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R-01-05-10-13A1 - 5/10/2001
RESOLUTION NO. R- 01- 05- 10 -13A1 WHEREAS, the City of Round Rock has duly advertised for bids for the Meadow Lake Park Sidewalk and Grading Project, and WHEREAS, Belke Construction has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Belke Construction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Belke Construction is hereby accepted as the lowest responsible bid and subject to the negotiation and final approval by the City Manager and City Attorney of a contract document, the Mayor is hereby authorized and directed to execute a contract with Belke Construction for the Meadow Lake Park Sidewalk and Grading Project. 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. AT RESOLVED this 10th day of May ST: LAND, City Secretary Oh\ WPDOCS \RESOLUTI \R10510A1.WPD /,c ROB A. STLUKA, JR., Mayor City of Round Rock, Texas Bid Tally Sheet for: Meadow Lake Park Sidewalk and Grading Project Bid Date 17- Apr -01 Time of Bid: 2:00 PM Bid Read By: J. Wade Tomlinson Bids Recorded By: Kenny Wilkison PARD Austin Bridge Belke Garcia H. Deck Muniz Myres Keystone r N C') 7 0) n CO 07 O rNM E rrrr T R. $ 2,500.00 $ 2,900.00 $ 2000.00 $ 1,500.00 $ 350.00 $ 3,800.00 $ 1,100.00 5 5,845.00 5 835.00 $ 4,509.00 5 1,002.00 $ 1,035.40 5 2,500.00 5 1,436.20 $ 3,340.00 $ 1,670.00 $ 4,509.00 $ 1,002.00 $ 751.50 $ 2,500.00 $ 1,419.50 $ 988.00 $ 1,425.00 $ 1,425.00 $ 475.00 $ 741.00 $ 1,520.00 $ 2,508.00 $ 29,700.00 $ 32,400.00 $ 32,400.00 $ 37,800.00 $ 43,200.00 $ 35,298.00 $ 44,460.00 $ 3,959.30 $ 1,164.58 $ 2,335.00 $ 1,634.50 $ 582.25 $ 2,747.00 $ 329.00 $ 200.00 $ 220.00 $ 400.00 $ 200.00 $ 300.00 $ 240.00 $ 220.00 $ 920.00 $ 1,000.00 $ 1,600.00 $ 960.00 $ 1,200.00 $ 1,080.00 $ 320.00 $ 440.00 $ 600.00 $ 1,000.00 $ 440.00 $ 560.00 $ 528.00 $ 240.00 $ 180.00 $ 200.00 $ 500.00 $ 200.00 $ 280.00 $ 216.00 $ 200.00 $ 1,000.00 $ 1,100.00 $ 2,000.00 $ 1,000.00 $ 1,120.00 $ 1,560.00 $ 800.00 $ 1,125.00 $ 1,250.00 $ 2,000.00 $ 1,125.00 $ 1,625.00 $ 1,350.00 $ 100.00 $ 350.70 $ 417.50 $ 1,002.00 $ 375.75 $ 501.00 $ 1,194.05 $ 501.00 $ 50,548.00 $ 45,182.08 $ 55,680.00 $ 47,714.25 $ 52,246.15 $ 54,533.05 $ 53,633.70 Bid Tally Sheet for: Meadow Lake Park Sidewalk and Grading Project Bid Date 17- Apr -01 Time of Bid: 2:00 PM Bid Read By: J. Wade Tomlinson Bids Recorded By: Kenny Wilkison PARD DATE: May 4, 2001 SUBJECT: City Council Meeting — May 10, 2001 ITEM: * 13.A.1. Consider a resolution authorizing the Mayor to execute a contract with Belke Construction for the Meadow Lake Park Sidewalk and Grading Project. The contract amount is for $45,182.08. Resource: Sharon Prete, Parks and Recreation Director History: The trail and grading project is being built in response to neighborhood and city needs. Finding was established in the 1998 G.O. Bond election where Meadow Lake Park was budgeted $100,000. This is the first phase of developing the park. This contract with Belke Construction is primarily for the construction on approximately 1800 lined feet of concrete trail. The contractor will also build pads where future playground equipment will be placed. In addition, irrigation bubblers will be installed for a fall 2001 tree planting. Playground equipment, benches, tables, as well as other enhancement items will be purchased and installed with the remaining funds. Funding: Cost: $45,182.08 Source of funds: 1998 G.O. Bond Outside Resources: Belke Construction Impact: The trail will provide a safe and stable walking/biking surface and irrigation will increase tree survival. PARD does not have the in -house expertise to construct the playscape pad. Benefit: Citizens who live neat Meadow Lake Park will take advantage of the park improvements. Public Comment: PARD has been working with the neighborhood and together has developed designed goals for the park. The design goals (listed in priority) and implementation strategy is as follows; 1. Nature enhancement - To be added in Phase II by PARD 2. Walking Trail - To be added in Phase I (Belke Construction) 3. People friendly amenities - To be added in Phase II by PARD 4. Playscape - To be added in Phase II by PARD 5. Landscaping and shade - Irrigation - To be added in Phase I (Belke Construction) Tree Planting - To be added in Phase II by PARD 6. Fishing Pier - To be added in Phase III 7. Parking - To be added in Phase III • Sponsor: PARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Meadow Lake Park Sidewalk and Grading Project � 11 0 ' � � 111f ►f f r q„ �cR�s T Wo. - linens ■ � A� I APPROVED BY CITY ORNEY /�- Dl -DS -ID /�3A1 rrt NOTICE TO BIDDERS 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 Meadow Lake Park Sidewalk and Grading Project will be received until 3:00 p.m., Monday, April 16. 2001 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 " Meadow Lake Park Sidewalk and Grading Project" No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from City of Round Rock Parks and Recreation Department, Round Rock, Texas, 78664 beginning April 2. 2001. for a non - refundable charge of $25.00 per set payable to City of Round Rock Parks and Recreation Department. 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. ,Austin American Statesman: April 9, 2001 Month 16, 2000 notice.doc NB -1 BID DOCUMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS TO BIDDERS 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 on proposal forms furnished by the City of Round Rock. 5. 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. 6. 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. 7. 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. 10. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a Performance Bond and a Payment Bond in the amount of one- hundred percent (100 %) of the total contract price. Submit the bonds to the CITY for review. 11. 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, and Payment Bond as required, 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. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. PROPOSAL BIDDING SHE JOB NAME: Meadow Lake Park Sidewalk and Grading Project JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: April 16, 2001 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Meadow Lake Park Sidewalk and Grading Project 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: BASE BID Meadow Lake Park Sidewalk and Grading Project Bid Item Description Unit Ittm Quantity Unit and Written Unit Price Price Amount 1. 1 Each Construction entrance. Complete and installed / I .� 1J1Qh�rluh 011ars cents. 2. 167 square yard Excavated topsoil. Complete. fl6 hK. )Lindka( Ktntl coll L ,mb c n 3. 167 square yard Relocated, graded and compacted topsoil. Complete and installed D ile±64 iti 1. ollazs p(7 aqo cents. $ 10 • $ ' 1 1 1 1 1 1 1 Irrigation and Piping 1 1 1 1 1 1 1 1 1 1 1 1 4. 19 Each 4" PVC sleeve, 18" below finish grade. Complete . , install -d� V �:: [ . .� d r Jn() cents. $ 1 1 " ) 5. 1800 Linear feet 6' reinforced concrete trail including lay ut and grading. Co plete .nd install -d 6. 46' -7" Linear feet Reinforced retaining wall. Complete a +d insta led iccyy I t /� t. ,I ...I ��+ L . La I . p dolldrs r i t cents. $ , 5. $ 1,1/04. 1 7. 1 Each Backflow, piping assembly for drinking fountain ,C om 11 an inszJled. l( �>n u. 1 to� LrXt dollars D Da •4-,© c $r $O 8. 800 Linear Feet Irrigation mainline. Complete and installed. dollars cents. $ I, 21) 5. $ 1 o ,c0 $ 3a LJoa 9. 4 Each Electric valves with radio operated solenoids including valve boxes. Complete and installed. ( ( 4../U4 dollars QO UO �d i `0 cents. $ � 5 J 5' $ (o 0a 10. 1 Each 1" Back flow preventor for irrigation including valve box ompl to and �ta vnGliA 0 r . dollars J cents. $_ $ ,2.6 11. 2000 Linear Feet PVC irrigation laterals. Complete and • + tailed. /�� `ems IMro # ars c.-h n cents. $ .55 $ 111.00. 12. 50 Each Tree bubblers Complete and installed. Revegetation 13. 167 square yard TOTAL BASE BID (Items 1 through 13): Respectfully Submitted, Ottvtcs VIA) cents. Hydromulch revegetion over disturbed Complet- and in talle.. —41_, i ,•� A I 1 • 0 tlazs AN. L cents. The undersigned acknowledges receipt of the following addenda: areas. If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within ten (10 ) 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 42 calendar -day period, the bidder shall pay the amount of Two Hundred Fifty Dollars ($250.00) 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. Addendum No. 1 dated </ - G - h / Received V - 13 - C) t Addendum No. 2 dated '/ - //- • co / Received S/ - // - r Addendum No. 3 dated Received $ 5° $ I,aS6 $� . (5° $qtr.OD $ �5 Title qe /kc „C ,,. Name of Firm 9 2 Yt.. F.-1 b l Address ,S 7S ? —Z(7( Telephone Date Secretary, if Contractor is a Corporation POST BID DOCUMENTS THE STATE OF TEXAS § COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this 1 lJ — day of , 2001 , by and between (Owner) City of Round Rock, Texas of the State of Texas, Ling through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) BelKt Coros- 6cucbar.) of - Tin° f N ok , Texas, County of -t i I c.m , and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: 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 said OWNER to commence and complete the construction of certain improvements described as follows: Fk.wauw Lultie i'Pa+k S,dawulk 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 City of Round Rock Parks and Recreation Department, 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 1 b calendar days after the date written notice to do so have been given to him, and to complete the same within 4 s 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. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. 1 1 1 1 1 1 1 1 .1 1 1 1 1 .1 1 1 1 1 CITY OF ROUND ROCK, TEXAS BELKE CONSTRUCTION Corporate Seal (CONTRACTOR) BY: Anthony Be1ke, 11T Owner ATTEST: ATTEST: (The following to be executed if the Contractor is a Corporation.) (Typed name) (Title) Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State I, , certify that I am the Secretary of the Corporation named as Contractor herein; that , who signed this Contract on behalf of the Contractor was then (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signed: * * ** Commercial Indemnity Insurance Company EERFORJ'SANCE BOND Bond No. BD45831 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Belke Construction of the City of Thorndale County of Milan , and State of Texas , as Principal, and * * ** authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Forty Five Thousand One Hundred Eighty Two & 08 /100's dollars ($ 45,182.08 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 20 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: Meadow Lake Park Sidewalk and Grading Project 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. PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of May ,2O03. Belke Construction Principal By: Title C74it1k/r� P.O. Box 711 Address Thorndale, Texas 76577 Resident Agent of Surety: Time Insurance Agency,, Inc.. Printed Name 1507 South IH -35 Address Austin, Texas 78741 City, State & Zip Code Si John W. Schuler By: Commercial Indemnity Insurance Company Surety Schuler Attorney -In -Fact Title 1507 South IH -35 Address Austin, Texas 78741 1 1 1 1 1 1 1 1 1 * * ** Commercial Indemnity Insurance Company THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND Meadow Lake Park Sidewalk and Grading Project Bond No. BD45831 KNOW ALL MENBYTHESE PRESENTS: That Belke Construction , of the City of Thorndale , County of Mi lam , and State of Texas as Principal, and * * ** 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 Forty Five Thousand One Hundred Eighty Two & 08/100's Dollars (5 $45 ,182.08 ) 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 , 20 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: 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. 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 21st day of may , 20 01. Belke Construction' Principal By: vt Title Address P.O. Box 711 Thorndale, Texas 76577 Resident Agent of Surety: Time Insurance Agency, Inc. Printed Name 1507 South 1H - 35 Address Austin, Texas 78741 City, State & Zip Code Si_ wow a John W. Schuler Commercial Indemnity Insurance Company Surety W. Schuler Attorney -In -Fact Title 1507 South TH - 15 Address Austin, Texas 78741 1 Commercial Indemnity Insurance Company COMMERCIAL BD45831 1507 South 111 INDEMNITY INSURANCE CO. POWER OF ATTORNEY • ▪ Austin, Texas 78741 ' KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7 day of April, 1999, to wit: • ▪ "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey -In- Fact, such persons, firms, or corporations as may be selected from time to time. ' Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall I be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or 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." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: I John W. Schuler State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: ' The Obligation of the Company under this power of attorney shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by I the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority herein given, are hereby ratified and confirmed. I IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 1 State of Texas ' County of Travis ' On this 7 day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. 1 1 1 John W. Schuler. President SANDRA L DENTON NOTARY PUBLIC State of Tex. Comm Em 00.38.2000 ' Commission Expires 8 -26 -2000 CERTIFICATE I I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: • Signed and Sealed at the said Company at Austin, Texas dated this 21st day of May 20 01 Sandra L. Denton, Notary Public Joel T. Massey, Secretary COMMERCIAL INDEMNITY Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact John W. Schuler, President of Operations, whose direct dial number is 512 -447 -7773. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 365 -6065 You may also write to Commercial Indemnity Insurance Company : 1507 South IH -35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 -475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. , 05/17/2001 22:25 ;7; 5122600329 - 4IC_%t 31s - I L 1 LI • AUTOMOBILE UA$(L1TY P C4,kw44 - Zl.e.r • 7�iC. /CC -- 0 - 1 /10k 1 - .21221s2.1626( oci WORXE1tS' COMPENSATION AND EMPLOYERS' LIABILITY B w C_ 1 -18,;) 7 ' •C3clefs flu- co,,ca OI11ER The Cr of Ret 04 Rock h oaroed a; additional ensued with :upcct lu .11 psOc,re oosept Workers Compensation and Employers' L,tidrty. Should any of M. - above described pokaes by ceneelled or dnnsed ts•,wse the e,TVehon dare tterent tic ;Rains anmpany will mat, Way 001 days M l;cn notice Id the carunale Wilder named below. CERTUICATF HOLDER: C,tycf KO.id Ruck VI E. Mein Steel Roand Rook, I'cro; 7865c al:n. -panne Land TYPO OF INSURANCE • POLICY El cu. tivE EXPINATIO EMITS I,TR NUMBER DATE BATE GENERAL LIABILITY ! `(l o c . — 2,fs..ti,1LL 0,7/1olc0 - C /101D £5t:E32 LIAm1LITY • DESCRIPTION Or OPERATIONSILOCATIONS/VGNICLES, c PECIAL ITEMSfIJfCEP110NS BLUEBONNET PRIDE INS PAGE 02 „\ Aiii4 CERTIFICATE DE LIABILITY INSURANCE - PE DD cER BLUEBONNET PRIDE INSURANCE AGENCY, INC. COMPANIES AFEORDOa't: CO'/NNAOE 13563 -B Hwy 29 A rn Y9 lcL 1l (I11 SL QJ y' = ZLta i � lti P0.Box2000 B w as (�IL< ides (nslM.1. • Liberty Hill, Tic 78642 INSURED C `` 1, ' !'mil s r/Q11 Iln - 1111513T+% CERTIFY THAT the Insured named above is insured by the Ceripanics laded abuse wait ratpect to the bes.nets o Ia:unnt haeina0er deurbcd, rot the types of insurance and is a!ordance wid: the [ iremum n1 she standard policies J by the companies. an fund, here; •aVer described Excepdors to the eolicica a•e nete:7 bclrnr. O?NERALP.riC:4EOATE i aCCOOr PRODUCTS•COMI vp V G. OCO COO PERSONAL A•.DV.:I.i:RY 3 I cicooeC PAOIOCC:URR_0NCQ $ t GOCC'C 0 FIRE DAMAGE (My Otto Ice) 3 30'3CC)0 MED. ExPENS6 (Any one petlnn)S 10 HOC) COMBINED SICGIELIMIT S 1000000 BODILYIN10RY iper ;.c0 ) 3 BODILY INJURY (Pat arddent) 5 PROPERTY DAMAGE 3 lACId OCCLRKENCE 3 AGGREGATE 3 S'A TORYLIMTS EACH ACCIDENT $ 1 op030 DISEASE - POLICY UMR f ICOIOCC) LISEASE EACH EMPLOY :TIE i cOOCO6 510NATUJ OP ADTNv1UZCU REPR SENSATVE c c f ,t, \ TypedNat'ne 1/ (1 0 I2 Tnlc: �li'I'• r P - 1 - Ig 05/17/2001 21:23 t 5122600329 (SCaUpOON OP OPERATIOHSILOCATIONTNERICLES /EXCLUSIONS ADDED EY ENOORSEMENTISFECIAL PROVISIONS ERE HOLDER X ADOITIONALINSUREC 4 CORD 25S 170371 City Of Round Rock 221 E. Main Street Alin: Joanne Land Round Rock TX 78664 BLUEBONNET PRIDE INS PAGE 02 BELKE CONSTRUCTION P.O.DOX711 THORNDALE TX 76577 COVERAGES GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE © OCCUR • AUTOI.(OBILG LLADIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTO! NON -OWNEOAUTOS COMP DED $500 COLLISION DED $500 SOP 36715614 SCI 36716869 07/10/2000 07/10/2001 07/10/2000 07/10/2001 EAOH OCCURRENCE FORE DAMAGE (An me fiml GENERAL AGGREGATE PRODUCTS • COMP/OP AGO ( W e Y/d4gNI AUTO ONLY. EA ACCIDENT OTERTNM AU O 2000000 EXCESS UA LJTY OCCUR CLAMS MADE DEDUCTIBLE RETENTION S OTNER equipment floater WC4826 036715614 07/21/2000 01/02/2001 07/21/2001 EA EACH ACCIDENT E L DISEASE - EMPLOYEE EL DISEASE - POLITY UMrT s 1,000,000.00 100000 500000 100000 ACORD CERTIFICATE OF LIABILITY PRODUCER Bluebonnet Pride Insurance Agency �NCE PO Box 2000 13563 -8 Hwy 29 Liberty Rill TX 78642 PATE (MMIOOTYTI 0 5/31/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATto N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE IO ALTER THE COV E R RAGECAFF O D R DED B Y THE P B OW. INSURERS AFFORDING COVERAGE INSURER A: INSURER R. M. and Casual - Zurich Small Business INSURER C Texas Builder's Insurance INSURER O INSURER E ANY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. SE ISSUED HSTAND I MAY PERTAIN, THE INSURANCE CONDITION FFORDED B T E POLICIES DESCRIBED HEREIN S SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS or SUCH [!!!5��7 PPOLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID DOCUMENT CLAIMS, WTr11 RESPECT TO WHICH THIS CERTIF(cATE MAY SE ISSUED oR .•, .+ P OUeY EFFECTNE T E ..,V. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POMCIES BE CANCELLED BEFORE THE EXPIRATION OATS THEREOF, THE ISSURi0 EISURERYALL ENOCAVOR TO MAIL 0 PAYS 'AIRMEN NOTICE TO THE CERTIFICATE HOLDER NAMCP TO THE LEFT, BUT FAILURE TO DO ROCKALL IMPOSE NOOK OR IANUTY OF ANYXIND /wpNTHC INSURER. ITSAOCNTO OR REP/MEW/kW:41V � w AUTHDRU.ED Re' ' L fa .9 2000000 D CORPORATION 9988 tit: ryuUJ. ADRUM'. ILNAUA Ie LIDO ID DRU TYPE OF INSURANCE M.D.. e wW u ,,, MAI Der Aeu DT rn ., SOUCYN a ,jar Yf IIMV;W 07/10/2000 _ POLE, I MTGYYL 07/10/2001 UNIT] 'EACH OCCURREACE : 1000000 R `EIERAL enure..._ X CO.7CRCIAL GENERALLMRenY SCP 36715614 PALS OMANOC ems Ana Au /Aro EIS. (my m. .e.v.l F 300000 . _ ___j CALM mum [I OCCUR E 10000 mTLORAL A.nY ML4A, i 1000000 _ GERERALAnoREm *E PROOUCT9 -CMPOP AGO A 2000000 GENL AGGREGATE pp U R W p EAP � T PLES PER — 1 POLICY r - I JEOT 1 LOC S 2000000 B ROPM0mia"°"'TM ANT AUTO _ AM DNNEDAUTOS X EGI601AE0 AUroi • _ HEED ALTOS NOHOWNED AUTOS X COMP DED S500 SC136716869 ■ 07/102000 07/10/2001 COMBINEDSNGaeu R (ES euxMS1 1,000,0110.00 RONEY!A.m. (1,,i WTCn) F ... EOOILY Amin LAr=menl E PlmomTY O.MAGE IAA a coMNI X COLLISION DED 5500 _ cum= Elam. ANY AUTO AA}UMTOOgONLY -EA ACCIDENT 9 O1OONLY EA ACC S EXCESS LM99Ir/ OCCUR l . _I C 7 AAas MADE R DEDMCTALE _ . .. RETENTION E , - .. EACN OCCURAINCE E AGGREGATE 4 S _ S S C E1° J5An0AAM E ' O We0.m WC4826 • 07/21/2000 07/21(5001 ITT ,13,111kI I FR LEACH ncpoEw E 100000 EL DSEASE-EA EMPLOYEES 500000 EL DISEASE -METIER' I 100000 4 OTHER equipment floater - 036715614 , 01/02/2001 _. _ .... DEamawnOM OF OPERA TENS/LOCATUI6NEHeuiRiCLUMS. S AMMO BY EADOCIEMEAMPECI .PATAVSICRE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - ACORD 26-0 (7197) ACORD CERTIFICATE OF LIABILITY INSURANCE ' ° r irV IAll THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0°"`" Bluebonnet PTido lnsurd1lccAgency PO Box 2000 13563 - B Hwy 29 Liberty Hill TX 78642 INSURE:, RF.LKE CONSTRUCTION PD. BOX 711 THORNDALL• City Of Round Rock - 221 E. Main SL Round Rock, 7k, 78664 Ann: Joanne Land TX 76577 CERTIFICATE HOLDER Ii ADaRORALPrvnsa;NWRm LIDTTa NSURERA INSURERS AFFORDING COVERAGE SURERE. Maryland Construction Company MEDREac MCCLELLAN AND HINE OSURER C msuRER 1 COVERAGES 7lfi€R2u61Ra. J".9LAIL"6`: ETLiS1,R€FR std'rUi:F", 406 ,'aERllta+•1EadT.l;1Fb1MARA e;',7kA„a ';�,�(i iratie :.FuI-oc'3 F1 ' MAY PERTAIN.T11L CL.r,.:.E:« AFFORDED 6Y .. w.,, T/ ___ 'Ue ALL ME TEAMS. E,.CL 001.0 AND COADEICSIS FSwn CANCELLATION MOULD MY OF TEE /MOVE °CSCRIOED P000E36ECA,,CELLED BEMIS ME 0ms/m.1 I0N 10 1 DATETFRAEOF.THE n3R COMMA V WL 1IDAMm 6G TOMAL... . 0 MAYS MOTEI!_ . - C= ROTTO THE Ca LD LT1ROATa NDER NAMED TO TIE NET. our FAEURE TO 0090 Mau_ ma POSE NO OIELMA CN ORUAN AN LIT Y Of SINDUEDN INS NEARER, I19A0EM60R I REPRESENTATIVES. AUTHONn6D7 I®ENTArrE PIGGYS1SHOP TO ACORO CORPORATION 7988 SPECIFICATIONS & CONDITIONS Landscape and Irrigation Construction for Meadow Lake Park Sidewalk and Grading Project 1. RITRPOSF: The City seeks to contract services for landscape and irrigation construction. See attached plans for locations. 2. DEFINITIONS: The following definitions will be used for identified terns throughout the specification and bid document: 2.1. As-Built — Drawings that accurately reflect post construction location of improvements and conditions. 2.2. City — Identifies the City of Round Rock, Williamson County, Texas. 2.3. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for same. 2.4. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract. 2.5. General Contractor — Identifies the contractor for the recreation center construction — RT King Construction Co. 2.6. Landscape Architect — Identifies the City representative for providing project design or project management. 2.7. Punchlist — Is a list of construction related items that will be reviewed as a part of the inspection of work. 2.8. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. 2.9. Turnover — Identifies the action of the City assuming ownership and maintenance of constructed items set forth in these specifications. PART I LANDSCAPE GENERAL TERMS AND CONDITIONS 1. The Contractor shall provide all labor and equipment necessary to perform the service. The Contractor shall comply with all requirements set forth by the United States Department of Labor. In addition all employees of the Contractor shall be experienced in the type of work to be performed. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety, injury and health of its personnel while its employees are performing service work. 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. ABANDONMENT OR DEFAULT: 4.1. A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere will not be considered in the re advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 4.2. The contract is void if sold or assigned to another service company without written approval of the City. Written notification of changes to company name, address, telephone number, etc., should be provided to the City as soon as possible but not later than 30 days from date of change. 5. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the contract, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 6. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attomey's fees and any and all other costs or fees incident to the performance of this contract and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. 7. INSURANCE: The successful bidder shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 7.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 7.2. The following standard insurance policies shall be required: 7.2.1. General Liability Policy 7.2.2. Automobile Liability Policy 7.2.3. Worker's Compensation Policy 73. The following general requirements are applicable to all policies: 7.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 7.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 733. Claims made policies shall not be accepted, except for Professional Liability Insurance. 7.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 7.4. Policies shall include, but not limited to, the following minimum limits: 1 ' 7.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. ' 7.4.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 7.4.3. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and 5300,000.00 for each I occurrence, and Property Damage Minimum limits of $50,000.00 for each occurrence. 7.4.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. ' 7.4.5. Coverage shall be maintained for two years minimum after the termination of the Contract. ' 7.5. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the ' underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the purchase specification and the ' insurance endorsements stated below: 7.6. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 7.6.1. Provide for an additional insurance endorsement clause declaring the Contractor's ' insurance as primary. 7.6.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear) as to all applicable coverage. 7.6.3. Provide thirty days notice to the City of cancellation, non - renewal, or material changes. ' 7.6.3.1. Remove all Language on the certificate of insurance indicating: 7.6.3.1.1. That the insurance company or agent/broker shall endeavor to notify the City; and, ' 7.6.3.1.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 7.6.4. Provide for notice to the City at the addresses listed below by registered mail. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. ' 7.6.5. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 1 7.6.6. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 7.6.7. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 7.6.8. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 -5299 7.6.9. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 7.6.10. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 8. 1 RICE • 1 uS :_ Y l N. h:_ Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 Certificate of coverage C'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. 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 City. Persons providing services on the p ject ("subcontractor") in Section 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, The City- 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. The CONTRACTOR shall provide a certificate of coverage to The City 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 shall, prior to the end of the coverage period, file a new certificate of coverage with The City showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to The City: A. a certificate of coverage, prior to that person beginning work on the project, so The City 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 City 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 a project, to: A. 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 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 a 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; 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, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. notify The City in writing by certified mail or personal delivery, within 10 calendar days after the person lmew 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 thru G), with the certificates of coverage to be provided to the person for whom they are providing services. H. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR that entitles THE CITY to declare the contract void if the CONTRACTOR does not remedy the breach within ten calendar days after receipt of notice of breach from THE CITY. 9. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, good and services which may be provided under the City's request by Contractor or subcontractors and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 10. VENUE: Both the City and the Contractor agree that performance of this contract shall be in Williamson County and venue for any litigation arising from this contract shall lie in Williamson County. 11. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PARTII GENERAL SPECIFICATIONS 1. SCOPE: This specification describes a service to professionally construct and provide as built drawings of a planting and irrigation operations for a recreation center owned by the City. 2. INTENT: It is the intent of the City to establish a one time contract with a responsible bidder to provide engineering and construction services as specified. 3. : The City has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the City may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of fmancial resources. Contractor shall be entitled to no claim for damages on any portion of work that may be omitted. At any time during the duration of this contract, the City reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. A • IL 4. SUBSTITUTIONS: Submit bids on the basis of furnishing the materials exactly as specified. Substitute equipment or materials may be furnished provided it is equal or better than the quality specified in all respects. u . i t de c ' e : ata a . al ulati s . em i • e. ui alen a r u n e ' ar : the _ o Acceptance or rejections of any such requests for substitutions will be furnished to the bidder. 5. WORK LOCATION /SITE: See cover sheet of drawings. • : 11 at d nt a 6. SITE VISIT: Each bidder shall make a site inspection of the site prior to bidding to fully acquaint him/herself with the site conditions as they exist for full comprehension of the facilities, difficulties and/or restrictions attending the proposed work. 7. SITE RESRICTIONS: 7.1. Parking: Parking is allowed on construction site when conditions permit. 7.2. City Equipment: City equipment cannot be utilized on this project without authorization. 8. )3IDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 8.1. References: Provide the name, address, telephone number and point of contract of at least three firms for which the bidders has preformed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 8.2. Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City shall approve all subcontractors prior to any work being performed. 8.3. Poor performance, A bidder with poor performance history on past or current projects with the city, including, but not limited to, workmanship and warranty may be disqualifed from award of this project. 8.4. Plan of Operation: Successful bidder shall provide a projected schedule showing the days of operations, projected tasks with associated sub - contractors and timelines. The schedule shall be available to the CITY'S REPRESENTATIVE upon request for review and comment. 9. ORIENTATION OF CONTRACTOR. The Contractor shall coordinate all landscape and irrigation construction with the general contractor for the recreation center construction. R.J. King Construction (218) 218-4960. 9.1. The City will provide an initial orientation to the Contractor within five days after contract effective date to identify all policies and operating procedures of the construction site. During this meeting, the Contractor shall provide the City with their recommendations for operation, best locations to install or place Contractor's equipment and a start date for which the Contractor shall have ready for operation. NOTE: It shall be the responsible of the Contractor to familiarize its personnel with the site, site restrictions, and each job assignment. 9.2. A pre - construction meeting is to be conducted between CONTRACTOR and CITY'S representative prior to construction. Such meeting is to be conducted no more than 7 working days before work begins. It is the responsibility of the CONTRACTOR to arrange the pre- construction meeting. 10. RELATED DOCUMENTS: The specifications indicate and specify a complete landscape. Items not specified, but found necessary for a complete landscape shall be famished under this Contract. 10.1. Concerns and discrepancies with drawings, details, or plan notes shall be resolved according to the ranking of priority (highest to lowest): 10.1.1. Plan Drawings 10.1.2. Plan Notes 10.1.3. Plan Details 10.1.4. Specifications 11. CONTRACTOR RESPONSIBILITIES: The Contractor shall provide, but not be Limited to the services defined below: 11.1. Construction of planting and irrigation improvements at Meadow Lake Park Sidewalk and Grading Project . A Texas Licensed Irrigator in good standing, approved by The City or his agent, and who is regularly engaged in installing irrigation and has a minimum of 3 years experience will be required for this work. 11.2. A Texas Licensed Landscape Contractor in good standing, approved by The City or his agent, and who is regularly engaged in installing landscape and has a minimum of 3 years experience will be required for this work. 11.3. The CONTRACTOR shall obtain necessary permits and pay any related fees and taxes required by governing agencies as a part of the base bid. City of Round Rock fees shall be waived. 11.4. All landscape materials and sprinkler equipment shall be new and unused and should meet all standards specified. 11.5. Staff the site with as many employees as is necessary to construct contracted items. 11.6. Assign a primary contact person with the operations management to serve as a contact to both City staff and City residents for the duration of the contract periods. 11.7. Maintain all vehicles and equipment in proper operating condition. Vehicles and/or equipment with oil, hydraulic or other fluid or substance leaks, or vehicles and/or equipment that present an unhygienic or unsafe appearance will not be permitted on City property. Any environmental cleanup shall be at the expense of the Contractor. 11.8. Take any and all steps necessary to ensure all areas construction site remain in a neat and litter - free condition. 11.9. COPIES OF PLANS AND SPECIFICATIONS FURNISHED: The Contract shall be prepared in not less than five (5) counterpart (original signed) sets. The City will famish Contractor two (2) sets of conforming Contract Documents and 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. 11.10. CONTRACTOR shall determine all existing site conditions (i.e, utilities, structures, obstruction, CONTRACTOR acknowledges that he/she has satisfied himself/herself as to the nature of the work and to the quality of surface and subsurface materials or obstacles insofar as this data is reasonably ascertainable from an inspection of the site. Any failure by the CONTRACTOR to acquaint himself/herself with the available information will not relieve himself/herself from responsibility for estimating properly the difficulty or cost of successfully performing the work. It is the responsibility of the CONTRACTOR to locate all utilities. Neither The City nor The CityS REPRESENTATIVE have located any over head or under ground utilities. 11.11. USAGE OF WATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 11.12. CROSSING UTILITIES: There has been no prior locating of utilities. Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with The owner 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. Any utilities noted on plans are estimate locations and should be verified prior to construction by the above described method. The City assumes no responsibility for damage to utilities. 11.13. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES: Whenever existing utilities present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with The City of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. The City will not be liable for relocations costs or damages on account of delays due to changes made by The City's of privately owned utilities which hinder progress of the work. 12. PROJECT RECORD DOCUMENTS: Prepare and maintain record documents for the project to accurately reflect the construction as built. As -built documents shall be submitted on reproducible Mylar or vellum as a condition of Final Acceptance. 12.1. Project Manager Shall maintain on the job site at all times one copy of: 12.1.1. Specifications 12.1.2. All Addenda 12.1.3. Change orders and field orders 12.1.4. Field test reports and submittal reports 12.1.5. Correspondence 12.2. Submittals: 12.2.1. At project completion, deliver record documents to the CITY or the CITY'S Representative. Place all letter -sized materials in a three -ring binder neatly indexed. Bind related drawings in rolls of convenient sizes for ease of handling. 12.2.2. Accompany the submittal with a transmittal letter in duplicate containing: Date, Project title, CONTRACTOR'S name and address, Certification that each document as submitted is complete and accurate, Signature of CONTRACTOR on transmittal. 13. QUALMLASSIBAN_CLAIIIRWARatiEla 13.1. Underground work shall be inspected and approved by The City or THE CITY'S Representative for correctness and completeness before backflling. Failure of the CONTRACTOR to notify The City or THE CITY'S Representative of the progress of the work may result in the CONTRACTOR having to excavate work for inspection. 13.2. If non specified product(s) are found to be apart of the construction. The City's Representative will require the Contractor to immediately remove them and replace them with the specified part as called for in this document All associated costs shall be paid by the Contractor. 13.3. Verify all finish grades within the work area in order to ensure the proper soil coverage (as specified) of the sprinkler system pipes. 13.4. The contractor shall warranty installed materials/equipment against defects in materials/equipment and workmanship from their respective manufacturers a period of one year after the system is accepted by THE CITY. As a part of the one year warranty, the contractor shall immediately repair or replace without cost to The City all material and equipment found to be defective due to faulty material or workmanship. The Contractor will order and replace the warranty item at not cost to The City. 14. DAMAGE TO PROPERTY 14.1. Repair or replace any property damage inflicted in the course of the construction without additional charge and before final payment. Included are damages to building, paving, structures, equipment, piping, pipe covering, utilities, sewers, walls, signs, fencing, sidewalks and landscaping. 14.2. The Landscape installer is responsible for damage to the system or property caused by others if it is determined to be a result of neglect of professional duty by the CONTRACTOR. Landscape Hardscape PART 1 - GENERAL 1.0 A. Scope: Furnish all materials, tools, equipment and labor necessary for the installation of all hardscape materials and accessories shown on applicable Drawings in accordance with all requirements specified herein. Contractor shall provide and pay for all City required traffic/ pedestrian control devices. B. The work of this section includes but is not limited to the following: 3.0 Materials: 1. Materials 2. Procedures 3. 30 Day Maintenance 4. Warranty 3.1. Hardscape materials: PART 111 2.0 Inspection Notification: Notify Owner's representative 24 hours in advance of site inspections for: 1) Hardscape materials, 2) Layout configuration of hardscape; 3) substantial and fmal completion inspections. 2.1. ) .sting Conditions: Contractor shall verify existing and proposed locations of E ll site utilities (including gas, electric, sanitary and storm sewers, water and telephone,) prior to any trenching or laying of pipe, and be solely responsible for the repair and/or cost to repair utilities to prior condition. 2.1.1 Contractor shall coordinate Landscape work with that of all other sitework trades and contractors, as applicable. 3.1.1 General Description: Hardscape materials shall include form materials, masonry materials, reinforcement materials, connection materials, of all descriptions required to be furnished for the project in accordance with the hardscape schedules. 3.1.1.1 Board form wood shall be construction grade lumber free from defects. Form lumber shall be straight, clean, undamaged. Re use of form lumber is permitted only if wood remains straight, clean and undamaged. 3.1.1.2 Curving form wood shall be 1/8" masonite or approved altemate. 3.1.1.3 Expansion Joints shall be %z "x 2 cedar wood or approved altemate. Form oil shall be commercial quality form oil which will permit the ready release of the forms and will not discolor the concrete. 3.1.1.4 Concrete shall be 28 day 3000 PSI Readymix concrete or site mixed concrete. Sack concrete is not acceptable. 3.1.1.5 Reinforcing Steel Rod— Welded wire mesh - 6x6 1.4x1.4 welded wire mesh. Steel bars 12" #3 smooth steel rod. 3.1.1.6 Reinforcing Steel Connecting Rod— "L" shaped #3 rebar extending 16" above slab with 12" connected to wire mesh contained within concrete. 3.1.1.7 Mortar — White mortar— S Type Mortar shall consist of 1 part white masonry cement, 3 parts sand by volume. Mortar, which has been mixed longer than 30 minutes or which has developed its initial set, shall not be used. Sand shall be free of deleterious or organic matter. Mixing water shall conform to the requirements of item. 3.1.1.8 C.M.0 — 16"X16"x8" double core blocks. 3.1.1.9 Patio Flagstone - Shall be locally available limestone with a random flag pattern. or equal to patio stone from Cooper Stone 3788, W. FM 487, Jarrell, Texas 76537. Phone 1 -800- 325 -2990. The stone shall be sound, durable limestone, free from structural defects, uniform in color and texture, and shall be clean of earth, clay, oil or other foreign substances. 3.1.1.10 Native Chop Stone Header - Shall be locally available limestone with a chop stone pattern or equal to patio stone from Cooper Stone 3788, W. FM 487, Jarrell, Texas 76537. Phone 1 -800- 325 -2990. The stone shall be sound, durable limestone, free from structural defects, uniform in color and texture, and shall be clean of earth, clay, oil or other foreign substances. 3.1.1.11 Water — Only clean potable water shall be used in mixing masonry. 3.1.1.12 Preformed Bench Cap and Seat — Color to be determined, concrete texture with light sandblast finish. 3.1.1.13 Boulders - Landscape boulders shall be limestone, granite, or other native rock material as shown on the plans, the plans. Boulders shall be dense, sound and natural in form, and approved by the Landscape Architect, furnished in the approximate dimensioned sizes as shown on plans and details. 3.3 Submittals: Submit following material samples along with label from the manufacturer's package (if applicable), to the Owners Rep. For approval prior to construction: 1. Mortar samples 2. Stone samples 3. Pre - formed bench cap and seat color, material and texture These samples, if approved by the Landscape Architect, shall be used as the standard by which other materials shall be judged. Any bulk material that, in the judgement of the Landscape Architect, is below the quality of the approved samples may be tested in accordance with the specifications set forth herein. Rejected material shall be removed from the site at Contractor's expense. Payment for testing will be the Contractor's responsibility. 3.4 Delivery. Storage & Handling; 3.3.1 The Contractor shall coordinate all delivery and installation activities with General Contractor. 4.0 Procedures. 3.3.2 Deliver materials in original, unopened and undamaged containers showing weight, analysis and name of manufacturer. Store in manner to prevent wetting and deterioration. 4.1 Hardscape Operations: 4.1.1 Quality: Hardscape material and construction shall be of professional quality utilizing skilled laborers with working knowledge of construction methods. Provide only sound, sturdy and safe construction free from defects. Construction should follow the plans and enclosed specifications. All hardscape shall be done when weather and ground conditions are suitable. When conditions are such, by reason of drought, high winds, excessive moisture, frozen ground, or other unsuitable factors, that satisfactory results ate not likely to be obtained, work shall be halted. It shall not be resumed until desired results can be obtained or alternative or corrective measures and procedures can be used. Credit for lost work days will be applied to balance of work days. 4.1.2 All proper precautions so as not to disturb or damage permanent subsurface improvements shall be observed. It shall be the Contractor's responsibility to locate all underground utilities and systems that might possibly be encountered. If underground obstructions should be encountered in the excavation of hardscape trenches and holes, alternate locations may be selected; verify locations with owner. 4.1.3 The Contractor shall at all times take adequate precautions to protect the existing improvements during the course of the project. Any damage incurred shall be corrected to original condition at his expense. 4.1.4 The Contractor shall be responsible for verifying all dimensions incidental to this work and shall promptly report any discrepancies to the Landscape Architect. 4.1.5 Soil compaction shall be at 95% for all items requiring compaction as shown on the plans and details. 4.2 J-lardscape Preparations: 4.2.1 Existing Condi Contractor shall examine the proposed hardscape areas and conditions of installation prior to construction. He shall not start hardscape work until unsatisfactory conditions are corrected. 4.2.1 Layout and Forms: The Contractor is responsible for building all slabs and walks to proper grade. Walkways shall have an even cross slope not to exceed 2% with a downhill slope not to exceed 4.5% slope. Slabs shall have a downhill slope at 1% to 2% slope. Unused excavated topsoil, must be removed from site at contractors expense. Landscape Architect shall inspect all forms for proper construction prior to pouring. If changes are necessary Contractor shall correct until acceptance is given by Landscape Architect. 4.2.2 Locations- Location for hardscape areas shall be clearly marked on the ground in conformance with the drawings. The Landscape Architect shall review and approve layout prior to beginning form construction. 4.2.3 Workmanship: Stone masonry must be set by competent, experienced masons. Each stone shall be cleaned, sponged, and drenched with clean water just before setting. Each stone shall be set in a full bed of plastic mortar. 4.3 gardscape Construction; 4.3.1 General Description - Hardscape materials shall include form materials, masonry materials, reinforcement materials, connection materials, of all descriptions required to be fumished for the project in accordance with the drawings and details. 4.3.2 Expansion Joints — Place every 6' for concrete walk. And in a crossing pattern over the concrete bench slab. See drawing detail. 4.3.3 Concrete — Pour concrete only when weather permits. Poured areas shall be quickly leveled and worked to desired texture and depth. Remove air pockets from poured mix. Poured concrete must be completely worked within 15 minutes of pouring. Construction should be as outlined in construction details. For walk and slab subsurface shall be compacted.to 95% prior to laying sand base. 4.3.4 Welded Wire Mesh — Welded wire mesh shall be 2" above the sand base. Wire mesh shall not be allowed to sag during pour. Areas that contain sagging wire mesh will be removed and repaired correctly at contractor expense. Construction should be as outlined in construction details. 4.3.5 Reinforcing Steel Connecting Rod — Rebar extending 16" above slab with 12" connected to wire mesh contained within concrete. Tie off bar to welded wire mesh using metal wiring. Spacing of rebar shall be spaced in such a way that the core of the CMU blocks lineup radial with the exposed rods. 4.3.6 Mortar — Mortar shall be mixed onsite. Mortar that has begun to set up shall be discarded. The mortar shall be well driven into the joints and finished with an approved pointing tool. The wall shall be kept wet while the pointing is being done. After the pointing is completed and the mortar set, all showing surfaces shall be cleaned of loose mortar and cement stains. 4.3.7 C.M.0 — 16"X16"x8" double core concrete masonry unit block. Shall be laid out in a radial pattem to the center of the bench slab according to drawing details. Core holes of blocks shall be placed over exposed rebar that is part of slab pour. CMU blocks shall be adhered to the slab and each other using EZ bond adhesive, Sika concrete adhesive epoxy or Sika concrete adhesive by M.D. or equal. Once the courses are stable fill core holes with 28 day 3000 psi concrete. Fill core holes to one half the top coarse. Prior to cladding bench with stone cover entire front sides and back with stucco mesh or equal. Stucco mesh shall be uniform and shall provide an even curving surface. Attach Stucco mesh to CMU blocks using one bolts and washer per CMU block. 4.3.8 Patio Flagstone — 4.3.8.1 Horizontally laid stone shall be laid over a mortar base. Stones shall be laid in such a way that a uniform surface is established and proper slopes are achieve as outlined in the design. Mortar gaps between stones shall be no larger than 2" and no less than % ". Abutting stones shall have no more than '' /" of elevation difference. 5 Clean Up: 4.3.8.2 Vertically clad stone shall be laid over mortar base that shall be applied directly over stucco mesh. Stone shall allow for a smooth curving finish. Gaps between stones shall be no larger than 2 " and no less than' ". 4.3.9 Native Chop Stone Header - Horizontally laid stone shall be laid over a concrete base that is reinforced with 6x6 1.4x1.4 wire mesh. Stones shall be laid in such a way that a level surface is established for each stone. Mortar gaps between stones shall be no larger than 1 V" and no less than 3:". See drawing details. 4.3.10 Water — Use garden hoses, buckets or other clean methods. 4.3.11 Preformed Bench Cap and Seat — Prior to adhering cap or seat to CMU blocks confirm proper fit. Adhere cap and seat to CMU using EZ bond adhesive, Sika concrete adhesive epoxy or Sika concrete adhesive by M.D. or equal. 4.3.12 Boulders - Landscape boulders shall placed in with a minimum of 36 " between boulders. Prior to burying boulder location must be approved by the Landscape Architect bury 1/3 of boulder as shown in detail. Boulders must be buried prior to landscaping operations. During work, keep the premises neat and orderly, including organization of storage areas. Sweep road pavements thoroughly at the end of each day. Remove trash from the site daily as work progresses, including debris, and waste material generated from masonry.. Keep walks and parking areas clean of soil and landscape debris by sweeping or hosing. 6. Inspections: Progress inspections will be made at regular intervals during the execution of work on the project. The contractor shall maintain hardscape areas until fmal inspections and acceptance of the project. A substantial completion inspection shall be made at the request of the Contractor. Hardscape areas will be reviewed for acceptance provided all requirements have been complied with and hardscape materials are constructed in accordance with plans, specifications and details. 7. $ ardscape Guarantee And Replacement: Guarantee; Hardscape shall be guaranteed for 12 months from the date of acceptance. Replacement: At the end of the guarantee period, inspection will be made by the owner upon written notice requesting such inspection submitted by the Contractor at least ten days before the anticipated date. Repair of hardscape shall be accomplished as soon as conditions permit. Contractor shall Guarantee all repaired hardscape for 12 months after date of correction. Guarantee shall not include damage of hardscape, caused by flood, freezing rain, hail lightning storms, winds over 100 m.p.h.. or, acts of vandalism or negligence on the part of owner. Contractor is encouraged to monitor hardscape material during guarantee period. 8. Maitepance: Maintenance shall begin immediately upon the commencement of construction. Contractor shall provide and pay for maintenance. Hardscape material shall be protected and maintained until construction of the hardscape is complete. Maintenance shall include cleaning, sweeping, repairing, patching, removal and replacement, resetting, and other necessary operations. The 30 -day maintenance period for all hardscape shall begin following the completion of the substantial completion punch list items. Contractor shall provide and pay for maintenance. Final inspection shall follow the 30 -day maintenance period. Final payment (retainage) will be released upon completion of punchlist items addressed during the final inspection. Completion of the final inspection punchlist items ends the 30 day maintenance period and begins the one year warranty. 6 Warranty And Inspection• PART IV WARRANTY and INSPECTION 6.2 Substantial Completion Inspections• The Contractor shall notify the Landscape Architect when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Landscape Architect, the Contractor shall furnish to the Landscape Architect in writing a detailed list of unfinished work. The Landscape Architect 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. Within ten (10) days after the Contractor has given the Landscape Architect written notice that the work has been completed, or substantially completed, the Landscape Architect and The City shall inspect the work and within said time, if the work be found to be completed in accordance with the Contact Documents, the Landscape Architect shall issue to The City and the Contractor his Certificate of Completion, and thereupon it shall be the duty of The City 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. 6.3 Warranty: Constructed and installed items shall be warranted for 12 months from the date of tumover. Completion of the substantial completion inspection punchlist items ends the construction and begins the one -year (365 days) warranty. The contractor shall warranty installed materials/equipment against defects in materials/equipment and workmanship from their respective contractors /manufacturers a period of one year after the hardscape is accepted by OWNER. As a part of the one year warranty, the contractor shall immediately repair or replace without cost to the Owner all material and equipment found to be defective due to faulty material or workmanship. As part of the one -year warranty, the contractor shall make repairs without charge to the Owner. Warranty shall not include damage or loss caused by drought, floods, freezing min, lightning storms, winds over 100 m.p.h., insect infestation or plant diseases manifesting themselves after turnover, winter kill caused by extreme cold and sever winter conditions not typical of project area, acts of vandalism or negligence on the part of The City. Contractor is encouraged to monitor plant material during warranty period. 6.3 Planting Final Inspection• Near the end of the warranty period, inspection shall be made by The City upon written notice requesting such inspection submitted by the Contractor at least ten days before the anticipated expiration date. Any plants required under this contract that are dead or, as determined by The City, are in unhealthy or unsightly condition, and have list their natural shape due to dead branches, or other causes due to the Contractor's negligence, shall be replaced in accordance with drawings and specifications. Replacement planting shall be accomplished immediately. Costs associated with replacement shall be covered by the Contractor. 6.4 Irrigation Final Inspection Near the end of the warranty period, inspection shall be made by The City upon written notice requesting such inspection submitted by the Contractor at least ten days before the anticipated expiration date. Any itmes required under this contract that are broken or, as determined by The City, are in poor condition, and are out of adjustment, shall be replaced or adjusted in accordance with drawings and specifications. Replacement shall be immediately or, as soon as weather conditions permit. Costs associated with replacement shall be covered by the Contractor. 6.5 Hardscape Final Inspection Completion of the final inspection punchlist items ends the 30 day maintenance and begins the one year (365 days) warranty. The contractor shall warranty installed materials/equipment against defects in materials/equipment and workmanship from their respective contractors/manufacturers a period of one year after the hardscape is accepted by OWNER. As a part of the one year warranty, the contractor shall immediately repair or replace without cost to the Owner all material and equipment found to be defective due to faulty material or workmanship. As part of the one year warranty, the contractor shall make repairs without charge to the Owner. 1. MEASUREMENT AND PAYMENT PART V . MEASUREMENT AND PAYMENT Quantities and Measurements: Actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically requested by THE CITY. 1.2. 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. 1.3. 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. 1.4. 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. 1.5. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work ". 1.6. 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 City 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 famishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 1.7. Monthly Payments: On or before the 25t day of each month, the Contractor shall submit to the Landscape Architect a statement showing the total value of the work performed up to and including the 25th day of the 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 Landscape Architect is acceptable. The Landscape Architect shall examine and approve or modify and approve such statement 1.8. The City shall then pay the Contractor after Council Approval the next 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 City 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 The City may - upon written recommendation of the Landscape Architect - pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at The City'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 ". If pay estimates from the Contractor are not received by the Landscape Architect on or before the time specified in this section of the specifications, then the pay estimate will not be processed and will be returned to Contractor. 1.9. Use of Completed Portions: The City 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 Landscape Architect may determine. 1.10. Final Payment: Upon the issuance of the Certificate of Completion, the Landscape Architect shall proceed to make fmal measurements and prepare final statement for the value of all work performed and materials fumished under the terms of the Agreement and shall certify same to The City, who shall pay to the Contractor on or 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 fmal payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. Payments Withheld: The City 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: When the following grounds are removed or the Contractor provides a Surety Bond satisfactory to the City, which will protect the City in the amount withheld, payment shall be made for amounts withheld because of them. 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 City 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. 1.12. Delayed Payments: Should The City fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then The City 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 City 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 City 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. 1.13. INVOICING: Contractor shall submit one original and one copy of each invoice to the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664 -5299 PLANS 1.0 GENERAL DESCRIPTION PLANS 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 Meadow Lake Park Sidewalk and Grading Project complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 2.0 PLANS The construction drawings listed below form a part of the Contract Documents: plans.doc P -1 ,Sheet Index ,Sheet No. Description 1 Design and Environmental Plan 2 Layout Plan 3 Grading Plan 4 IYrigation Plan 5 Details and Notes ADDENDUM 7.01 ADDENDUM ADDENDUM #1 Date: April 6, 2001 Project Name : Meadow Lake Park — Sidewalk and Grading This Addendum forms a part of contract and clarifies, corrects or modifies original bid documents, dated April 2, 2001. Acknowledge receipt of this addendum is required. Failure to do so will subject bidder to disqualification. Project Manual Revisions 1. Notice to Bidders — The date and time for the bid opening has changed. Incorrect bid time. - April 16 2001 at 3:OOPM. Correct bid time. — April 17"' 2001 at 2:OOPM ADDENDUM #2 Date: April 16, 2001 Project Name : Meadow Lake Park — Sidewalk and Grading This Addendum forms a part of contract and clarifies, corrects or modifies original bid documents, dated April 2, 2001. Acknowledge receipt of this addendum is required. Failure to do so will subject bidder to disqualification. Project Manual Revisions 1. Irrigation specifications addition. 2. Irrigation bubbler assembly addition. 3. Reference to R.J. King shall be ignored. Substitute City of Round Rock in those occasions. 4. All spoils shall be graded on site to meet the City's design intent as determined by the City. 5. Bid Bonds are not required. Landscape Irrigation PART 1 - GENERAL A. Scope: This specification describes a service to professionally construct an irrigation system for Meadow Lake Park owned by the City. Backflow prevention installation(s) is the responsibility of contractor. Only valves (electric and gate) which are designed and manufactured for the use of reclaimed water shall be used. Swing joints shall not be used in construction of the irrigation system. Flex pipe shall be used in the connection between the lateral and the bubbler head. B. The work of this section includes but is not limited to the following: 1. Products 2. Operations 3. 30 Day Maintenance 4. Warranty 2. PRODUCTS 2.1 PIPE AND TUBE 2.1.1 PVC PIPE: All polyvinyl chloride (PVC) pipe shall be continuously and permanently marked with the following information: manufacturer's name, production control number, class of schedule number, type and grade of material and pipe size. 2.1.2 PRESSURE MAINS: 3/4 inch through 4 inch PVC is to be Schedule 200 PVC or Class 40 PVC. PVC must be manufactured in accordance with ASTM D 2241 and ASTM D 1784. Tubing or piping exposed to sunlight is to be Brownline UVR/PVC or approved equal. 2.1.3 LATERALS: Class 200 PVC with integral solvent weld bell end, solvent weld coupling. 2.1.4 UV RESISTANT PIPING: Brownline UVR/PVC. 2.1.5 THREADED NIPPLES AND RISERS: Schedule 80 PVC, 6" minimum length 2.1.6 PVC CEMENT: as recommended by the manufacturer. 2.1.7 BURIED SLEEVES: 2 inch and smaller. schedule 200 PVC. Larger than 2 inches: Class 40 PVC. 2.1.8 CONDUIT schedule 200 PVC. 2.1.9 GATE VALVES: Only brass valves that are suitable for dirty water applications are to be used. Gate Valves, as manufactured by Nibco, Matco - Norca, or approved equal. 2.1.10 VALVE BOXES: Plastic Box with locking lid. AMETEK, Brooks, Carson, Hefco, DFW Plastics or approved equal. Rectangular for remote control valves and back flow. Round for gate valves. 2.1.11 CLAMPS: Stainless steel screw clamps sized to fit purpose. 2.1.12 CONTROL WIRE: Specifically designed for direct burial use, Type OF with copper conductor, size as necessary to provide for valve and solenoid performance. Use white jacket for common and different color -coded wires (as available) for individual control lines. Size of conductor shall meet requirements of installation instructions of manufacturer of valves and controllers. 2.1.13 WIRE CONNECTORS: Spears Dry - Splice, Penlite, King Technology, Model King -6 or equal. 2.1.14 THRUST BLOCKS: 2,500 -psi/ 28 -day concrete. Quickcrete concrete mix or equal. 2.1.15 PVC FITTINGS: Use molded PVC fittings of the same material and pressure rating or schedule as the adjoining PVC pipe. Use fittings suitable for solvent weld, slip joint ring connections or screwed connections as required to properly join PVC pipe. All fittings not shown on details or plans but are necessary in the proper function of the irrigation system will be apart of the bid and contract. 3.0 OPF.RATIONS 2.1.16 SWING JOINTS: 12 inch PVC double swing joints with appropriately sized openings shall be manufactured by Lasco, KBI, or approved equal. 2.1.17 REMOTE CONTROLL VALVES: Automatic remote control valves shall be manufactured for dirty water use and shall be Hunter HBV series, Weathermatic 8000, Buckner VB series, or approved equal. 2.1.18 OTHER VALVES: Quick coupling valves: one inch 470 series by Toro, Hunter HV- 144 -RL (using 1-IK -100 key), Buckner Bronze 25000 series, or approved equal. Provide one key per quick coupler. 2.1.19 AUTOMATIC CONTROLLER: Irritrol, Rainbird, Weathermatic, Hunter or approved equal. Size as needed to accommodate all required stations plus at least two open stations. Controller shall run on a 24 -hour clock with a seven -day calendar. All stations shall be able to run continuously for 30 to 45 minutes. 2.1.20 BACKFLOW PREVENTION DEVICE: Flowmatic or Zum/Wilkins brand or approved equal size as necessary to minimize psi loss. 2.1.21 GRAVEL: The gravel is to be % inch to 3'. inch in diameter, clean washed and without the presence of foreign materials. 2.1.22 FLOOD BUBBLERS: Hunter PCB -50 or Rainbird 1300a - series full circle adjustable bubbler or equal 2.1.23 FLEX TUBING: Schedule 40 flexible tubing. 3.1 INSTALLATION 3.1.1 WATER SUPPLY: designer / installer /contractor is to get a written statement of water pressure from the City of Round Rock prior to beginning design. Contractor is to verify water pressure prior to beginning construction. Contractor can call public works to speak with Ronnie Jean. The number is 218 -5577. Contractor shall connect to the existing water loop within the park. 3.1.2 STANDARD INSTALLATION: The designer / installer /contractor shall perform all work and provide material in accordance with the local codes and ordinances in force at the job site. 3.1.3 UTILITIES: The designer / installer /contractor is responsible for locating all underground utilities, noting them on the design, and avoiding them during construction. The city assumes no responsibility for damage to utilities. 3.2 EXCAVATION 3.2.1 TRENCHES: Provide trenches of sufficient depth to provide a minimum cover above the top of the pipe as follows. Over Main Lines: 18 inches, Over Lateral Lines: 15 inches Dig trenches no wider or deeper than is necessary to lay pipe, provide free working space around work installed, and provide ample room for backfilling and compacting. Compact trench bottoms to provide a uniform bearing surface the full length of the line. Backfill and hand tamp any over - excavation prior to installing the pipe. Keep trenches free of debris that would damage pipe such as rocks, roots and dirt clods. Clearly and visibly, flag all open trenches, holes, and depressions until adequately filled or repaired. Rather than cut roots larger than 3 inches, work piping around them. Hand trench in trench areas under the dripline of existing trees. All cuts to existing roots shall be smoothly made using a clean saw. When needed, incorporate all trench safety requirements for trenches over 4 feet in depth. 3.1.1 VALVE TRENCH: Dig valve trenches to the size necessary to provide free working space. Excavate to the depth necessary to contain the valve box, valve and six inches of gravel below the bottom of valve or backflow preventor. Compact trench bottoms to provide a uniform bearing surface the full length of the line. Top surface of valve box is to be level with immediate surrounding soil or surface. 33 JIFF FITTING AND ASSEMBLY 33.1 Clearances: Maintain the following clearances between lines. Shared trenches are unacceptable for mainlines and laterals with out proper clearances. 33.2 Pipe 2 inches and smaller. 4 inches. 3.3.3 Other Services: 12 inches minimum. 3.3.4 Maintain minimum 2 -inch vertical clearance between lines that cross. 33.5 The designer shall avoid 90 degreed turns in the mainline and will install two 45- degree turns separated by at least five feet instead. Each head shall have a minimum pressure of 60 psi at base. 3.4 PIPING CONSTRUCTION:. 3.6 VALVES 3.4.1 GENERAL: The Installer is responsible for being familiar with any and all trade methods of assemblage, joining and installation of various types of pipe to be used. Adhere in strict accordance with the manufacturer's recommendation. 3.4.2 POLYVINYL CHLORIDE (PVC) PIPE: Exercise care in handling, loading, unloading and storing plastic pipefittings. Snake pipe in trench from side to side to allow for expansion and contraction of it Do not lay pipe when there is water in trench or when temperature is 32 °F or lower. Make all changes in direction of pipe with fittings, bending pipe is unacceptable. 3.43 SOLVENT JOINTS: Make sure pipe is cut square and all connecting surfaces are properly clean and dry. Apply an even coat of solvent to the outside of the fitting. Insert the pipe quickly into the fitting and turn pipe approximately'' /. tam to distribute the solvent and remove air bubbles. Hold the joint for approximately 15 seconds so the fitting does not push off the pipe. Using a clean rag, wipe off all excessive solvent to prevent weakening at joint. Exercise care in going to the next joint so that the pipe is not twisted, thereby distributing the last completed joint. Allow at least 15 minutes set -up time for each solvent welded joint before moving. 3.4.4 THRUST BLOCKS: One cubic foot of redi -mix concrete or minimum one cubic foot or thrust block. 3.4.5 SWING JOINTS: All quick coupler valves and irrigation heads shall receive one double swing joint assemblies. The assembly shall not exceed a 45 - degree angle from the lateral pipe. 3S CONTROL. WIRTN . 3.5.1 WIRING Lay wiring from the remote control valves to the controller along the supply mains whenever possible. Install wire with slack to allow for thermal expansion and contraction. Splice wire with mechanical connectors encased in a self -curing epoxy resin, which provides a permanent watertight connection. All wiring under pavement shall be installed in PVC sleeves. When adequate room exists, it may be installed in sleeves also carrying main lines or laterals. 3.6.1 ELECTRIC AND GATE VALVES: Install valves (Gate and Electric) in a plumb position with sufficient clearance for service and operation. Install remote control valves plumb to within 1/8 of an inch. Size as necessary to minimize PSI loss through valve or match connecting mainline or lateral pipe size. Install valves so that the top of the valve assembly is no more than 12 inches below the top of the valve box. Adjust normal installation in accordance with standard practices as needed. Size box to allow for total containment of the valve within the box and for 6" of gravel base. Top of valve should be no less than 12" below bottom of lid. Provide and place gravel to a depth of 6 inches beneath each valve and contained within valve boxes. Install manual, electric and gate 3.7 MISC. valves in adequately sized valve boxes. Valve box lids are to be installed flush with proposed grades and level. 3.6.2 BACKFLOW PREVENTION DEVICES: Install the backflow device in an adequately sized valve box separate from the water meter. The valve is to be level, six inches below the lid and placed resting on a six - inch deep gravel bed. Install one double check valve backflow preventor size as necessary to provide less than 4 -psi loss through double check valve when one station is open. 3.6.3 QUICK COUPLING VALVES: Install valves plumb to within 1/8 of an inch. Locate valves as per irrigation drawings or as directed by OWNER or OWNER's Representative. Valve shall be contained singley within a round valve box. Top of valve shall be at least 4" below the valve box lid. Prior to installing irrigation heads, the contractor is to flush laterals and mains to remove rocks, dirt and debris. 3.7.1 SLEEVES: Provide new sleeves for all locations where new sleeves are needed as directed by OWNER or OWNER'S representative and as shown on the plans. 'Install new sleeves prior to pavement or wall installations. 3.7.2 ASHPALT /CONCRETE CUTTING AND PATCHING: Asphalt cuts to create trenches for placement of sleeves shall have width of at least 2 inches wider than outside dimension of sleeve pipe. Sleeving shall backfield with washed, fill sand at a depth sufficient to permit specified asphalt patching to occur. The thickness of asphalt patching shall be 2 inches below which shall be placed poured concrete having a thickness of 3 inches. 3.8 INSPECTION, TESTING: 3.8.1 GENERAL: Do not enclose or cover any work until it has been inspected tested and approved. 3.8.2 Hydrostatic Plping Test: In the presence of the OWNER or OWNER'S Representative, hydrostatically test the main line to 100 PSI before backfilling. Test period shall not be less than (1) hour and will be witnessed by OWNERS REPRESENTATIVE. Test is acceptable if no leakage occurs during test period or as determined by OWNERS REPRESENTATIVE. Repair all leaks and retest system for another hour period if necessary. Continue this procedure until leaks are repaired. 3.8.3 Operation Test: After sprinkler heads are installed, test the system for coverage in the presence of the OWNER or OWNER'S Representative. Test is acceptable if system operates satisfactorily, with uniform coverage in all irrigated areas. Make minor modifications to the system without charge. Such modifications shall include adjustment of spray d resetting height of heads, change -out of arc and radii nozzles, and minor head relocations (less than 12 inches in any d to avoid obstructions, change -our of pip - up heights and installation of risers when necessary to avoid plant blocking. 3.9 CLEANUP& BACKFILL: 3.9.1 GENERAL: Maintain a clean work area at all times during the progress of the work within reasonable limits of the installation area. At the end of the workday, immediately remove all rubbish, debris, etc., from work site and dispose of offproperty. Upon completion of the work, remove all construction and installation equipment from the premises. Backfill irrigation trenches with soil that has been stockpiled from the excavation. Remove excess roots, rubbish and rocks or stone. Backfill enough soil to accommodate settling and allow a level surface with surrounding soil level. Immediately replace and thoroughly hand water any plant material and ground cover, which may be displaced during installation. 0 0 0 LE INr o tan 0 00 0 0 0 2" MIN O ADJUSTABLE FULL CIRCLE BUBBLER. Sae Drawings PLANT MATERIAL FINISH GRADE UV RADIATION RESISTANT I/2 INCH PVC SCI BO NIPPLE (LENGTH AS REQUIRED) 0 I/2 -INCH FEMALE NPT x 0.490 -INCH BARB ELBOW: RAIN BIRD MODEL SBFE -050 O6 SWING PIPE 36 -INCH LENGTH RAIN BIR6 MODEL SP -IOO . O PVC LATERAL FIRE O I/2 -INCH MALE NPT PVC SCH 40 TEE OR ELL (A) 'BUBBLER