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R-00-07-13-10E1 - 7/13/2000RESOLUTION NO. R- 00- 07- 13 -10E1 WHEREAS, the City of Round Rock has duly advertised for bids for the Phase II development of Old Settlers Park at Palm Valley, and WHEREAS, Ranger Excavating, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Ranger Excavating, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Ranger Excavating, Inc. for the Phase II development of Old Settlers Park at Palm Valley. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED ATTEST: City of Round Rock, Texas huyboL ANNE LAND, City Secretary E,\ WPDOCS \RESOLUTI \R00713E1.WPU /sc this 13th day of July, 2000. R LaillkaT ,,4 RO A. STLUKA, J•f, Mayor BAKER - AICKLEN & ASSOCIATES, INC. Engineers /Surveyors June 6, 2000 Mrs. Sharon Prete Parks and Recreation Department 615 Palm Valley Drive Round Rock, TX 78664 RE: Old Settler's Park at Palm Valley Drive 1999 Site Improvements (Phase 2) Dear Mrs. Prete: As you are aware, bids were opened at 2:15 p.m., Tuesday, May 30, 2000 for the "Old Settler's Park at Palm Valley — 1999 Site Improvement (Phase 2)" project. A total of seven (7) bids were received, with the lowest bid submitted being from Ranger Excavating, Inc. of Austin, TX in the amount of $908,404.40. A complete bid tabulation is enclosed for your review. Ranger Excavating, Inc. has completed many site development projects in the Central Austin area. We have interviewed the references supplied by Ranger (copies attached) and are satisfied as to their capabilities to complete the project. Based upon their past expenence, performance and submission of the lowest and best bid, we recommend award of this contract to Ranger Excavating, Inc. in the amount of $908,404.40. If you have any questions or comments, please feel free to call at your convenience. Sine , � A. W.O' c Project Manager Enc. cc: Danny Halden, P.E., Dept. of Public Works Mark McKenzie, Ranger Excavating, Inc. o \ 601 - 523- 35lsharonpreteltr6- 6 -0O.doc 203 E. Main St.. Suite 201 • Round Rook. Texas 76664 • 512/244-8620 • FAX 512/244 -9623 hetees OM Smith Sul a Pales Valley. 1999 See Impeoemm61Plmu 3) Omer C,7 of Route Seek le Number 001.520 Be Dec May353W0 Prosecatsescoa. ewe Sod, Maumee Gene,, Texas eats, 1,4 8m5e70.nun5.le Bel Bed' gm Tx BGM Constructors, LP u5mlle7x P059 Bel Bondi STN Congener, lm. eenaeea Chase Cements Rowe e064,Tec Bocce B C.G Grime Esteem LTO ce,Tx ' Yn 4C. Evam.m7009 Baca Y Trans Penns S Excavates Bump,. 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Inc 1367 Be, Yes ROM Cons..., LP id B.an p+l.kix 57 Constructors, Inc. Inc. Georgetown, 1381 Bond Yes C6+ BM Bor, Cmm536 RO1le Yes CC Culmn ustr BAMBond1AV nin, T% 4.70 1 C Enna Construct. 13. Bone nsun, T% vn Tn w Nuns A EacavmOn Yes 866.67 Yes ddtNmn _ 1566 Yn 66.166"3 s Addendum Yn 1 dum �— m YesA um Y Bid Item S,4.ce Eel2n54 L a m Of nesnsary) mlu4ne 4 try 10- 166.x^3 appurterunces, and 41.416 1555 0 1116, Om ]3 7 Le S 17 00 5 1 4.88300 5 5000 S 11,81000 S nn 1926 8 4316,01 5 1900 5 Cm 4,81100 Unn Prce 5 2000 5 5.140 CO 5 21 5 Can 39700 5 1500 5 6,2500 366•CA00Wares Line, ixludnlal 50545 and appamu4e66.mde'e in Owe. 1.841 LF S 2110 5 38,78100 5 2450 5 4432100 5 4041 5 74.61721 S 1600 5 4101200 5 1800 5 1134600 5 34 50 5 61,8130 5 1000 5 55 410 00 6 Gate Valve,me1Wn1 5 . 9 pre sad 53J24105m 643082409ee 3 EA 5 41000 5 2.64000 5 500 00 5 130000 5 65402 5 190106 5 65000 4 195000 5 80000 5 ;40000 2 90000 S ;'10000 0 130000 6 430000 366'PVC,5eLe06 40A44e73W53,63 Use. In 44155 5 all Armes sa s 91048$ postenntee .9151 910959- 024 LF 5 2100 5 2.60400 4 1200 5 5,47200 S 17'72 5 4,67111 5 1210 $ 0.19480 5 1800 5 231200 5 2800 5 1,41200 5 3000 5 1,72000 378• PVC. Wavle 40.Wa4e Lsre 21666181 all ramp aM leapke aea, comp m e sppunm. 60 IF 5 13 00 5 138000 5 1400 5 1,24000 6 4616 e S 076960 • _ " S 1710 2 1,06200 5 2200 5 131000 5 3000 5 1,100 00 $ 6000 5 344000 361 Wee 61033591175449110e 3 EA 5 130030 5 4300 00 $ 60000 5 1800 00 5 1,42696_ S. 438033 4 400 00 5 130000 5 2300 00 5 1.500 00 5 85000 5 215000 5 13000 6 4300 00 391'6a46 910v Roemer. complete 4 plate. 3 EA 5 60000 2 1,800 00 S 94400 5 233200 4 891 85 ' 5 267335 5 14000 5 36000 5 1300 00 5 1.60000 $ 65000 5 195000 5 1,00000 5 1,00000 aen6 Pipe, eamplee in 40 14'Ercum plaa 43 LF S 6100 5 288100 5 5200 5 2116 00 5 111.19 Y S 531117 5 4720 $ 201960 2 4500 5 193500 5 6600 5 191800 5 15030 5 445000 41 6 S14aw,earyleum 5k1e 909 LF 5 1500 5 14,08500 5 500 5 4.69500 2 2920 5 ., 21 ,066.71, S 1400 5 13.14600 5 18,00 5 1690200 5 12.01 5 1137739 5 2000 0 1478000 41 Fre 1150,4A644E066450142450' One Valve, valve 85x, 40 09 fdnss 116111.669x66 1co91eu 1 PA 5 210000 5 1.80000 5 3,100 00 5 1.10000 5 231174 5 331174 5 2100 00 5 2100 00 5 2,80000 5 484000 5 485000 5 215010 6 1.500 00 S 730000 4329852.1302mnb16,32ee2e00 Concrete Pal Pmt Mew .,Gate Vah8,9 appusunarres. 544222 Ac414kvs,Gmve3 F...compMelS Plan 4 E A 5 90000 5 1,60000 5 1.50000 5 630000 5. 143642 5 1,94568 . 5 47000 5 1.14000 3 65000 5 260000 2 3.45000 5 510000 5 139000 S 5,00000 ker Sem91ete 21 nu Lme4x ,P K place 9 EA $ 4000 S 16000 S 1700 S 153 00 f- 02731 ;00109 5 2500 5 22500 5 25000 5 215000 5 7500 5 67500 5 25000 5 225000 PV14024e42e40.E6e7e41 122UR50mp151c 4 place 444 IF 5 3000 5 4,44000 5 600 5 266100 5 933 5 3 694 01 5 1140 5 322920 5 1000 5 440050 5 816 5 3.673 04 5 1500 5 646000 C , 5 u 0 10 E144404 46 PV 46tl C4 du3 complete us ;We 4746051100 5 5,61000 S 700 5 8,61500 6 1070 5 4,00130 5 1410 5 531080 5 1300 S 496200 5 883 5 130242 5 20 5 7,48000 47 S41 Fete compl.e ut piste 4376 4452205511430 5 1 5 0 5 6,414 00 5 1 5 5 5 461710 5 170 S 136910 4 300 5 11,81100 5 150 5 479184 S 300 5 3254600 48 Rock 4a..tacnpleteupluce 230 LF 5 1200 S 2,26000 5 1100 5 2,11000 5 1189 5 2,73470 5 1280 5 294400 5 2000 5 4,600 00 S 1175 5 270120 5 3000 5 6,90000 4554808.C6906u208 5 4 0 5 0 5 35 0 7, complete In 5441 5 EA 5 100 10 4 1 3 4 8 $ 4 5 8 5 0 0 0 5 6 , 5 4 0 0 1 5 4 , 7 9 2 9 6 237325 . 5 900 00 5 4.500 00 S 1 200 00 5 6,50000 5 75000 5 5.75000 5 130000 6 7.70000 etle Noel Cells wh, 4 are shaded show methe4rad0al mars male on 1Ae64nlramam bid sheer. Thu bid sheet5A9w9 the correct oral coo baud upon 006143menmm unit cost far Mr applicable Um. 3.13.6/33,3e vavo 19.114 4.3,333,43 aorodern Qumny Unn Ranger Eaunm&lee 400 40. Bel Bad RGMCOmoucmn, LP 1.04eemlk TX 577 Ca4004,0 .1. B. Qa10oCma.ung TX Yea C C. Cmlmn]634(400. LTD 4(4 T% 0. B. Bane 7C. Ems Caema344 m0., TX 0. Bane Tents P4mg AEnay14M -- Baop.T% m BM BwM Addendum Cal Una Pace Can Con U^ 0MUm Ad U4n Addendum/ a,6mAddendum/ U Can A U M. " 50000 Cost 50 Removal of Eanm {1..00,45 Cmmama EaT.Son. comp. in place 1 BA 5 60000 5 60000 5 SOO DI S 50000 5 59157 1 59437 5 13000 5 12000 5 5 85000 5 5 50000 5 5 50000 51 Tee Pmna05.0m0k14 m 3144e 1 19 5 5,00000 6 5,40000 5 6,00000 5 600010 $ 5.61866 5 5 615 66 5 800000 5 400000 5 330000 5 330000 5 469400 6 369100 5 6,00000 5 600000 32 Mena. and mn{ Tr.. m per PARD m BD.0 1 EA 5 60000 5 60000 5 3,00000 5 ],00000 4 1,15941 5 1,15941 1 00010 4 40000 5 1.303 00 5 1 .00000 5 50000 1 50000 5 130400 4 1,00000 51 Remove 806Sebum Ee00, 91360 G nil, as per PARR, mmplem m 1 15 5 60000 5 60000 5 50000 5 50000 5 39738 5 39738 5 35000 5 15000 5 55000 5 85000 5 75000 5 75000 5 L00000 5 1,00000 TOTAL BASE BID(Berra 118.44453• 5 5444940 5 98337615 5 97411546 51.113.01945 5 1,16131475 5 1,344950.0 5 1315,51115 5055 '9ee15upa,mnpleb m Oita 102 EA 5 31.00 5 336600 S 6600 4 4132 00 5 3199, 5 1.4567{ 5 33 00 5 1,05000 5 300 00 5 20.400 00 4 3500 0 337000 5 5000 5 5,100 00 55 Ahern. P.m. 540010.1(4 3,155 SY Pam4mn031mmgoe m plea 5 575 5 19.111 75 5 2510 5 54,63500 5 010 - 5 1,09230 - 5 900 4 19,66500 5 150 • 4 546330 4 723 4 15,77570 S 1370 5 4993430 TOTAL ALTERNATE BID (Woos 50M1.Op551, TOTAL BASE ALTERNATE BID Olma 106401885? 5 5 1141175 550.885.15 5 4635700 51f01,731 4 •'S • 3,76138 090408574 5 31,74530 5 1.1496409 5 5 14,937.50 1,176,95625 5 5 19,34570 119930749 5 5 15,95130 137036570 Noel Cells wh, 4 are shaded show methe4rad0al mars male on 1Ae64nlramam bid sheer. Thu bid sheet5A9w9 the correct oral coo baud upon 006143menmm unit cost far Mr applicable Um. 3.13.6/33,3e vavo 19.114 4.3,333,43 aorodern DATE: July 7, 2000 SUBJECT: City Council Meeting — July 13, 2000 ITEM: 10.E.1. Consider a resolution authorizing the Mayor to execute a contract with Ranger Excavating, Inc. for the Phase II development of Old Settlers Park at Palm Valley in the amount of $908,404.40. This project includes construction of 6 lighted tennis courts, waterline improvements to the football fields, road improvements to the new pavilion/playground area, pavilion slab, and maintenance facility improvements. Staff Resource Person: Sharon Prete, Parks and Recreation Director. 1 1. 1 1 1 1 1 1 1 1 1 1 1 s APPROVED BY 'I CITY A o' *FINEY 1 FOR May, 2000 ie_00-01-13-10E1 CONTRACT DOCUMENTS AND SPECIFICATIONS Old Settler's Park at Palm Valley 1999 Site Improvements (Phase 2) • \ v, Prepared by: Baker-Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 B-A Project No. 601-523 05/24/00 WED 14:42 FAX 512 260 3701 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II BAKER- AICKLEN & ASSOCIATES, INC. Engineers /Surveyore Baker- Alcklen /CP 4+ SA -RR Old Settler's Park at Palm Valley —1999 Site Improvements (Phase 2) Project No. 601 -523 May 24, 2000 ADDENDUM #1 1) Correction - Section 3.0, Post Bid Documents, page PBD -1. The contractor is to complete the project within 240 calendar days instead of the 45 calendar days as shown. 2) Clarification — There is no geotechnical investigation for this project. 3) Addition - Bid Item 6a. This new bid item shall be included in the base bid (Items 1 -53). 6a. 8,760 SY Laykold Color Coat 100, or approved equal, complete in place. dollars cents. S $ 4) Clarification — Details 5/13 and 7/13 on sheet 13 of the plans show a 2" mesh for the fencing fabric. The mesh shall be 1 -3/4" to be consistent with the Tennis Court Specifications, Section 3.02. 5) Clarification — Details 5/13 and 7/13 on sheet 13 of the plans show 2" diameter posts. The post diameter shall be 3" to be consistent with the Tennis Court Specifications, Section 3.04. 6) Clarification — Details 5/13 and 7/13 on sheet 13 of the plans show the posts set 22" in depth in 24" of concrete. The posts shall be set 34" in depth in 36" of concrete to be consistent with the Tennis Court Specifications, Section 3.09. 7) Clarification — The attached tennis court specifications shall replace the previous Tennis Court Specifications, Section 7.0 of the Contract Documents. 203 E. Main St.. Suite 201 • Round Rock, Texas 75664 • 612/2.1 • FAX 512/244-9623 IZ002 1 05/24/00 WED 14:42 FAX 512 280 3701 Baker- Alcklen /CP +-4. BA -RR 8) Addition — The following shall replace "Section 3.0" of the Special Conditions. Section 3A - Traffic Control — One lane shall be provided for park visitors and emergency vehicles at all times. If it becomes necessary to restrict access, the Contractor shall get prior approval from Owner. If approved, the Contractor shall notify all applicable agencies (i.e. City of Round Rock Fire Department, E.M.S., City of Round Rock Public Works, City of Round Rock Parks and Recreation, etc.). At the end of each work day and/or two -hours prior to the start of all Round Rock Express Home Games, two lanes of traffic shall be opened to the public and no construction- related equipment shall be active or staged on Harrell Parkway. In addition, the Owner requires that both lanes of traffic be open to the public and no construction - related equipment shall be active or staged on Harrell Parkway on the following days: June 24, 2000, July 4, 2000, August 26, 2000, September 15, 2000, September 16, 2000, October 7, 2000, October 20, 2000, October 21, 2000, October 27, 2000, November 10, 2000, and November 11, 2000 for scheduled activities, festivals, etc, The weeks of June 19 -23, 26 -30 and July 10 -14 there will be Summer Camp activities going on, so the Contractor should expect additional traffic through (and usage of) the park. The Contractor shall be responsible for all maintenance, signage, and safety precautions necessary to safely direct traffic through the construction area. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. All bidders shall acknowledge receipt of Addendum No. 1 on Page BD -16 of the proposal. Sincerely, � . E h. 1ty_ OF Garrett J. Tuttle, P.E. 0 GARRETT J• TUTTLE 85169 h h hpNat- �_ r U003 1 05/24/00 WED 14:43 FAX 512 260 3701 Baker- Alcklen /CP 1.01 Soil Sterilant 1.02 Flexible Base (6 ") 1.04 Color Finished Course Tennis Courts — 2.0 Finish Course Tennis Courts 44 BA -RR 1.0 General Requirements and Qualifications The Contractors bidding on work outlined hereafter must be experienced tennis court contractors and must be able to provide a reasonable testimony of recent work. The complete tennis courts shall conform to the applicable portions of the plans and governed by the following specifications. 1.01 Subgrade Preparation (6") City of Austin Standard Specifications, except as modified for City of Round Rock herein. The finished subgrade shall be sloped as indicated on the plans. A soil sterilant shall be uniformly applied over the prepared subgrade in accordance with manufacturer's recommendations. Extreme caution should be exercised. All sterilants should be in compliance with state and federal environmental regulations. Sterilant shall be subsidiary to subgrade preparation. City of Austin Standard Specifications, except as modified for City of Round Rock herein. The finished base shall be sloped as indicated on the plans. 1.03 Hot Mix Asphaltic Concrete Pavement (1 - 1/2" — 2 ") Prime Coat — City of Austin Standard Specifications, except as modified for City of Round Rock herein. Hot Mix Asphaltic Concrete Pavement — City of Austin Standard Specifications, except as modified for City of Round Rock herein. 1.05 Playing Lines After the surface is thoroughly cured, 2 inch wide playing lines shall be accurately located, marked and painted as per USLTA Specifications with Laykold White Line Paint, or approved equal. Z004 05/24/00 WED 14:43 FAX 512 280 3701 1.06 Net Posts and Nets Baker- Aicklen /CP BA -RR Furnish and install net posts, ground sockets, internal net reels, center strap, net center anchor, and all related fittings and appurtenances as manufactured by Ball Products (or approved equal), 510 West Arizona Ave.. Deland, Florida, 32720 (Phone 1 - 800 - 767 - 2255). These items shall be subsidiary to bid item #25 "Tennis Court Nets and Posts ". 1.07 Fencing — Galvanized Chain Link Tennis Courts — 10 Galvanized Chain Link Fencing 1.08 Measurement and Payment Measurement and payment shall be for full compensation for furnishing all materials, equipment, labor, tools and incidentals necessary to construct the tennis court, complete in place, in accordance with the Plans and the bid proposal. 2.0 Tennis Courts — Finish Course The finish course shall not be applied until the hot mix asphaltic concrete course is thoroughly cured. Laykold Resurfacer shall be applied to the clean underlying surface in two or more applications to obtain a total application rate of 17 to 28 gallons per 1,000 square feet of area (0.15 to 0.25 gallons per square yard), based on the material prior to any dilution. No application shall be covered by a succeeding application until thoroughly cured. Dilution of resurfacer with water to obtain workability is permitted. The diluted material shall be homogeneous and segregation shall not be tolerated. Prior to application, waterfogging of hot surfaces is permitted but standing free water is prohibited. After the resurfacer has thoroughly cured, the entire area shall be rolled with a 2 to 4 ton steel wheel tandem roller, and water flooded. Any areas holding over 1 /8" depth of water shall be leveled with resurfacer and allowed to thoroughly cure, then rolled with a 2 to 4 ton steel wheel tandem roller. 2.01 Color Finished Course Laykold Colorcoat 200, or approved equal, shall be applied on the clean, dry underlying surface in two or more applications to obtain a total application rate of 11 to 18 gallons per 1,000 square feet of area (0.10 to 0.16 gallons per square yard), based on the material prior to any dilution. No application shall be covered by a succeeding application until thoroughly cured. ICJ 0 1 05/24/00 WED 14:43 FAX 512 260 3701 Baker- Alcklen /CP 14. BA -RR fJ ()O8 Dilution of Colorcoat 200 with water to obtain proper application consistency is permitted up to a maximum of 3 parts Colorcoat 200 to 2 parts water. The diluted material shall be homogeneous. Segregation before or during application will not be permitted. The finished surface shall be smooth, free of ridges, valleys and tool marks. Laykold Colorcoat 100, or approved equal, shall be applied to the clean, dry underlying surface in multiple applications to obtain a total application rate of 4 to 8 gallons per 1,000 square feet of area (0.04 to 0.07 gallons per square yard), based on the material prior to any dilution. No application shall be covered by a succeeding application until thoroughly cured. Dilution of Colorcoat 100 with water to obtain application consistency is permitted up to a maximum of 4 parts Colorcoat 100 to 1 part water_ The diluted material shall be homogeneous. Segregation before or during application will not be permitted. The finished surface shall be smooth, free of ridges, valleys and tool marks. 2.02 Playing Lines After the surface is thoroughly cured, 2 inch wide playing lines shall be accurately located, marked and painted as per USLTA Specifications with Laykold White Line Paint, or approved equal. 2.03 Weather Limitations No part of the construction shall be conducted during rainfall or when rainfall is imminent or unless the air temperature is at least 50° F and rising. 2.04 Measurement and Payment Measurement and payment shall be for all equipment, materials, labor, tools and incidentals necessary to complete the finish course on the tennis court in accordance with the Plans and bid proposal. 3.0 Tennis Courts — Galvanized Chain Link Fencing 3.01 Height of Fence Overall height of fence when erected shall be as shown on the plans. 05/24/00 WED 14:44 FAX 512 260 3701 Baker- A1cklen /CP 3.02 Chain Link Fabric The chain link fabric shall be No. 9 gauge and 1 -3/4 inch mesh conforming to Standard Specifications for Zinc - Coated Iron or Steel Chain Link Fence Fabric Galvanized after Weaving, Class II, ASTM Designation A - 392 or Standard Specifications for Aluminum- Coated Iron or Steel Chain Link Fence Fabric Galvanized after Weaving, Class II, ASTM Designation A-491. Top and bottom selvage shall have a knuckle finish. Fabric shall be free of barbs, icicles, or other projections resulting from the galvanizing process, and any fabric not free thereof will be rejected even though erected. Bottom of fence fabric shall be 3/4" plus or minus 3/4" above court surface. 3.03 Line Posts Line posts shall conform to the Standard Specifications for Black and Hot - Dipped Zinc - Coated (Galvanized) Welded and Seamless Steel Pipe for Ordinary Uses, ASTM Designation A -120, Schedule 40, weighing 3.65 pounds per linear foot. The chain link fabric shall be tied to the Line posts with No. 9 gauge soft annealed galvanized tie wire. 3.04 Terminal and Gate Posts 444 BA -RR Terminal and Gate Posts shall conform to Standard Specifications for Black and Hot Dipped Zinc - Coated (Galvanized) Welded and Seamless Pipe for Ordinary Uses, ASTM Designation A -120. End, comer and gate posts (shall have an outside diameter of not less than 3 inches and weight of not less than 5.79 pounds per linear foot, Schedule 40. 3.05 Terminal and Gate Post Fittings Terminal and gate post fittings, including tension bands, brace connections, and top rail connections, shall be No. 9 gauge, hot - dipped, galvanized, cold -rolled carbon steel. No aluminum, cast iron, or pot metal fittings will be accepted as equals or substitutes. Top rail, brace, and truss bands shall not be less than 1 inch wide, secured by 3/8 inch diameter carriage bolts and nuts. 3.06 Top Rail Top rail shall meet the same specifications of quality as line and terminal posts. The top rail shall have an outside diameter of 1 -5/8 inch and weigh 2.27 pounds per linear foot. An outside sleeve -type coupling measuring not less than 7 inches in length shall be provided at each interval of 20 feet. The chain link fabric shall be tied to the top rail at intervals of 12 inches with No. 9 gauge soft annealed galvanized steel or aluminum tie wire. . 0007 1 05/24/00 WED 14:44 FAX 512 260 3701 Baker- Alcklen /CP 3.07 Braces for Terminal and Gate Posts Terminal and gate posts shall be strengthened and reinforced by braces meeting the same specifications of quality as line and terminal posts. Braces shall be installed midway between top rail and court surface. Braces shall be securely fastened to posts by heavy pressed steel connections and also be trussed from line post back to terminal post with a 3/8 inch round truss rod complete with tightening unit. 3.08 Bottom Tension Wires 444 BA -RR Bottom tension wires shall be No. 7 gauge galvanized steel coil tension wire, high carbon or hard drawn, ASTM designation A -116, Class II, Galvanized or Aluminum Coated, fastened to the chain link fabric at intervals of 24 inches with No. 11 gauge galvanized steel hog rings. 3.09 Post Spacings and Settings Line and terminal posts shall be set in concrete foundation not less than 12 inches in diameter and not less than 36 inches in depth. Concrete shall be Class "A" with a 28 day compressive strength of 3,000 psi. Spacing of posts in the line of fence shall be uniform and no more than 10 feet apart. 3.10 Post Tops Tops of line posts shall be of a malleable casting. The base of tops shall extend below the top of the post not less than 2 inches. Terminal post tops shall be of malleable iron, be one of the manufacturer's standard designs as selected or approved by the Engineer and be designed so as positively to exclude all moisture from the terminal post. 3.11 Measurement and Payment Measurement and payment shall be for all equipment, materials, labor, tools and incidentals required to construct fencing in accordance with the Plans and bid proposal. tai 008 11 05/25/00 THU 15:03 FAX 512 280 3701 �1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 1 1 BAKER - AICKLEN & ASSOCIATES. INC. Enelnaera /Sur 2) Clarification — Baker- Alcklen /CP Old Settler's Park at Palm Valley —1999 Site Improvements (Phase 2) Project No. 601 -523 May 25, 2000 ADDENDUM #2 General Conditions Section 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the engineer or his representative +-44 BA -KK 140002 1) Correction — Bid Item 19, 10' Fencing, including all fittings, and appurtenances, complete in place has an incorrect quantity of 1,258 LF. The correct quantity shall be 1,978 LF. Special Conditions Section 2.12 Construction Staking All construction staking required to complete the work shall be provided by the Contractor The Special Conditions, Section 2.12 Construction Staking shall take precedence. All bidders shall acknowledge receipt of Addendum No. 2 on Page BD -16 of the proposal. Sincerely, ;g ��OF rah, Garrett J. Turtle, P.E. GARRETT J. TUTI�E. 65169u r t a�s C!c s , * 8NAL' 57z 5 0 203 E. Mein 5t., Suite 201 - Round Rock, Texas 78864 - 512/2449620 - FAX 512/244 -9623 1 1 1 .1 1 1 1 1 1 1 1 1 1 1 05/26/00 FRI 14:15 FAX 512 260 3701 Baker - Alcklen /CP - 44. BA -RR UU :FA & AS OCI CKLEN 6. ASSOCIATES, INC. Engineer= /SUrvayore Old Settler's Park at Palm Valley —1999 Site Improvements (Phase 2) Project No. 601 -523 May 26, 2000 ADDENDTJM #3 1) Clarification — Asphalts, Oils and Emulsions (COA Item 301) The asphaltic materials used shall conform to Item No. 301/301S, "Asphalts, Oils and Emulsion" as follows 1. Air Temperature 65 to 80 °F (18 to 27 °C), HFRS -2 and applied at the approximate rate of 0.30 to 0.35 gallons per square yard or as directed by the Engineer or designated representative. 2. Air Temperature over 81 °F (27 °C), RS -2 and applied at the approximate rate of 025 gallons per square yard or as directed by the Engineer or designated representative. Aggregates for Surface Treatment (COA Item 302) The aggregate to be used is Type F and shall meet the applicable requirements of this section. The application rates chill be as follows — First Course — The aggregate shall be applied at the approximate rate of 15 to 20 lbs. per square yard or as directed by the Engineer or designated representative. Second Course — The aggregate shall be applied at the approximate rate of 14 to 18 lbs. per square yard or as directed by the Engineer or designated representative. The Contractor will be responsible for maintaining all streets until final acceptance of the project. Maintenance will consist of removing excess aggregate with vacuum — type sweeper, rolling and adding more aggregate as directed by the Engineer. Excess aggregate shall be stockpiled at a location as directed by the Engineer. 203 C. Main 6t., Sultc 201 • Round Rook. Tomoe 75584 • 512/244 -9520 • FAX 512/24a. -9623 ' 05/26/00 FR1 14:15 FAX 512 260 3701 Haller A1CKlen /CF 4-44 DA -61C w_fut, Equipment (COA Item 312.3) Steel (Flat) wheel rollers shall not be used. All bidders shall acknowledge receipt of Addendum No. 3 on Page BD -16 of the proposal. Sincerely, 'TFOF 7h Garrett J. Tuttle, P .E. •''• " a1B9" F yy CENS,,E per' 570 G/ TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 Instructions to Bidders Bid Bond Proposal Bidding Sheet 3.0 Post Bid Documents PBD -1 Agreement Performance Bond Payment Bond Certificate of Liability Insurance Warranty Bond 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Tennis Court Specifications TCS -1 8.0 Plans, Details and Notes PDN -1 table doc 1.0 NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled "Old Settler's Park at Palm Valley, 1999 Site Improvements (Phase 2)" (including site grading, parking lots, tennis courts, pavilion slab, 6" water line, 8' concrete sidewalks), will be received until 2:15 p.m., Tuesday, May 30, 2000 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed Bid for Old Settler's Park at Palm Valley, 1999 Site Improvements (Phase 2) ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be retumed unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the office of the Engineer, Baker - Aicklen, Inc., 203 East Main Street, Suite 201, in Round Rock, Texas (512- 244 -9620) beginning May 15, 2000 for a non - refundable charge of $ 50.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: Monday, May 15, 2000 Monday, May 22, 2000 Monday, May 29, 2000 notice doc NOTICE TO BIDDERS NB -1 2.0 BID DOCUMENTS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. blddoo.doo INSTRUCTIONS TO BIDDERS BD -1 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after writteri notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, 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 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. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. - 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. blddoc doc BD -2 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material famished. 17. 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 finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock 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. In 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 contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock 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 of Round Rock 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 of Round Rock. 18. No conditional bids will be accepted. 19. 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 of Round Rock, 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 accordance with Section 2253.021(c). biddoc.doc BD -3 Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, DM HARTFORD Ranger Excavating, Inc. as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut , whose principal office is in Hartford , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock as Obligee, hereinafter called the Obligee, in the sum of 5% of maximum amount bid Dollars ( $ ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for "Old Settler's Park at Palm Valley, 1999 Site Improvements (Phase 2)" NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of May A.D. 2000 Witness - (If Irdi ,p Attest 4./ (Approved by the American Institute of Architects. A.I.A. Document No. A -310, 1970 Edition) Form S- 3266.4 Printed in U.S.A. 12 - 70 Hartford Fire Insurance Company (SEAL) BY 7Z) Nina'Smith Attorney -in -fact (Title) (SEAL) 1 1 1 1 1 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY. a corporation duly organized under the laws of the State of Connecticut, and having as principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint ROBERTJAMESNITSCHE, DAVID P. FERGUSON, VIOLET FROSCH, NINA SMITH and ROBERT K NI7SCHE of GIDDINGS, TEXAS I as true and lawful Attomey(s)-in -Fact, with full pourer and authority to each of said Attomey(s) -in -Fact, m their separate capacity If more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in Its business of guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies, guaranteeing the performance of Insurance contracts where surety bonds are accepted by states and municrpalibes, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to I bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other wntings obligatory m the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that as said Attomey(s) -in -Fact may do in pursuance hereof This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company') as amended by the Board of Directors at a 'meeting duty called and held on July9, 1997, as follows. SECTION 7. The President or any Vice President or Assistant Vice- President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and I execute and attach the seal of the Company to bonds and undertakings, recongniizances, contracts of indemnity and otherwntngs obligatory in the nature thereof, and such Instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. • SECTION 8 The President or any Vice - President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authonty to appoint, for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant ' Secretaries and Attorneys -In -Fact and at any time to remove any such resident Vice- President, resident Assistant Secretary, or Attomey -in -Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company maybe affixed to any such pourer of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate beanng such facsimile signatures or facsim,Ie seal shall be valid and binding upon the Company and any such power so executed and certified ' by facsimile signatures and facsimile seal shall be valid and binding upon the Company m the future with respect to any bond or undertaking to which m is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by as Assistant Vice- President, and Its corporate seal to be hereto affixed, duly attested by Its Secretary, this 14th day of May, 1999. 1 ,f2 HARTFORD FIRE INSURANCE COMPANY /0gA k aul A. Bergenholtz, Assistant Secretary ' STATE OF CONNECTICUT COUNTY OF HARTFORD Signed and sealed at the City of Hartford . Form 5- 3507 -9 (HF) Printed in U.S.A. SS. Hartford ARTICLE IV CERTIFICATE Robert L Post, Assistant Vice President I On this 14th day of May, A D. 1999, before me personalty came Robert L Post, to me known, who being by me duly sworn, did depose and say. that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice- President of HARTFORD FIRE INSURANCE COMPANY, the corporation described In and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order I I, the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force and has not been revoked, and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Dated the 30TH day of MAY )IX 2000 +"( � SEAL 'chard L. Marshall, Jr., Assistant Secretary lean 11 Wozniak Notary Public My Commission Expires June 30, 2004 J Dennis Lane, Assistant Vice President 1 1 JOB NAME: Old Settler's Park at Palm Valley - 1999 Site Improvements (Phase 2) 1 DATE: May 30, 2000 Gentlemen: 1 1 1 PROPOSAL BIDDING SHEET w' ' JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned ' bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached supplemental specifications, and as shown on ,, the plans for the construction of Old Settler's Park at Palm Valley - 1999 Site Improvements (Phase 21 and binds himself on acceptance of this proposal to execute a contract and bond for ' completing said project within the time stated, for the following prices, to wit: ' Bid Item Description Item Quantity Unit and Written Unit Price ' 1. 1 LS Mobilization, complete in place. 1 BASE BID ./4.E1 "9); 7 dollars 7,E2o cents. 2. 1 LS Unclassified Excavation, Grading, including moving spoils around within the park, complete in place. atell1 >�rm.-0 dollars Z24, cents. I 3. 44,265 SY Subgrade Preparation, complete in place. 1 1 xolc. dollars 2..E/1.4 cents. I Bid Item Description ' h,ddoc.doc BD -5 1 Unit Price $1(0 Unit Amount /I Item Ouantity Unit and Written Unit Price Price Amount _.__.. ' 4. 8,760 SY 2" HMAC Type "F ", complet in place. i.Z dollars �3� $ (4� °� GiTY cents. $ 5. 27,398 SY Two Course Surface Treatment, co in place. T wo dollars 35' 3a it t YZ 1 /tom cents. $ Z $64- 6. 8,760 SY Laykold Color Coat 200, or approved equal, cop lete in place. /fdvt5` dollars ( 7 d2 °° / A i // ZE/Lt? cents. $?/_ $/7 0 G , (0A $7/D SY - Voce-44s ? 26 (. .-eC t Z ' it//‘2-6f 7. 34,125 SY 12" Flexible Base Course, complete in place. 8. 10,140 SY 6" Flexible Base Course, c omplete in place. l id dollars e /6 t17`/ cents. $ .3 9. 5,361 Gal. Magnesium Chloride, complete in place. biddoc.doc St x dollars _ (� cents. $ ? $ 724 ,37 `� ZEry o dollars See. St u'C( cents. (o $3 BD -6 Bid _ Item Description Item Ouantitv Unit and Written Unit Price 10. 2,052 LF 18" Wide Ribbon Curb, complete in place. x/r a.0 11. 3,213 SY 8' Wide Sidewalk, c91nplete in place. 'f� N t -2--rt U tz 12. 12 SY 4' Wide Sidewalk, complete in place. 1171 r rat o ECG' dollars i o� 2‘,../Lo cents. $ 3 I $ 372- 13. 473 SY Pavilion Slab, excluding Piers and the Pavilion Structure, complete in place. dollars !� 0 . / .- °� 2_E 4-o cents. $ ` $ 11 t 14. 1 LS 10'x5'xl' Containment Box, complete in place. „w -rtI.a.SA'J3 dollars y r o cents. $2‘.:00 $z- °a o 15. 150 LF Guard Rail, " omplete in place. w Ova dollars o?„, o3 2e n-0 cents. $ 2-.1 $3, lea biddoc.doc BD -7 dollars cents. Unit Price Amount dollars oo `3:.• q cents. $ 1 • $ !a, 4S Bid Item Description __._. Unit Item Quantity Unit and Written Unit Price Price Amount 16. 2 EA 6" Dia. Pipe Bollards, 1 complete in place. ��'' q , .iu�neDC -r dollars Q °r $ . 7C0 'fEZz cents. I 17. 33 EA Traffic Signs, complete in place. 1 O' cal' dollars a.) `2l A cents. $ $ " 18. 162 LF 8' Fencing, including all fittings, 1 Viand appurtenances, complete in place. . SE dollars 1 — 2-C- - -1-0 cents. '2 cents. $3 7 $.5; I 19. 48- LF 10' Fencing, including all fittings, 114118 and appurtenances, complete in place. 1 , r 1 - 4 - 6 . 4 1 t 0.--. dollars 2 '. $4-1438 '7$4-0 cents. dollars 1 20. 41 LF White, 12" Wide, Thermoplastic, Pavement Marking with Sealer, 1 co plete in place. G L. dollars °= '= "J,E� cents. $ $ Zoe 1 21. 1,654 LF White, 4" Wide, Thermoplastic, 1 Pavement Marking with Sealer, complete in place. dollars 1 ZG� cents. $ . $ 1 1 biddoc doc BD -8 1 Bid Item Description Item Quantity Unit and Written Unit Price 22. 1,654 LF Yellow, 4" Wide, Thermoplastic, Pavement Marking with Sealer, coplete in place. we dollars `24.o cents. $ 23. 96 LF White, 24" Wide, Thermoplastic, Pavement Marking with coinplete in place. ZE+tQ 24. 12 EA Tennis Court Striping, complete in p e. dollars O.) 0-) 7 E�6 cents. $( O 25. 12 EA Tennis Court Nets and Posts, complete in place. 7Sc /La cents. biddoc doc BD -9 dollars cents. Unit Price $ (0 Amount dollars $ (0:30 � $121000 26. 212 LF 35 "x24" CMAP, c omplete in place. 1i" < dollars J° 2-61-4 cents. $ O $ 9 27. 2 EA Concrete Headwall for 35 "x24" CMAP, c mplete in place. (rC-� `<<' f' � dollars N a% 2k 2.0 cents. $ ZS00 $ 5-6, 00 Bid_ Item Description Item _ Quantity Unit and Written Unit Price 27. 17 SY Rock Rip -Rap, c omplete in place. f GY / dollars LIK —6 cents. $ $ 6I 28. 1 LS 12 "x6" Tapping Sleeve and Valve, including all fittings and appurtenances, complete in place. / / a26 -. dollars ZE26 cents. 29. 1 LS 8 "x6" Tapping Sleeve and Valve, including all fittings and appurtenances, complete jn place. / �DnE� f dollars cents. 30. 2 EA 2" Tap and Corporation Stop, including all fittings and appurtenances, c mplete in pla z6& b,ddoc doc 1- ' t " `�' dollars cents. 31. 920 LF 2" PVC, Schedule 40, Water Line, including all fittings and appurtenances, com tgiipee fie , dollars cents. BD -10 Unit Price Amount $2zvo $ fj0 i gao Bid Item Description Item Ouantitv Unit and Written Unit Price 32. 1 EA 2" Gate Valve, including Valve Box and adjusting to finished grade, comulete t lace. X � z 4 .-` /1-- dollars �� ) ': J./ U cents. $ 3W $ c7? (/ y J Unit Price Amount 33. 257 LF Lower Existing 4" Water Line, (if necessary) including all fittings, appurtenances, and any adjustment of vault, complete in place. /4„."/ dollars 13 cents. $ ( $ jW dollars ( X3 ' 1,847 LF 6" C -900 Water Line, including all fittings and appurtenances, c plete in place. GVE^ -* Ont dollars -7 5.,.! ?�/L(l cents. $ $ 30 92 35. 3 EA 6" Gate Valve, including Valve Box and adjusting to finished grade, com219V in place. yt� , 66 /if Mdi, tit/ dollars 2620 cents. 36. 124 LF 6" PVC, Schedule 40, (Gray) Water Line, including all fittings and appurtenances, co lete in�placg. fLE-6 !/ dollars / 20 cents. $ � f 37. 60 LF 8" PVC, Schedule 40, Water Line, including all fittings and appurtenances, co plete in pl Eti7 I 2 dollars t7� e 2�2F/ cents. $ $ / (/ biddoc.doc • BD -11 a' $ zo ir . Bid Item Description Item Ouantity Unit and Written Unit Price 38. 3 EA 1" Water Meter, complete in place. 39. 3 EA 1" Back Flow Preventer, complete in place. bfddoc.doc ( S - 11! f i ut 709 264-0 40. 43 LF 12" Encasement Pipe, complete in place. _ 224 cents. 41. 939 LF 6" Sleeve, complete in place. and appurtenances, complete in place. 7,620 BD -12 Unit Price - .FrE&- 44 C dollars u`71-0 cents. $ /S00 6 L. " dollars 42. 1 EA Fire Hydrant Assemblies, including 6" Gate Valve, Valve Box, all pipe, fittings "r''✓de dollars cents. Amount / s� /5a dollars / '1° cents. $ al $� $ 1l/ / $ 20/ cv 7 A dollars / /� O Q� 7( cents. $ / $/ ` 0 Bid _ Item Description Item Ouantitv Unit and Written Unit Price 43. 4 EA Hose -Bib Assemblies, (see detail) including biddoc doc Concrete Pad, Post, Meter Box, Gate Valve, all pipe, fittings and appurtenances, Anchors, / Gravel l, , Fabric, complete in place. /� / t/ 1-1 V1.6.9 dollars cents. 44. 9 EA Water Line Marker Sign, complete in place. dollars % 2/� 7640 cents. $ $� .Y� 45. 444 LF 2" PVC, Schedule 40, Electrical Conduit, complete in place. ��✓ dollars zeI'� cents. 46. 374 LF 4" PVC, Schedule 40, Electrical Conduit, complete in place. 47. 4,276 LF Silt Fence, complete in place. 48. 230 LF Rock Berm, complete in place. BD -13 Unit Price Amount $ $360 ° i � 87 g $ dollars i % / / cents. $ 4 $ v / b` () � i v < dollars // d �� . ''et cents. $ $ a 'f v�6u dollars 2-E4.o cents. $ (2 $ 2-1-7(.0 Bid __ Item Description Item Ouantitv Unit and Written Unit Price 49. 5 EA Stabilized Construction Entrance /Exit, complete i place. gt t, K .p 1 L+-o t6D dollars a".. ,� grab cents. $ goo $ OJJ 50. 1 EA Removal of Existing Stabilized Construction Entrance/Exit, complete in place. '')t 1.1.A.-otti D dollars / cents. $__ 51. 1 LS Tree Protection, it omplet in p 52. 1 EA Remove and Replant Existing Tree, as per PARD, Qmplele in place. t< 1.-L.A...o+L6 10 dollars o -2. a..0 "' cents. $ /e00 $ ( v 53. 1 LS Remove and Relocate Existing BBQ Grill, as per PARD, complete in place. SJ. t_*.ot O dollars 4: / � „� - 2_1:-. - /Le l /Lm cents. $ �c $ O TOTAL BASE BID (Items 1 through 53): STATEMENT OF SEPARATE CHARGES: biddoc.doc e. 1, '-'7 dollars cents. Materials: All Other Charges: Total: ' BD -14 Unit Price Amount $6700 ,4 SW ¢- 27 2 2-76 ,, J $ �3 �, f "8 9Q51 ALTERNATIVE BID ITEMS 54. 102 EA Wheel Stops, complete in place. "1 a 'sr'( 24E dollars Z62o cents. s3 t 3 55. 2,185 SY Alternate Pavement Section, (to Pavilion Site), complete in place. sF y 6 - dollars Q 7� o 7f ' cents. $ // $ �/ q //A �1 ya it TOTAL ALTERNATE BID (Items 54 and 55): $ ZZ �$ / STATEMENT OF SEPARATE CHARGES: /� Q � v Materials: $ (p 7/46.- 1 t� All Other Charges: $ /.4; 73q -5 e Total: $ 12 !� TOTAL BASE & ALTERNATE BID (Items 1 through 55) $ . • • STATEMENT OF SEPARATE CHARGES: biddoc doc Materials: $ All Other Charges: $ Total: $ BD -15 11 1 ' 1 1 11 1 1 1 11 1 1 I 1 1 1 11 I 1 1 I ' If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within 240 calendar days after the date of the written Notice -to- Proceed. The bidder and the Owners agree that for each and every calendar day the work, or any portion thereof, remains incomplete after the 240 calendar -day period, the bidder shall pay the amount of Five Hundred Dollars ($500.00) per calendar day as liquidated damages, not as a penalty but for delay damages to the Owners. Such amount shall be deducted by the Owners from any payment due to the bidders. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. The undersigned acknowledges receipt of the following addenda: Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated Respectfully Submitted, \2 Le- �i�EStO € ATr Ti le K41•160261tc.4v4arin.L. by Name of Firm 36 / ae Date ((( biddoc.doc BD -16 Received Received Received ,szz'te -rA v 2 Cazck Po 4Q- I AvsrN tie 187sq Address ary, if Contractor is a Corpo . ion 1 3.0 POST BID DOCUMENTS p 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.doc AGREEMENT THIS AGREEMENT, made and entered into this A) d ay of 2 O, by and between the (Owner) CITY OF ROUND ROCK of the State of T a�E as, acting through Robert Stulka, Mayor, thereunto duly authorized so to do, hereinafter termed the OWNER, and (Contractor) Ranger Excavating, Inc. of Austin , Texas, County of Travis , State of Texas, hereinafter termed CONTRACTOR. W1TNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR, hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: Old Settler's Park at Palm Valley - 1999 Site Improvements (Phase 21 Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by Baker - Aicklen & Assoc.. Inc., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within 14 calendar days after the date written notice to do so have been given to him, and to complete the same within 45 calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. PBD -1 IN WITNESS WHEREOF, the parties and day first above written. CITY OF ROUND ROCK, TEXAS (OWNER) ATTEST: Corporate Seal postbid.doc Mayor to these presents have executed this Agreement in the year Signed: PBD -2 �an Pr CMA{Mq t =✓Ic (CONTRACTOR) J! ATTEST: !L . _ALA_ Secr ry, if Contractor is a Co. o 'ration or otherwise registered WI the Secretary of State Vr -e pest-cleat- q, o,nt /tlan � (Title) (The following to be executed if the Contractor is a Corporation.) I, - c'N OAK O V , certify that I am the Secretary of the Corporation named as Contractor herein; that /Y) F}R K Mc Kt -�r/0 ( L , who signed this Contract on behalf of the Contractor was then vice fiit S trl LW(offi.cial title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scop- its corporate po = s. THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That RANGER EXCAVATING. LTD. of the City of AUSTIN County of TRAVIS and State of TEXAS as Principal, and FIP FIRE INSURANCE authorized under the law of the State of Texas to act as surety on bonds or principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of NINE HUNDRED EIGHT THOUSAND FOUR HUNDRED FOUR AND 40/100- - dollars ($ 908,404.40 ) 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: postbid.doc PERFORMANCE BOND BOND if 65BCSAK5691 WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: OLD SETTLER'S PARK AT PALM VALLEY - 1999 SITE IMPROVEMENTS (PHASE 2) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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. PBD -3 1 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, ' specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 1 1 RANGER EXCAVATING LTD HARTFORD FIRE INSURANCE COMPANY IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20TH day of JULY ,XIX) 20Q0 Principal Surety Kit N` t� 1,.,�nr 74 . By NINA SMITH 1 � ��at ve ,'"s ATTORNEY -IN -FACT Title Title ' 5222 THUNDRER CREEK RD, B -STE 1 P.0. BOX 4611 Address 1 AUSTIN, TEXAS 78759 HOUSTON, TEXAS 77210 Address 1 Resident Agent of Surety: INSURANCE NETWORK OF TEXAS Printed Name 143 EAST AUSTIN ' Address GIDDINGS, TX 78942 City, St ate & Zip Code 'Vb-1) 2, Signature 1 postbid.doc PBD - PAYMENT BOND THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That RANGER EXCAVATING, LTD. ,of the City of AUSTIN ��,.QoE ty of TRAVIS , and State of TEXAS as Principal, and lisuRANGE _ Ggi p = authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of NINE I- UNDRED EIGHT THOUSAND FOUR HUNDRED FOUR AND 40 /100- Dollars ($ 908,404.40 ). for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: OLD SETTLER'S PARK AT PALM VALLEY - 1999 SITE IMPRDVFMFNTS (PHASF 2) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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. postbid.doc PBD - BOND /{ 65BCSAK5691 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 20TH day of JULY , X9 2000 RANGER EXCAVATING, ETD. Principal By By N NA SMITH Title 5222 THUNDERCREEK RD., B -STF 1 Address AUSTIN, TEXAS 78759 Resident Agent of Surety: INSURANCE NETWORK OF TFXAS Printed Name 143 EAST AUSTIN Address GIDDINGS, TEXAS 78942 City, Stat & Zip Code - ,x— Signature postbid.doc I ` e-1- HARTFORD FIRE INSIIRANC.F COMPANY Surety f•�s ATTORNEY -IN -FACT PBD -6 Title P.O. BOX 4611 Address HOUSTON, TFXAS 77210 WARRANTY BOND 1 BOND NUMBER 65BCSAK5691 AMOUNT $908,404.40 ' KNOW ALL MEN BY THESE PRESENTS, That we, RANGER EXCAVATING, LTD I (hereinafter called the "Principal ") as Principal, and the HARTFORD FIRE INSURANCE CO(PANY a Corporation duly organized under the laws of the State of CONNECTICUT and duly licensed to transact business in the State of I TEXAS (hereinafter called the "Surety "), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of NINE HUNDRED EIGHT THOUSAND FOUR HUNDRED FOUR AND 40/100 dollars ($ 908,404.40 ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. I Sealed with our seals and dated this 20TH day of JULY , A.D. XtYt d lmft migi iaa 2000 . WHEREAS, the said Principal has heretofore entered into a contract with CITY OF ROUND ROCK Dated , 19 , for construction of: OLD SETTLER'S PARK AT PALM VALLEY -1999 SITE IMPROVEMENTS (PHASE 2) WHEREAS, the said Principal is required to guarantee the construction of all improvements ' installed under said contract, against defects in materials or workmanship, which may develop during the period of ONE year(s) from the date of acceptance of the project above described, by Owner: 1 The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said ' Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of ONE year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas 1 postbid.doc PBD - WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. RANGER EXCAVATING, LTD Principal Surety By: Title 5222 THUNDERCREEK RD B -STE 1 Address AUSTIN, TEXAS 78759 Resident Agent of Surety: INSURANCE NETWORK OF TEXAS Printed Name 143 EAST AUSTIN Address GIDDINGS, TEXAS 78942 City, State & Zip Code Signature By: N A SMITH AG) / Qis ATTORNEY -IN -FACT Title postbid.doc PBD -9 HARTFORD FIRE INSURANCE COMPANY Address P.O. BOX 4l11 HOUSTON, TEXAS 77210 1 1 1 1 1 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duty organized under the laws of the State of Connecticut, and having its pnnopal office in the City of Hartford, County of Hartford. State of Connecticut, does hereby make, constitute and appoint ROBERTJAMESNITSCHE, DAVID P. FERGUSON, VIOLETFROSCH, NINA SMITH and ROBERT K. NITSCHE of GIDDINGS, TEXAS I its true and lawful Attomey(s )-in -Fact, with full power and authority to each of said Attomey(s)-in -Fact, in their separate capacity If more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust: guaranteeing the performance of contracts other than Insurance polices: guaranteeing the performance of Insurance contracts where surety bonds are accepted by states and municipalities, and execubng or guaranteeing bands and undertakings required or permitted in all actions or proceedings or by law allowed. and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were I signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s ).in -Fad may do in pursuance hereof This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company) as amended by the Board of Directors at a meeting duly called and held on July9, 1997, as follows ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice- President, ailing with any Secretary or Assistant Secretary shall have power and authonty to sign and execute and attach the seal of the Company to bonds and undertakings, recongnizances, contracts of indemnity and otherwntings obligatory in the nature thereof, and such instruments 1 so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice- President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authonty to appoint. for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretanes and Attorneys -in -Fad and at any time to remove any such resident Vice- President, resident Assistant Secretary, or Attorney -in -Fact, and revoke the power and authonty ' given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certdirate relating thereto by facsimile, and any such pourer of attorney or certificate beadng such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached 11 In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice - President, and its corporate seal to be hereto affixed. duly attested by its Secretary. this 14th day of May, 1999. 1 -fe,o�. ' Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT} I COUNTY OF HARTFORD ss. Hartford I On this 14th day of May, AD. 1999, before me personally came Robert L. Post. to me known, who being by me duly sworn, did depose and say that he resides m the County of Hanford, State of Connecticut: that he is the Assistant Vice- President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above Instrument, that he knows the seal of the said corporation, that the seal affixed to the said Instrument is such corporate seal, that It was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by tike order. //' , 'Richard L Marshall. Jr ,Assistant S ecretary :' I r i � I Form S- 3507 -9 (HF) Printed in USA. CERTIFICATE Dated the 20TH HARTFORD FIRE INSURANCE COMPANY /0/ Robert L Post. Assistant Vice President day of JULY Jean H. Wozniak Notary Public My Commission Expires Jame 30, 2004 I. the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF I ATTORNEY remains in full force and has not been revoked, and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY. set forth in the Power of Attomey, are now in force. Signed and sealed at the City of Hartford J. Dennis Lane, Assistant Vice President 20 00 1 CERTIFICATE OF LIABILITY INSURANCE Date: 7 -20 -00 I PRODUCER COMPANIES AFFORDING COVERAGE INSURANCE NETWORK OF TEXAS 143 EAST AUSTIN GIDDINGS, TEXAS 78942 979 - 542 -3666 INSURED RANGER EXCAVATING, LTD. C 5222 THUNDERCREEKRD, B -STE 1 AUSTIN, TEXAS 78759 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the 1 business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. I co TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER - DATE DATE I A 1 1 1 I B 1 1 1 1 1 1 GENERAL LIABILITY EXCESS LIABILITY OTHER I CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land CPP112507607 07 -10 -00 07 -10 -01 AUTOMOBILE LIABILITY A BA017014405 07 -10 -00 07 -10 -01 IUG343483C DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS /EXCEPTIONS postbid doc PBD - 07 -10 -00 07 -10 -01 A CGU INSURANCE COMPANY B GENERAL STAR /JARRETT INSURANCE BROKERS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS A WC012180906 07 -10 -00 07 -10 -01 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OPAGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1 , 000 , 000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 50 , 000 MED. EXPENSE (Any one person) $ 5,000 COMBINED SINGLE LIMIT $ 1 , 000 , 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and I Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: . J. NITSCHE Trite: CEO $ 1,000,000 $ 1, s 1,000,000 4.0 GENERAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1.0 Definition of Terms genconddoc GENERAL CONDITIONS OF AGREEMENT 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2.0 Responsibilities of the Engineer and the Contractor 2.01 - Owner- Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.0 General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4.0 Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5.0 Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments 6.0 Extra Work and Claims 6.01 Change Orders gencond.doc GC -2 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Continuing Performance 6.06 Arbitration 7.0 Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8.0 Subcontractors 8.01 Award of Subcontracts for Portions of Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9.0 Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contractors 9.03 Cutting and Patching Under Separate contracts 10.0 Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities genconddoc GC -3 1.0 Definition of Terms 1.01 Owner, Contractor and Engineer General Conditions of Agreement 1.02 Contract Documents gencond doc The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and are referred to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any of documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of Contract documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor The term Sub - Subcontractor means one who has a direct or indirect contract with a sub- contractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. GC -4 1.06 Work gencond.doc 1.05 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alteration,' herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. GC -5 2.0 Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work genconddoc The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to Contractor in such amounts; such recommendation of payment to Contractor constitutes a representation to the Owner of Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to Contractor shall not be deemed as a representation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. GC -6 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. Appeal to arbitration upon mutual agreement may be taken as if his decision had been rendered against the party appealing. 2.05 Objections grncond.doc In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. GC -7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _I Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding genconddoc It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way effect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall GC -8 affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings genconddoc The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him GC -9 genconddoc from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. GC -10 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations gencond doe The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment"; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent conceming the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and GC -11 3.0 General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modification thereof and all approved additions and alterations thereto. grncond.doc agreed that any such inspector is not authorized by the Engineer or Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. GC -12 3.04 Right of Entry genconddoc The Owner reserves the right to enter the property or location of which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice for construction, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omission, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or GC -13 gencond doc default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is $25,000.00 or less no payment or performance bond shall be required. It is agreed that the Contract shall not be in effect until such performance and payment bond are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. G C - 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is famished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all genconddoc GC -15 such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting gencand doc The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: 1. Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employees and any Sub- GC -16 ge"eood do Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - Subcontractor including the loss of use resulting therefrom; and, 2. Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. GC -17 gencond.doc 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 governmental entity. Persons providing services on the project ( "subcontractor" in § 406,096 - 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, without 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. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. (c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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 governmental entity showing that coverage has been extended. GC -18 gencond.doc The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven calendar 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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post 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. The Contractor shall contractually require each person with whom it contracts to provide services on project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that 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; (b) 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; (c) 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; GC -19 genconddoc (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, pnor 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (t) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar 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 (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services 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. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -20 gencond.doc D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than Workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean - up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. GC -21 3.20 Guarantee Against Defective Work grncond.doc The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (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. (3) GC -22 gencond.doc 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 the worker is employed by 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. 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. 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. 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 fmal payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. GC -23 WR1001 July 1997 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4.0 Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. gencond doc GC -24 5.0 Measurement and Payment 5.01 Quantities and Measurements geocond.doc No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five (5) percent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the GC -25 aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, and Owner may - upon written recommendation of the Engineer - pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions gencond doe The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. GC -26 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment 5.08 Payments Withheld gencond.doc Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. g) Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory GC -27 to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments gencond don Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and final 'payments,' until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6.0 Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, The Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an increase in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. GC -28 1 1 1 1 6.03 1 1 1 1 1 1 1 1 1 1 1 1 1 1 gencnnd doc In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expense's, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the GC -29 Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 6.06 Arbitration gcncond.doc GC -30 All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex party proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7.0 Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. genwnd.doc After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will GC -31 grncond doe ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract; or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there GC -32 remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. gencond doe GC -33 8.0 Subcontractors 8.01 Award of Subcontracts for Portions of the Work grncond.doc Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to fumish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. GC -34 8.02 Sub contractual Relations gencond.doc All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (3) (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) 8.03 Payments to Subcontractors require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on GC -35 gencond.doc account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9.0 Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys fees and court or arbitration costs which the Owner has incurred. GC -36 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10.0 Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. gencond.doc (3) GC -37 gencond.doc All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty-four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explosives. If Blasting is covered under the Contractors General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully responsible for all claims GC -38 resulting from his blasting operation. All damage or Loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities gencond.doc Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -39 5.0 SPECIAL CONDITIONS 1 1 1.0 INFORMATION 1.01 ENGINEER 1 The word "Engineer" in these Specifications shall be understood as referring to Baker - Aicklen & Associates, Inc., 203 E. Main Street, Suite 201, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 1.02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED ' The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and 1 Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 1.03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by 1 any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 1.04 LIOUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME ' The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number days of herein agreed upon for 1 the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total ' compensation, not as penalty but as liquidated damages, the sum of $500.00 per calendar day. 1.05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 1.06 USAGE OF WATER 1 All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be 1 responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to 1 1 specond.doc SC -1 avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 1.07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be retumed to Contractor. 2.0 SPECIAL CONSIDERATIONS 2.01 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 such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 2.02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 2.03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 2.04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a specond.doc SC specond doc statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 2.05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 2.06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 2.07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal 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. 2.08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 2.09 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as-built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as SC -3 1 previously described are available. Costs for delivering as -built drawings shall be 1 subsidiary to other bid items. 2.10 LAND FOR WORK ' Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. 1 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. 1 2.11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES 1 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 1 improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations ' will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 1 2.12 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 1 layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 3.0 TRAFFIC CONTROL ' Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e. 1 Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered ' subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. 1 1 specond.doc SC - 1 1 4.0 WARRANTY BOND Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime ' stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Warranty Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company ' holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. ' A one (1) year Warranty Bond in the amount of one hundred (100%) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit 1 from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. ' 5.0 INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the 1 following: 3.18 Insurance 1 Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of ' Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: t a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. 1 b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, non -owned and hired ' vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. ' d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all specond.doc SC - rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). specond.doc SC -6 specond.doc 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 -day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their Limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all 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 regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -7 6.0 WAGE RATES GENERAL DECISION TX960043 03/15/96 TX43 General Decision Number TX960043 Superseded General Decision No. TX950043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 03/15/1996 COUNTY(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 11/16/1991 Rates Fringes AIR TOOL OPERATOR 6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 CARPENTER 9.054 CONCRETE FINISHER- PAVING 8.600 CONCRETE FINISHER - STRUCTURES 7.903 CONCRETE RUBBER 6.740 ELECTRICIAN 13.710 specond.doc SC -8 FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM LINER -PAVING & CURB 7.250 FORM SETTER -PAVING & CURB 7.683 FORM SETTER - STRUCTURES 7.928 LABORER- COMMON 6.078 LABORER - UTILITY 6.852 MECHANIC 10.774 OILER 9.389 SERVICER 7.280 PAINTER- STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS 8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPPORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 8.427 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 9.880 FOUNDATION DRILL OPERATOR. CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR 10.923 TRUCK MOUNTED FRONT END LOADER 2 1/2 C.Y. & LESS 7.499 FRONT END LOADER OVER 2 Y2 C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 specond.doc SC -9 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR- PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON-DRILL/BORING MACHINE/POST HOLE DRILLER OPERATOR 6.926 REINFORCING STEEL SETTER PAVING 8.158 REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER- STRUCTURAL 9.242 SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER -SINGLE AXLE LIGHT - 6.493 TRUCK DRIVER - SINGLE AXLE HEAVY 6.674 TRUCK DRIVER - TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY/FLOAT 8.041 TRUCK DRIVER - TRANSIT MIX 6.078 WELDER 8.824 Unlisted classifications needed for work not included, within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively. bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. specond doc END OF GENERAL DECISION SC -10 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 $0.00 $10.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 $0.00 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 50.00 $21.32 PLUMBER $12.68 $0.00 $0.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFER/CAULKER $10.64 $0.00 $0.00 $0.00 $10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME. WILLIAMSON PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES Date Printed: April 15, 1997 specond.doc SC -11 *$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "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 in Section 2258.022. specond.doc SC -12 6.0 TECHNICAL SPECIFICATIONS 1.0 GENERAL DESCRIPTION 1.01 SCOPE OF WORK 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. 2.0 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE techspec.doc 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. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. 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. TS -1 2.01.2 BACKWORK 2.02 GRADING 3.0 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK 3.02 NOTIFICATION 3.03 CONSTRUCTION STAKING techspec.doc 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. 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. 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. The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 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. TS -2 3.04 PROTECTION OF STAKES, MARKS, ETC. 4.0 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 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES 4.04 PROPERTY LINES AND MONUMENTS 4.05 DISPOSAL OF SURPLUS MATERIAL 4.06 CONTRACTOR'S USE OF PREMISES techspec.doc All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. 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. Traffic control measures 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. The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfrll materials. The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. TS -3 5.0 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 techspec.doc No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of or "equal to" some other item, in the opinion or 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 material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. TS -4 CITY OF AUSTIN STANDARD TECHNICAL SPECIFICATIONS Series 100 EARTHWORK 101 Preparing Right of Way 102 Clearing and Grubbing 104 Removing Concrete 110 Street Excavation 111 Excavation 120 Channel Excavation 130 Borrow 132 Embankment Series 200 SUBGRADE & BASE CONSTRUCTION 201 Subgrade Preparation 202 Hydrated Lime and Lime Slurry 203 Lime Treatment for Materials in Place 204 Portland Cement Treatment for Materials in Place 206 Asphalt Stabilized Base (Plant Mix) 210 Flexible Base 211 Recycling Existing Aggregate 220 Sprinkling for Dust Control 230 Rolling (Flat Wheel) 232 Rolling (Pneumatic Wheel) 234 Rolling (Tamping) 236 Rolling (Proof) 281 Termite Control SERIES 300 STREET SURFACE CONTROL 301 Asphalts, Oils and Emulsions 302 Aggregates for Surface Treatments 306 Prime Coat 307 Tack Coat 310 Emulsified Asphalt Treatment 311 Emulsified Asphalt Repaving 312 Seal Coat techspec.doc TS -5 SERIES 300 STREET SURFACE CONTROL (cont.) 313 Rubber Asphalt Joint and Crack Sealant 315 Milling Asphaltic Concrete Pavement 320 Two Course Surface Treatment 340 Hot Mix Asphaltic Concrete Pavement 341 Paving Fabric 350 Heating, Scarifying and Repaving 351 Rejuvenating Agent 360 Concrete Pavement 370 Concrete Pavers 375 Concrete Pavers for Sidewalk Ramps Series 400 CONCRETE AND STRUCTURES 401 Structural Excavation and Backfill 402 Flowable Backfill 403 Concrete for Structures 404 Pneumatically Placed Concrete 405 Concrete Admixtures 406 Reinforcing Steel 407 Fibrous Concrete 408 Concrete Joint Materials 409 Membrane Curing 410 Concrete Structures 411 Surface Finishes for Concrete 414 Concrete Retaining Walls 420 Drilled Shaft Foundations 424 Prestressed Concrete Planks 425 Prestressed Concrete Structures 430 Concrete Curb and Gutter 431 Machine Laid Curb and Gutter 432 Concrete Sidewalks 433 Concrete Driveways 434 Concrete Medians and Islands 435 Concrete Steps 436 Concrete Valley Gutters 438 Elastomeric Materials 439 Parking Lot Bumper Curb 461 Trash and Litter Coffins techspec.doc TS -6 Series 500 PIPE AND APPURTENANCES 501 Jacking or Boring Pipe 502 Tunneling 503 Frames, Grates, Rings and Covers 504 Adjusting Structures 505 Encasement and Encasement Pipe 506 Manholes 507 Bulkheads 508 Miscellaneous Structures and Appurtenances 509 Trench Safety Systems 510 Pipe 511 Water Valves 551 Pipe Underdrains 558 Structural Plate Structures 559 Concrete Box Culverts 591 Riprap for Slope Protection 593 Concrete Retards 594 Gabions Series 600 ENVIRONMENTAL ENHANCEMENT 601 Salvaging and Placing Topsoil 602 Sodding for Erosion Control 604 Seeding for Erosion Control 605 Soil Retention Blanket 606 Fertilizer 607 Slope Protection 608 Planting 610 Preservation of Trees and Other Vegetation 620 Filter Fabric 621 Diversion 622 Diversion Dike(DD) 623 Dry Stack Rock Wall (DS) 624 Earth Outlet Sediment Trap (EST) 625 Grade Stabilization Structure (GSS) 626 Grass - Lined Swale (GW) 627 Grass -Lined Swale with Stone Center (GWS) 628 Sediment Containment Dike techspec.dcc TS -7 Series 600 ENVIRONMENTAL ENHANCEMENT (cont.) 629 Brush Berm Barrier for Erosion Control (BB) 630 Interceptor Dike (ID) 631 Interceptor Swale (IS) 632 Storm Inlet Sediment Trap (IST) 633 Landgrading (LG) 634 Level Spreader (LS) 635 Perimeter Dike (PD) 636 Perimeter Swale (PS) 637 Pipe Slope Drain (PSD) 638 Pipe Outlet Sediment Trap (PST) 639 Rock Berm (RB) 640 Mortared Rock Wall (RW) 641 Stabilized Construction Entrance (SCE) 642 Silt Fence (SF) 643 Stone Outlet Structure (SOS) 644 Stone Outlet Sediment Trap (SST) 646 Tied Precast Revetment Series 700 INCIDENTAL CONSTRUCTION 701 Fencing 702 Removing and Relocating Existing Fences 703 Fencing for Excavations 704 Metal Beam Guard Railing 705 Remove and Relocate Existing Metal Beam Guard Railing 706 Bridge and Culvert Railing 720 Metal for Structures 721 Steel Structures 722 Paint and Painting 723 Structural Welding 725 Survey Markers Series 800 URBAN TRANSPORTATION 801 Construction Detours 802 Capital Improvement Project Signs 803 Signs and Traffic Handling 824 Traffic Signs 825 Street Name Signs 842 Pull Boxes techspec.doc TS -8 Series 800 URBAN TRANSPORTATION (cont.) 843 Ducts 860 Pavement Marking Paint (Reflectorized) 861 Thermoplastic Pavement Markings 863 Reflectorized Pavement Markings 864 Abbreviated Pavement Markings 865 Nonreflectorized Traffic Buttons 866 Jiggle Bar Tile 867 Epoxy Adhesive lechspec.doc TS -9 7.0 TENNIS COURT SPECIFICATIONS ITEM NO. •8 - TENNIS COURTS - GENERAL General Requirements and Qualifications - The Contractors bidding on work outlined hereafter must be exper- ienced tennis court contractors and must be able to provide a reasonable testimony of recent work. The complete tennis courts shall conform to the applicable portions of the plans and governed by the follow- ing specifications: 8.1 SITE PREPARATION Item No. 1 - Site Work, Earthwork & Structural Fill 8.2 SUBGRADE PREPARATION (6 ") City of Austin Standard Specifications, except as modified for City of Round Rock herein. The finished subgrade shall be sloped as indi- cated on the plans. 8.3 SOIL STERILANT A soil sterilant shall be uniformly applied over the prepared subgrade in accordance with manufacturer's re- commendations. Extreme caution should be exercised. All sterilants should be in compliance with state and federal environmental regulations. 8.4 FLEXIBLE BASE (6" THICK) City of Austin Standard Specifications, except as modified for City of Round Rock herein. on the plans. The finished base shall be sloped as indicated 8.5 HOT MIX ASPHALTIC CONCRETE PAVEMENT (1 -1/2" - 2" THICK) Prime Coat - City of Austin Standard Specifica- tions, except as modified for City of Round Rock herein. Rot Mix Asphaltic Concrete Pavement - City of Austin Standard Specifications, except as modified for City of Round Rock herein. TCS -1 8.6 COLOR FINISHED COURSE Item No. 9 - Tennis Courts - Finish Course 8.7 PLAYING LINES Playing lines shall be painted as per USLTA spe- cifications-with Sherwin- Williams Acrylic White Line Paint, or approved equal. 8.8 NET POSTS AND NETS Furnish and install two (2) sets of net posts Model #36, two (2) sets of ground sockets Model #50, and two (2) sets of net reels Model #115, all of the above as manu- factured by Quality Industries, Inc., or approved equal dis- tributor Vaughan E. Associates, Inc., 2852 Walnut Hill Lane, Dallas, Texas 75229, Phone (214) 352 -7526. Also furnish and install two (2) sets of nets, high density twisted polyethy- lene, Edwards Regulation 10 DS, or approved equal. Distribu- tor Persenaire Parks and Playground Products, 6610 Harwin 4115, Houston, Texas 77036, Phone (713) 781 -5490. 8.9 FENCING - GALVANIZED CHAIN LINK Item No. 10 - Tennis Courts - Galvanized Chain Link Fencing 8.10 MEASUREMENT AND PAYMENT Measurement and payment shall be for full com- pensation for furnishing all materials, equipment, labor, tools and incidentals necessary to construct the tennis court, complete in place, in accordance with the Plans and the bid proposal. TCS -2 ITEM NO. 9 - TENNIS COURTS - FINISH COURSE 9.1 GENERAL The finish course shall not be applied until the hot mix asphaltic concrete course is thoroughly cured. Laykold Resurfacer shall be applied to the clean underlying surface in two or more applications to obtain a total application rate of 17 to 28 gallons per 1,000 square feet of area (.15 to .25 gallons per square yard), based on the material prior to any dilution. No application shall be covered by a succeeding application until thoroughly cured. Dilution of resurfacer with water to obtain workability is permitted. The diluted material shall be homogeneous and segregation shall not be tolerated. Prior to application, waterfogging of hot surfaces is permitted but standing free water is prohibited. After the resurfacer has thoroughly cured, the entire area shall be rolled with a 2 -to -4 ton steel wheel tandem roller, and water flooded. Any areas holding over 1/8" depth of water shall be leveled with resurfacer and allowed to thoroughly cure, then rolled with a 2 -to -4 ton steel wheel tandem roller. - 9.2 COLOR FINISHED COURSE Laykold Colorcoat 200, or approved equal, shall be applied on the clean, dry underlying surface in two or more applications to obtain a total application rate of 11 to 18 gallons per 1,000 square feet of area (.10 to .16 gallons per square yard), based on the material prior to any dilu- tion. No application shall be covered by a succeeding appli- cation until thoroughly cured. Dilution of Colorcoat 200 with water to obtain proper application consistency is permitted up to a maximum of 3 parts Colorcoat 200 to 2 parts water. The diluted material shall be homogeneous. Segregation before or during application will not be permitted. The finished surface shall be smooth, free of ridges, valleys and tool marks. Laykold Colorcoat 100, or approved equal, shall be applied to the clean, dry underlying surface in multiple applications to obtain a total application rate of 4 to 8 gallons per 1,000 square feet of area (.04 to .07 gallons per TCS -3 square yard), based on the material prior to any dilution. No application shall be covered by a succeeding application - until thoroughly cured. Dilution of Colorcoat 100 with'water to obtain application consistency is permitted up to a maximum of 4 parts Colorcoat 100 to 1 part water. The diluted material shall be homoge Segregation before or during applica- tion will not be permitted. The finished surface shall be smooth, free from ridges, valleys and tool marks. 9.3 PLAYING LINES After the surface is thoroughly cured, 2 inch wide playing lines shall be accurately located, marked and painted with Laykold Line Paint, per plans. 9.4 WEATHER LIMITATIONS No part of the construction shall be conducted during rainfall or when rainfall is imminent or unless the air temperature is at least 50 ° F and rising. 9.5 MEASUREMENT AND PAYMENT Measurement and payment shall be for all equip- ment, materials, labor, tools and incidentals necessary to complete the finish course on the tennis court in accordance with the Plans and bid proposal. Payment shall be subsidiary to the tennis court. TCS -4 ITEM NO. 10 - TENNIS COURTS - GALVANIZED CHAIN LINK FENCING 10.1 HEIGHT OF FENCE Overall height of fence when erected shall be ten feet (10') as shown on drawings. 10.2 CHAIN LINK FABRIC The chain link fabric shall be No. 11 gauge and 1 -3/4 inch mesh conforming to Standard Specifications for Zinc- Coated Iron or Steel Chain Link Fence Fabric Galvanized after Weaving, Class II, ASTM Designation A -392 or Standard Specifications for Aluminum- Coated Iron or Steel Chain Link Fence Fabric Galvanized after Weaving, Class II, ASTM Desig- nation A -491. Top and bottom selvage shall have a knuckle finish. Fabric shall be free of barbs, icicles, or other projections resulting from the galvanizing process, and any fabric not free thereof will be rejected even though erected. Bottom of fence fabric shall be 3/4" plus or minus 1/4" above court surface. 10.3 LINE POSTS Line posts shall conform to the Standard Speci- fications for Black and Hot- Dipped Zinc - Coated (Galvanized) Welded and Seamless Steel Pipe for Ordinary Uses, ASTM Desig- nation A -120, Schedule 40, weighing 3.65 pounds per linear foot. The chain link fabric shall be tied to the line posts with No. 9 gauge soft annealed galvanized tie wire. 10.4 TERMINAL AND GATE POSTS Terminal and Gate Posts shall conform to Stan- dard Specifications for Black and Hot- Dipped Zinc - Coated (Galvanized) Welded and Seamless Pipe for Ordinary Uses, ASTM Designation A -120. End, corner and gate posts (shall have an outside diameter or not less than 3 inches and weight of not less than 5.79 pounds per linear foot, Schedule 40. 10.5 TERMINAL AND GATE POST FITTINGS Terminal and gate post fittings, including ten- sion bands, brace connections, and top rail connections, shall be No. 11 gauge, hot- dipped, galvanized, cold - rolled carbon steel. No aluminum, cast iron, or pot metal fittings will be accepted as equals or substitutes. Top rail, brace, and truss bands shall not be less than 1 inch wide, secured by 3/8 inch diameter carriage bolts and nuts. TCS -5 10.6 TOP RAIL Top rail shall meet the Same.specifications of quality as line and terminal posts. The top rail shall have an outside diameter of 1 -5/8 inch and weigh 2.27 pounds per linear foot. An outside sleeve -type coupling measuring not less than 7 inches in length shall be provided at each inter- val of 20 feet: The chain link fabric shall be tied to the top rail at intervals of 24 inches with No. 9 gauge soft an- nealed galvanized steel or aluminum tie wire. 10.7 BRACES FOR TERMINAL AND GATE POSTS Terminal and gate posts shall be strenghtened and reinforced by braces meeting the same specifications of quality as line and terminal posts. Braces shall be install- ed midway between top rail and court surface and extend from each terminal post to the first adjacent line post. Braces shall be securely fastened to posts by heavy pressed steel connections and also be trussed from line post back to termi- nal post with a 3/8 inch round truss rod complete with tight- ening unit. 10.8 BOTTOM TENSION WIRES Bottom tension wires shall be No. 7 gauge gal- vanized steel coil tension wire, high carbon or hard drawn, AST) designation A -116, Class II, Galvanized or Aluminum Coated, fastened to the chain link fabric at intervals of 24 inches with No. 11 gauge galvanized steel hog rings. 10.9 POST SPACINGS AND SETTINGS Line and terminal posts shall be set in con- crete foundation not less than 12 inches in diameter and not less than 36 inches in depth. Concrete shall be mixed in ratios of six (6) standard 94 -pound sacks of cement per cubic' yard of concrete, with one such sack Of cement to not more than six (6) U. S. gallons of water, attaining a compressive strength of not less than 3,500 pounds per Square inch at the 28th day after pouring. Spacing of posts in the line of fence shall be uniform and no more than 10 feet apart. 10.10 POST TOPS Tops of line posts shall be of a malleable casting. The base of tops shall extend below the top of the post not less than 2 inches. Terminal post tops shall be of malleable iron, be one of the manufacturer's standard designs as selected or approved by the Engineer and be designed so as positively to exclude all moisture from the terminal post. TCS -6 10.11 GATES Gates shall be not less than 4 feet wide and constructed and hung as detailed on drawings. Frames shall be constructed of pipe conforming to Standard Specifications for Black and Hot- Dipped Zinc - Coated (Galvanized) welded and Seamless Steel Pipe for Ordinary Uses, ASTM Designation A -120, having an outside diameter of 1 -9/10 inches. Gate frames shall be welded or alternately, shall utilize corner fittings of heavy malleable iron or pressed steel securely riveted to the frame. Fabric matching the fence fabric shall be installed in the frame by means of tension bars and hook bolts. Frames having corner fittings shall be equipped with adjustable truss rods having a diameter of 3/8 inch. Hinges shall be of adequate strength to support the gate and have large bearing surfaces for clamping in position. Under no conditions of use or abuse shall the hinges twist or turn under the action of the gate. Gates shall be capable of being opened and closed quickly and easily by one (1) person. Gates shall be equipped with a positive latching device that will accommodate padlocking. A plunger rod, catch and semi- automatic outer catch shall be installed on drive gates so as to secure gates in an open position. Hinges, latches and catches shall be one of the manufacturer's standard designs as selected and approved by the Engineer. 10.12 ' MEASUREMENT AND PAYMENT Measurement and payment shall be for all equip- ment, labor, tools, materials and incidentals required to construct fencing in accordance with the Plans and bid propo- sal. TCS -7 8.0 PLANS, DETAILS & NOTES 1.0 GENERAL DESCRIPTION The work covered by the Plans listed in this section consists of furnishing all labor, equipment, materials, and performing all operations in connection with the construction of the Old Settler's Park at Palm Valley - 1999 Site Improvements (Phase 2) complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 2.0 PLANS plans.doc PLANS, DETAILS & NOTES The construction drawings listed below form a part of the Contract Documents: Sheet Index Sheet No. Description 1 Cover Sheet 2 General Notes and Erosion & Sedimentation Details 3 Tennis Courts: Overall View and Erosion & Sedimentation Control 4 Tennis Courts: Site Grading & Drainage Plan and Dimensional Control 5 Aten Loop: 6" Water Line Improvements 6 Maintenance Facility: Site Grading & Drainage Plan and Erosion & Sedimentation Control and Dimensional Control Plan 7 Pavilion: Erosion & Sedimentation Control Plan 8 Pavilion: Proposed Road Sta. 0 +00 to 6 +50 and 6" Waterline Improvements 9 Pavilion: Proposed Road Sta. 6 +50 to 8 +41.12 and 6" Water Line Improvements and Parking 10 Round Rock Youth Baseball: Parking 11 Girls Softball: Parking 12 Paving, Grading, Utility, and Drainage Details 13 Tennis Court Details 14 Pavilion and Miscellaneous Details PDN -1 Project Old Seder's Park at Palm Valley -1999 Site Improvements (Phase 2) Owner City of Round Rock Job Number: 601 -523 Bid Data: May30, 2000 Protect Location: Round Rack Williamson County, Texas 8o0061u80lev4 616410 8 39 4.62 Baker-Aullen & M+wlure,. la Quantity Unit Ranger Excavating. Inc Austin, TX RGM Consuucror , LP Pllugervtlle, TX STR CO,055,0tors, Ino. Georgetown, TX Chasco Contracting Round Rack TX C C Carlton ltdustriea, LTD Austin, TX 0 C. Evans Construction Austin, TX Travis Paving & Excavation Bastrop. TX Bid cold? Yes Bid 08,0? Yes 0,1 Bond Addendums Yes Yes Bid Band+ Addendums Yet Yes Bid Bondi Yes Oid Bond? Addendums Yes Bsd Bonds Yes Addendums Yes Addrndums Yes Yes Addendums Yes_ Bid Item Unit Pnee Cost Unit Pnce Cost Unn Price Cost Umt Price Cost Unit Pnce Cost Unit Pnce Cost Unit Pnce Cost I Mob,Lv4ao, complete in place. 1 LS 525,00000 5 25,00000 S 25,00000 5 25,00000 5 19,02614 S 19,02614 5 75,00000 S 75,00000 5 30.00000 5 30,000.00 5104,000.00 5 104,00000 5 50,000.00 5 50,00000 2 Unclassified E88av8ti05, Grading, including nerving spoils around wnhm the Park complete in place. I 15 551,00000 S 51,00000 3 120,00000 5 120,00000 S 40,95734 5 40,95734 S 295,00000 S 295,00000 5 82,00000 5 82,000,00 5238,621.00 5 232,62100 5200,000.00 S 200,00000 3 Subgrade Preparation, complete in place 44,265 SY 5 1.00 5 44,26500 5 120 9 53,11800 5 059 S 26,11635 S 040 5 17.70600 5 123 5 55,33125 5 126 5 55,773.90 5 125 5 55,331.25 4 2'IIMAC Type '7', complete m 8,760 55' 5 5.30 S 46,42800 5 5.00 S 43,800 00 5 4.88 $ 42,74888 5 540 S 47,304.00 5 4.50 S 39,42000 5 471 5 41,25960 $ 550 $ 48,180.00 5 Two Course Surface Treatment. complete in place 27.398 SY 5 235 5 6438530 5 290 S 79,454.20 S 2.66 S 72,87868 - 5 240 5 65,755.20 $ 250 $ 68,49500 5 235 $ 64385.30 S 250 5 68,495.00 6 Laykold Color Coat 200, or approved equal, complete in place 8,760 SY S 2.00 S 17,52000 S 400 5 35,040.00 $ 4.25 S . ' 3723000 $ 3.90 I 34,16400 5 - 5 - 1 41I 5 36,00360 S 500 5 43,800.00 6A Laykold Color Coat 100, or approved equal complete in place. 8,760 SY 5 200 5 17,52000 S 060 9 5,25600 5 065 5- - .5,694.00 .., • $ 0.10 .. ,5 .8]6.00 '- , S 4 35 5 38,10600 S 4.11 S 36,00360 S 5.00 S 43,80000 7 IT Flexible Due Cautc, complete iplaoe. 34,125 SY 5 6.70 5 228,677.50 S 650 5 221,81250 S 6.78 - , 5 . 23136750 5 590 1 201,337.50 5 830 5 283237.50 5 7.22 S 24638350 5 7.70 5 262,762.50 8 6' Flexible Base Course, complete to place. 10,140 SY 5 380 5 38,532.00 S 400 5 40,56000 S 678 - , S 68.74920 - S 3.90 5 39,54600 $ 480 5 48,672.00 5 370 5 37,51800 S 600 5 60,84000 9 Mag0cslum Chlonde, complete in plain 5,361 Gal. 5 060 5 3,21660 $ 065 S 3,48465 5 127 S . 6,808.47 5 065 5 3,48465 5 22.00 S 117,94200 S 065 5 3,48465 5 1.00 5 5,36100 1018' Wide Ribbon Curb, complete m plain 2052 LF 5 9.00 S 18,46800 5 8.00 5 16,41600 S 9.22 $ 18,919 44 5 4.30 S 8,82360 $ 8.00 5 16.41600 S 1495 S 30,677.40 5 1500 S 30,78000 118' Wide Sidewalk complete in place. 3,213 SY 6 31.00 S 99,60300 $ 2800 5 89,96400 5, 30.42 S 97,73946 S 2750 5 88357.50 5 30,00 5 9639000 5 21.15 S 67,95495 S 3150 5 101,209.50 12 4' Wide Sidewalk complete in place 12 SY 6 31.00 S 37200 S 28.00 5 33600 5 3211 5 38532 $ 2920 S 350.40 S 50.00 S 600.00 S 2340 S 28080 S 3130 6 378.00 13 Pavilion Slab, excluding Piers and the Pavilion Shucturo, complete in place. 473 SY S 4200 5 19,86600 5 4800 5 22,70400 5 3881 5 18357.13 5 44.00 S 20,812.00 5 6500 5 30,74500 S 29.25 5 13,83525 S 6000 5 2838000 141045'41' Cantonment 880, complet in place. 1 10 5 2,00000 5 2,00000 S 2,50000 S 2,500 00 S 1,02860 5 1,02860 5 1,100 00 5 1,100 00 5 3,50000 S 3,500 00 S 1,185.00 $ 1,18500 5 10,00000 5 10,00000 15 Guard Rail, complete in place 150 LF 5 2100 S 3,15000 5 2800 5 4200 00 5 2973 S , 4,45950 S 20.00 S 3,00000 5 3000 5 4,500,00 5 1800 5 2,]00 00 5 40,00 S 6,00000 166' Dm Pipe BOlkds, complete m place. 2 EA S 350.00 S 700 00 6 17500 6 35000 I 208.10 S 416.20 5 24000 5 48000 5 200 00 5 400 00 5 50000 S 1,000 00 5 15000 $ 300 00 17 Traffic Signs, complete in places 33 EA 5 16000 5 3,280.00 S 15000 5 4,95000 S 16351 5 539583 6 17000 5 5,61000 S 300 00 S 9,90000 5 19500 S 6,43500 5 25000 5 8,25000 Project Old Seder's Park at Palm Valley -1999 Site Improvements (Phase 2) Owner City of Round Rock Job Number: 601 -523 Bid Data: May30, 2000 Protect Location: Round Rack Williamson County, Texas 8o0061u80lev4 616410 8 39 4.62 Baker-Aullen & M+wlure,. la 9a 6Naom+6 6690 939 AM eotmAm/Jen EArrnnar 8. Me Ranger Excavating, Inc Austin, TX RGA1 Cons8 ctors, LP PBu600112171 STR Constructors. Inc. Georgetown. TX Chasco Contracting Round Rock, TX C C Carlton Industries, LTD Austin, TX Yes 1 C. Evans Construction Austin, TX Bid Band' Yes Travis Paving & Excavation Bastrop, TX Bid Bond" Yes Bid Bwnd' Yes B,d Bond' Yes Bid Band? Yes Yes Bid Bond? Addendums Yes Yes Bid Bond' Addendums Yes Addendums Ycs Addendums Yes Addendurns Yes Addendums Y. Unit Price Cost Addendums Unit Price Cost Unn6l,c6 Unit P 1800 nee Unit P 14.37 Co s327.96 S Unit Pnco C os83200 Bidltcm 18 8' Fencing, including all Rump, and appunenanen, complete m place Quanaty 162 Unit LF Unit Pnce 5 3700 Cost 5 5.99400 S 16.00 S 2,59200 5 1486 5 2, 407,32 5 5 25960 S 6 2 S S S 33.00 9 S 65,27400 1910' Fercmg•9410d14g all fittings, and appurtenances, complete m place. 1,978 LF S 2100 5 41,538.00 5 23.00 5 45,49400 5 2557 5 50,577.46 . 5 1960 5 38,768.80 S 2500 5 49,450.00 5 2543 5 50,300.54 2500 5 1.02500 20 White, 12" Wi4e,The1980p104618, Pavement Making with Soler, complete in place 41 LF 5 501 5 20500 5 500 S 20500 S 535 S 219.35 5 3.30 5 21730 5 500 S 20500 5 300 5 12300 5 500 5 8,27000 21 White, 4 "W,de, Thermoplastic, Pavanent Marking with Sealer. complete m place 1,654 LF 5 100 5 1,65400 5 080 5 1,32320 5 , 089 S 1,47206 5 090 S 1,48860 5 050 S 82700 9 100 S 1,65400 5 500 5 8,27000 22 Yellow, 4" Wide, 111e902p1469/e, Pavement Marking wnh Sealer, completemplace. 1,654 LF 5 100 5 1,65400 5 090 5 1.48860 S 101 - 5 - 1,67054 ,, '- 5 100 S 1,65400 5 050 S 827.00 5 1.00 S 1,654.00 S 6 2500 5 2,40000 23 White, 24 Wide, 171184m0910844, Pavement Marking with Sealer, complete in place 96 LF S 1000 S 960.00 S 9.00 5 864.00 5 1000 •, 5 960.00 - 5 1000 5 96000 5 1000 S 96000 5 600 5 57600 50000 5 6,000.00 24 Tennis Cant 802ping, complete in place. 12 EA S 300.00 5 3,60000 S 25000 5 3,00000 5 297.28 - 5 - 3.56736 . 5 270.00 5 3,24000 5 1,20000 5 14,40000 5 28730 5 3,45000 5 1,00000 5 12,00000 25 Thum Court Nets and Posts, complete in place. 12 EA 5 1,00000 S 12,00000 5 45000 5 5.40000 5 95131 -, 5 11,415.72 5 1,20000 5 14,40000 5 1,200.00 5 14,400.00 5 92000 5 11,040.00 5 S 5000 S 10,60000 2635124 "CMAP, complete in place. 212 LF S 46.00 5 9.75200 5 55.00 5 11,660.00 S • 26.76 S 5.673.12 5 3540 S 7,50480 5 4500 S 9,54000 5 7800 S 16,53600 5 1,300 5 2,60000 27a Concrete Headwall for 35 "424" CMAP, complete in place. 2 EA 5 2,80000 S 5,600,00 5 2,500.00 5 5,000.00 5 1.189.13 - 5 2,378.26 ' 5 98000 5 1,96000 5 2,10000 S 4,20000 6 2,92500 6 5,85000 S 5000 5 850,00 276 Rock Rip•13p, complete m place 17 SY S 30.00 5 51000 5 10000 5 1,70000 5 11891 5 . 2,02147 5 1730 S 29410 5 5200 5 884.00 S 4000 S 680,00 S 130000 5 1,500.00 2812 "46 "Tappi80 Sleeve and Valve. including all finings and apmteaanc22 complete In place 1 LS 5 4,400.00 5 4,40000 5 4,00000 5 4,00000 S 2,73501 5 2,735.01 5 1,80000 5 1,80000 S 3.200 00 5 320000 5 2,25000 6 2,250.00 1,500.00 5 1,50000 298"x6' Tapping Sleeve and V498e, including all filings and appurtenances, complete in place 1 LS 5 4,35000 5 4 ,35000 5 3,40000 5 3,40000 5 2,14044 5 2,14044 5 1,80000 5 1,80000 5 2,80000 5 2.000.00 S 2,00000 S 2,00000 S 5 1.00000 5 2,00000 302" Tap and Corporation Stop. nncludng all finings and appurtenances, complete in place. 2 EA 5 2,20000 S 4,40000 5 42500 5 85000 6 1,66479 5 3,329.58 5 40000 5 80000 5 45000 5 900,00 S 55000 5 1,10000 5 1200 9 11,040.00 312 "PVC, Schedule 40, Water Line, including all finings and appurtenances. complete in place, 920 LF S 1500 S 13,800.00 5 1600 5 14,72000 5 2096 - 5 , 19,283.20 , 5 1650 5 15,18000 5 1000 S 9,20000 5 2300 S 21,16000 5 1,50000 322" Gam Valve, including Valve Box and adjusting to finished grade, complete in place, 1 EA 5 30000 5 30000 5 40000 S 40000 5 32701 S 32701 5 20000 5 20000 5 600.00 5 60000 S 20000 5 20000 5 1,50000 9a 6Naom+6 6690 939 AM eotmAm/Jen EArrnnar 8. Me £d 6uTaaul, 4/6/00 a 39 4M bob tidlm 6AmockIo 0. Quantity Unit Ranges Excavating, Inc. Austin. TX RGM Constructors, LP Pflugervllle. TX STR Constructors, Inc Georgetown, TX Chasm Contracting Round Roc,, TX C C. Carlton lndustnes, LTD Austin, TX J,C Evans Constitution Austin, TX Travis Prang &Excavation Bastrop. TX _Bid Bond' Y. Bid Bond' Yes Bid Bond' Yes Bid Bond' Yes Bid Bond' Va Bid Bond Yes Bid Bad' a Y es Yes Addcndums Yes Addcndums Yes Addendum, Yes Addedoms UnOPnvo Yes Addendum, Yes Addendum, Yes Addendum, Unit Price Cost Una Price Con Unit Puce Cott Unit Puce Cost Cost Unit Price Cost Una Puce Con Bid Item 33 Lower Existing 4' Water Line, 96 necessary) including all finings, appune6unca, and any admunment of vault, complete in place. 257 LF 5 1900 5 4,883.00 S 5300 5 12,85000 5 15.86 5 4,07602 5 1900 5 4,883.00 S 2000 5 5,14000 S 21.00 5 5,397,00 S 2500 5 6,42500 346 "C -900 Water Line, including all finings and appuneurx2, campine in place. 1,847 LF 5 2100 1 38,78700 5 24,00 5 44,32800 5 4041 S 74,637.27 . 5 2600 9 48,02200 1 1800 5 33,24600 5 34.50 5 63.721 50 5 3000 S 55,41000 35 6" Gate Valve, including Value Box and adjusting to finished grade, complete in place. 3 EA S 88000 5 2,64000 5 50000 5 1,500,00 5 65402 „ . ,,• 5 1,96206 - S 65000 5 1,950.00 5 80000 S 2,40000 5 90000 S 2,70000 S 1,50000 S 4,500.00 36 6" PVC, Schedule 40,(Grey) Weer Line, including all fittings and appurtenances, tempkm in place. 124 LF S 21.00 6 2,604.00 S 2800 9 3,47200 5 37.72 3 4,67728 5 17.70 5 2,19480 5 1800 S 2,23200 5 2800 5 3,472.00 5 3000 5 3,72000 37 8" PVC, Scheduk 40, Water Line, including all finings and appurtenances, temple 9 in place 60 LF 5 2300 S 1,38000 5 2400 S 1,44300 5 46.16 s , 5 2,769.60 . S 1770 S 1,062,00 5 2200 5 1,32000 5 3000 5 1,80000 0 6000 5 3,60000 361" Water Mot, complete in place. 3 EA S 1,50000 3 4.500 00 S 60000 S 1,800.00 5 1,426.96_ 5 4,280.88 S 400,00 5 1,200 00 S 2,50000 5 7,500 00 5 850,00 5 2,55000 5 1,500 00 6 4,50000 39 1" Back Flow Pre:vee02, campkte in place. 3 EA 5 60000 S 1,800 00 9 844 00 S 2,53200 5 891.85 1 S . 7,675 55 5 12000 5 360 00 5 1,200 00 S 3,6000D 5 650 00 5 1,95000 5 1,00000 5 3,000.00 4812 "Encasement Pipe, complete `- places 43 LF S 6700 S 2,881.00 5 5200 5 2,23600 6, 12139 5 5,211.17 S 4720 1 2,029.60 5 4500 5 1,93500 5 6600 S 2,83800 5 15000 $ 6,45000 41 6" Sleeve, complete 939 LF S 1500 5 14,08500 S 5.00 5 4,69500 5 ,- 29.89 28,066.71 S 1400 5 13,146.00 5 1800 5 16,90200 S 12.01 S 11,27739 S 20.00 5 18,78000 42 Fire Hydrant Anse Gate Valve, Valve ssoa, all pipe, fittings and appurtenances, complete 1 EA S 3,80000 5 3,800 00 S 3,100.00 5 3,100 00 5 3,311.74 5 3,311.74 5 2,100 00 5 2,100 00 5 2,800 00 5 2,800 00 5 2,850,00 S 295000 9 7,500,00 5 7,50000 43 Hose-Bib Assemblies. (see detail) including Carmine Pad, Post, Meter Box, Gam Vakq all pip, finings and appur mane , Anchors, Gravel, Feline, complete in place 5 90000 5 3.60000 5 1,500 00 S 6,00000 S 1,486.42 0 5 5,94568 ` 5 47000 5 1.88000 5 650.00 5 2,60000 5 1,45000 3 5,800.00 5 1,25000 5 5,000,00 44 Water Line Maher Sig, cmelem in place. 9 EA 5 4000 5 360.00 5 1700 5 15300 S 327.01 • S w 2,94309 5 2500 5 225.00 5 25000 5 2,250,00 5 75,00 1 67500 S 25000 5 2,25000 45 2" PVC, Schedule 40, Electrical Conduit, complete in place. 444 LF S 10,00 5 4,440,00 - 3 600 5 2,66400 S , 8.32 S 3,694,08 - .. - 5 1180 5 5,239.20 5 1000 5 4,44000 5 816 5 3,62304 5 1500 5 6,66000 46 4" PVC, Schedule 40, Ekemal Conduit. complete In place. 374 LF S 1500 5 5,61000 S 7,00 5 2,61800 5 10.70 ' 5 4,001,80 S 1420 5 5,31080 5 1300 5 4,86200 5 8.83 5 3,30242 3 23,00 5 7,48000 47 Sat Fence. complete m place. 4,276 LF 5 153 5 6.41400 9 150 S 6,41400 5 1.55 5 6,62780 S 1.70 5 7,26920 5 3,00 S 12,82800 9 1.59 5 6,798,84 5 300 5 12,828.00 48 Rack Bem, complete m place 230 LF 5 12.00 5 2,760.00 5 1100 5 2,53000 5 11.89 5 2,734.70 5 1280 $ 2,944.00 5 2000 S 4,600.00 S 11,75 5 2,702.50 S 3000 S 6,90000 49 Stabh1i00dC06994645 E960n0e/E94t complete in place. 5 EA 5 800 00 S 4,00000 5 800 00 S 4,00000 5 47565 - S 2,378.25 5 90000 5 4,500 00 5 1200 00 9 6,00000 5 75000 5 3,75000 S 1,500,00 5 7.500 00 £d 6uTaaul, 4/6/00 a 39 4M bob tidlm 6AmockIo 0. Note: Cells which are shaded show mathematical errors made on the contractors bid sheet. This bid sheet shows the correct total cost based upon the contractors unit cost for the applicable item. 6MdvIono,...11 600039 Al eakmAknm 6Anaares Inc !) Ranger Excavating, Inc Austin, TX RGMComoueors, LP PBuo,rville, T7( S1R Constructors, Inc Georgetown, TX Chasco Contracting Round Rock, TX CC Carlton lnd000,00, LTD Austin, TX 1 C. Evans Conswcoon Austin, TX Travis Pawng &Excavation Bastrop TX Bid Bond? Yes Bid Bond'+ Yes BM Bond? Yes Bid Band Yes Bid Bond Yes Bid Bonds Yes _Bid Bond Yes Addendu m Yes Addendums Yes Addendums Y. Addcndums Yes Cost Addendum Unit Pnce Yes Cog Addendums Unit Pnce Y. Cost Addendums Unit Pnce Yes Cost Bid Item 50 Removal of Existing Stabilized Construction Entrance/Exit, complete In place Quantity Unit 1 EA Unit Price 5 60000 Cog S 60000 Unit Puce S 50000 Cost 5 50000 Unit Pnce 5 59457 Cost 5 59457 Unit Pnce S 12000 5 52000 S 85000 5 85000 5 50000 S 50000 5 50000 $ 50000 51 Tree Protection, comp1s64,n place. 1 LS S 5,40000 5 5,40000 5 6,00000 5 6,00000 5 5.61866 5 5,61866 5 6,00000 5 6,000,00 5 3,50000 S 3,500.00 S 4,69200 5 4,69200 S 6,00000 S 6,00000 52 Remove and Replant Existing Tree, as per MAD, complete In place. 1 EA $ 60000 5 60000 5 2,00000 5 2,00000 5 1,159.41 S 1,159.41 S 40000 5 40000 S 1,200 OD 5 1,200.00 3 50000 5 50000 $ 1,00000 5 1,000.00 53 Remove and Reloom Existing BBQ Grill, as per PARR, complete 0 1 1.$ S 60000 $ 60000 S 50000 S 500.00 5 297.28 5 297.28 S 250.00 S 25000 S 85000 5 85000 5 75000 5 750.00 5 1,000.00 S 1.00000 TOTAL BASE BID (Item l through 53: 5 908,404.40 • 5 982,374.15 - $ ' 976,119.46 51,112,619.69 S 1,162,018.75 5 1,240,051.72 1 1,335,531.25 54 Wheel Stops, complete is place. 102 EA S 33.00 5 3,36600 5 6600 S 6.732,00 5 3389 s S 3,456.78 5 40.00 S 4,08000 5 20000 5 20.400.00 5 35.00 5 3,57000 5 5000 5 5,10000 55 Altcmam Pavement Seca.. 0 Pavilion Site), complete in plaza 2,185 59' S 8.75 5 19,118.75 5 2500 5 54,625.00 5 050 - 5 , 1,09250 - 5 900 S 19,665.00 S 250 - 5 5,46250 5 7.22 S 15,77570 S 13.70 5 29,934.50 TOTAL ALTERNATE BID 0ttm 54 through TOTAL BASE& ALTERNATE BID (Items 55): l through 551: S 22,484.75 5 930,889.15 5 61,357.00 .5 1,043,731.15 ` • - S 2,36438 -' 5 •• 978,483.74 . , ' 5 23,745.60 s 51,136,364.65 5 14,93730 $ 1,176956.25 S 19}7570 5 1,259 ,397.42 5 35,03450 5 1,370,565.75 Note: Cells which are shaded show mathematical errors made on the contractors bid sheet. This bid sheet shows the correct total cost based upon the contractors unit cost for the applicable item. 6MdvIono,...11 600039 Al eakmAknm 6Anaares Inc !)