one (1) by the CONTRACTOR. Refusal by the CONTRACTOR to sign these records within two (2) working days of presentation does not invalidate the accuracy of the record. 11.6 Unit Price Work: 11.6.1 Where the Contract Documents provide that all or part of the Work is to be unit price Work, initially the Contract Amount will be deemed to include for all unit price work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Bid. The estimated quantities of items of unit price work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Amount. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by Owner's Representative. Owner's Representative will review with the CONTRACTOR the preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). 00700 11-2017 Page 28 General Conditions 11.6.2 When "plan quantity" is indicated for a bid item, the CONTRACTOR shall be paid the amount specified in the Contract Documents without any measurements. 11.6.3 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. 11.6.4 A Major Item is any individual bid item in the Bid that has a total cost equal to or greater than five percent (5%) of the original Contract Amount or $50,000, whichever is greater, computed on the basis of bid quantities and Contract unit prices. 11.6.5 The OWNER or the CONTRACTOR may make a Claim for an adjustment in the Contract Amount in Ij accordance with Article 11 if: .1 the actual quantity of any Major Item should become as much as twenty percent (20%) more than or twenty percent(20%) less than in the Bid; or .2 The CONTRACTOR presents proper documentation contesting the accuracy of "plan quantity," and Owner's Representative verifies quantity and determines original quantity is in error by five percent (5%) or more. 11.6.6 Right to Verify Information: The CONTRACTOR agrees that any designated representative of the OWNER shall have the right to examine the CONTRACTOR's records to verify the accuracy and appropriateness of the pricing data used to price change proposals. Even after a Change Order Proposal has been approved, the CONTRACTOR agrees that if the OWNER later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of this Agreement regarding pricing of change orders, then an appropriate contract price reduction will be made. 11.6.7 Pricing Information Requirements: The CONTRACTOR agrees to provide and require all subcontractors to provide a breakdown of allowable labor and labor burden cost information as outlined herein. This information will be used to evaluate the potential cost of labor and labor burden related to change order work. It is intended �. that this information represent an accurate estimate of the CONTRACTOR's actual labor and labor burden cost components. This information is not intended to establish fixed billing or change order pricing labor rates. However, at the time change orders are priced the submitted cost data for labor rates may be used to price change order work. The accuracy of any such agreed-upon labor cost components used to price change orders will be subject --- to later audit. Approved change order amounts may be adjusted later to correct the impact of inaccurate labor cost components if the agreed-upon labor cost components are determined to be inaccurate. ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 Working Day and Calendar Day Contracts: 12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request duly executed by both the CONTRACTOR and Owner's Representative. Any claim for an adjustment of the Contract Times(or Milestones)shall be made by Written Notice delivered by the party making the Claim to the other �— party promptly (but in no event later than thirty (30) calendar days) after the start of the occurrence or event giving rise to the delay and stating the general nature of the delay. Notice of the extent of the delay with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant, and shall represent that the adjustment claimed is the entire adjustment to which claimant is entitled as a result of said occurrence or event. If the OWNER and the CONTRACTOR cannot otherwise agree, all Claims for adjustment in the Contract Times (or Milestones) shall be determined as set out in Article 16. No Claim for an adjustment in the Contract Times (or Milestones)will be valid if not submitted in accordance with the requirements of this paragraph. 12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can be made by the CONTRACTOR, then no extension in time will be allowed. 00700 11-2017 Page 29 General Conditions L 12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones) due to delay not caused by the CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such delay. However, adverse weather shall not be considered justification for extension of Contract Times on Calendar Day contracts except as provided for in paragraph 12.2. 12.1.4 The OWNER will consider time extension requests and may grant the CONTRACTOR an extension of time because of: .1 Changes ordered in the work which justify additional time. .2 Failure of materials or products being at the Project site due to delays in transportation or failures of Suppliers, which are not the result of the CONTRACTOR's, Subcontractor's or Supplier's negligence. The request for an extension of time shall be supported by a recitation of acts demonstrating that such delays were beyond the control of the CONTRACTOR, including but not limited to, the CONTRACTOR's efforts to overcome such delays documented as follows: a) Copy of purchase order for delayed item(s) indicating date ordered by the CONTRACTOR/Subcontractor and date purchase order received by Supplier. b) If item(s) require Shop Drawings or other submittal information in accordance with the Contract L� Documents, provide record of date submittal(s) forwarded to Owner's Representative, date submittal(s) returned to the CONTRACTOR, and date submittal(s)forwarded to Supplier. c) Copy of document(s) from Supplier, on Supplier's letterhead, indicating date(s) item(s) would be ready for shipment and/or actual shipment date(s). d) Copies of all correspondence between the CONTRACTOR/Subcontractor and Supplier indicating the CONTRACTOR/Subcontractor's efforts to expedite item(s). e) If item(s) are being purchased by a Subcontractor, provision of meeting notes, correspondence, and the like which reflect the CONTRACTOR's efforts with the Subcontractor to expedite delivery of the item(s). .3 When acts of the OWNER, E/A, utility owners or other contractors employed by the OWNER delay progress of work through no fault of the CONTRACTOR. .4 When the CONTRACTOR is delayed by strikes, lockouts, fires, losses from natural causes, or other unavoidable cause or causes beyond the CONTRACTOR's control. 12.2 Calendar Day Contracts: Under a Calendar Day Contract,the CONTRACTOR may also be granted an extension of time because of unusual inclement weather that is beyond the normal weather expected for the Williamson and Travis Counties,Texas area. Normal weather which prevents the CONTRACTOR from performing Work is expected during a Calendar Day Contract, and is not a justification for an extension of time. The following delineates the number of days per month for which, for purposes of Calendar Day Contracts, expected normal weather will prevent performance of Work: January 7 days February 7 days March 7 days April 7 days May 8 days June 6 days July 6 days August 5 days September 7 days October 7 days J 00700 11-2017 Page 30 General Conditions November 7 days December 7 days Days per month exceeding the number shown above may be credited as Rain Days if a Claim is made in accordance with paragraph 12.1.1 and meets the following definition: a"Rain Day" is any day in which a weather event occurs at the site and is sufficient to prevent the CONTRACTOR from performing units of Work critical to maintaining the project schedule. ARTICLE 13 -TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE WORK 13.1 Notice of Defects: Prompt notice of all defective Work of which the OWNER or E/A has actual knowledge will be given to the CON TRAC`I OK. All defective Work may be rejected or corrected as provided for in Article 13. 13.2 Access to Work: The OWNER, E/A, E/A's Consultants, other representatives and personnel of the OWNER, independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical access to the Work site for observing, inspecting and testing. The CONTRACTOR shall provide them proper and safe conditions for such access, and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests and Inspections: 13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all inspections,tests or approvals required by the Contract Documents except: .1 for inspections, tests or approvals covered by paragraph 13.3.3 below; .2 for reinspecting or retesting defective Work; and .3 as otherwise specifically provided in the Contract Documents. All testing laboratories shall be those selected by the OWNER. 13.3.3 If laws or regulations of any public body having jurisdiction require any Work(or part thereof)specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith and furnish Owner's Representative the required certificates of inspection or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the OWNER's and E/A's review of materials or equipment to be incorporated in the Work, or of materials, mix designs or equipment submitted for review prior to the CONTRACTOR's purchase thereof for incorporation in the Work. 13.4 Uncovering Work: 13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the CONTRACTOR without concurrence of Owner's Representative, or if any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered and recovered at the CONTRACTOR's expense. L 00700 11-2017 Page 31 General Conditions 13.4.2 If Owner's Representative considers it necessary or advisable that covered Work be observed, inspected or tested, the CONTRACTOR shall uncover, expose or otherwise make available for observation, inspection or r-- testing that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the OWNER shall be entitled to an appropriate decrease in the Contract Amount, and may make a Claim therefor as provided in Article 11. If, however, such Work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Amount or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing. replacement and reconstruction; and the CONTRACTOR may make a Claim therefor as provided in Article 11 and Article 12. 13.5 OWNER May Stop the Work: 13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents,the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the OWNER to stop the Work shall not give rise to any duty on the part of the OWNER to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.5.2 If the CONTRACTOR persistently fails to correct defective Work or submit a satisfactory plan to take C, corrective action, with procedure and time schedule, the OWNER may order the CONTRACTOR to stop the Work, or any portion thereof, until cause for such order has been eliminated, or take any other action permitted by this Contract. A notice to stop the Work, based on defects, shall not stop calendar or working days charged to the Project. 13.6 Correction or Removal of Defective Work: If required by the OWNER,the CONTRACTOR shall promptly,as directed, either correct all defective Work,whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner's Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or replacement of work of others). 13.7 Warranty period: 13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions: (i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where J delay would cause serious risk of loss or damage, the OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by the CONTRACTOR. 00700 11-2017 Page 32 General Conditions 13.7.2 In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the warranty period for that item may start to run from an earlier date if so provided in the Contract Documents. 13.8 OWNER May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and remedy any such deficiency. If, in the opinion of Owner's Representative, significant progress has not been made during this seven(7)calendar day period to correct the deficiency,the OWNER may exercise any actions necessary to remedy the deficiency. In exercising the rights and remedies under this paragraph,the OWNER shall proceed expeditiously. In connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or s _r ��__ _:,_ talc _r ail _ _..i _r the tAi__I. _� suspend il_.. CONTRACTOR's f'. ...I...b...J pad: UI LIIC site, LdIKC (JUJ' 'DIUI I UI dll UI part UI LIIC VVUI IS., and suspel IU the VIJIV 1 RAC I OR s services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the OWNER, its agents and employees,the OWNER's other contractors, E/A and E/A's consultants access to the site to enable the OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the r-. Work. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones), or claims of damage because of any delay in the performance of the Work attributable to the exercise by the OWNER of the OWNER's rights and remedies hereunder. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Application for Progress Payment: 14.1.1 Not more than once per month, the CONTRACTOR shall submit to Owner's Representative for review an Application for Payment, in a form acceptable to the OWNER,filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 14.1.2 Such applications shall not include requests for payment on account of changes in the Work which have been properly authorized by Change Directives but not yet included in Change Orders. 14.1.3 Such applications shall not include requests for payment of amounts the CONTRACTOR does not intend to pay to a Subcontractor or Supplier because of a dispute or other reason. 14.1.4 Owner will not pay for materials or equipment not incorporated in the work but delivered and suitably stored at the site or at another location. Payment will be made by Owner only for work completed in accordance with the plans and contract documents. 14.1.5 Where the original Contract Amount is less than $400,000, the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less ten percent(10%)of the amount thereof,which ten percent (10%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. Where the original Contract Amount is$400,000 or more,the OWNER will pay to the CONTRACTOR the total amount of approved Application for Payment, less five percent (5%) of the amount thereof, which five percent(5%)will be retained until final payment, less all previous payments and less all sums that may be retained by the OWNER under the terms of this Agreement. In either case, if the Work is near completion and delay occurs due to no fault or neglect of the CONTRACTOR, the OWNER may pay a portion of the retained amount to the CONTRACTOR. The CONTRACTOR, at the OWNER's option, may be relieved of the 00700 11-2017 Page 33 General Conditions I obligation to complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due under the Contract subject to the conditions stated under paragraph 15.2. 14.1.6 Applications for Payment shall include the following documentation: .1 updated progress schedule; .2 monthly subcontractor report; and .3 any other documentation required under the Supplemental General Conditions. 14.2 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not. will pass to the OWNER not later than the time of payment to the CONTRACTOR free and clear of all liens. 14.3 Review of Applications for Progress Payment: 14.3.1 Owner's Representative will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a recommendation for payment and forward the Application for processing by the OWNER, or return the Application to the CONTRACTOR indicating Owner's Representative's reasons for refusing to recommend payment. In the latter case,the CONTRACTOR may make the necessary corrections and resubmit the Application. 14.3.2 Owner's Representative's recommendation of any payment requested in an Application for Payment will constitute a representation by Owner's Representative, based upon Owner's Representative's on-site observations of the executed Work and on Owner's Representative's review of the Application for Payment and the accompanying data and schedules, that to the best of Owner's Representative's knowledge, information and belief: .1 the Work has progressed to the point indicated; and .2 the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for unit price Work, and to any other qualifications stated in the recommendation). 14.3.3 By recommending any such payment, Owner's Representative will not thereby be deemed to have represented that: .1 exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work; .2 examination has been made to ascertain how or for what purpose the CONTRACTOR has used money previously paid on account of the Contract Amount: .3 the CONTRACTOR's construction means. methods, techniques, sequences or procedures have been reviewed; or .4 that there may not be other matters or issues between the parties that might entitle the CONTRACTOR to be paid additionally by the OWNER or entitle the OWNER to withhold payment to the CONTRACTOR. 14.4 Decisions to Withhold Payment: 14.4.1 The OWNER may withhold or nullify the whole or part of any payment to such extent as may be necessary on account of: 00700 11-2017 Page 34 General Conditions r— .1 defective Work not remedied; .2 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Amount; .3 damage to the OWNER or another contractor; .4 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; .5 failure of the CONTRACTOR to submit a schedule of values in accordance with the Contract Documents; failure ilu of the CONTRACTOR CTOR submit submittal schedule accordance with the Contract .6 Ti:711Uf�'+ 11 le' I,VIV 1 fC/'1l�I V R to a schedule in accordance Ivy. with� the vv............ -j Documents; .7 failure of the CONTRACTOR to submit or update construction schedules in accordance with the Contract Documents; .8 failure of the CONTRACTOR to maintain a record of changes on drawings and documents; .9 failure of the CONTRACTOR to maintain weekly payroll reports; .10 failure of the CONTRACTOR to submit monthly subcontractor reports; .11 the CONTRACTOR's neglect or unsatisfactory prosecution of the Work, including failure to clean up; or .12 failure of the CONTRACTOR to comply with any provision of the Contract Documents. 14.4.2 When the above reasons for withholding payment are removed, the CONTRACTOR shall resubmit a statement for the value of Work performed. Payment will be made within thirty (30) calendar days of receipt of approved Application for Payment. 14.5 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of a sum named in any Application for Payment within thirty(30)calendar days after the day on which the OWNER received the mutually acceptable Application for Payment,then the OWNER will pay to the CONTRACTOR, in addition to the sum shown as due by such Application for Payment, interest thereon at the rate of one percent (1%) per month from date due until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment. 14.6 Arrears: No money shall be paid by the OWNER upon any claim, debt, demand or account whatsoever, to any person, firm or corporation who is in arrears to the OWNER; and the OWNER shall be entitled to counterclaim and offset against any such debt, claim, demand or account so in arrears and no assignment or transfer of such debt, claim, demand or account, shall affect the right of the OWNER to so offset said amounts, and associated penalties and interest if applicable, against the same. 14.7 Substantial Completion: 14.7.1 If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to accept separately, is 00700 11-2017 Page 35 General Conditions substantially complete, the CONTRACTOR shall notify Owner's Representative and request a determination as to whether the Work or designated portion thereof is substantially complete. If Owner's Representative does not consider the Work substantially complete, Owner's Representative will notify the CONTRACTOR giving reasons therefor. Failure on the OWNER's part to list a reason does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. After satisfactorily completing items identified by Owner's Representative, the CONTRACTOR shall then submit another request for Owner's Representative to determine substantial completion. If Owner's Representative considers the Work substantially complete, Owner's Representative will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final payment, shall ,--. establish the time within which the CONTRACTOR shall finish the punch list, and shall establish responsibilities of the OWNER and the CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the Contract Documents. The certificate of Substantial Completion shall be signed by the OWNER and the CONTRACTOR to evidence acceptance of the responsibilities assigned to them in such certificate. 14.7.2 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER will allow the CONTRACTOR reasonable access to complete or correct items on the punch list. 14.8 Partial Utilization: [1] The OWNER, at the OWNER's sole option, shall have the right to take possession of and use any completed or partially completed portion of the Work regardless of the time for completing the entire Work. The OWNER's exercise of such use and possession shall not be construed to mean that the OWNER acknowledges that any part of the Work so possessed and used is substantially complete or that it is accepted by OWNER, and the OWNER's exercise of such use and possession shall not relieve the CONTRACTOR of its responsibility to complete all Work in accordance with the Contract Documents. _I 14.9 Final Inspection: Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, Owner's Representative will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: The CONTRACTOR may make application for final payment following the procedure for progress payments after the CONTRACTOR has completed all such corrections to the satisfaction of Owner's Representative and delivered the following documents: .1 Three (3) complete operating and maintenance manuals, each containing maintenance and operating instructions, schedules. guarantees, and other documentation required by the Contract Documents; .2 Record documents (as provided in paragraph 6.10); .3 Consent of surety, if any, to final payment. If surety is not provided, complete and legally effective releases or waivers (satisfactory to the OWNER) of all claims arising out of or filed in connection with the Work; .4 Certificate evidencing that insurance required by the Supplemental General Conditions will remain in force after final payment and through any warranty period; .5 Non-Use of Asbestos Affidavit (After Construction); and 00700 11-2017 Page 36 General Conditions J .6 Any other documentation called for in the Contract Documents. 14.11 Final Payment and Acceptance: 14.11.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, Owner's Representative will recommend the final Application for Payment and thereby notify the OWNER,who will pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of the Contract. Ir- 14.11.2 As Contract Time is measured to Final Completion, Owner's Representative will issue a letter of final acceptance to the CONTRACTOR which establishes the Final Completion date and initiates any warranty period. _i_ _� to �__ taken ..I.. CONTRACTOR of its representatives I. 14.11.3 Final payment is considered have place when the or any negotiates the OWNER's final payment check, whether labeled final or not, for cash or deposits check in any 1. financial institution for its monetary return. 14.12 Waiver of Claims: 1 The making and acceptance of final payment will constitute: .1 a waiver of claims by the OWNER against the CONTRACTOR, except claims arising from unsettled claims, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any warranty specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and .2 a waiver of all claims by the CONTRACTOR against the OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.1 OWNER May Suspend Work Without Cause and for Convenience: At any time and without cause and for convenience, the OWNER may suspend the Work or any portion thereof for a period of not more than ninety(90)calendar days by written agreement or by Written Notice to the CONTRACTOR which will fix the date on which the Work will be resumed. The CONTRACTOR shall resume the Work on the date so fixed. The CONTRACTOR may be allowed an adjustment in the Contract Amount or an extension of the Contract Times,or both,directly attributable to any such suspension if the CONTRACTOR makes an approved Claim therefor as provided in Article 11 and Article 12. 15.2 OWNER May Terminate Without Cause: Upon seven (7) calendar days'Written Notice to the CONTRACTOR, the OWNER may,without cause and without prejudice to any right or remedy of the OWNER, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items): .1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; .2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and others to mitigate the OWNER's cost; and .3 for anticipated profits on entire Contract not previously paid. 00700 11-2017 Page 37 General Conditions 15.3 OWNER May Terminate With Cause: 15.3.1 Upon the occurrence of any one or more of the following events: .1 if the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents; .2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction; .3 if the CONTRACTOR disregards the authority of Owner's Representative; .4 if the CONTRACTOR makes fraudulent statements; .5 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within the Contract Time; .6 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the Contract; or .7 if the CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days'Written Notice terminate the services of the CONTRACTOR. The OWNER, at its option, may proceed with negotiation with surety for completion of the Work. Alternatively,the OWNER may under these circumstances exclude the CONTRACTOR from the site and take possession of the Work (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the OWNER has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the OWNER may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. 15.3.2 Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR and surety then existing or which may thereafter accrue. Any retention or payment of amounts due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability. In the event the OWNER terminates the Contract with cause. the OWNER may reject any and all bids submitted by the CONTRACTOR for up to three (3) years. 00700 11-2017 Page 38 General Conditions 15.4 CONTRACTOR May Stop Work or Terminate: If through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than ninety(90)calendar days by the OWNER or under an order of court or other public authority, or (except during disputes) Owner's Representative fails to forward for processing any mutually acceptable Application for Payment within thirty (30) calendar days after it is submitted, or(except during disputes)the OWNER fails for sixty(60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the CONTRACTOR may, upon seven(7)calendar days'Written Notice to the OWNER,and provided the OWNER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the OWNER payment on the same terms as provided in paragraph 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if(except during disputes) Owner's Representative has failed to forward for processing any mutually acceptable Application for Payment within thirty(30) calendar days after it is submitted, or (except during disputes) the OWNER has failed for sixty (60) calendar days after it is submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, the CONTRACTOR may upon seven (7) calendar days' Written the OWNER stop the Work until payment al! amounts due the Written l Notice to the OWNER VI VLI\ JIVF, the Work Vl f\ payment�t of u�� such ..... CONTRACTOR, including interest thereon. The provisions of this paragraph 15.4 are not intended to preclude the CONTRACTOR from making a Claim under Article 11 and Article 12 for an increase in Contract Amount or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16-DISPUTE RESOLUTION 16.1 Filing of Claims: 16.1.1 Claims arising from the circumstances identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2, 6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2, 15.3, or 15.4, or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within thirty (30) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. Notice of the amount of the Claim with supporting data shall be delivered within thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the adjustment claimed covers all known amounts to which claimant is entitled. r- 16.1.2 Within thirty(30)calendar days of receipt of notice of the amount of the Claim with supporting data, Owner's Representative and the CONTRACTOR shall meet to discuss the Claim, after which an offer of settlement or notification of no settlement offer will be made to claimant. If claimant is not satisfied with the proposal presented, claimant shall have thirty (30)calendar days in which to: .1 submit additional supporting data requested by the other party; .2 modify the initial Claim; or .3 request Alternative Dispute Resolution. 16.2 Alternative Dispute Resolution: 16.2.1 If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other available remedies. The OWNER reserves the right to include E/A as a party. 16.2.2 Negotiating with Previously Uninvolved Personnel: Either party may make a written request for a meeting to be held between representatives of each party within fourteen (14) calendar days of the request or such later period that the parties may agree to. Each party shall endeavor to include, at a minimum, one (1) previously uninvolved senior level decision maker empowered to negotiate on behalf of their organization. The purpose of this and subsequent meetings will be good faith negotiations of the matters constituting the dispute. Negotiations shall be concluded within thirty(30)calendar days of the first meeting, unless mutually agreed otherwise. This step may 00700 11-2017 Page 39 General Conditions be waived by written agreement of both parties, in which event the parties may proceed directly to mediation as described below. 16.2.3 Mediation: 16.2.3.1 If the procedure described in paragraph 16.2.2 proves unsuccessful or is waived pursuant to its terms, '�' the parties shall initiate the mediation process. The parties agree to select within thirty (30) calendar days one (1) mediator trained in mediation skills, to assist with resolution of the dispute. The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated ,., to act as mediator. Nothing in this agreement prevents the parties from relying on the skills of a person who also is trained in the subject matter of the dispute and/or a contract interpretation expert. 16.2.3.2 Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The parties hereby agree that mediation, at a minimum, shall provide for 1)conducting an on-site investigation, if appropriate, by the mediator for fact-gathering purposes, 2) a meeting of all parties for the exchange of points of view and 3) separate meetings between the mediator and each party to the dispute for the formulation of resolution alternatives. The parties agree '-` to participate in mediation in good faith for up to thirty(30)calendar days from the date of the first mediation session, unless mutually agreed otherwise. Should the parties fail to reach a resolution of the dispute through mediation, then each party is released to pursue other remedies available to them. r- 1 ARTICLE 17—RIGHT TO AUDIT 17.1 Right to Audit: Whenever the OWNER enters into any type of contractual arrangement with the CONTRACTOR, then the CONTRACTOR's "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. The OWNER's representative, or an outside representative engaged by the OWNER, may perform such audits. The CONTRACTOR shall maintain all records relating to this Agreement for four (4) years from the date of final payment under this Agreement, or until pending litigation has been completely and fully resolved, whichever occurs later. 17.1.1 The OWNER shall have the exclusive right to examine the records of the CONTRACTOR. The term "records"as referred to herein shall include any and all information, materials and data of every kind and character, including without limitation records, books, papers, documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may, in the OWNER's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document. Such records shall include (hard copy, as well as computer-readable data if it can be made available), written policies and procedures, time sheets, payroll registers, cancelled checks, personnel file data, correspondence, general ledger entries, and any other record in the CONTRACTOR's possession which may have a bearing on matters of interest to the OWNER in connection with the CONTRACTOR's dealings with the OWNER (all of the foregoing are hereinafter referred to as "records"). In addition, the CONTRACTOR shall permit interviews of employees as well as agents, representatives, vendors, subcontractors and other third parties paid by the CONTRACTOR to the extent necessary to adequately permit evaluation and verification of the following: a) The CONTRACTOR's compliance with contract requirements; b) The CONTRACTOR's compliance with the OWNER'S business ethics policies; and J c) If necessary, the extent of the Work performed by the CONTRACTOR at the time of contract termination. 17.1.2 The CONTRACTOR shall require all payees(examples of payees include subcontractors, insurance agents, material suppliers, etc.) to comply with the provisions of this Article 17 by securing the requirements hereof in a 00700 11-2017 Page 40 General Conditions � i r-, written agreement between the CONTRACTOR and payee. Such requirements include a flow-down right of audit provision in contracts with payees that also apply to subcontractors and sub-subcontractors, material suppliers, etc. The CONTRACTOR shall cooperate fully and shall require Related Parties and all of the CONTRACTOR's subcontractors to cooperate fully in furnishing or in making available to the OWNER from time to time whenever requested, in an expeditious manner, any and all such information, materials, and data. 17.1.3 The OWNER's authorized representative or designee shall have reasonable access to the CONTRACTOR's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement, and shall be provided adequate and appropriate work space in order to conduct • audits in compliance with this Article 17. 17.1.4 If an audit inspection or examination in accordance with this Article 17 discloses overpricing or overcharges of any nature by the CONTRACTOR to the OWNER in excess of one-half of one percent(.5%) of the total contract billings, then the reasonable actual cost of the OWNER's audit shall be reimbursed to the OWNER by the r-� CONTRACTOR and/or payments, must be made ac a result of any such audit nr inspection 1 VVIV 111/'1l�I VI\. Any adjustments and/or which ���............................. .......... .....� _�_.._.�._._ _. .. -,_ of the CONTRACTOR's invoices and/or records, shall be made within a reasonable amount of time (not to exceed 90 days)from presentation of the OWNER's findings to the CONTRACTOR. 17.1.5 The CONTRACTOR shall take reasonable actions to prevent any actions or conditions which could result in a conflict with the OWNER's best interests. These obligations shall apply to the activities of the CONTRACTOR's employees, agents, subcontractors, etc. in their dealings and relations with the OWNER's current and former r, employees and their relatives. For example,the CONTRACTOR's employees, agents or subcontractors should not make or provide to be made any employment, gifts, extravagant entertainment, payments, loans or other _. considerations to the OWNER's representatives, employees or their relatives. 17.1.6 It is also understood and agreed by the CONTRACTOR that any solicitation of gifts or any other item of value by anyone representing the OWNER is to be reported within two (2) business working days to the OWNER at the following telephone number: 512-218-5401. Failure to report any such solicitations or offers shall be deemed a material breach of contract entitling the OWNER to pursue damages resulting from the failure to comply with this provision. ARTICLE 18—MISCELLANEOUS 18.1 Venue: In the event of any suit at law or in equity involving the Contract, venue shall be in Williamson County, Texas and the laws of the state of Texas shall apply to Contract interpretation and enforcement. 18.2 Extent of Agreement: This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 18.3 Cumulative Remedies: The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. L 18.4 Severability: 00700 11-2017 Page 41 General Conditions L l_J If anyphrase, word, p e, clause, sentence or provision of the Contract, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, invalid or unenforceable, that finding shall only effect --� such word, phrase, clause, sentence or provision, and such finding shall not effect the remaining portions of this Contract; this being the intent of the parties in entering into the Contract; and all provisions of the Contract are declared to be severable for this purpose. 18.5 Independent Contractor The Contract shall not be construed as creating an employer/employee relationship,a partnership,or a joint venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR agrees and understands that the Contract does not grant any rights or privileges established for employees of the OWNER. 18.6 Prohibition of Gratuities The OWNER may, by Written Notice to the CONTRACTOR, terminate the Contract without liability if is determined by the OWNER that gratuities were offered or given by the CONTRACTOR or any agent or representative of the CONTRACTOR to any officer or employee of the OWNER with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such Contract. In the event the Contract is terminated by the OWNER pursuant to this provision, the OWNER shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the CONTRACTOR in providing such gratuities. 18.7 Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the OWNER who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any violation of this provision, with the knowledge, expressed or implied, of the CONTRACTOR shall render the Contract voidable by the OWNER. End of General Conditions j 00700 11-2017 Page 42 General Conditions I f� 00800 SUPPLEMENTAL GENERAL CONDITIONS 1 City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 - DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name (Representative): Travis Michel P.E. Firm: Lockwood,Andrews,and Newnam,Inc Address: 8911 N Capital of Texas Hwy,Suilding 2,Ste.2300 City, State, Zip: Austin,TX 78759 Telephone: 512-338-4212 Facsimile: Email: TMMichel@Ian-inc.com 1.27 Owner's Representative: Add the following: Name: Danny Halden Title: City Engineer g� Address: 3400 Sunrise Road City, State, Zip: Round Rock,TX 78665 Telephone: 512-218-6610 Facsimile: Email: dhalden@roundrocktexas gov ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF five hundred AND NO/100 DOLLARS $500.00 PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669 C .i 00900 SPECIAL CONDITIONS J j SECTION 01-INFORMATION 01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five(5)counterpart(original signed) sets. The City will furnish to the Contractor two (2) sets of conforming Contract Documents and Specifications unless otherwise specified. C� 01-02 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the City. 01-03 LOCATION The location of work shall be as set forth in the Notice to Bidders and as indicated on the Plans. 01-04 USAGE OF WATER All water used during construction shall be provided by the City and shall be metered. The City shall specify the location from which the Contractor is to procure water.The Contractor shall be responsible for obtaining a bulk water permit from the City and providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use no more water than reasonable to perform the work associated with this Contract and shall avoid waste. The Contractor will be required to pay for all water used if it is found that waste is occurring during construction. SECTION 02-SPECIAL CONSIDERATIONS 02-01 CROSSING UTILITIES Prior to commencing the Work associated with this Contract, it shall be the Contractor's responsibility to make arrangements with the Owners of 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. Provision of said utility services shall be subsidiary to the various bid items and no additional payment will be made for this item. 00900-1-2016 Page 1 Special Conditions 02-03 WAGE RATES Wage Rates (Information From Chapter 2258,Texas Government Code Title 10) ,-_ 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The State or any political subdivision of the State shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection(a)does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if a Contractor or Subcontractor in the execution of a contract for the public work with the State, a political subdivision of the State or any officer or public body of the State or a political subdivision of the State, employs the worker. r-- 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body, or a Subcontractor of the Contractor, shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 00900-1-2016 Page 2 g Special Conditions 2258.051.Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the Contractor under the contract, except that the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the Contractor has violated this chapter. Applicable wage rates to be used in Williamson and/or Travis County may be obtained from the U.S. Department of Labor website at the following web addresses: Construction Types: Heavy (Sewer/Water Treating Plant and .-1 Sewer/Incidental to Highway) http://www.wdol.gov/wdol/scafiles/davisbacon/TX33.dvb?v=0 �- Construction Types: Heavy and Highway http://www.wdol.gov/wdol/scafiles/davisbacon/TX1 6.dvb?v=0 Construction Type: Building http://www.wdol.gov/wdol/scafiles/davisbacon/TX76.dvb?v=1 02-04 LIMIT OF FINANCIAL RESOURCES The City has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the City may be required to change and/or delete any items which it 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 or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract,the City reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02-05 CONSTRUCTION REVIEW The City shall provide a project representative to review the quality of materials and workmanship. 02-06 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 City, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal 00900-1-2016 Page 3 Special Conditions 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. 02-07 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done,right- of-way for access to same and such other lands that are designated for the use of the 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. 02-08 DEVIATIONS OCCASIONED BY UTILITY.STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements 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 utilities and 7 appurtenances as determined by the Engineer, the Engineer and Contractor will make relocation arrangements with the utility owner. The Owner will not be liable for delay costs or damages due to relocations of utilities which hinder progress of the work. -� 02-09 CONSTRUCTION STAKING 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 and such staking shall be satisfactory to the Engineer.The Contractor shall consult with the Engineer and Owners representative in the field for assistance as necessary. Sufficient staking materials and equipment shall be provided by the Contractor including but not limited to: paint, flagging, laths,hubs, blue tops, nails, hammers, measuring chains or tapes, transits and levels. The Contractor shall be responsible for setting and marking control and off-set points for measuring distances and angles, for shooting levels, and for any other items pertaining to construction staking. This item shall not be paid for separately and shall be considered subsidiary to other bid items. I 00900-1-2016 Page 4 Special Conditions SECTION 03-ACCESS AND TRAFFIC CONTROL Access shall be provided for the public and emergency vehicles at all possible times. When it becomes necessary to restrict access, the Contractor shall notify the Owner and coordinate with the Owner, all applicable agencies (i.e. Fire Department, E.M.S., Public Works, etc.), residents, and affected parties. If emergency access is required during the work and such access is being hindered by the work, the Contractor will suspend the work if necessary, and otherwise endeavor to assist emergency personnel in accessing a location restricted by the work. Unless otherwise approved by the Engineer, at the end of each day all lanes of traffic shall be opened to the public. The Contractor shall ensure compliance at all times with the accepted Traffic Control Plan for the project and shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. These items shall be included in the bid item Traffic Control. -.l j J 00900-1-2016 Page 5 Special Conditions r-, r 01000 TECHNICAL SPECIFICATIONS J I r-� r-, ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The Work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The Round Rock Standard Specification Criteria Manual is hereby referred to and included in this contract as fully and to the same extent as if copied at length herein, and shall be applied to this project unless modified elsewhere as discussed below. The aforementioned Criteria Manual is the"Standard Specifications"section of the City of Round Rock Design and Construction Standards. The Standard Specifications may be accessed from the City of Round Rock website (www.roundrocktexas.gov) at the following web address: www.roundrocktexas.gov/dacs. Any adjustments,alterations,or additional information regarding Governing Technical Specifications are contained in the Plans (Drawings), Details and Notes described in Section 02000 of the Project Manual or are included in Attachment A at the end of this Technical Specifications Section. ' ITEM 2 CONTROL OF WORK 2.01 CLEAN-UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean-up the site promptly when notified to do so by the Engineer. The Contractor shall,at his own expense,maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, ' and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. I Page 1 01000-7-2015 Technical Specifications 00193116 2.01.2 BACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK L.J The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the City's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and City must be notified a minimum of 24-hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or City's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the — Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. Page 2 01000-7-2015 Technical Specifications 00193116 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES,PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right-of-way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control mea sures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. L, 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property comer monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense,make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall,at his own expense,provide additional space as necessary for his operations and storage of materials. • J ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee,manufacturer,or dealer,such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the City to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to Page 3 01000-7-2015 Technical Specifications 00193116 n l� establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper" or"equal to" are used,they shall be understood to mean that the item referred to shall be "proper", the "equivalent" of, or"equal to" some other item, in the opinion or judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the r material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the l use of such specifically designated material, article or process. r,I I` J J Page 4 01000-7-2015 Technical Specifications 00193116 J Attachment A To Technical Specifications for Oak Bluff and Greenfield Drainage Improvements r The specifications in this Attachment A are intended as modifications, alterations or additions to the Governing Technical Specifications for Items 700 "Mobilization" and 803 "Barricades, Signs and Traffic Handling"; and were prepared by me or under my responsible supervision. P� 0 F,6■7 7`0 -.4 1• I.f/. .• .................a.#/ DANIEL LYNNoHALDEN . C�0 63225 a0000000000 SF ! rER \�73/ 0 1‘UNAL E� l 0 174 1 Daniel Lynn Halden, P. ., City Engineer Date City of Round Rock Utilities and Environmental Services Department I. Item No. 700 Mobilization 1. Delete the phrase quotation"Total Mobilization Payment" in its entirety and replace with the word quotation"Mobilization" throughout the entire specifications for this Item. 2. Delete the first and second paragraphs (through item no. 2) under Section 700.3 Payment in their entirety and replace with the following: The adjusted contract amount as used below is defined as the total amount of all Bid Items for the awarded portion of the Work represented by the section of the Bid Form in which "Mobilization" is included as a pay item, less the lump sum bid shown for said pay item "Mobilization" and any payments for materials or equipment not yet incorporated in said 1 portion of the Work. Payment for "Mobilization" will be comprised of the "Initial Mobilization Payout" and the remainder (the difference between the total price shown in the Bid Form for "Mobilization" and the "Initial Mobilization Payout"), as described below, if applicable. "Initial Mobilization Payout" as used below is defined as: l 1. 8°0 of the total amount of all Bid Items for the awarded portion of the Work represented by a section of the Bid Form in which"Mobilization" is included as a pay item, when said total amount is $ 0.5 million or less; or 2. 4% of the total amount of all Bid Items for the awarded portion of the Work represented by a section of the Bid Form in which"Mobilization" is included as a pay item, when said total amount is greater than$ 0.5 million. .J Page 1 of 3 Io J II. Item No. 803 Barricades,Signs and Traffic Handling .,i 1. Add the following at the end of Section 803.2 Submittals: B. Traffic control plans prepared by an engineer licensed in the State of Texas if indicated in the Bid Item for Barricades, Signs and Traffic Handling in the Bid Form. 2. Delete the first sentence of the second paragraph in Section 803.4 Construction Methods in its entirety and replace with the following: The Contractor shall be responsible for the installation of all markers, signs and barricades in accordance with the submitted traffic control plans, if required as part of the Bid Item for Barricades, Signs and Traffic Handling,and the Drawings,if applicable; and in conformance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and/or as indicated on said submitted traffic control plans, the Drawings or directed by the Engineer or designated representative. 3. Delete Sections A, B, and C under Section 803.6 Measurement in their entirety and replace with the following: A. Pavement Markings. All pavement marking required for proper installation of the designated Traffic Control Plans and Details, as well as required removal of existing pavement marking, that are associated with a Bid Item for Barricades, Signs and Traffic Handling will not be measured and paid for separately but shall be subsidiary to and included with said Bid Item. B. Barricades, Signs and Traffic Handling. All work performed and material furnished as prescribed by this item, the submitted traffic control plans, if required as part of a Bid Item for Barricades,Signs and Traffic Handling, and'or City of Round Rock Standard Details, details shown on the Drawings,details contained in the Project Manual, or indicated in the MUTCD shall be measured by the lump sum. When the item Barricades, Signs and Traffic Handling is measured and paid for by the lump sum, payment will consist of an "Initial Payment" defined as 109,o of the total amount for each such Bid Item shown in the Bid Form upon the Owner's receipt of acceptable engineered traffic control plans related to each such Bid Item that requires preparation and submission of engineered traffic control plans; and subsequent partial payments of the remaining 90% (or the entire item if engineered traffic control plans are not required)measured and paid for based on the completed percentage of the awarded portion of the Work represented by the section of the Bid Form in which "Barricades, Signs and Traffic Handling" is included as a pay item, regardless of the number of set-ups or locations where construction is occurring, less any previous partial payments of the remaining 90% (or entire item if engineered traffic control plans are not required) made, provided that the Contractor has not Page 2 of 3 stopped the Work for reasons other than stoppage caused by inclement weather or at . 1 the request of the Owner. Upon the Contractor's achievement of Final Completion of the Work, the amount paid by the Owner for each Bid Item for Barricades, Signs and Traffic Handling shall be equal to the lump sum amount shown in the Bid Form for each such Bid Item, except when adjustments to an applicable Bid Item is necessary as shown in a properly executed change order. C. Safety Fencing. Any Safety Fencing that is associated with a Bid Item for Barricades, Signs and Traffic Handling will not be measured and paid for separately but shall be subsidiary to and included with said Bid Item. 4. Delete all paragraphs under Section 803.7 Payment in their entirety and replace with the following: JThe work performed and materials furnished as prescribed by this item, measured as provided under section "803.6 Measurement" shall be paid for at the contract unit price Pfor Barricades, Signs and Traffic handling. This unit price shall include full compensation for preparing and submitting engineered traffic control plans acceptable to the Owner, if indicated in the Bid Item; furnishing and placement of all materials and ^1 for all labor, tools, equipment, and incidentals necessary to complete the work. Payment will be made under: Barricades, Signs, and Traffic Handling Per Lump Sum Page 3 of 3 } - 1 02000 PLANS, DETAILS AND NOTES I If applicable, insert reference(s) to project plans; details; and notes Oak Bluff and Greenfield Drainage Improvements Section 02000 consists of the following: Ik 1. "Subsurface Investigation and Drainage Channel Improvements and Pavement Design for Oak Bluff/Greenfield Drainage Improvements County Road 123 Round Rock, Texas" as prepared by Holt Engineering, Inc. dated February 21, 2019, consisting of 21 pages; see note below. NOTE: The Bidder/Contractor shall be aware that materials and conditions that will be encountered during prosecution of the Work may differ significantly from those indicated in this geotechnical information and should consult with engineering professionals or have other studies performed in order to obtain the specific information desired or preferred. The Owner makes no warranty, expressed or implied, regarding this geotechnical information. 2. Storm Water Pollution Prevention Plan(SWP3) consisting of 1 cover/notes page, 23 SWP3 pages, 1 Construction Site Notice page, and 6 Notice of Intent ' pages. 3. Construction details consisting of 1 cover page and 14 detail pages. 4. The Drawings (Plans) entitled "Oak Bluff and Greenfield Drainage Impovements" prepared by Lockwood, Andrews, &Newnam, Inc., as accepted by the City of Round Rock by signature on September 24, 2019, consisting of 49 pages, under separate cover. SUBSURFACE INVESTIGATION AND t, DRAINAGE CHANNEL IMPROVEMENTS AND PAVEMENT DESIGN FOR OAK BLUFF/GREENFIELD DRAINAGE IMPROVEMENTS COUNTY ROAD 123 ROUND ROCK,TEXAS REPORT FOR: LOCKWOOD ANDREWS AND NEWMAN 8911 N. CAPITAL OF TEXAS HIGHWAY BUILDING 2 SUITE 2300 AUSTIN,TEXAS 78759 PREPARED BY: —;"s.OF 7 STEVE B JOHNSON • 74472 tiC STEVE B. J NSON,P.E. .. GEOTECHNICAL DIVISION MANAGER HOLT ENGINEERING, INC. TBPE FIRM REGISTRATION NO. F-430 i FILE NO. 09-31318 J REVISED 21 FEBRUARY 2019 ®� 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166 Fax(512)447-0852 ENGINEERING,[NC. ►"t TABLE OF CONTENTS PAGE INTRODUCTION 1 SCOPE 1 SITE DESCRIPTION 2 LABORATORY TESTS 2 SUBSURFACE CONDITIONS 2 DISCUSSION 3 PAVEMENT DESIGN 7 PAVEMENT CONSTRUCTION RECOMMENDATIONS 8 LIMITATIONS 9 APPENDIX .� ITEM SELECT FILL SPECIFICATIONS I IONS 1 GENERALIZED BORING LOCATION PLAN AND PROJECT PLAN 2 J LOGS OF BORINGS (3)AND BORING LOGS-TERMS & SYMBOLS 3 J J ®� 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166 Fax(512)447-0852 ENGINEERING,INC. SUBSURFACE INVESTIGATION AND DRAINAGE CHANNEL IMPROVEMENTS AND PAVEMENT DESIGN FOR OAK BLUFF/GREENFIELD DRAINAGE IMPROVEMENTS COUNTY ROAD 123 ROUND ROCK, TEXAS INTRODUCTION An exploration of subsurface soil conditions was performed for the proposed Oak Bluff/ Green Field Drainage Improvements located on County Road 123 in Round Rock, Texas. The investigation was authorized by Mr. Brian Reis, P. E. Manager of Lockwood TAndrews and Newnam, Inc. in a contract on 30 November 2017 in accordance with our proposal. The purpose of this exploration was to determine subsurface materials at the site in r-- order to provide drainage channel and culvert recommendations and to provide criteria for pavement design. SCOPE The following were performed in conjunction with this report: A. The laying out,drilling and logging of three soil borings to depths of 15 feet to 30 feet each near the proposed drainage structures. B. Samples were taken where possible. Standard penetration tests were performed, and grab samples were taken off the auger flights. C. Water level measurements were made during the drilling operation and, if encountered, are noted on the Logs of Borings. D. Laboratory tests were performed on selected samples to determine moisture content,shear strength and percentage of fine and coarse grain materials. The results of the tests aided in the classification of soils 1 H ®� 1 2220 Barton Skyway Austin,Texas 78704 Ph (512)447-8166 Fax(512)447-0852 ENG[NEERIIVG_INC. and defined the specific properties of the soil. E. Pavement design recommendations are provided based on existing soil conditions, laboratory test results, and complying with the minimum standards outlined in the City of Round rock DACS Manual. F. Making foundation recommendations based on engineering analysis of field notes and laboratory test results. SITE DESCRIPTION The site of the proposed new drainage improvements is located south of County Road 123 and north east of Evergreen Drive in round Rock,Texas. A new culvert and junction box are planned at County Road 123 to replace existing culverts. Head walls are planned at the outfall structure at each end of the new box culvert proposed along Evergreen Drive. The site conditions at the new channel easement consist of mostly wooded areas at the back residential n lots. LABORATORY TESTS The following laboratory tests were run on selected samples: 1. Moisture Content(ASTM D2216) 2. Minus 200-Mesh Sieve(ASTM D422) 3. Atterberg Limits (ASTM D4318) These tests were performed together with visually inspecting and classifying the soils in general accordance with ASTM D2487 and described as recommended in ASTM D2488. Results of these tests were used to determine the foundation design criteria such as bearing capacity and the potential for settlement or heave. SUBSURFACE CONDITIONS The subsurface soil conditions are described in more detail by the attached soil-boring logs. The location of the borings is shown in the attached Generalized Boring Location Plan. HENGINEERINGOLNC. 2 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166 Fax(512)447-0852 .( aI Some variation in soil conditions were found across the site. In boring B-01 dark brown lean sandy clay is found on the surface to a depth of 1.5 feet. Below this a tan sand with gravel is found to a depth of 10 feet and overlies tan to gray limestone rock that extends to termination of the boring at a depth of 30 feet. In borings B-02 and B-03, 2.75 inches to 3.25 inches of asphalt is found on the surface overlies base material that varies from 5.25 inches to 20.75 inches. Below the paving in B-02,dark brown silty clay is found and extends to a depth of 2 feet and overlies tan lean clay that extends to a depth of 9.5 feet. In boring B-03 below the paving layer light brown very silty sand is found and extends to a depth of 4 feet and overlies tan lean clay that extends to a depth of 8 feet. In both B-02 and B-03 a formation of tan to gray limestone rock is found at a depth of 8 feet to 9.5 feet and that extends to termination of the borings at 15 feet to 20 feet. The dark brown sandy silty clays contain varying amounts of sand and gravel and considered geologically to be alluvial deposits.These soils are low in plasticity,and plasticity Lindices range from 26 to 28. The tan and light brown sand is low in plasticity and contains small to medium gravel and is medium dense. The tan lean clay is low in plasticity and is stiff to very stiff The tan and gray limestone rock is medium hard with thin fractured layers and considered geologically to be that of the Austin Chalk Formation. Groundwater was encountered in boring B-02 at a depth of 11 feet and all other holes were dry. Groundwater levels will vary with seasonal weather conditions as water migrates through the fractures,seams and joints in the rock and the interface of the rock and the alluvial soils above. The soil conditions described are based on a few widespread soil borings over a relatively large area. Variations may occur between the borings. The stratification of the soils shown on the Logs of Borings represents the soil conditions at the actual boring locations. DISCUSSION It is our understanding the project will consist of 1)installing two new 6 foot by 6 foot box culverts,with headwalls and junction box at County Road 123 to replace existing culverts 2) installing a new 72 inch diameter storm drain line extending south from the county road l H �� 3 J 2220 Barton Skyway Austin,Texas 78704- Ph (512)447-8166 Fax(512)447-0852 ENGINEERING.INC. with a second junction box, 3) new storm sewer line with one proposed 7 Ft. x 4 Ft. box culvert along Evergreen Drive with headwalls at each end of the drain pipe.There will also be a short section of 72-inch corrugated metal pipe installed in the east-west drainage channel to be routed around an existing shed. Box Culvert/Junction Box Recommendations at CR 123 and 72 inch Drain Line Based on the plans provided there are new box culverts(2 at 6 Ft.by 6 Ft.)at CR 123 that will be overlying the existing 72-inch storm drain line.There will also be a new reinforced concrete junction box(JB"A")that will connect a proposed 72-inch line with the existing 72- inch pipe. The box culverts will be installed over the 72-inch line for a short portion of the alignment,with only about 11 inches of cover over the pipe. We expect a concrete cap will be needed under the box culvert where it overlies the existing 72-inch drain line and should consist of reinforced concrete or flowable fill. The remaining portion of the culverts will be bearing at or near the top of the tan limestone rock. We recommend gravel bedding be used under the culvert and the junction box and consist of 3/4 inch bedding stone and range in thickness from approximately 8 inches to 16 inches thick over the top of the limestone. An allowable uniform bearing value of 1,500 PSF maybe assumed for the bedding stone,flowable fill or concrete. We recommend the headwall footings be seated a minimum of 12 inches into the tan limestone rock and sized for an allowable bearing value of 2,500 PSF. Footings should be swept or blown clean with compressed air concrete placed directly onto the exposed limestone. Backfill for the box culvert,junction boxes,wing walls and headwalls should consist of a low P.I.(P.I.3 to 18)well graded soil meeting the attached Select Fill Specifications and compacted in 8-inch lifts to 95%of the maximum dry in weight in accordance with TEX-113- E test method. Moisture content should be within 3% of optimum. On-site soils and limestone rock excavated from the channel may be used for Select Fill provided it is processed and screened and tested to verify it meets specifications. The material must be approved by the Project Engineer.Allow 7 to 10 working days for laboratory testing of stockpiled material. It should also be noted a second junction box(JB-"B")is to be installed on the south J tJL ENGINEERING,INC. 4 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166 Fax(512)447-0852 J,J r"t end of the existing 72-inch storm drain line.We also recommend the bedding material for this box consist of 3/inch bedding stone and range in thickness from approximately 8 inches to 16 inches thick over the top of the limestone or undisturbed soil. 72-inch Corrugated Metal Pipe (CMP) It is our understanding a new 72-inch corrugated metal pipe will be installed as part of this project. Installation and construction of the pipe should meet City of Round Rock Item No. 510.3. Pipe bedding should consist of uncrushed gravel or stone screenings and should be compacted in loose lifts not exceeding 8 inches in order to provide unifoini support for the pipe,prevent settlement and eliminate voids. On-site soils are suitable for trench backfill provided soils are processed to remove large rock greater than 3 inches. The remaining portion of the trench outside of the roadway should be compacted to 85% of the maximum dry in weight in accordance with JTEX-113-E test method.The remaining portion of the trench in the roadway with a P.I. less than 20 should be compacted to 95%of the maximum dry in weight in accordance with TEX- 113-E test method.The remaining portion of the trench in the roadway with a P.I.greater than 20 should be compacted to 95%to 102%of the maximum dry in weight in accordance with TEX-113-E test method.Moisture content should be optimum to plus 2% of optimum. Box Culvert at Evergreen Street It is our understanding there will be one 4 Ft.x 7 Ft.box culvert with a headwall on the end of the line. We expect the box culvert will be bearing at or near the top of the tan limestone rock. We recommend gravel bedding be used under the culvert and consist of 3/ inch bedding stone be used, and range in thickness from approximately 8 to 16 inches thick. lAn allowable uniform bearing value of 1,500 PSF may be assumed for the bedding stone. We J recommend the headwall fo otings be seated a minimum of 12 inches into the tan limestone rock and sized for an allowable bearing value of 2,500 PSF. Footings should be swept or J blown clean with compressed air p concrete placed directly onto the exposed limestone. The bottom of the junction box at this location should also bear directly on the limestone rock as ®� 5 1 ENGINEERING,INC. 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166-Fax(512)447-0852 J described above. Backfill for the box culvert,wing walls and headwalls should consist of a low P.I.(P. I. 3 to 18)well graded soil meeting the attached Select Fill Specifications and compacted in 8- inch lifts to 95%of the maximum dry in weight in accordance with TEX-113-E test method. Moisture content should be within 3% of optimum. On-site soils and limestone rock excavated from the channel maybe used for Select Fill provided it is processed,screened and tested to verify it meets specifications. The material must be approved by the Project Engineer. Allow 7 to 10 working days for laboratory testing of stockpiled material. Culvert Head Wall and Wing Walls We expect reinforced concrete head walls and wing walls will be used on the upstream and downstream ends of the culverts. The wall footings should be seated a minimum of 18 inches into the undisturbed limestone rock and sized for an allowable bearing value of 3,500 PSF. We recommend a key be used under the bottom of the footings and should be a minimum of 12 inches deep and a lateral bearing value of 800 PSF may be assumed for the face of the key in the limestone rock. A friction factor of 0.5 may be assumed for the footing bottom. Backfill for the box culvert,wing walls and headwalls should consist of a low P.I.(P. I.3 to 18)well graded soil meeting the attached Select Fill Specifications and compacted in 8- inch lifts to 95%of the maximum dry in weight in accordance with TEX-113-E test method. Moisture Content should be within 3% of Optimum. On-site soils and limestone rock excavated from the channel may be used for Select Fill provided it is processed and screened and tested to verify it meets specifications. The material must be approved by the Project Engineer. Allow 7 to 10 working days for laboratory testing of stockpiled material. The final 18 inches of subgrade backfill,under the roadway pavement section at C.R. 123 and Evergreen Drive, should consist of crushed limestone rock base (Flexible base) meeting TX Dot Standard Specifications,Item 247,Grade A,Type 1-2 or 5 and compacted in 8-inch lifts to 95%of the maximum dry in weight in accordance with TEX-113-E test method. Moisture Content should be within 3%of Optimum. Gravel backfill at the base of the wing -1 oLNC. 6 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166 Fax(512)447-0852 ENGINEERING.I J walls along with weep holes should be considered to prevent the buildup of hydrostatic pressure. Weep holes should be 2-inch diameter spaced at 4 feet to 6 feet on center and 12 inches above finished grade. Gravel backfill at the base of the wall above the footing should consist of one-inch diameter free draining rock,a minimum of 24 inches deep,and 18 inches wide for the length of the wall. The gravel envelope should be wrapped in filter fabric. Assuming the above backfill and drainage conditions are used the walls may be designed for an equivalent fluid pressure of 50 PCF for the active condition and 65 PCF for the at-rest condition. Our recommendations are based on a few widespread soil borings over a relatively large area. Variations may occur between the borings. The stratification of the soils shown on the Logs of Borings represents the soil conditions at the actual boring locations.We request to have an engineer or engineering technician from Holt present during subgrade excavation to confirm the soils conditions are consistent across the site and are consistent with the soils encountered in our borings. PAVEMENT DESIGN We expect the backfill over the culverts below the street crossings will be low l plasticity select fill. Considering the recommended minimum thicknesses required in the City of Round rock Transportation Manual(DACS)we recommend the following pavement repair j thickness for each of the streets at the culvert crossings: County Road 123—Local Collector Street-ADT 3,000 vpd Materials Thickness Crushed Limestone Base 12.0 inches 1 Hot Mix Asphaltic Concrete 2.5 inches Evergreen Drive—Local Residential Street--ADT<750 vpd J 7 ENGINEERING.i IC �I..r. 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166 Fax(512)447-0852 J Materials Thickness Crushed Limestone Base 8.0 inches Hot Mix Asphaltic Concrete 2.0 inches PAVEMENT CONSTRUCTION RECOMMENDATIONS Pavement should be constructed and tested to meet the following requirements: 1. Hot Mix Asphaltic Concrete Surface All materials and placement of asphalt shall conform to all specifications and test methods outlined in TxDOT Standard Specifications for Construction of Highways,Streets and Bridges, Item 340. Asphalt shall be compacted to a minimum of 91% and a maximum of 96%in accordance with TxDOT test method TEX-207-F/TEX-227-F. 2. Crushed Limestone Base—The crushed limestone base shall conform to City of Round Rock—(DACS)Standard Specifications Manual for, Item 210, Type A, Grade 1-2 or 5 and shall be obtained from an approved source and shall be free of all deleterious materials. The crushed stone base shall be compacted to a density to at least 100%of the maximum dry density as determined by TxDOT test method TEX- 113-E. Soil moisture should be within 3% of optimum. The base material should extend at least 18 inches behind the curb line. 3. Compacted Subgrade—The exposed subgrade should be prepared by removing any undesirable fill,or soft soils and compacting the upper 8 inches to a minimum of 95% of the maximum dry density as determined by TxDOT test method TEX-113-E. Soil moisture should Jbe within 3%optimum. 4. Culvert Backfill—The final 18 inches of subgrade backfill,under the roadway pavement section at C.R. 123 and Evergreen Drive, should consist of crushed limestone rock base(Flexible base)meeting TX Dot 8 ENGINEERING.INC. 2220 Barton Skyway Austin,Texas 78704-Ph.(512)447-8166 Fax(512)447-0852 Standard Specifications, Item 247, Grade A, Type 1-2 or 5 and 4.41 compacted in 8-inch lifts to 95% of the maximum dry in weight in accordance with TEX-113-E test method.Moisture Content should be within 3% of Optimum. _.J 5. Drainage—The street pavement shall be sloped or crowned for good drainage. 6. Testing — All subgrade preparation and base compaction should be inspected and tested by an engineering/testing laboratory. The minimum testing frequency is one test per 200 linear feet or minimum of three tests per site visit. 7. Street Embankments — Street embankments should be sloped away from the street where possible and no steeper than 4 (Horizontal)to 1 (Vertical). Embankments should be compacted to a minimum of 95% of the optimum dry weight in accordance with TxDOT test method TEX 114-E and moisture should be within 3%optimum. 8. Temporary Road Surface — For preliminary bidding purposes a temporary road surface to allow traffic over the culvert during construction may consist of 9 inches of asphalt stabilized base. This may be substituted for the 12 inches of crushed limestone base recommended above for the collector street when approved by the project Engineer. LIMITATIONS This geotechnical report has been prepared for the exclusive use of our client and the client's authorized design team in preparing the appropriate design and construction documents for this project. It is not intended for any other person's benefit. This report is based on specific project information provided by the client and/or design team as described herein. Any changes in the street configuration or site grading should be brought to our attention so that we may determine what impact the change may have on our conclusions and recommendations. We expect to review the final grading plan, headwall plans, culvert ou 2220 Barton Skyway Austin,Texas 78704- Ph.(512)447-8166 Fax(512)447-0852 ENGINEERING,INC. J 71 sections and pavement design plans to verify our recommendations are properly interpreted. Our analyses and recommendations are based on subsurface conditions encountered in our borings. Variations in soil conditions may occur between borings. If during construction the soil strata are found to differ from that reported here,we should be notified immediately. This report contains soil-boring logs which are for the purpose of arriving at culvert foundation design and channel construction and are not to be used by the excavation contractor in arriving at rock hardness or rock depth. The presence or absence of water in our borings might not represent the groundwater conditions under all seasonal conditions. No long-term groundwater monitoring was performed in the preparation of this report. This report is based on conditions that exist on the site at the time of our investigation. Changes to the project,the building site or adjacent properties may affect the reliability of our report. We expect the streets addressed in our report to be started or substantially completed within approximately 24 months of the issuance of our report. The geotechnical report and specific recommendations will need to be re-evaluated if construction is delayed by more than 24 months from the time of our report. Our report should not be used if the elapsed time of substantial completion exceeds 5 years without review or written consent from Holt p Engineering, Inc. The procedures,tests and recommendations of this investigation and report have been conducted and furnished in accordance with generally accepted professional engineering practices in the field of foundations,engineering soil mechanics and engineering g gY eolo . No vy other warranty is either expressed or implied. J oLNC. to 2220 Barton Skyway Austin,Texas 78704 Ph.(512)447-8166 Fax(512)447-0852 ENGINEERING,I APPENDIX ITEM I 111 ENGINEERING.INC. 2220 Barton Skyway—Austin,Texas—78704—Ph.(512)447-8166—Fax(512)447-0852 1 . SELECT FILL SPECIFICATIONS SELECT FILL Select fill as called for on the plans shall meet one of the following requirements(%Passing or % Retained) as verified by the Engineer when properly slaked and tested by standard laboratory methods: % Retained Or % Passing 2 1/2" Screen 0% 100% 1 1/2" Screen 0% - 25% 75% - 100% 7/8" Screen 15% - 55% 45% - 85% No. 4 Sieve 45% - 75% 25% - 55% No. 40 Sieve 60% - 90% 10% - 40% Material passing the No. 40 sieve shall have a minimum plasticity index of 3 and shall not have a plasticity index of greater than 18. COMPACTION OF FILL Select fill shall be placed in lifts not to exceed 8 inches loose measure and compacted to 95% or greater of the maximum dry density as determined in accordance with TxDOT test method TEX 113E. Field densities shall be checked in accordance with ASTM D-6938 (Nuclear Gauge)to ensure compliance with project specifications. Select fill should be processed and moisture conditioned as needed to meet requirements of project moisture specifications. Samples of fill shall be furnished to the testing laboratory seven prior s to installation to permit time for specification compliance, inspection, and approval. J l J ®LNC. 2220 Barton Skyway Austin,Texas 78704-Ph.(512)447-8166--Fax(512)447-0852 ENGINEERING.I APPENDIX ITEM 2 ®L 2220 Barton Skyway—Austin,Texas—78704—Ph.(512)447-8166- Fax(512)447-0852 ENGINEERING.INC. I 1 _ ,e,, .,. .,,.. ,k4...,..,,, , ,,,,,..,,, ,,,,, - .--, _, ,,,„, ,.,... . ,., ,. , ., . - ....< 7,1,, k e, •'-t's N A P ..• , fi.,,,, .1-D,'-., . ., = , ..,,,•:..1. '4-' '.* ,i 00 '4 - 24(.1,..-,. , .... :_ -.,,,, . ..:, -,,,i--..4.-.--- ,. ;.-, ... _ . �dvCh 4uT1''• ': ��:: • .l , t s 41 r ,-1} A ',''';'..;'-rf,..1.--1.:-*--",:: - -7 - ' , .11,.: ly., :,:k• . - ,,, '., ...:,•;•0., , w. , y r.•.r« ' ..?l�� y •i' ,c r, F`MI�`• ''� r.1-$kyaNF j a r r 1.> � r •. OC .. . ...,,..4...,,,,,,,-(„, .. ..4 cz ,t . f b# t 44` •• a• xass - fr., t> ,`far- set- -_ • . • • Am 4A ct i x {x r ,A • i > + /_ ,t, it ,�! i � �' z w 24 ems` ii ,. -.."-'. .'-"..:OF A'• i ' ': . ' :Ail ©:- w + + r4` s ;� ,1 MFhM�ll - 'F _ -fit. O C r� t _ .G r c • • L ! ti Q WCVM Q Ilik ` ,tit ;t , a • '• J O 'itilt ai. 4.`Ark ,k4. 4*; -If....rip:...:,,,-...: .:....' -- •,,-i ,., • 111"4„i gW Wh II8 LLl (y t:: r., v ' 0 Ci it .+' • ,r 1) • s R t ` • ... , .Y+ _1111 G 0) V I APPENDIX ITEM 3 H ®� 2220 Barton Skyway—Austin,Texas—78704—Ph.(512)447-8166—Fax(512)447-0852 ENGINEERING,INC. OAK BLUFF GREENFIELD LOG OF BORING B-01 COUNTY ROAD 123 ROUND ROCK, TEXAS NOTES: Hole dry upon completion of drilling operation DATE DRILLED: 09-17-18 BORING DEPTH:30.0 FEET DRILLER: Will McGee WATER LEVEL: ELEVATION: DRILLING METHOD: 4"Flight Augers LAT: LONG.: 67. W� U >- Ow W W �- QO g SOIL DESCRIPTION u)0 co� jw ,� D 7 v¢i O j~ Oz Z QZ o CO W o# 0 Yoy LEAN CLAY(CL), dark brown, very sandy, silty w/small to medium 13.9 44 26 47.8 gravel -0 • SAND, tan, very silty w/small to medium gravel. stiff 17 5.0 28 14 33.1 5— O O)c 28 a - oQ • 3.3 24 9 29.4 10- 0. 50/2" LIMESTONE,tan, medium hard li - I -- 10.2'- 14.5'-tan, medium hard, solid I -- 14.5'-30.0'-becoming gray, medium hard, solid z 15— I i g 50/1" W w - z 0 z - I W I- I o - I _ II 20— I Ig 50/1" o - I 0 a _ � I 0 25— I z 50/0" W I 'L - z W - I 0 � I m - I Y I 0 30 Terminated @ 30 feet 0 _ O z _ o 0 U- 0 35— o Holt Engineering Inc. Job -31318 Page� 1 of 1 TBPE Firm Registration No. F-430 OAK BLUFF GREENFIELD LOG OF BORING B-02 COUNTY ROAD 123 ROUND ROCK, TEXAS NOTES: Groundwater encountered at 11.0' during drilling operation DATE DRILLED: 09-17-18 BORING DEPTH: 15.0 FEET DRILLER: Will McGee WATER LEVEL: 11.0 FEET ELEVATION: DRILLING METHOD: 4"Flight Augers LAT: LONG.: U W 11-2 W U } U' w = J 0F. H^ F— a.. a Ux zW a ai O a_ up DESCRIPTION ccn �- w 1=p c�i)cn J 0 UH pV Q O. U`-- Oz 0cn �� Qz <o U' u J z J J N ( 03 W 0 o It U o 2 3/4"Asphalt -77 5 1/4" Base Fill-tan silt w/small limestone rock J 18.2 46 28 53.9 / LEAN CLAY(CL), dark brown, silty w/small to medium gravel LEAN CLAY(CL), tan, silty, firm 9 16 --7.0'-9.0'-moist 21.2 29 14 80.0 ///— , 10 LIMESTONE, tan, medium hard 50/3" I Water level 11.0 feet o I - I --9.5'- 14.0'-tan w/thin fractured layers o - I 0 I z 15— I ig 50/2" w - I z - I -- 14.0'-20.0'-becoming gray, hard, solid w _ I o II a I 20— Terminated @ 15 feet O - 0 ix 0 z - 0 ri 0 O 25— 0 — z W W _ cc (7 LL - L- I J _ m 0 30— _ O 0 z — 0 _ m — 0 O 35- 0 J No -31318 Holt Engineering Inc. Job Pa ea 9t of 1 TBPE Firm Registration No.F-430 OAK BLUFF GREENFIELD LOG OF BORING B-03 COUNTY ROAD 123 ROUND ROCK, TEXAS NOTES: Hole dry upon completion of drilling operation DATE DRILLED: 09-17-18 BORING DEPTH:20.0 FEET DRILLER: Will McGee WATER LEVEL: ELEVATION: DRILLING METHOD: 4"Flight Augers LAT: LONG.: } CJ W w w o U 1 H O w 0-1— —. CC a- p-- z> aa) <O g SOIL DESCRIPTION cnO vq E—w �� �� =p �� �-' Q (►- 0- (jr .� Wz Qo o (� U) O U Z cn J J -J d o J O J N CD 0 o k a 7117 3 1/4"Asphalt 20 3/4" Base Fill-light brown silt w/small to medium gravel -%�% SAND, light brown, very silty w/small to medium gravel 16 11.5 30 14 49.1 LEAN CLAY(CL), tan, silty, firm /1 10 X LIMESTONE, tan. medium hard 50/2" 10— I g 50/1" - l --8.0'- 11.0'-tan w/few thin fractured layers, medium hard a o - I -- 11.0'- 15.0'-becoming gray, medium hard, solid 15— I lg 50/0" W w Z c9 Z � I _ I i X I I 20 Terminated @ 20 feet 0 O - Z 0 N U O 25— J w z - w w _ Co w w J _ m o 30— C7 0 z - CE 0 — 0 0 35— No. Holt Engineering Inc. Job Pa e9 -31318 9' 1 of 1 TBPE Firm Registration No.F-430 BORING LOGS —TERMS & SYMBOLS SOIL TYPES Silt Clay Sand lop Silty Clay or i di Clayey Silt fl ' i Silty Sand Clayey Sand a Gravel 71Shale Qlimestone --- Crushed t- Tan Limestone Limestone Rock/Fragments a base w/Interbedded Silt Layers Silty clay '=&;= A0' . • ill Asphalt • : : : Sandstone �, Concrete w/Gravel p �: ,. SAMPLER TYPES 7 StandardH Rock Core Seamless Push Grab Sample Li Penetration Test Shelby Tube LPARTICLE SIZE (ASTM D2487) Boulders >12 in. Coarse Sand 5 mm—2 mm Silt 0.075 mm—0.005 mm Cobbles 12 in.—3 in. Medium Sand 2 mm—0.4 mm Clay <0.005 mm Gravel 3 in.—5 mm Fine Sand 0.4 mm—0.075 mm r_ STRENGTH OF COHESIVE SOILS DENSITY OF GRANULAR SOILS CONSISTENCY COMPRESSIVE STRENGTH NUMBER OF BLOWS RELATIVE (TSF) PER FT.,N DENSITY Very Soft <0.25 0—4 Very Loose Soft 0.25 to 0.50 4—10 Loose Firm 0.50 to 1.0 10—30 Medium Dense Stiff 1.0 to 2.0 30—50 Dense ^� Very Stiff 2.0 to 4.0 Over 50 Ver r•Dense Hard >4.0 Structure Description(ASTM D2488) Percentages of Sand& Gravel (ASTM D2488) Stratified Alternating layers of varying material or color with Trace <5% layers at least 6 mm thick Laminated Alternating layers of varying material or color with Few 5%to 10% the layers less than 6 mm thick Fissured Breaks along definite planes of fracture with little Little 15%to 25% resistance to fracturing -J Slickensided Fracture planes appear polished or glossy,sometimes Some 30%to 45% striated Blocky Cohesive soil that can be broken down into small Mostly 50%to 100% angular lumps which resist further breakdown Lensed Inclusion of small pockets of different soils,such as Criteria for Describing Moisture Conditions i small lenses of sand scattered through a mass of clay (ASTM D2488) Homogeneous Same color and appearance throughout Dry Absence of moisture,dusty,dry to the touch Moist Damp but no visible water Wet Visible free water,usually soil is below water table 2220 Barton Skyway■Austin,Texas 78704■Ph.(512)447-8166■Fax(512)447-0852 -' HEINCGINE°ERLING,ITC. Instructions for Oak Bluff and Greenfield Drainage Improvements TPDES SWP3 and MS4 The Contractor is alerted to the fact that the Owner(City of Round Rock)operates a Texas Pollution Discharge Elimination System (TPDES) (Phase II) Municipal Separate Storm Sewer System (MS4) as permitted by the State of Texas. Under the MS4 permit, the City is responsible for controlling discharge of pollutants to its storm water conveyances. The Contractor shall perform the Work under the Contract in such a manner that will minimize the potential for pollutants to be discharged to storm drains, inlets, channels or other MS4 conveyances, and in such a manner that pollutants are prevented from escaping the construction area. The Contractor shall comply with applicable State and City regulations regarding the MS4, and shall be responsible for corrective measures related to violations of regulations regarding the MS4. Hazardous materials shall be kept in proper containment.The Contractor shall immediately report to the City any spills of hazardous materials or pollutants and shall forthwith provide remediation of any such spill to protect the MS4, even if suspension of the Work is required. L. The TPDES Construction General Permit (CGP) Storm Water Pollution Prevention Plan (SWP3) for the Oak Bluff and Greenfield Drainage Improvements project is attached. The Owner is responsible for developing and revising the SWP3. The Contractor is responsible for complying with the requirements and conditions of the CGP and for all project activities and administration during construction until Final r- Completion to ensure compliance with the SWP3. The Contractor shall post weather- protected copies of both his NOI and the City's NOI provided to him in readily accessible and visible locations near all construction entrances installed at the project; the posting methods and locations shall be subject to the approval of the Owner. The items discussed above will not be measured and paid for separately;the costs for these items shall be borne by the Contractor and shall be subsidiary to the various items in the Bid Form under the Contract. J TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Construction General Permit Storm Water Pollution 10111. Prevention Plan (SWP3) Worksheets CORR Modified with CGP Renewal 2013 Texas Pollutant Discharge Elimination Systems r-. (TPDES) Construction General Permit Storm Water Pollution Prevention Plan (SWP3) Company: City of Round Rock Role: Owner Project Name: Oak Bluff and Greenfield Drainage Improvements and/or Other Operators: (General Contractor to be determined) Plan Date: September, 2019 J TEXAS COMMISSION ON ENVIRONMENTAL QUALITY • PO BOX 13087 • AUSTIN, TX 78711-3087 1 The TCEQ is an equal opportunity employer. The agency does not allow discrimination on the basis of race, color, religion, national J origin, sex, disability, age, sexual orientation, or veteran status. In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512-239-0028, fax 512-239-4488, or 1-800-RELAY-TX (TDD), or by writing PO Box 13087, Austin TX 78711-3087. We authorize you to use or reproduce any original material contained in this publication — that is, any material we did not obtain from other sources. Please acknowledge the TCEQ as your source. Printed on recycled paper. 1 J TPDES Construction General Permit Storm Water Pollution Prevention Plan Table of Contents Section Page Most Common Limitations of CGP Permit Coverage 1 Certification Page: Primary and/or Secondary operator 4 Site / Project Description: 1 Nature of Construction and List of Pollutants 5 2 Schedule or Sequence of Major Grading Activities 6 3 Acreage, Material Storage, and Soil Type 7 4 Location Map 8 5 Detailed Site Map 9 6 Site Description, Support Facilities 10 7 Copy of TXR150000, NOI, certificate, and/or site notice 11 Description of Best Management Practices: 8 Best Management Practices (BMPs), Erosion and Sediment Controls 12 9 BMPs, Off-site Transfer of Pollutant Controls 13 10 BMPs, Erosion Control and Stabilization Practices 14 11 Dates of Major Grading Activities and Construction Stoppage 14 12 Sediment Control Practices 15 13 Permanent Storm Water Controls 16 14 Other Storm Water Controls 16 15 Inspection of Controls 19 J16 List of BMPs for Eligible Non-Storm Water Discharges 21 17 Storm water runoff from Concrete Batch Plants 22 18 Concrete Truck Wash Out Requirements 22 J J 1 January 2011 1 TPDES Construction General Permit Storm Water Pollution Prevention Plan Most Common Limitations of CGP Permit Coverage Impaired Receiving Water and TMDL Requirements Part II, Sect. C.4. "New sources or new discharges of the pollutants of concern to impaired waters are not authorized by this permit unless otherwise allowable under 3o TAC Chapter 305 and applicable state law. Impaired waters are those that do not meet applicable water quality standards and are listed on the EPA approved CWA§3o3(d)List. Pollutants of concern are those for which the water body is listed as impaired. Discharges of the pollutants of concern to impaired water bodies for which there is a TMDL are not eligible for this general permit unless they are consistent with the approved TMDL. Permittees must incorporate the conditions and requirements applicable to their discharges into their SWP3, in order to be eligible for coverage under this general permit. For consistency with the construction stormwater-related items in an approved TMDL, the SWP3 must be consistent with any applicable condition,goal,or requirement in the TMDL,TMDL Implementation Plan(I-Plan), or as otherwise directed by the executive director." Discharges to the Edwards Aquifer Part II, Sect. C.S. "Discharges cannot be authorized by this general permit where prohibited by 30 TAC Chapter 213 (relating to Edwards Aquifer). In addition, commencement of construction(i.e.,the initial disturbance of soils associated with clearing,grading, or excavating activities, as well as other construction-related activities such as stockpiling of fill material and demolition) at a site regulated under 30 TAC Chapter 213,may not begin until the appropriate Edwards Aquifer Protection Plan(EAPP) has been approved by the TCEQ's Edwards Aquifer Protection Program. (a) For new discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone(CZ),operators must meet all applicable requirements of, and operate according to,30 TAC Chapter 213 (Edwards Aquifer Rule)in addition to the provisions and requirements of this general permit. (b) For existing discharges located within the Edwards Aquifer Recharge Zone,the requirements of the agency-approved Water Pollution Abatement Plan(WPAP)under the Edwards Aquifer Rule is in addition to J the requirements of this general permit. BMPs and maintenance schedules for structural stormwater controls,for example, may be required as a provision of the rule.All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in stormwater runoff are in addition to the requirements in this general permit for this pollutant." J J J j 2 January 2011 J TPDES Construction General Permit Storm Water Pollution Prevention Plan Protection of Streams and Watersheds by Other Governmental Entities Part II, Sect. C.7. "This general permit does not limit the authority or ability of federal, other state,or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. For example,this permit does not limit the authority of a home-rule municipality provided by Texas Local Government Code §401.002." Endangered Species Act Part II, Sect. C.11. "Discharges that would adversely affect a listed endangered or threatened aquatic or aquatic-dependent species or its critical habitat are not authorized by this permit,unless the requirements of the Endangered Species Act are satisfied. Federal requirements related to endangered species apply to all TPDES permitted discharges and site-specific controls may be required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species,the permittee may contact TCEQ for additional information." I 3 January 2011 TPDES Construction General Permit Storm Water Pollution Prevention Plan Certification Page I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Sign as required bY3o TAC.3o5.44(b)• Signed: c_betA...4.4.4.4-& hAQ — Date: 9 3a /`� Danny Ha n,P.E. City Engineer,City of Round Rock If plan is shared by more than one entity: Signed: Date: TPDES #: name title • Signed: Date: TPDES#: • name title Signed: Date: TPDES#: name title Primary Operators (General Contractor to be determined) City of Round Rock Texas 4 January 2011 J r», TPDES Construction General Permit Storm Water Pollution Prevention Plan Site Description Section 1 Part III, Sect. F.1.(a) Description of the general nature of construction activities: The project consist of channelization construction: excavation of soil and rock,placement of fill and embankment, construction of gabion or gravity block walls,placement of articulated concrete block or similar channel armoring, construction of concrete rip-rap,placement of rock rip rap,placement of permanent turf reinforcing matting, miscellaneous underground pipe construction,concrete manhole and fence construction, and re-vegetation of affected areas for permanent soil stabilization. Part III, Sect. F.Z.(b) List of ALL potential pollutants and their sources: Potential Pollutants Source Fuels, oils, and grease Construction vehicles and equipment Fertilizer Use during re-vegetation of construction-affected areas Sediment/total suspended solids Rain water runoff from earthwork areas Waterborne materials/sediments Potential pumping of excavations during construction Waterborne materials/sediments Watering to establish re-vegetation Concrete wash out Wash out during placement of concrete Concrete curing compound Use during concrete placement Trash and debris Generated during construction _ l I J J J 5 January 2011 1 1 TPDES Construction General Permit Storm Water Pollution Prevention Plan 1 Section 2 iConstruction Schedule Part III Sect. F.1.(c) Description of the intended schedule, or a sequence of the major activities that will be disturbing soil for the major portions of the site.Add or subtract rows as needed. Name of Phase of Project Activity Disturbing Soil Location on-site Acreage operator Projected dates clearing, excavation, where activity will being Month/year etc. be conducted disturbed General Initiation of Mobilization; Downstream end; Less than 1 Contractor (TBD) construction establishment of erosion construction Dec. 2019 (estimated) controls; fence removal; entrances; along installation of tree channel areas J protection General Culvert construction Excavation; removal of County Road 123 0.125 - 0.25 Contractor (TBD) Dec 2019 thru Feb. existing culverts; _._. 2020 (estimated; disposal of spoils; controlled by General placement of bedding; 1 Contractor) forming/constructing J culverts; backfilling; road restoration General Channel construction Clearing and excavation; Upstream of Co. Rd. Approx. 1.5 Contractor (TBD) Jan. 2020 thru Mar. vehicular/equipment 123 culvert 2020 (estimated; travelling of abutting construction controlled by General temporary construction Contractor) easement; disposal of spoils; installation of erosion controls as construction progresses General Storm Sewer Excavation; disposal of Within channel Approx. 0.75 Contractor (TBD) construction Feb. 2020 spoils; placement of construction area and (area not — thru May 2020 bedding; laying pipe; continuing to the previously (estimated; controlled backfilling south; along disturbed by by General Contractor) Evergreen Drive and channel continuing to the construction south above) General Final stabilization and Vegetation Within limits of Approx. 7.5 ii Contractor (TBD finishing May- June establishment, fence construction and, as 2020 (estimated; construction, and final necessary, within controlled by General clean-up within limits of off-site fill Contractor) previously disturbed disposal area iiareas 1 i J 6 January 2011 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 3 Acreage, Material Storage, and Soil Type Part III, Sect. F.1.(d), (e) The total acreage of the entire property and the total acreage where construction activity will occur. Include off-site material storage areas,overburden and stockpiles of dirt or aggregates, and borrow areas. Material Storage Material(s) Acreage Location Permanent Off-site Excess excavated Approx. 3.4 In the northwest corner of the large storage soil/rock placed as fill; undeveloped tract that is topsoil salvaged or immediately southeast of the corner imported of Red Bud Lane and County Road 123 Permanent On-site Topsoil salvaged, or Approx. 4.0 In all construction areas, and storage imported as needed, abutting rights-of-way and and placed for final temporary construction easement vegetation areas On-site temporary Excavated soil/rock, Approx. 3.0 Along culvert, channel, and storm storage roadway base, and sewer construction areas as asphalt construction proceeds; and in spoil disposal area prior to compaction. Overburden/ N/A Stockpiles of Dirt Borrow Areas I N/A Other areas used as part of the project Total acreage of project property: Approx. 2.3 Total acreage of disturbed soil: Approx. 7.5 (Permanent easements and publicly owned property.) Part III Sect. F.1.(e) Description of the soil type(e.g.,loamy, clayey,sandy,rocky)or the quality of any discharge from the site. Based on spot and visual investigation it is anticipated that soil at the site and to be encountered is predominantly clay of high plasticity with various scatterings of sand and gravel; some limestone rock, and broken pieces of concrete,are present on the surface and possibly under the surface along portions of the Unnamed Tributary to Dry Branch. J J 7 January 2011 1 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 4 Location Map Part III Sect. F.1.f I I1 -. �� ,> �gw ....,(t, , i, , _ _ \ ---, ., ,1 0 ,1 ‘.,,;.„1,,,,,7-4-t osi .4 ..:,4:7, ,, „ ,i ...,____ , \„ .(), , i 4 ,3 ry 1i „.,_ t„.„-- :,,,,,, , ..._ f „ 1 ,- r' , c., ,), ,L,A --,„ \ _tr,.,,,.--,, ... t 1 ,:R±-. ,,,,.. t General Location off I` ,rt '� >;'',� . 'Oak Btuffff and Greenftield! f T 1:97 Y } . f ss f '` - --- ,. ic 'r i -,-';Drainage Improvements 1)r r - 7/ --4' ' :'a ��rW+'��+fix t ' ry',. .. ..� a.::.. �f�f. ��^`— � '- i4j- ,-i :- -IT- . , -AEA ; 4 r : ;; g0 _- _ .4f.' 1t— 8 January 2011 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 5 Detailed Site Map(s) Part III Sect. F.1.g(i)-(ix) ,Part III Sect. F.Z.(l),(m) P r-1 See maps selected from construction plans attached at the end of this form 9 January 2011 r—, r-. TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 6 Site Description - Support Facilities Part III Sect. F.1.(g)-(h) A description of the activities and their locations of any asphalt plants,concrete batch plants or other activity supporting this construction site Facility Description Location Asphalt Plant Not anticipated Concrete Batch Plant Not anticipated l_ Other Support Activity Not anticipated • Part III Sect. F.1.(i) List of receiving waters at or near the site that will be disturbed or that will receive discharges from the projects disturbed areas. Name of Receiving Water Will Receiving Water Be Location of Receiving water Disturbed? Brushy Creek No Approximately 250 feet north of County Road 123 at a location approximately 2,000 feet east of the intersection of County Road l 122 (Red Bud Lane) and County J Road 123 in Williamson County, Texas J J J 10 January 2011 J r-+ L, 7 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 7 Copies of Construction General Permit (CGP) TXR150000 or description of location of CGP NOI, certificate, and/or site notice The CGP may be accessed and downloaded at the following we address: htt s: w p //w w.tceq.texas.gov/assets/public/permitting/stormwater/txr150000.pdf L_. L 11 January 2011 L TPDES Construction General Permit Storm Water Pollution Prevention Plan Best Management Practices Section 8 Best Management Practices (BMPs) Part III Section F.2.a.(i)-(iii) Description of Erosion and Sediment Controls used to minimize pollutant runoff. Add as many rows as needed. BMPs Installed Location(s) On-Site Inspection/ Modifications/ Maintenance Schedule Replacement Activities Construction entrances Weekly �. Rock berms Weekly Erosion logs Weekly Silt Fence Weekly Are there sedimentation basins or traps ?* Yes ❑ No EZ If yes, list the measures taken to reduce the pollutants transported off-site by pumping activities. Prevention Measure Location On-Site Implementation Date *Part III Section F.2.c. (i).(ii), Part III Section F.6.c. ,Sediment must be removed from sediment traps and basins no later than the time that the design capacity has been reduced by 5o percent. J J 12 January 2011 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 9 Description of B M Ps Part III Section F.2.a and b (i) List of good housekeeping practices implemented to limit the off-site transport of litter, construction debris,and construction materials. Litter Controls: Good Housekeeping Activity Location(s) On-Site TBD Construction Debris Controls: Good Housekeeping Activity Location(s) On-Site TBD Construction Material Controls: Good Housekeeping Activity Locations On-Site TBD 13 January 2011 I� TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 10 Best Management Practices (BMPs) Part III Section F.2.13.0) & (iiil Stabilization and erosion control practices may include,but are not limited to: establishing temporary or permanent vegetation,mulching, geotextiles,sod stabilization,vegetative buffer strips, and protecting existing trees and vegetation. List practices used,where they are located,when they will be implemented, and whether they are temporary(interim)or permanent. Stabilization Practices Location On-Site Implemen- Interim or �J I tation Date Permanent Vegetation (grasses) f All disturbed and exposed areas - TBD Permanent Erosion controls See Sections 12 and 14 below TBD Temporary Rock riprap Selected portions of channel TBD Permanent r-, Tree Protection I Various TBD Temporary _J Section 11 Best Management Practices (BMPs) Part III Section F.2.b.(ii) (A)(B) (C) If you do not list activities below,either attach documentation or state where records for the activities can be accessed: } Documentation attached? Yes❑No ❑ Where can documentation be found(if not included in SWP3)? 3)? Contact Person Phone Number Dates when major grading activities will occur and locations on-site: Activity Location Dates when Activity is Scheduled Dates when construction activity will temporarily or permanently cease: Location on-site Date activity is to be Temporary or Stabilization stopped Permanent? Initiation Date 14 January 2011 J J TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 12 Sediment Control Practices Part III Section F.2. (c) Will the project disturb 10 acres or more at one time? Yes❑ No If yes,is it feasible to install a sediment basin? Yes❑ No ❑ Calculate the volume of runoff from a 2-year, 24-hour storm event.Volume of sediment basin: In determining feasibility have you considered(attach any additional justification in determining feasibility): Site Factor Considered? Site Factor Considered? Site Soils Precipitation pattern Slope Site geometry Available area Site vegetation Public safety Geotechnical factors Groundwater depth Infiltration capacity Other? (list) Other? (list) Based on above information,sedimentation basin will❑be used OR❑ is not feasible. If a sediment basin is not feasible,list of alternative structural control practices that will be used: Hruue 1. Article II. Used? Structural Control Yes/No Location On-Site A series of smaller sediment basins ❑ ❑ Around existing storm sewer inlet; along 7' x 4' Silt fences ® ❑ box culvert construction area; at end of Evergreen Drive Vegetative buffer strips ❑ ❑ Sediment traps ❑ ❑ Downstream end of project and in channel Other (list): Rock Berms ® ❑ construction area I - `' Along channel construction areas upstream of Other (list): Erosion Logs ® ❑ culverts; around storm sewer inlets; at downslope edges of fill disposal area Other (list): ❑ ❑ Other (list): ❑ ❑ 15 January 2011 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 13 Permanent Storm Water Controls �~- Part III Section F.3. The following measures will be constructed to control post-construction runoff: Control Measure Location on Project Site Control runoff from what areas Establishment of permanent vegetation Disturbed and exposed areas Channel construction, staging, areas of storm sewer construction, and fill disposal areas _.J } Section 14 Other Storm Water Controls Part III Section F.4 (a) Controls to minimize dust generation and off-site tracking of sediment: Control Practice used Location(s) On-Site Construction Entrance I County Road 123 Construction Entrance I Evergreen Drive Dust Control I Watering of trafficked soil areas if necessary J January 2011 16 '~"I1 TPDES Construction General Permit Storm Water Pollution Prevention Plan Part III Section F.4.(b) The following construction and waste materials will be stored on-site: Average Materials Stored Amount Location On-Site Controls Used to Prevent Pollutants On-Site Stored TBD H Other Storm Water Controls Part III Section F.4.(c)-(d) Describe pollutant sources from areas other than construction(make additional copies of this worksheet as needed): Type of pollutant source Pollutant(s) Control(s) or measure(s) used to minimize pollutants N/A J J J J January 2011 17 TPDES Construction General Permit Storm Water Pollution Prevention Plan Describe the velocity dissipation devices that will be placed at discharge locations and/or along the length of any outfall channels: Dissipation Device Outfall Discharging to At Outfall or Channel (hay bales,silt fence,pond, (MS4, bar ditch, (distance interval for channel) etc) creek/stream) Concrete Riprap Concrete pipe headwall Concrete pipe headwall Rock Riprap 1 C _J j January 2011 18 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 15 Inspection of Controls Forms / Report Part III Section F.7.(d)-(e) Complete this form every seven days; OR, every 14 days and within 24 hours of a_inch rainfall event, and retain in your SWP3. Inspector(name/title): Inspection Date: Day: Time am/pm r . Scope of inspection: 14 Day Inspection ❑ or Weekly Inspection ❑ Day of week normally conducted: 0.5 inch Rainfall Event ❑ Inspection Type: Inspected? Areas of Concern (Y/N) (Describe in detail in the narrative section) Disturbed Soil Areas ❑ ❑ Material Storage Areas ❑ ❑ Structural Controls ❑ ❑ Sediment & Erosion Controls ❑ ❑ Entrance(s) and Exit(s) ❑ 0 r�1 Discharges: Nature of discharge (silt, gravel, sand, other Location on-site of discharge pollutant) Inspection of Controls Forms (cont•d) Part III Section F.7.(c)-(d) Best Management Practices Inspected:Add additional rows if needed. January 2011 19 TPDES Construction General Permit Storm Water Pollution Prevention Plan BMP and Location OK BMP failed Required Maintenance (no action (describe failure) (describe corrective required) actions needed) El El El 0 El Additional BMPs Needed Location Best Management Practice Replacing Existing BMP? P Inspection Narrative Description/Certification Part III Section F,7,e, Complete this form every seven days; OR, every 14 days and within 24 hours of a_inch rainfall event and retain in your SWP3. Describe the inspector's qualifications to conduct the inspections: Describe how your inspection was conducted: Describe all incidents of non-compliance(i.e.major discharges, BMP failures): "I certify that the facility or site is in compliance with the storm water pollution prevention plan and this permit. I further certify that I am authorized to sign this report under TCEQ rules at 3o TAC•305.128(relating to Signatories to Reports) Name/Title: Date: J January 2011 20 TPDES Construction General Permit Storm Water Pollution Prevention Plan Section 16 Eligible Non-Storm Water Discharges (listed in Part II.3.[a]-[g]) Part III, Sect. F,8 Eligible Non-storm Water Used? Implementation Discharge Yes No) Pollution Prevention Measure(s) Date 9 Fire Fighting Activities ❑ Fire Hydrant Flushings ❑ Washing of Vehicles, ❑ Buildings, or Pavement without detergents or soap (see description in Part II.3.[c]) Dust Control ►1 ❑ Potable Water Sources (water ❑ line flushings) Air Conditioning Condensate ❑ Uncontaminated ❑ Ground/Spring Water Other? (List) ❑ ❑ List any other non-storm water discharge permitted by a separate NPDES,TPDES, or TCEQ Permit. • Non-storm Water Discharge Pollution Prevention Measure Implementation Date J January 2011 21 1 TPDES Construction General Permit Storm Water Pollution Prevention Plan 1 l Section 17 Storm Water Runoff from Concrete Batch Plants Part IV See Instructions for information regarding Concrete Batch Plants associated with Construction Projects. Section 18 Part V. Concrete Truck Wash Out Requirements Location of concrete wash out area on site and description of BMPs established to prevent the concrete wash out water from contributing to groundwater contamination or entering the waters of the state. To be determined by the General Contractor l _J �.1 l J J I January 2011 22 H Attachment 1 INV IMF MEE 111110 .41414 CONSTRUCTION SITE NOTICE FOR THE Texas Commission on Environmental Quality Storm Water Program TPDES GENERAL PERMIT TXR040000 The following information is posted in compliance with Part VI of the Texas Commission on Environmental Quality's (TCEQ)TPDES General Permit Number TXR040000 for discharges of storm water runoff from construction sites that are — operated by small municipal separate storm sewer system operators. Additional information regarding the TCEQ storm water permit program may be found on the internet at: www.tceq.state.tx.us Permit Number: TXR04 0 2 5 3 Contact Name and Phone Number: Project Description: (Including estimated start date and either the projected end date, or date that disturbed soils will be finally stabilized) Location of Storm Water Pollution Prevention Plan (SWP3): I, (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part VI of - TPDES General Permit TXR040000. A storm water pollution prevention plan has been developed and implemented according to permit requirements. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations. Signature Date Page 42 n TCEQ Office Use Only Permit No: CN: RN: WimilIM Notice of Intent (NOI) for an Authorization for Stormwater Discharges Associated with frapil Construction Activity under TCEQ TPDES General Permit TXR150000 IMPORTANT INFORMATION Please read and use the General Information and Instructions prior to filling out each question in the NOI form. Use the NOI Checklist to ensure all required information is completed correctly. Incomplete applications delay approval or result in automatic denial. Once processed your permit authorization can be viewed by entering the following link into your internet browser: http://www2.tceq.texas.gov/wq_dpa/index.cfm or you can contact TCEQ Stormwater Processing Center at 512-239-3700. ePERMITS } Effective September 1, 2018, this paper form must be submitted to TCEQ with a completed electronic reporting waiver form(TCEQ 20754). To submit an NOI electronically, enter the following web address into your internet browser and follow the instructions: https://www3.tceq.texas.gov/steers/index.cfm APPLICATION FEE AND PAYMENT The application fee for submitting a paper NOI is $325. The application fee for electronic submittal of a NOI through the TCEQ ePermits system(STEERS)is $225. Payment of the application fee can be submitted by mail or through the TCEQ ePay system. The payment and the NOI must be mailed to separate addresses. To access the TCEQ ePay system enter the following web address into your internet browser: http://www.tceq.texas.gov/epay. Provide your payment information for verification of payment: -� • If payment was mailed to TCEQ, provide the following: o Check/Money Order Number: o Name printed on Check: • If payment was made via ePay, provide the following: o Voucher Number: o A copy of the payment voucher is attached to this paper NOI form. TCEQ-2o022(3/6/2(118) Page 1 Notice of Intent for Construction Stormwater Discharges under TXR150000 r-- RENEWAL(This portion of the NOI is not applicable after June 3, 2018) Is this NOI for a renewal of an existing authorization? El Yes 0 No If Yes, provide the authorization number here: TXR15 • NOTE: If an authorization number is not provided, a new number will be assigned. SECTION 1. OPERATOR(APPLICANT) a) If the applicant is currently a customer with TCEQ, what is the Customer Number (CN) issued to this entity? CN (Refer to Section 1.a) of the Instructions) b) What is the Legal Name of the entity(applicant) applying for this permit? (The legal name must be spelled exactly as filed with the Texas Secretary of State, County, or in the legal document forming the entity.) c) What is the contact information for the Operator (Responsible Authority)? Prefix(Mr. Ms. Miss): First and Last Name: Suffix: Title: Credentials: Phone Number: Fax Number: E-mail: Mailing Address: City, State, and Zip Code: Mailing Information if outside USA: Territory: Country Code: Postal Code: d) Indicate the type of customer: ❑ Individual ❑ Federal Government ❑ Limited Partnership ❑ County Government ❑ General Partnership 0 State Government ❑ Trust LI City Government El Sole Proprietorship (D.B.A.) El Other Government ❑ Corporation El Other: El Estate e) Is the applicant an independent operator? ❑ Yes 0 No TCEQ-2oo22(3/6/2018) Page 2 Notice of Intent for Construction Stormwater Discharges under TXR150000 (If a governmental entity, a subsidiary, or part of a larger corporation, check No.) f) Number of Employees. Select the range applicable to your company. ❑ 0-20 ❑ 251-500 ❑ 21-100 El 501 or higher ❑ 101-250 g) Customer Business Tax and Filing Numbers: (Required for Corporations and i imited Partnerships. Not Required for Individuals, Government, or Sole Proprietors.) ^- State Franchise Tax ID Number: Federal Tax ID: Texas Secretary of State Charter (filing) Number: DUNS Number (if known): SECTION 2. APPLICATION CONTACT Is the application contact the same as the applicant identified above? ❑ Yes, go to Section 3 ❑ No, complete this section Prefix(Mr. Ms. Miss): First and Last Name: Suffix: Title: Credential: Organization Name: Phone Number: Fax Number: E-mail: Mailing Address: Internal Routing(Mail Code, Etc.): City, State, and Zip Code: Mailing information if outside USA: -J Territory: Country Code: Postal Code: SECTION 3. REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE a) If this is an existing permitted site, what is the Regulated Entity Number (RN) issued to this site? RN (Refer to Section 3.a) of the Instructions) • TCEQ-20022(3/6/2o18) Page 3 Notice of Intent for Construction Stormwater Discharges under TXRi50000 b) Name of project or site (the name known by the community where it's located): c) In your own words, briefly describe the type of construction occurring at the regulated site (residential, industrial, commercial, or other): d) County or Counties (if located in more than one): e) Latitude: Longitude: f) Site Address/Location If the site has a physical address such as 12100 Park 35 Circle, Austin, TX 78753, complete Section A. If the site does not have a physical address, provide a location description in Section B. Example: located on the north side of FM 123, 2 miles west of the intersection of FM 123 and Highway 1. Section A: Street Number and Name: City, State, and Zip Code: Section B: Location Description: City(or city nearest to) where the site is located: Zip Code where the site is located: SECTION 4. GENERAL CHARACTERISTICS a) Is the project or site located on Indian Country Lands? El Yes, do not submit this form. You must obtain authorization through EPA Region 6. ❑ No b) Is your construction activity associated with a facility that, when completed, would be associated with the exploration, development, or production of oil or gas or geothermal resources? ❑ Yes. Note: The construction stormwater runoff may be under jurisdiction of the Railroad Commission of Texas and may need to obtain authorization through EPA Region 6. ❑ No c) What is the Primary Standard Industrial Classification (SIC) Code that best describes the construction activity being conducted at the site? d) What is the Secondary SIC Code(s), if applicable? e) What is the total number of acres to be disturbed? f) Is the project part of a larger common plan of development or sale? TCEQ-2oo22(3/6/2018) Page 4 Notice of Intent for Construction Stormwater Discharges under TXR150000 J ❑ Yes ❑ No. The total number of acres disturbed, provided in e)above, must be 5 or more. If the total number of acres disturbed is less than 5, do not submit this form. See the requirements in the general permit for small construction sites. g) What is the estimated start date of the project? h) What is the estimated end date of the project? i) Will concrete truck washout be performed at the site? ❑ Yes ❑ No j) What is the name of the first water body(ies) to receive the stormwater runoff or potential runoff from the site? k) What is the segment number(s) of the classified water body(ies) that the discharge will eventually reach? 1) Is the discharge into a Municipal Separate Storm Sewer System(MS4)? ❑ Yes ❑ No If Yes, provide the name of the MS4 operator: lIl Note: The general permit requires you to send a copy of this NOI form to the MS4 .� operator. m) Is the discharge or potential discharge from the site within the Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards Aquifer, as defined in 30 TAC Chapter 213? ❑ Yes, complete the certification below. O No, go to Section 5 I certify that the copy of the TCEQ approved Plan required by the Edwards Aquifer Rule (30 TAC Chapter 213) that is included or referenced in the Stormwater Pollution Prevention Plan will be implemented. 0 Yes SECTION 5. NOI CERTIFICATION a) I certify that I have obtained a copy and understand the terms and conditions of the Construction General Permit(TXR150000). ❑ Yes b) I certify that the full legal name of the entity applying for this permit has been provided and is legally authorized to do business in Texas. 0 Yes c) I understand that a Notice of Termination(NOT) must be submitted when this authorization is no longer needed. ❑ Yes d) I certify that a Stormwater Pollution Prevention Plan has been developed, will be implemented prior to construction and to the best of my knowledge and belief is compliant with any applicable local sediment and erosion control plans, as required in the Construction General Permit(TXR150000). 0 Yes Note: For multiple operators who prepare a shared SWP3, the confirmation of an operator may be limited to its obligations under the SWP3, provided all obligations are confirmed by at least one operator. TCEQ-20022(3/6/2018) Page 5 Notice of Intent for Construction Stormwater Discharges under TXR150000 J SECTION 6. APPLICANT CERTIFICATION SIGNATURE Operator Signatory Name: Operator Signatory Title: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign and submit this document, and can provide documentation in proof of such authorization upon request. Signature (use blue ink): Date: p_a TCEQ-20022(3/6/2018) Page 6 jNotice of Intent for Construction Stormwater Discharges under TXRi50000 J J Oak Bluff and Greenfield Drainage Improvements Section 02000 - Details Index The following details are included in this Section: UI. City of Round Rock Standard Detail DR-02 (Storm Sewer Line Bedding) 2. City of Round Rock Standard Detail EC-04(Tree Protection Fence Chain Link) 3. City of Round Rock Standard Detail EC-09 (Stabilized Construction Entrance) 4. City of Round Rock Standard Detail EC-10 (Silt Fence) 5. City of Round Rock Standard Detail EC-16 (Area Inlet Protection with Erosion Control Log) 6. City of Round Rock Standard Detail EC-17 (Erosion Control Log) 7. City of Round Rock Standard Detail WW-18 (Wastewater Line Bedding) 8. City of Austin Standard No. 51 1-AW-04 (Air Release and Air/Vacuum Valve) -modified 9. City of Dallas PARD Standard Detail E-3 (Chain Link Fence Detail) 10. City of Dallas PARD Standard Detail E-4 (Typical Chain Link Fence Details) 11. City of Dallas PARD Standard Detail E-5 (Chain Link Gate Detail) 12. Wood Fence Detail 13. TxDot Standard WF (2)--10 (Barbed Wire Fence with Steel Posts) 14. Spoil Disposal Detail The details listed above and included herein have been selected by me and are applicable to the Oak Bluff and Greenfield Drainage Improvements project. Any modifications shown on the details were made by me or under my responsible supervision. PEE OF 7- 2, ,ig. 1 If DANiEL VAN HALDEN dO c, • 19 63225 / 35 Daniel Lynn alden, P.E. Date -1 tf�A'. G,sT ese,/�� City Engineer .1 IN AREAS NOT TO BE FINISHED GROUND. OR SUBGRADE. PAVED, PROVIDE 4" TOPSOIL AND REVEGETATE. 911 1,.. 1 u1t I I T1- - - Iii7 II iTr1,-l-111=1I I11_11 i COMPACTED BACKFILL f '.:'.:. :'.':...:. - IN SITU TRENCH MATERIAL TU "- -LI I� FREE OF ROCK AND CLODS l , w =� .. .. ... .._.... ..'' 1 I�l GREATER THAN 6". z 1-II I T (SEE SPEC. ITEM 510) ar- FL I ........ ....'.•.:•:-..*..`:'.•:'....'.•.......*.'.'... I_ Am. I . '......` .....'.'.• .... . .. . . HP UNDISTURBED EARTH. I '•'.. I I�—f 'I I IT.. _ BED TO TOP OF PIPE. 111-1 i ': : ... , , PEA GRAVEL OR PIPE BEDDING ,r;=.,_ STONE ENVELOPE, EXCLUDING } ;:fi. ., STONE SCREENINGS. w : : :•'-:'• (SEE SPEC. ITEM 510) a + 1 , r 2 4 -• CENTER PIPE IN TRENCH. -E„i 1 1.---11mium i PIPE O.D. +24" MIN. ..� NOTE: ALL TRENCHING AND TRENCH SAFETY' SHALL COMPLY WITH APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS. J RECORD SIGNED COPY DRAWING NO: J ON FILE AT PUBLIC WORKS CITY OF RO ROCK D-02 APPROVED 08-21-03 STORM SEWER LINE „401-14iN 11 DATE BEDDING DETAIL 1, -o '.A THE ARCHITECT/ENGINEER ASSUMES • %\ RESPONSIBILITY FOR THE APPROPRIATE (NON -PAVED SURFACE) USE OF THIS DETAIL 4 1 CRZ DRIPUNE TREE PROTECTION FENCE AT CRZ wv ►. i' CHAIN LINK FENCE Itt♦littlttt;1��t♦ttti♦fit4�l+�r0iftt♦tttj4.ti#l+iljt+ttittjip tt•..%Sltititi�+►itttlt4 ittiVA• ; •_ !Flttlt�ti�►titti .lti+itt!!I�ttt voo (20 0 FOR LlAy♦l fA 1I f..794i.i;ig4' e4. : i+tNt+ ttA 20" DIA. TREE) LI is 10' MAXsir I DRIPUNE (VARIES) _ ` FENCE LOCATION N. (LIMITS OF CRITICAL ROOT ZONE) ' ► OF TRUCK DIAMETER TREE PROTECTION FENCE — CHAIN LINK , NOTE: LIMITS OF WOOD CHIP MULCH AREA AND DISTANCE FROM TRUNK TO WORK AREA SHALL BE SUBJECT TO THE APPROVAL OF THE FORESTRY MANAGER. • V p. : I • TREE PROTECTION �t+tilt tit 4Ell FENCE I,064-f� tilttiiiltl 0 t !I!1 0ti!l.0 il, .•j7i;+,).'►��tttl.1 ft ,,D tt Iftlti ill. I:> ire#0Ir0f. ;# I'1i�li+tip ... ��t�+ '`+'441, 4.i1►�t�S. P slII.I / i�# I.���,ty44i'13:4►ftit4t �t�► +♦+♦ttttj�;���tt ►♦ftitt+i O�ttilf*ttl�l�liittttiiittt; � BUILDING t7o'-0" FOR �LIMITS OF i VA RIE 2(2 DIA. TREE) � �CRITICAL ROOT ZONE �WOOD C CH .�� 1IUS=1 FOOT PER IN (6" DEPTH)OF TRUCK DIAMETER `~~' *AS NEEDED TO PROVIDE NECESSARY WORK SPACE. IF WOOD CHIP MULCH AREA LESS THAN 5', THEN ADD BOARDS STRAPPED TO TRUNK. (4"-6" DEPTH) TREE PROTECTION FENCE (MODIFIED) — CHAIN LINK FOR QUESTIONS CONCERNING THIS DETAIL. PLEASE CONTACT THE FOREs I KY MANAGER. RECORD SIGNEDCOPYCITY OF ROUND ROCK DRAWING NO: ON FII.E AT PUBLICWORKS 110RKS EC-04 APPROVED 03-25-11 DATE TREE PROTECTION THE ARCHITECT/EMGLNEER ASSUMES FENCE CHAIN LINK "."----- OLM'~R` TEXAS RESPONSIBILITY FOR TES APPROPRIATE a .crpn++. USE OF THIS DETAIL. (NOT TO SCALE) J p STREET R.O.W. 50' MIN GRADE TO PREVENT RUNOFF FROM LEAVING EXISTING TOUR ADWAY �a-r�.j r,� " _` 7 GRADE i z • e CROSS SECTION NOTES: 1. STONE SIZE SHALL BE 3" - 8" OPEN GRADED ROCK. 2. THICKNESS OF CRUSHED STONE PAD TO BE NOT LESS THAN 8". 3. LENGTH SHALL BE A MINIMUM OF 50' FROM ACTUAL ROADWAY. AND WIDTH NOT LESS THAN FULL WIDTH OF INGRESS/EGRESS. 4. ENTRANCE SHALL BE PROPERLY GRADED TO PREVENT RUNOFF FROM LEAVING THE CONSTRUCTION SITE. 5. THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR FLOWING OF SEDIMENT ONTO PUBUC RIGHTS OF WAY. ALL SEDIMENT SPILLED, DROPPED. WASHED OR TRACKED ONTO PUBUC RIGHTS OF WAY MUST BE REMOVED IMMEDIATELY BY CONTRACTOR. 6. AS NECESSARY, WHFFl S MUST BE CLEANED TO REMOVE SEDIMENT PRIOR TO ENTRANCE ONTO PUBUC RIGHT OF WAY. WHEN WASHING IS REQUIRED. IT SHALL BE DONE ON AN AREA STABIUZED WITH CRUSHED STONE WHICH DRAINS INTO AN APPROVED SEDIMENT TRAP OR SEDIMENT BASIN. ALL SEDIMENT SHALL BE PREVENTED FROM ENTERING ANY STORM DRAIN, DITCH OR WATERCOURSE USING APPROVED METHODS. RECORD SIGNED COPY ONKS CITYOF ROUNDaRawNGNo: —09 ROCK E�NC APPROVED 03-25-11 DATE STABILIZED CONSTRUCTION THE ARCHITECT/ENGINEER ASSUMES �� �tF.C ENTRANCE DETAIL ''r"nx:Naxc�ci;. TEXAS REV 0NSIBIIdTY FOR THE APPROPRIATE USE OF THIS DETAIL. (NOT TO SCALE) RECOMMENDED TOE-IN METHOD STEEL FENCE POSTS (MAXIMUM 6' ."'``r..', __�,•I SPACING) -•�1: -•. -�.���"��.�•'�1 WOVEN WIRE SUPPORT NON-WOVEN �"":: -` It `.�+.'•"'�.`... ■p: (1 2-1/2 GAUGE NET GEOTEXTILE FABRIC �'�.� i j . '� -:11� �:bo BACKING) SILT FENCE ,`` 1� 1 slid 1 Ni II Nil ``// fir- 4::%`�i�, / .,,i,4' //,!, Z . TRENCH (BACKFILLED) 7/%l%-(/`�r/%/y -/. Ki'-'2 �i %f.t:/,` 6" FABRIC I TOE-IN CROSS SECTION RUM 1. STEEL POSTS WHICH SUPPORT THE SILT FENCE SHALL BE INSTALLED ON A SUGHT ANGLE TOWARD THE ANTICIPATED RUNOFF SOURCE. POST MUST BE EMBEDDED A MIN. OF ONE (1') FOOT. 2. THE TOE OF THE SILT FENCE SHALL BE TRENCHED IN WITH A SPADE OR MECHANICAL TRENCHER, SO THAT THE DOWNSLOPE FACE OF THE TRENCH IS FLAT AND PERPENDICULAR TO THE UNE OF FLOW. WHERE FENCE CANNOT BE TRENCHED IN (E.G. PAVEMENT) WEIGHT FABRIC FLAP WITH WASHED GRAVEL ON UPHILL SIDE TO PREVENT FLOW UNDER FENCE. 3. THE TRENCH MUST BE A MINIMUM OF 6 INCHES DEEP AND 6 INCHES WIDE TO ALLOW FOR THE SILT FENCE FABRIC TO BE LAID IN THE GROUND AND BACKFILLED WITH COMPACTED MATERIAL. 4. SILT FENCE SHALL BE SECURELY FASTENED TO EACH S t ttL SUPPORT POST OR TO WOVEN WIRE, WHICH IN TURN IS SECURELY FASTENED TO THE STEEL FENCE POSTS. 5. INSPECTION SHALL BE MADE WEEKLY OR AFTER EACH RAINFALL EVENT AND REPAIR OR REPLACEMENT SHALL BE MADE PROMPTLY AS NEEDED. 8. SILT FENCE SHALL BE REMOVED WHEN THE SITE IS COMPLETELY STABILIZED SO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. 7. ACCUMULATED SILT SHALL BE REMOVED WHEN IT REACHES A DEPTH OF 6 INCHES. THE SILT SHALL BE DISPOSED OF IN AN APPROVED SITE AND IN SUCH A MANNER AS TO NOT CONTRIBUTE TO ADDITIONAL SILTATION. 8. SILT FENCE SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED FILERECO SIGNED COPY CITY OF ROUND ROCK DRAWL-1 No: � QN AT PUBLIC 1►4RS3 APPROVED!IIII EC 10 03-25-11 DATE SILT FENCE DETAIL J. THE ARCHITECT/ENGINEER ASSUMES ROU'D RESPONSIBILITY FOR THE APPROPRIATE USE OF THIS DETAIL. (NOT TO SCALE) 12" 24' WOODEN STAKES OVERLAP EVERY 12" V ►V ASSURE DIRECT CONTACT '• •• •••I.•• 12WITH SOIL ,-"Afr# 4tiElk, FLOW ,•,_,.-.-.-.-.-.-.-,-.-.-4Nrir.-.-.-.-.-,-. FLOW 40.' • •: ;:;., ---1,„._,,,,,,,,,.......................... ..�---- 4•4 ' --;p:tr*r-ite4---4t-4,44.,,' -- 4:$ :'t',...8 1 i, i: t.:..L., ,. , .,„4„.,. ,, , ..• 1 r • •�••:•.::•.`` ..••:..:�.�• 18" / -�\ 4%••%i i`i. *V 11 itt*.i•�' DIAMETER ❖ice.` . •►'•Vi EROSION b"�•••••�••.v.*" CONTROL.,••••w•,. LOG EXTEND 12" MINIMUM BEYOND INLET OPENING AROUND PERIMITER JSOMETRIC CROSS SECTION NOTES: 1. EROSION CONTROL LOG CONTAINMENT MESH SHALL BE 100% BIODEGRADABLE, PHOTODEGRADABLE OR RECYCLABLE; AND FILL MATERIAL SHALL CONSIST OF MULCH. ASPEN EXCELSIOR FIBERS, CHIPPED SITE VEGETATION, COCONUT FIBERS, 100% RECYCLABLE FIBERS. OR ANY OTHER ACCEPTABLE MATERIAL EXCLUDING STRAW AND HAY. 2. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN DEPTH REACHES 6". 3. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL EVENT AND IMMEDIATELY CLEAN THE INLET PROTECTION IF EXCESSIVE PONDING OCCURS. 4. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABIUZED. O RECORDP PUBLIC WORKS CITY OF ROUND ROCK DRAWINGE 6NO: APPROVED °$DATE AREA INLET PROTECTION WITH DATE � t THE AHCHITECT/ENGINEER LSSUME9 EROSION CONTROL LOG DETAIL IAS ��x . �_ RESPONSIBILITY FOR THE APPROPRIATE USE OF THIS DETAIL. (NOT TO SCALE) Fr 18' TEMP. EROSION CONTROL LOG STAKE LOG ON DOWNHILL SIDE AT THE CENTER, AT A A 18' TEMP EROSION EACH END, AND AT x,„ CONTROL LOG —ADDITIONAL POINTS AS "tea'- �q�. -""" °�°' NEEDED TO SECURE LOG '"""fcgf.gacta;..:: pp•��pp���� "2:Cr"" '"' 4' MAX. SPACING, OR AS MULCH CRADLE -.•.YJW_. a.Y.h'�•1.JNiYtlM�L'101•�W�AhL�'•' 11 1 ) ' = DIRECTED. CUNDER OL LOG SECURE END m OF LOG TO STAKE LOG ON DOWNHILL krA, A. r.. STAKE (TYP) SIDE AT THE CENTER AT /X\ \/' ,Ir4 ; `YA r EACH END. AND AT ADDITIONAL 1,/ /` M� 1 IA I5� ,/,�;,*, ,v/4„, I POINTS AS NEEDED TO SECURE ,1 . Yl��`M /AWA A /A ,r.\ ,'/X 4•,'�' AVitti1 I\;(7A PLAN LOG, OR AS DIRECTED. SECTION A—A EROSION CONTROL LOG CHECK DAM SECURE END STAKES ON DOWNHILL SIDE OF LOG TO OF LOG AT 8' OC MAX OR AS NEEDED TO SECURE LOG, STAKE (TYP) OR AS DiRtc I t.U. R.O.W. R.O.W. MULCH CRADLE 12' TEMP. EROSION UNDER EROSION ' LOG ,.. DISTURBED AREA CONTROL LOG STAKE L. FLOWin BACK OF CURB '/`�YITnr 4` "I `i.1`' \. r I. UP OF GUTTER :AYAV,c,. , c /./‘'., ,. ., 12' TEMP. EROSION PLAN CONTROL. LOG SECTION B—B LOG PLACED AT BACK OF CURB (Ti?) 1' STAKES ON DOWNHILL SIDE OF LOG AT 8' OC MAX OR AS SECURE END NEEDED TO SECURE LOG, OR 12' TEMP. EROSION OF LOG TO AS DIRECTED. CONTROL LOG STAKE ) R.O.W. 12' TEMP. EROSION - . � CONTROL LOG i" 1 •moo:.: .ai':,.;..r..= :Mgc.u: ..Area°1 """��l4 MULCH CRADLE UNDER EROSION t FLOW f Ili DISTURBED AREA STAKE CONTROL LOG 5 � IMOBACK OF CURB "���i A.',A`/ v/ipAI,�`11.,��`rr a\,r l. C PLAN UP OF GUTTER SECTION C—C LOG PLACED AT EDGE OF RIGHT—OF—WAY NOTES: 1. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN DEPTH REACHES 6". DIRECTION FLOW Ir r..a 1' 2. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF LOGS DURING OFI I DIRECTION RAINFALL EVENT FOR PROPER PERFORMANCE. OF FLOW 3. LOGS SHALL CONSIST OF 100% BIODEGRADABLE, PHOTODEGRADABLE .Yrr.�---� ",,,,,,_.'°.4 J.�,M_.�.�.. OR RECYCLABLE CONTAINMENT MESH STUFFED WITH FILTER �•TNPY�a•.f J hi P.TalL�a1•• • g�.ig T.1 o.•Jwa..waa-w.oaJw.x+.• -,n•NJo.u PJ.'-' MATERIAL �.Cr 2 4. STUFF LOGS WITH SUFFICIENT FILTER MATERIAL TO ACHIEVE DENSITY SECURE ENDS THAT WILL HOLD SHAPE WITHOUT EXCESSIVE DEFORMATION. FILTER OF LOGS TO MATERIAL SHALL CONSIST OF MULCH, ASPEN EXCELSIOR WOOD STAKES } FIBERS, CHIPPED SfTE VEGETATION, COCONUT FlBERS,100% LAP DETAIL RECYCLABLE FIBERS, OR ANY OTHER ACCEPTABLE MATERIAL, EXCLUDING STRAW AND HAY. 5. STAKES SHALL BE 2" X 2" WOOD, 4' LONG, EMBEDDED SUCH THAT 2" PROTRUDES ABOVE LOG, OR AS DIRECTED. RECORD SIGNED COPY CITY OF ROUND ROCK DRAWING N0; ON FILE AT PUBLIC WORKS APPROVED EC-17 03-25-11 DATE EROSION CONTROL LOG DETAIL THE ARCHITECT/ENGINEER ASSUMES Rd WX KS IMPITEdfAS RESPONSIBILITY FOR TSB APPROPRIATE rxzrAo =r? USE OF THIS DETAIL. (NOT TO SCALE) NON-PAVED SURFACE: PROPOSED PAVED SURFACE: (A) PROVIDE 6" OF TOPSOIL SUBGRADE PREP, FLEXIBLE BASE AND REVEGETATE AND H.M.A.C. PER PAVEMENT PLANS, UNDER SEPARATE PROCEDURE (B) PROVIDE COMPACTED BACKFILL IN SITU TRENCH MATERIAL FREE OF ROCK AND CLODS GREATER THAN 4", COMPACTED IN 6" LIFTS. COMPACTION TO 95% IN R.O.W. AND IN OR NEAR FLOOD PLAIN. OTHER LOCATIONS TO BE 85%. (SEE SPEC. ITEM 510) I 1 \I/ U w \\/\. 0 \/\\' Q 0 w D / /l / I / I J w > U1 ♦\< w Z O /\\/< %\% 0_ D w j\\< I j\\< - PROVIDE COMPACTED BACKFILL z m \/\\, . . \ IN SITU TRENCH MATERIAL o , '/ /; /j// FREE OF ROCK AND CLODS I D D \% j\\% GREATER THAN 4", COMPACTED - / a_ z z j/\\j I j\\jj IN 6" LIFTS, TO 95% o j\/j j/ (SEE SPEC. ITEM 510) \ '. . .. . ..... ... . I. ..... . . ... ...Y j UNDISTURBED EARTH ' II \`/5 ;\\ . 1 - 40 !" 0141► , . Uc: T PIPE BEDDING STONE SHALL `V �� •,_, BE TEXAS CRUSHED STONE ;`��`__�► �y 0 3/8" F OR 1/2" D ROCK, o z 1A A =. at OR APPROVED EQUAL AI 4110 410 w-co- A, E + „ CENTER PIPE IN TRENCH _ItiL - :., __,,„;.. a I H .-- -) - -)----)cpQc--f?1,-,y- \\.. ,.\ , -a 6" MIN. 6" MIN. ♦- 12" MAX. 12" MAX. PIPE O.D. +12" MIN. (" PIPE O.D. +24" MAX. NOTE: ALL TRENCHING AND TRENCH SAFETY SHALL COMPLY WITH APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS. RECORD SIGNED COPY CITY OF ROUND ROCK DRAWING NO: ON FILE AT U&ES DEPARTMENT WW 8 APPROVED 03-01-18 WASTEWATER LINE BEDDING AND DATE SURFACE REPAIR DETAIL ` s„- THE FORR ASSUMES APPROPRIATE (NON-PAVED & PROPOSED PAVED SURFACE) ROUND yhE... RESPONSIBILITY OR THE t USE OF THIS DETAIL. (NOT TO SCALE) BOLTED CAST COUPLING (UNION, -HDPE METER BOX, SPL WW-145A BLACK DRESSER OR EQUIVALENT) SCREEN COVER VENT CAP (#401 CLAY AND 1"OR 2" GALV, IRON PIPE--1 z BAILEY MFG. CO. OR f EQUIVALENT) -SEE NOTE 5 ■ J\=2'TYP. 3" -8" CLEARANCE ; %"xl"GALVANIZE 2" AUTOMATIC\ AIRNACUUM VALVE 1' STRAPS DRILLED SPL WW-462 TO 4" DI PIPE FILLED . r - �' ' WITH CONCRETE *THREAD TO COMPRESSION - t_ -x; BALL VALVE -�-�� ; - �:?�':' 4" DI PIPE FILLED w/GONG. BRASS ELBOW ALLOWED IF SPL WW-275 SET IN 11x1'CONC. BLOCK NECESSARY DUE TO DEPTH LIMITATIONS BRICK OR PIPE 1" PIPE WEEP HOLE WITH EXTENSION IF REQUIRED (1 x1 x1 ) ROCK OR GRAVEL DRAIN POCKET 5 CORPORATION COCK �. GRAVEL-SEE NOTE 4 MAIN 2" COPPER PER SPL WW-613 OR 2" HDPE PER SPL WW-65 NOTES: \\,L," 1. EXTERIOR SURFACES OF EXPOSED AIR VENT PIPE AND DI SUPPORT PIPE SHALL BE PAINTED PER SPL WW-3C. 2. AIR VENT PIPE INSTALLATION SHALL BE AS NEAR AS PRACTICAL TO EASEMENT LINE WITH MINIMUM CLEARANCE OF 18" FROM ANY OBSTACLE. 3. HDPE METER BOX PENETRATION SHALL BE CORE BIT DRILLED. VOID SHALL BE FILLED WITH LINKSEAL LS 300 OR APPROVED EQUAL. 4. COMPACTED COARSE GRAVEL OR BROKEN STONE MIXED WITH SAND SLOPED TO DRAIN. 5. IN UNDEVELOPED AREAS, THE AIR VENT PIPE SHALL BE 4' MIN. IN HEIGHT SUPPORTED BY A 4" DIA. DI PIPE WHICH HAS BEEN FILLED WITH CONCRETE (SUPPORT PIPE SHALL BE 6' LONG, BURIED IN CLASS A CONCRETE OR CLSM 3' BELOW FINAL GRADE AND EXTENDING 3' ABOVE FINAL GRADE). INSTALL ONE DELINEATOR STAKE WITHIN 3' OF THE VAULT ON THE VEHICULAR ACCESS SIDE OF VAULT OR AS DIRECTED 6.THE AIR VALVE AND ASSOCIATED PIPING SHALL BE INSTALLED ABOVE THE HIGHEST ELEVATION OF THE MAIN.AIR VALVE PIPING, FROM THE MAIN TO THE AIR VALVE, SHALL MAINTAIN A CONSTANT RISE,WITH NO DIPS,TO THE TOP OF THE GROUND. 7.THE AIRNACUUM VALVE INSTALLATION FOR THE OAK BLUFF AND GREENFIELD DRAINAGE IMPROVEMENTS WILL BE SIMILAR TO THIS WATER DETAIL. 8. SPL(CITY OF AUSTIN STANDARD PRODUCT LIST) 1" - 2" AIR RELEASE OR AIR/VACUUM VALVE INSTALLATION - TYPE I CITY OF AUSTIN AIR RELEASE AND AIR/VACUUM VALVE AUSTIN WATER _� THE ARCHITECT/ENGINEER ASSUMES 05/18/2016 RESPONSIBILITY FOR APPROPRIATE - 51STANDARD�-AVV 04NO. 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THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities &Environmental Services BY: JLR/DLH G 3400 Sunrise Road DATE: 10123/2019 Round Rock, Texas 78665 1 BID TABULATION (SHEET I of 7) d� TOTALS SUMMARY CONTRACT: Smith Patin Austin Austin Cash DeNucci Oak Bluff& Greenfield Drainage Contracting Construction, Engineering, Underground, Construction Santa Clara Construction Liberty Civil Aaron Construction Construction Concrete,LP Improvements Co. LLC Co.,Inc. Inc. Co.,Inc. LLC BASE BID $1,499,194.25 $1,649,322.50 $1,774,344.50 $1,797,973.50 $1,810,626.00 $1,942,818.50 $1,992,310.00 $2,230,589.50 $2,420,775.00 .% .'�/ .J%/ ALTERNATE BID NO.1: $1,209,450.25 $1,295,622.50 $1,593,644.50` $1,485,893.50 $1,522,679.00 $1,702,768.50 $1,847,750.00 $2,138,539.50 $2,169,740.0 ADD ALTERNATE NO.1 BID: $560,562.00 $746,160.00 $442,721.05 5' $622,744.00 $561,830.00 $699,030.00 $619,998.00 $669,389.00 $724,848.00 BASE BID PLUS ADD ALT.NO.1: $2,059,756.25 $2,395,482.50 $2,238,929.50 $2,420,717.50 $2,372,456.00 $2,641,848.50 $2,612,308.00 $2,899,978.50 $3,145,623.00 ALT.BID NO.1 PLUS ADD ALT.NOA: $1,770,012.25 $2,041,782.50 $2,058,229.50 $2,108,637.50 $2,084,509.00 $2,401,798.50 $2,467,748.00 $2,807,928.50 $2,894,588.00 Note:Cross-hatching of a total indicates adjustment upon tabulation;see following detail sheets for explanation. THE CITY OF ROUND ROCK Utilities& Environmental Services BIDS EXTENDED AND CHECKED 3400 Sunrise Road BID TABULATION (Sheet 2 of 7) DETAILS BY: 3LR/DLH Round Rock, Texas 78665 DATE: 10/23/2019 CONTRACT:Oak Bluff&Greenfield Drainage Improvements Patin Construction,LLC Austin Engineering Co.,Inc. Austin Underground,Inc. Cash Construction Co.,Inc. LOCATION: 3400 Sunrise Road Addendum? Yes Addendum? Yes Addendum? Yes Addendum? Yes DATE: 10122/2019 Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Exhibit B?Yes Exhibit B?Yes Exhibit B?Yes Exhibit B?Yes Stmt.of Safety Exp.?Yes IStmt.of Safety Exp.?Yes IStmt.of Safety Exp.?Yes IStint.of Safety Exp.?No MASE BID APPROX. UNIT UNIT UNIT 1}is IT ITELNI9 ITEM I)ESCRIPTION Q'I'Y. UNIT PRICE COST PRICE COSI` PRICE COST PRICE COST 1 Structural Excavation-Item 401 900 CY $25.00 $22,500.00 $120.00 $108,000.00 530,00 527,00().()0 $75.00 $67,500.00 2 Box Culverts-Item 559 91 (:1Y $800.00 $72,800.00 $1,200.00 $109.200.00 $800.00 $72,800.00 5930.00 $84,630.00 3 Wing-wall PW-1 MOD-Item 414 14.5 CY $2,000.00 $29,000.00 $1,050.00 $15,225.00 $3,000.00 $43,50().00 $900.00 $13,050.00 4 W'ingwaIl PW-1 -Item 414 33.8 (:"Y $2,000.00 $67,600.00 $1.100.00 $37,180.00 $950.00 $32,110.00 $880.00 $29,744.00 5 Channel Excavation-Item 120 10025 CY $20.00 $200,500.00 ;31.00 5310,775.00 $41.00 $411,025.00 $22.00 $220,550.00 6 Class IV RCP;72"Dia.-Item 510 548 LF $800,0() $438,4(K).00 $650.00 $356,200.00 $640.00 $350,720.00 $950.00 $520,600.00 7 Class III RCP,72"Dia.-Item 510 437 IT 5550.00 $240,350.00 5500.00 $218,500.00 $430.00 $187,910.00 $811.00 $354,407.00 8 Junction Box-Item 506 2 EA $65,000.00 $130,000.00 $90,000.00 $180,000.00 $5.5,000.00 $110,000.00 $80,000.00 $160,000.00 9 72"Aluminized Pipe-Item 510 122 LF $28.5.00 $34,770.00 $250.00 $30,500.00 5280.00 $34,160.00 $448.00 $54,656.00 10 Flex Base 30"'Thickness-Item 210 60 CY $100.00 $6,000.00 $300.00 818.000.00 $120.00 $7,200.00 $I50.00 $9,000.00 I I Hot Mix Asphaltic Cone-Item 340 70 SY $15(}.00 $10,500.00 $140.00 $9,800.00 $66.00 $4,620.00 $95.00 $6,650.00 12 Safety Fencing-Item 703 2300 LE $4.20 $9,660.00 53.00 56,900.00 $4.50 $10,350.00 $2.00 $4,600.00 13 Protective Fencing-Item 610 180 LF $6.65 $1,197.00 $3.50 $630.00 $22.00 $3,960.00 $3.00 $540.00 14 Wire Fence-Item 701 1400 LF $8.40 $11,760.00 $8.00 $11,200.00 $7.50 $10,500.00 $6.50 $9,100.00 15 Wood Fence-Item 701 260 I..F $41.30 $10,738.00 $35.00 $9,100.00 $29.00 $7,540.00 $30.00 $7,800.00 16 Vehicular Gate-Item 701 2 EA $1,330.00 $2,660.00 $1,300.00 $2,600.00 $2,200.00 $4,400.00 $1,000.00 $2,000.00 17 Dry Riprap-Item 591 860 SY $50.00 $43.000,00 $7().01) $60,20{1.00 $86.00 $73,960.00 $36.00 $30,960.00 18 Trench:Excay.Safety-Item 509 1500 LF $1.40 $2,100.00 S1,50 $2,250.00 $4.50 56,750.00 $1.00 $1,500.00 19 Non-native Seeding-Item 604 32835 SY $4.00 $131,340.00 $1.50 549,252.50 $3.50 $114,922.50 $2.0() $65,670.00 20 Dry Stack Rock Wall-Item 623 500 SF $45.00 $22,500.(x) $40.00 $20,000.00 $23.00 $11,500.00 $30.00 S15,000.00 21 Low Strengnh Material-Item 402 70 CY $200.00 $14,000.00 $195.00 Sl 3,650.00 $180.00 $12,600.00 $140.00 $9,800.00 22 Concrete Riprap-Item 591 665 SY $45.00 $29,925.00 $110.00 $73,150.00 $100.00 566,500.00 $90.00 $59,850.00 23 Construction Entrance-Item 641 2 EA $1,600.00 $3,200.00 $1,100.00 $2,200.00 $1,700.00 $3,400.00 $2,000.00 $4,000.00 24 Rock Berm-Item 639 100 LF $35.00 $3,500.00 $45.00 $4,500.00 $26.00 $2,600.0() 545.00 $4,500.00 25 Silt Fence-Item 642 120 LF 52.50 5300.00 $3.00 $360.00 54.50 $540.00 $3.00 $360.00 26 Erosion Control Log-RR EC-17 1350 LF $12.25 $16,537.50 $7.00 $9,450.00 $17.00 $22,950.00 $10.00 $13,500.00 27 Guard Rail Mow Strip-TxDot 14 (:'Y $750.00 $10,500.00 $625.00 $8,750.00 $1,200.00 $16,800.00 $600.00 $8,400.00 28 Guard Railing-Item 704 171 LF $35.00 $5,985.00 $32.00 $5,472.00 $36.00 56,156.00 $29.00 $4,959.00 29 Guard Rail End Trtmt.-TxDot I EA $3,500.00 $3,500.00 $3,300.00 $3,300.00 $2,600.00 $2,600.00 $3,000.00 $3,000.00 30 Guard Rail Anchor/Rad.-TxDot 1 EA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,900.00 $2,900.00 $1,700.00 $1,700.00 31 Traffic Control-Item 803 1 IS $12,500.00 $12.500.00 58,000.00 $8,000.00 $60,000.00 $60,000.00 $14,000.00 $14,000.00 32 Mobilization not to exceed ;n 1 I..S $60,000.00 560,000.00 $88,000.00 $88,000.00 $76,000.00 $76,000.00 328,600.00 $28,600.00 TOTAL BASE BID: $1,649,322.50 1 $1,774,344.50 1 $1,797,973.50 $1,810,626.00 BID TABULATION (Sheet 3 of 7) DETAILS CONT. CONTRACT:Oak Bluff&Greenfield Drainage improvements Patin Construction,LLC Austin Engineering Co.,Inc. I Austin Underground,Inc.7Cash Construction Co.,Inc. ALTERNATE BID NO.1 APPROX. U t IT UNIT UNIT UNIT ITEM# ITEM DESCRIP'T'ION Q, Y. LNIT PRICE COST PRICE COST PRICE COST PRICE COST A-1Aluminized Pipe- tem 5 10 935 LF $330.00 $325,050.00 - S400.00 5394,000.00 $230.00 5226,550.00 $596.00 $587,060.00 TOTAL ALTERNATE BID NO.1 6,7777-7/777/7",=77777777 77�, 777 77777777 ' 1 (A-1 plus all Base Bid Items except 6&7): $1,295,622.50 $1,593,644.50 $1,485,893.50 $1,522,679.00 ADD ALTERNATE BID NO. 1 AA-i Cone.Box Tx 4'-Item 559 556 LF $800.00 $444,800.00 5210.00 $116,760.00 $65).00 $361,400.00 $650.00 $361,400.00 AA-2 VVtllgw811 Ftp'-0-Itc'rn 414 11 CY $5,000.00 $60,000.00 $2,350.00 $28,200.00 $3,500.00 $42.00).)0 $2,000.00 $24,000.00 AA-3 Class III RCP,24"Dia.-Item 510 24 LF $100.00 $2,400.00 5190.00 $4,560.00 $110.00 52,640.00 $125.00 53,000.00 AA-4 Class III RCP 36"Dia.-Item 510 506 LF $130.00 $65,780.00 $200.00 $101,200.00 $130.00 $65,780.00 $140.00 $70,840.00 AA-5 4'x 4'Area Inlet-Item 508 5 EA $7,000.00 $35,000.00 59,000.00 545,000.00 $5,200.00 $26,000.00 $3,500.00 S17,500.00 AA-6 Adjust 6"Force Main-Item 510 1 LS $50,000.00 $50,000.{l0 $$40,000.00 $4{}t{)00.00 $4,100.00 54,100.00 $15,000.00 $15,000.00 AA-7 Trench!Excay.Safety-Item 509 1150 LF $1.40 $1,610.00 52.50 52,875.00 $4.00 54,600.00 S1.00 S 1,150.00 AA-8 Concrete Riprap-Item 591 125 SY $45.00 $5,625.00 S110.00 $13,750.00 S 1()U.)0 ,$12,500.00 $90.00 $11,250.00 AA-9 Non-native Siding-Item 604 2400 SY $6.00 $14,400.00 $2.00 54,800.00 59.50 $22,800.00 52.00 54,800.00 AA-10 Construction Entrance-Item 641 1 EA $1,600.00 $1,600.00 $1,200.00 $1,200.00 $1,500.00 51,500.00 $2,000.00 $2,000.00 AA-I I Erosion Control Log-RR EC-17 120 LF $12.25 51,470.00 $8.00 $960.00 $16.00 $51,920.00 $10.00 $1,200.00 AA-12 Silt Fence-Item 642 250 LF 52.50 $$625.00 $3.00 $750.00 $4.00 51,000.00 $3.00 $750.00 AA-13 Chain Link Fence-Item 701 415 LF $31.00 512,865.00 $30,00 $12,450.00 526.00 $10,790.00 $24.00 $9,960.00 AA-14 Chain Link Fence Gate-Item 701 2 EA $$500.00 $1,000.00 $600.00 $1,200.00 $$650.00 $1,300.00 5400.00 $800.00 AA-15 Traffic Control-liun 803 1 LS $3;400.00 $3,400.00 $4,000.00 $4,000.00 $18,000.00 $18,000.00 53,800.00 $3,800.00 AA-16 Flex Base 4"Thickness-Item 210 300 SY $10.00 $3,000.00 $75.00 $22,500.00 $12.00 $3,600.00 $14.00 $4,200.00 AA-17 Flex Base 8"Thickness-Item 210 56 CY $60.00 $3,360.00 $80.00 $4,480.00 $49.00 $2,744.00 $150.00 58.400.00 AA-18 Mot Mix Asphaltic Cone-Item 340 530 SY $32.50 $17,225.00 $30.00 $15,900.00 519.00 $10,070.00 $26.00 $13,780.00 AA-19 Mobilization not to exci e _.:o I LS $?2,000.00 $22,000.00 �°!' 22 136:0_:- ` $22,136.05 S30,000.00 $30,000.00 58,000.00 $8,000.00 TOTAL ADD ALTERNATE BID NO.1: f $746,160.00 .:-�:$442,721.0 $622,744.00 $561,830.00 TOTAL BASE BID $1,649,322.50 $1,774,344.50 $11797,973.50 $1,810,626.00 TOTAL ALTERNATE BID N0.1.: ;$',295 52� 0 77597,644,50' $1,485,893.50 $1,522,679.00 TOTAL BASE BID PLUS ADD ALT.NO.1: $2,395,482.50 $2,217,065.55 $2,420,717.50 $2,372,456.00 TOTAL ALT.BID NO.1 PLUS ADD ALT.NO.1: $2,041,782.50 $2,036,365.55 $2,108,637.50 $2,084,509.00 NOTES:Cross-hatching of a unit price indicates revision to the unit price entered by the Bidder on the Bid Form due to price limitation specified on the Bid Form, Cross-hatching of a total amount indicates an amount calculated upon tabulation that differed from the total amount entered by the Bidder on the Bid Form. THE CITY OF ROUND ROCK Utilities &Environmental Services BIDS EXTENDED AND CHECKED 3400 Sunrise Road BY: JLR/DLH Round Rock, Texas 78665 BID TABULATION (Sheet 4 of 7) DETAILS CONT. DATE: 10/23/2019 CONTRACT: Oak Bluff&Greenfield Drainage Improvements Santa Clara Construction DeNucei Construction,LLC Liberty Civil Construction Aaron Concrete,LP LOCATION: 3400 Sunrise Road Addendum? Yes Addendum? Yes Addendum? Yes Addendum? Yes DATE: 10/22/2019 Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Exhibit B?Yes Exhibit B?Yes Exhibit B?Yes Exhibit B?Yes Stmt.of Safety Exp.?Yes IStint.of Safety Exp.?Yes Stmt.of Safety Exp.?Yes Stmt.of Safety Exp.?Yes BASE BID APPROX. UNIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST I Structural Excavation-Item 401 900 CY S40.00 $36,000.00 $85.00 $76,500.00 $60.00 $54,000.00 $100.00 $90,000.00 2 Box Culverts-Item 559 91 CY $1,546.00 $140,686.00 $1,200.00 $109,200.00 $1.350.00 $122,850.00 $2,000.00 $182,000.00 3 Wingwall PW-1 MOD-Item 414 14.5 CY $550.00 $7,975.00 $1,200.00 $17,400.00 $1,230.00 $17,835.00 $1,500.00 $21,750.00 4 Wingwall PW-1 -Item 414 33.8 CY $550.00 518,590.00 $1,200.00 $40,560.00 $1,150.00 $38,870.00 $1,500.00 $50,700.00- 5 Channel Excavation-Item 120 10025 CY $20.00 $200,500.00 $35.00 $350.875.00 $60.00 $601,500.00 $80.00 $802,000.00 6 Class IV RCA,72"Dia.-Item 510 548 LF 51,139.00 $624,172.00 5670.00 $367,160.00 $700.00 $383,600.00 $520.00 $284,960.00 7 Class III.RCP,72"Dia.-Item 5I0 437 LF 5949.00 $414,713.00 S550.00 $240,350.00 $550.00 $240,350.00 $700.00 5305,900.00 8 Junction Box-Item 506 2 EA $65,000.00 $130,000.00 $65,000.00 $130,000.00 $95,800.00 $191,600.00 590,000.00 5180.000.00 9 72"Aluminized Pipe-Item 510 122 LF 5775.00 $94,550.00 $445.00 $54,290.00 $450.00 $54,900.00 $325.00 $39,650.00 to Flex Base 30"Thickness-Item 210 60 CY $78.00 $4,680.00 $165.00 $9,900.00 $51.00 $3,060.00 $200.00 $12,000.00 11 Hot Mix Asphaltic Cone-Item 340 70 SY $30.00 $2,100.00 $85.00 $5,950.00 5135.00 $9,450.00 $200.00 $14,000.00 12 Safety-Fencing-Item 703 2300 LF $1.00 x;2,300.00 $4.00 $9,200.00 $2.00 $4,600.00 $3.00 $6,900.00 13 Protective Fencing-Item 610 180 LF $3.00 $540.00 $6.00 $1,080.00 $3.50 5630.00 $10.00 $1,800.00 14 Wire Fence-Item 701 1400 LF $8.00 $11,200.00 $35.00 $49,000.00 $7.30 $10,220.00 $10.00 $14,000.00 15 Wood Fence-Item 701 260 LF $17.00 $4,420.00 $45.00 $11,700.00 $36.00 $9,360.00 $50.00 $13,000.00 16 Vehicular Gate-Item 701 2 EA $2,750.00 $5,500.00 $2,500.00 $5,000.00 $I,l%00 $2,300.00 $3,000.00 $6,000.00 17 Dry Riprap-Item 591 860 SY $50.00 $43,000.00 $65.00 $55,900.00 $65.00 $55,900.00 $75.00 $64,500.00 18 TrenchrExcay.Safety-[tem 509 1500I_F $1.00 $1,5011.00 $28.00 $42,000.00 $6.00 59,000.00 $30.00 $45,000.00 19 Non-native Seeding-Item 604 32835 SY $0.50 $16,417.50 $4.00 S 131,340.00 $3.70 $121.489.50 $1.00 $32,835.00 20 Dry Stack Rock Wall-Item 623 500 SF $5.00 $2,500.00 $45.00 $22,500.00 $30.00 S 15,000.00 $45.00 $22,500.00 21 Low Strength Material-Item 402 70 CY $120.00 $8,400.00 $205.00 514,350.00 $375.00 $26,250.00 $225.00 $15,750.00 r!' ,`':. 22 Concrete Riprap-Item 591 665 SY $_58.00 $38,570.00 $86.00 $57,190.00 5130.00 $86,450.00 F,.�10_.00� $66;500.00 23 Construction Entrance-Item 641 2 EA $2,000.00 $4,000.00 $1,200.00 $2,400.00 $1,500.00 $3,000.00 $3,000.00 $6,000.00 24 Rock Berra-Item 639 100 L.F $25.00 $2,500.00 $45.00 $4,500.00 $25.00 $2,500.00 $70.00 $7,00U.0O 25 Silt Fence-Item 642 120 LF $3.00 $360.00 $6.00 $720.00 $4.00 $480.00 $5.00 $600.00 26 Erosion Control Log-RR EC-17 1350 LF $7.00 59,450.00 $15.00 $20,250.00 $20.00 527,000.00 56.00 58,100.00 27 Guard Rail Mow Strip-TxDot 14 CY $265.00 $3,710.00 $800.00 $11,200.00 $890.00 $12,460.00 $600.00 $8,400.00 28 Guard Railing-Item 704 171 LF $35.00 55,985.00 $145.00 $24,795.00 $35.00 55,985.00 $30.00 55,130.00 29 Guard Rail End Trtmt.-TxDot I EA $4,500.00 54,500.00 $3,500.00 $3,500.00 $3,900.00 $3,900.00 53,200.00 53.200.00 30 Guard Rail Anchor/Rad.-TxDot t EA $2,(}00.00 $2,000.00 $8,500.00 $8,500.00 $2,150.00 S2,I50,00 $2,000.00 $2,000.00 31 Traffic Control-Item 803 1 LS $5,000.00 $5,000.00 $25,000.00 $25,000.00 $13,900.00 $13,900.00 $16,000.00 $16,000.00 32 Mo.> >ration not to exceed l LS $97,000.00 $9,',000.00 590,000.00 590,000.00 $100,000.00 $1(}(),000.0(} 592,600.00 $92,600.00 TOTAL BASE BID: $1,942,818.50 $1,992,310.00 $2,230,589.50 $2,420,775.00 BID TABULATION (Sheet 5 of 7) DETAILS CONT. CONTRACT:Oak Bluff&Greenfield Drainage Improvements Santa Clara Construction DeNucci Construction,LLC [_Liberty Civil Construction Arron Concrete,LP ALTERNATE BID NO. 1 APPROX. L'NI1' UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST A-1 72"Aluminized Pipe-Item 5 10 985 LF $811.00 $798,835.00 S470.00 $462,950.00 $540.00 S531,900.00 $345.00 5339.825.00 TOTAL ALTERNATE BID N0.1 {A-1 plus all Base Bid Items except 6&7): $1,702,768.50 $1,847,750.00 $2,138,539.50 L $2,169,740.0 ADD ALTERNATE BID NO. I AA-I Cone.Box Tx 4'-Item 559 556 LF S755.00 $419,780.00 $625.00 5347.500.00 $685.00 5380,860.00 $688.00 S382,528.0-0- AA-2 Wingwall FW-0-Item 414 12 CY S550.00 $6,600.00 $1,200,00 $14,400.00 $2,420.00 529,040.00 $2,000.00 $24,000.00 AA-3 Class III RCP,24"Dia.-Item 510 24 LF 5258.00 $6,19100 $105.00 $2,520.00 5(20.00 52,880.00 $210.00 $5,040.00 AA-4 Class III RCP 36"Dia.-Item 510 506 LF 5300.00 $151,800.00 $85.00 $43,010.00 5170.00 $86,020.00 $210.00 t' -2 1:t W, AA-5 4'x 4'Area Inlet-item 508 5 EA $4,000.00 - $20,000.00 $7,500.00 $37,500.00 $4,900.00 524,500.00 $4,500.00 $21500.00 AA-6 Adjust 6"Force Main-Item 510 1 LS 515,000.00 515,000.00 $28,000.00 528,000.00 531,000.00 531,000.00 $9,000.00 $9,000.00 AA-7 Trench/Excay. Safety-Item 509 1150 LF $1.00 51.1%00 $6.00 $6,900.00 $6.00 $6,900.00 S20.00 $23,000.00 .AA-8 Concrete Riprap-Item 591 125 SY $58.00 57.250.00 $225.00 $28,.125.00 $130.00 $16,250.00 $120.00 $15,000.00 AA-9 Non-native Seeding-Item 604 2400 SY $0.50 $1,200.00 $4.00 $9,600.00 $3.70 58,880.00 S1.00 $2,400.00 AA-10 Construction Entrance-Item 641 1 EA S2,000-00 S21,000.00 $1,000.00 $1.000.00 32,000.00 $2,000.00 $3,000.00 $3,000.00 AA-1 I Erosion Control Log-RR EC-17 120___ LF STO-0 5840.00 S12.00 $1,440.00 $20.00 $2,400.00 $6.00 $720.00 AA-12 Silt Fence-Item 642 250 LF $3.00 $750.00 $3,00 5750.00 $4.00 $1,000.00 $5.0-0 $1,250.00 AA-13 Chain Link Fence-Item 701 415 LF $8.00 53,320.00 $45,00 $18,675.00 $27.00 $11,205.00 $38.00 S15,770.00 AA-14 Chain Link Fence Gate-Item 701 1 EA $1,200.00 $2,400.00 $900.00 $1,800.00 5450.00 $900.00 52,500.00 55,000.00 AA-15 Traffic Control-Item 803 1 LS $5,000.00 $5,000.00 $7,600.00 S7,600.00 $9,200.00 $9,200.00 $16,000.00 S 16,000,00 AA-16 Flex Base 4"Thickness-Item 210 300 SY $12.00 S3.6WOO 532-.00 $9,600.00 $15.00 $4,500,00 $50.00 $15,000.00 AA-17 -Flex Base 8'7 Thickness-Item 21 56 CY $78.00 54,368.00 $38.00 $2,128.00 $59.00 $3,304.00 $215.00 $12,040.00 AA-18 1 Hot Mix Asphaltic Cone-Item 340 530 SY S26.00 $13,780.00 S65.00 $34,450.00 $35.00 518,550.00 578.00 $41,340.00 AA-19_T_Mobilization not to exceed 5% 1 LS 534,000.00 $34,000.00 $25,00 1 0.00 $25,000.00 530,000.00 $30,000.00 525.000._00 $25,000.00 TOTAL ADD ALTERNATE BID NO.1: $699,030.00 S619,998.00 $724,848.E; . $669,389.00.1 TOTAL BASE il"D $1,942,818.50 s1,992,310.00 $2,230,589.5;1 1 $2,420,775.00 TOTAL ALTERNATE BID NO.1: $1,702,768.50 $1,847,750.00 $2,138,539--5-0r- TOTAL BASE BID PLUS ME ALT.NOA: $2,641,848.50 $2,612,308.00 $2,899,978.50 $3,145,623.00 TOTAL ALT.BID PLUS A51)ALT.NO.1: $2,401,798.50 $2,467,748.00 $2,807,928.50 $2,894,588.00.......... NOTES:Cross-hatching of a unit price indicates a significant difference between the numerical unit price and the written unit price entered by the Bidder on the Bid Form;it was apparent that the numerical unit price was intended. An underlined unit price indicates a slight difference between the numerical unit price and the written unit price entered by the Bidder on the Bid Form;the written unit price controls per the Bid Documents. Cross-hatching of a total amount indicates an amount calculated upon tabulation that differed from the total amount entered by the Bidder on the Bid Form. THE CITY OF ROUND ROCK Utilities& Environmental Services BIDS EXTENDED AND CHECKED 3400 Sunrise Road BY: JLR/D LH Round Rock, Texas 78665 BID TABULATION (Sheet 6 of 7) DETAILS CONT. DATE: 10/23/2019 CONTRACT:Oak Bluff&Greenfield Drainage Improvements Smith Contracting Co. LOCATION: 340OSunrise Road Addenduni(s)? Yes Addendum(s)? Addend im(s)? Addendunt(s)? DATE: 10/22/2019 Bid Bond? Yes Bid Bond? Bid Bond? Bid Bond? Exhibit BI Yes Exhibit B? Exhibit B" Exhibit B? Stmt.of Safety Exp.?'fres Stmt.of Safety Exp.? Stmt.of Safety Exp.? Stmt.of Safety Exp.? BASE BID APPROX. UNIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. U N FF PRICE COST PRICE COST PRICE COST PRICE COST I Structural Excavation-Item 401 900 (.'N' 545M 540,500.0() 50.00 50.00 $0,00 Box Culverts-Item 559 91 Cy S900,00 $81,900.00 $0.00 S0.00 $0.00 3 Wingwall PW-I IMOD-Item 414. 14.5 CY $1,600.00 S23,200.00 50.00 50.00 $0.00 4 1b'1ngwaIlPW-I -Item414 33.8 CY $1,250.00 $42,250.00 $0.00 S0.00 50.00 5 -Channel Excavation-Item 120 10025 Cy $25.00 $250,625.00 50,00 $0J0() 50.00 6 Class IV RCP.72"Dia.-Item 510 548 LF $667.00 $365,516.00 $0.00 50.00 50.00 7 Class III RCP,72"Dia.-Item 510 437 LF $469.00 $204,953.00 SO.00 $0.00 $0.00 8 Junction Box-Item 506 FA $58,500.00 $117,000.00 $0.00 50.00 50.00 9 72"Aluminized Pipe-Item 5I 0 122 LT $286,00 $34,892.00 S'O.(.)() $0.00 50.00 10 Flex Base 30"Thickness-Item 210 60 Cy S100.00 $6,000.00 S0.00 50.00 $0.00 I I I-lot Mix Asphaltic Conc-Item 340 7 SY $125.00 58,750.00 $0.00 50.00 50.00 12 Safety Fencing-Item 703 2100 ITS5,750.00 $0.00 $0.00 50.00 13 Protective Fencing-Item 610 180 IT S5.00 5900.00 S0.00 $0.00 $0,00 14 Wire Fence-Item 701 1400 1.,F S11.50 S16,100.00 $0.00 SO.00 50.00 15 Wood Fence-Item 701 260 1_.F $35,00 $9,100.00 $0.00 50.00 50.00 16 Vehicular Gate-Item 701 1-7 Dry Riprap-Item 54-1 EA $1,100-00 $2.200.00 SOM S0.00 S0.00 1 860 SY $42.00 $36,120.00 SOM $0.00 $0.00 Safety-Item 509 1500 LF $1.00 51.500.00 S0.00 30.00 $0.00 19 Non-native Seeding-Item 604 32835 SY S57,461.25 S0.00 '0.00 50.00 ........ 1.754 S ---2-0 Dry Stack Ronk Wall-Item 623 500 SF 540.00 $20,000M 1 $0.00 $0.00 $0.00 21 Low Strength Material-Item 402 70 Cy S165M - 511,550.00 S().00 50.00 50,00 22 Concrete Riprap-Item 591 665 SY S67.00 $44,555.00 $0.00 SO.00 S0.00 23 Construction Entrance-Item 641 2 [.:A S1,900J)() $3,800.00 S6.00 $0.00 $0,00 24 Rock Berm-Item 639 100 I.T $25.00 $2,500.00 $0.00 S0.00 SO.00 25 Silt Fence-Item 642 120 L.- $3.00 $360.00 S(Wo $0.00 SO.00 26 Erosion Control Log-RR EC-17 135-0 LF $10.00 $13,500.00 $0.00 50.00 $0.00 �_)T___Guard Rail Mow Strip-TxDot -14-- C-1 S510.00 S71,140,00 S().()() SO.00 s0J0() 28 Guard Railing-Item 704 171 Railing LF $32.00 $5,472.00 $0.00 $0.00 S0.00 29 Guard Rail End Trtmt.-TxDot -1 EA $3.700.0-0 -$3,700.00 50.00 $0.00 S0.00 30 Guard Rail-Anclior,:R ad.-Tx-Dot ---- I EA $1,90().00 $1.900.00 $0.00 $0.00 S(),()O 31 Traffic Control-Item 803 1 I..S S10.000.00 S10,000.00 - $0.00 $0,00 'S0,00 32 Mobilization not to exceed 51)'o' 11 LS S70,000.00 570,000.00 $0.00 SO.00 L $0.00 TOTAL BASE BID: $1,499,194.25 $0.001- 1 ..$0.001 BID TABULATION (Sheet 7 of 7) DETAILS CONT. CONTRACT:Oak Bluff&Greenfield Drainage Improvements Smith Contracting Co. ALTERNATE BID NO.1 APPROX. [NIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QiTV. UNIT PRICE COST PRICE COST PRICE COST PRICE COST A-1 72"Aluminized Pipe-Item 510 985 = LF $285.00 $280,725.00 $0.00 50.00 50.00 TOTAL ALTERNATE BID NO.1 (A-1 plus all Base Bid items except 6&7): $1,209,450.25 $0.00 $0.001 $0.00 ADD ALTERNATE BID NO. i AA-l Cone.Box Tx 4'-Item 559 5.56 LF $600.00 $333,600:00 $0.00 $0.00 $0.00 AA-2 Wingwall FW-0-Item 414 12 CY $1,500.00 $18,000.00 $0.00 $0.00 $0.00 AA-3 Class III RCP,24"Dia.-Item 510 24 LF SWUH) $1,920.00 $0.00 $0.00 S0.00 AA-4 Class III RCP 36"Dia.-Item 510 506 LF $127.00 $64,262.00 $0.00 $0.00 $0.00 AA-5 4'x 4'Area Inlet-Item 508 5 EA $4,500.00 $22,500.00 $0.00 50.00 50.00 AA-6 Adjust 6"Force Main-Item 510 1 LS $25,000.00 $25,000.00 $0.00 $0.00 $0.00 AA-7 Trench.'Excay.Safetv-Item 509 1150LF $t.t)() S1.150.00 50.00 $0.00 $0.00 AA-8 Concrete Riprap-Item 591 125 SY $70.00 S8,750.0() $0.00 50.00 $0.00 AA-9 Non-native Seeding-Item 604 2400 SY $5.00 512,000.00 $0.00 50.0() $0.00 AA-10 Construction Entrance-Item 641 1 EA $2.000.00 52,000.00 $0.00 $0.00 $0.00 AA-1 I Erosion Control Log-RR ECA 7 120 LF $10.00 $1,200.00 $0.00 $0.00 $0.00 AA-12 Silt Fence-Item 642 250 LF $2.50 $625.00 50.00 50.00 50.00 AA-13 Chain Link Fence-Item 701 415 LF $25.00 $10375.00 50.00 $0.00 $0.00 AA-14 Chain Link Fence Gate-Item 701 2 EA $500.00 51,000.00 50.00 $0.00 AA-15 Traffic Control-Item 803 1 LS $5,000.00 $5,000.00 $0.00 $0.00 $0.00 AA-16 Flex Base 4"Thickness-Item 210 300 SY $20.00 $6,000.00 $0.00 $0.00 $0.00 AA-17 Flex Base 8"Thickness-Item 210 56 CY $150.00 $8,400.00 $0.()0 50.00 $0.00 AA-18 Hot Mix Asphaltic Cone-Item 340 530 SY $26.00 $13,780.00 $0.00 $0.00 $0.00 AAAIMobilization not to excee ;0 1 LS $25.000.00 $25,000.00 $0.00 50.00 50.00 TOTAL ADD ALTERNATE BID NO.I: $560,562.00 $0.00 $0.00T $0.00 TOTAL BASE BID $1,499,194.25 $0.00 $0.00 $0.00 TOTAL ALTERNATE BID NO.1: $1,209,450.25 $0.00 $0.00 $0.00 TOTAL.BASE BID PLUS ADD ALT.NO.I: $2,059,756.25 $0.00 $0.00 $0.00 TOTAL ALT.BID NO.1 PLUS ADD ALT.NO.1: $1,770,012.25 J., $0.001 $0,00 $0.00 NOTE: Cross-hatching of a unit price indicates a significant difference between the numerical unit price and the written unit price entered by the Bidder on the Bid Form;it was apparent that the numerical unit price was intended. Lockwood,Andrews &Newnam, Inc, November 14,2019 Mr. Danny Halden,P.E.,City Engineer City of Round Rock Utilities and Environmental Services Department 3400 Sunrise Road Round Rock,TX 78665 Via email: dl.i.alden(cyroundrocl texas.gov RE: Oak Bluff& Greenfield Drainage Improvements Letter of Recommendation for Contract Award Dear Mr. Halden, The bid opening for the Oak Bluff& Greenfield Drainage Improvements project occurred on Tuesday, October 22,2019. A total of nine(9)bids were received. A summary of the three lowest bids is provided below: Alt.1 Bid No. I Plus Bidder Add 1 Smith Contracting Co.,Inc. $1,770,012.25 2 Patin Construction,LLC $2,041,782.50 3) Austin Engineering Co.,Inc. $290581229.50 This project was bid with an Alternate bid for pipe material and an Add Alternate bid. Based on the bids received, acceptance of the Alternate #1 plus Add Alternate #1 provides the City the best value for this proj ect. LAN performed a due diligence review of the bid information provided and checked references for the apparent low bidder. Smith Contracting Co., Inc. provided all required documentation, has completed projects of similar size and complexity, and is available to complete the project within the project schedule. Therefore, LAN recommends that the contract for construction of the Oak Bluff& Greenfield Drainage project be awarded to the lowest responsive bidder, Smith Contracting Co., Inc., for the Alternate Bid No. 1 Plus Add Alt. No. 1. Please contact me at(512) 338-2745 or T Mi.claelLdan.-inc.com should you have any further questions. Sincerely, t k Travis Michel,P.E. Associate, Sr. Project Manager Attachments: 1) Bid Tabulations 8911 N Capital of Texas Hwy,Building 2,Suite 2300 Austin,Texas 78759 512.338.4212 www.lan-inc.com CERTIFICATE OF INTERESTED PARTIES FORM x.295 loft Complete Nos.1-4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing forth,and the city,state and country of the business entity's place Certificate Number; of business. 2019-562337 Smith Contracting Co,, Inc. Austin,TX United States bate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/18/2019 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Oak Bluff&Greenfield Oak Bluff&Greenfield Drainage improvements, Project consists of improvements to the City's Storm Water system. 4 Nature of interest Name of Interested Party City,State,Country(place of lousiness) (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name Is and my date of birch is A'2 Z My address is '1 Y"� (street) (city) (state) (zip coda) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 1 lit 1< County, State of rt ,on the day of Xd W Ft 20—LV—. (month) (year) Signature of authorized agent of contra ting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-562337 Smith Contracting Co., Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/18/2019 being filed. City of Round Rock Date Acknowledged: 11/20/2019 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Oak Bluff&Greenfield Oak Bluff&Greenfield Drainage Improvements. Project consists of improvements to the City's Storm Water system. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d