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R-01-11-20-13E2 - 11/20/2001RESOLUTION NO. R- 01- 11- 20 -13E2 WHEREAS, the City of Round Rock has duly advertised for bids for the Round Rock West Drive Sidewalk Improvements Project, and WHEREAS, Garcia General Contractors, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Garcia General Contractors, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Garcia General Contractors, Inc. for the Round Rock West Drive Sidewalk Improvements 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. RESOLVED this 20th day of No tuber, 200 d RO: RT A. STLUKA, J , Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secretary :: OOMA\ WORLDOX\ 0: \WWX \RESOLITTI \R1112OE3.WPD /EC a0�,, o13c �� r OF DAN ••IEL LYNN HALDEN 9 1 1 u 63225 ••� � ®O F c�r \ �l� k • r ▪ BID TABULATION THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas. 78664 (512) 218-5555 BY : Ruth Haberman DATE : 10/30/01 SHEET Iof3 CONTRACT : ROUND WEST DRIVE SIDEWALK IMPROVEMENTS LOCATION : City Council Chambers DATE: 10/30/01, 2:00 p.m. ITEM 1 Four inch thick concrete sidewalk 2 Sidewalk pedestrian ramp 3 Reconstruct existing driveway 4 3" PVC pipe 5 Restoration and Revegetation TOTAL: UNIT SF EA EA LF LF APPROX. QTY. 7,000 3 2 20 1725 Garcia General Contractors, Inc. Bid Bond? Yes UNIT PRICE $3.00 $400.00 $1,200.00 $10.00 $1.50 COST $21,000.00 $1,200.00 $2,400.00 $200.00 $2,587.50 527,387.50 Meyers Construction, Inc. Bid Bond? Yes UNIT PRICE $3.39 $950.00 $1,950.00 $20.00 $1.16 COST $23,730.00 $2,850.00 $3,900.00 $400.00 $2,001.00 532,881.00 Dayco Construction Co. Bid Bond? Yes UNIT PRICE $3.55 $600.00 $1,700.00 $45.00 $1.50 COST $24,850.00 $1,800.00 $3,400.00 $900.00 $2,587.50 $33,537.50 � ,S OF � °I d =� , e Sao..... .�.c 6 DANI: a L LYNN iati THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas • 78664 c 63225 au N2 9 ��S7 �t�CS B (512) 218 -5555 BID TABULATION BY : Ruth Haberman DATE : 10/30/01 SHEET 2of3 CONTRACT : ROUND WEST DRIVE SIDEWALK IMPROVEMENTS LOCATION : City Council Chambers DATE: 10/30/01, 2:00 p.m. ITEM 1 Four inch thick concrete sidewalk 2 Sidewalk pedestrian ramp 3 Reconstruct existing driveway 4 3" PVC pipe 5 Restoration and Revegetation TOTAL: UNIT SF EA EA LF LF APPROX. QTY. 7,000 3 2 20 1725 Austin Bridge & Road, Inc. Bid Bond? Yes UNIT PRICE $3.00 $1,000.00 $2,300.00 $35.00 $4.00 COST $21,000.00 $3,000.00 $4,600.00 $700.00 $6,900.00 $36,200.00 Nelson Lewis, Inc. Bid Bond? Yes UNIT PRICE $4.00 $1,000.00 $2,000.00 $20.00 $1.00 COST $28,000.00 $3,000.00 $4,000.00 $400.00 $1,725.00 137,125.00 H. Deck Construction Co. Bid Bond? Yes UNIT PRICE $4.95 $1,900.00 $2,000.00 $20.00 $1.20 COST $34,650.00 $5,700.00 $4,000.00 $400.00 $2,070.00 $46,820.00 THE CITY OF ROUND ROCK "F._ Ir EI. T,!•r, i,,ainErl PUBLIC WORKS DEPARTMENT' u 6222 s �� 3 p 2008 Enterprise Dr. f �' Round Rock, Texas. 78664 ^' _ ;' ` =� B ID TABULATION (512) 8 -8-555 55 BY : Ruth Haberman Ruth DATE : 01 SHEET 3 of 3 CO VE SIDEWALK CONTRACT : ROUND WEST DRIVE IMPROVEMENTS LOCATION : City Council Chambers Quality Concrete Construction Bond? Yes Bid Bo Bid Bond? Bi Bond? DATE: 10/30/01, 2:00 p.m. ITEM UNIT AP QTY. Q PRICE COST UNIT PRICE COST UNIT PRICE COST inch thick sidewalk SF 7,000 $5.95 $41,650.00 1 Four concrete ramp EA 3 $325.00 $975.00 2 Sidewalk pedestrian driveway EA 2 $2,100.00 $4,200.00 3 Reconstruct existing PVC LF 20 $10.00 $200.00 4 3" pipe Revegetation LF 1725 $1.71 $2,949.75 5 Restoration and TOTAL: $49,974.75 BEGINNING OF PROJECT ISSUE DATE: OCT. 2001 REVISIONS 0 RRW SCALE: 1 " =300' • ' CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT OVERALL SITE MAP w n o \c� i o� . END OF PROJECT / / ' / / / 4/ " x \ ' / 51dewaIks.DWG /• / BY: RSH �}ND 1 11 PDN -1 DATE: November 15, 2001 SUBJECT: City Council Meeting — November 20, 2001 *13.E2. Consider a resolution authorizing the Mayor to execute a contract with Garcia General Contractors, Inc. for the Round Rock West Drive Sidewalk Improvements On October 30, 2001 seven bids were received for this project. Garcia General Contractors, Inc. submitted the lowest and best bid. Staff recommends awarding the contract to Garcia General Contractors, Inc. in the amount of $27,387.50. The City of Round Rock Public Works Department has worked with Garcia General Contractors, Inc. on previous sidewalk projects and believes them to be capable of completing the project. Resource: Jim Nuse, Director of Public Works Ruth Haberman, Chief Design Tech History: The City has received requests from the public for an accessible pathway for the Round Rock West Park on Round Rock West Drive to McNeil Road. Funding: Cost: $27,387.50 Source of funds: Citywide Sidewalk Improvements Program Outside Resources: Garcia General Contractors, Inc. Impact: Provides safe pedestrian access. Benefit: This particular sidewalk project was planned to provide access from the neighborhood to a City park and to businesses in the area. Public Comment: Received requests for pathway. Sponsor: N/A CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS OCTOBER, 2001 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS APPR.VED BY CITY # RNEY R -ol- 13E02 D LYNN HALDEN p r 63225 � 4,SION AL E� `4 tea ., :A PROPOSAL BIDDING SHEET JOB NAME: ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: October, 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 ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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: biddoc.mstlspec BD - BASE BID Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1. 7,000 SF Four inch thick concrete sidewalk, complete in place, per Square Foot, for acP dollars pd ��,��g and o cents. $ $ °g 1 2. 3 EA Sidewalk pedestrian ramp, complete in place, per each, oa for TOO, dollars DO CP and 10 cents. $ $ 1, Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount 3. 2 EA Reconstruct existing driveway, including removal of existing asphalt/concrete, complete in place, per each, for d f �o 0 dollars and .� cents. $ 4. 20 LF 3" PVC pipe, including associated grading, complete in place, per each, for I Q °c dollars /OP 3 dfl and ll�® cents. $ $ °� 5. 1,725 LF Restoration and Revegetation of disturbed areas, complete in place, per Linear Foot, y6 for � . dollars S` J and VP cents. $ 1 $ 95 6x1. TOTAL BASE BID (Items 1 thru 5): $ a.7/ 3 8 STATEMENT OF SEPARATE CHARGES: *Note: This total must equal "Total Base Bid" above. biddoc.mst/spec BD -7 on 10 0). , S D Aa rya oo Materials: All Other Charges: 337 *Total: $ / 35 . If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within forty-five (45) calendar days after the date of the written Notice -to- Proceed. 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. ectfully Submitted, .1.,44 tArtici 6 1 c t iCt, (.0J2 CO h 5t. Print Name .pre Title � Q ( t r r i a (p .0 V \ a ' 3 1- Name of Finn !6 • -o Date biddoc.msUspec � /Uf I 0.4.A-44 retary, if Contrac or is a • orporation BD -8 ,3 315 mi L 5 7` 33/$ Luvy e 5 7 ' Address 72 - 232— 24 Telephone BID BOND Farmington Casualty Company One Tower Square 3PB, Hartford, CT 06183 KNOW ALL MEN BY THESE PRESENTS, That we, Garcia General Contractors, Inc., as Principal, hereinafter called the Principal, and Farmington Casualty Company of One Tower Square 3PB, Hartford, CT 06183, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock, as Obligee, hereinafter called the Obligee, in the sum of 5% of Greatest Amount Bid Dollars ($5% of the Greatest Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Sidewalk Improvements. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of October 2001 Witness Prin S- 1869 -G (08 -99) Garcia General Contractors, Inc. By: Juan arcia, TON CASU FARMIN TY COMPANY I By: veil Steven Dobson, Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. ti 01-00 standard) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Steven W. Dobson, Jacqueline B. Dobson, of Austin, Texas, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chaimtan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of June 2001. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD CERTIFICATE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By �� f George W. Thompson Senior Vice President On this 29th day of June, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he /she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. coo,ee a_o (2 My commission expires December 31, 2002 Notary Public Carol A. Thompson I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in frill force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 30th day of October , 20 01 By '"75 Kori M. Johanson Assistant Secretary, Bond Travelers,' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and /or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53202, Property Code, effective September 1, 2001 CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS OCTOBER, 2001 PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 3.0 Post Bid Documents PBD -1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Plans, Details and Notes PDN -1 The standard sheets specifically identified below have been selected by me or under my responsible supervision as being applicable to this project. Page Standard PDN -14 TxDot TCP (1 -4)-98 PDN -15 TxDot TCP (2 -1) -98 14•0-:""Q 4"L—^ �� oa T E+ , yOil 4 /01 • A N ,�. ` >,` 63225 /, E° 1;9�� 1.0 NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS (project entails the construction of approximately 7,000 square feet of concrete sidewalk along Round Rock West Drive) will be received until October 30, 2001 at 2:00 p.m, then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed bid ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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 and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 2008 Enterprise Drive, in Round Rock, Texas (512- 218 -5555) beginning October 16 2001 for a non - refundable charge of $20.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: Round Rock Leader: October 15, 2001 October 22, 2001 NOTICE TO BIDDERS NB -1 October 15, 2001 October 22, 2001 2.0 BID DOCUMENTS 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 in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. biddoc.mst/spec BD -1 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. If the total contract price is $25,000.00 or more, 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. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment for the work will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. biddoc.mst/spec BD -2 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. 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. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. biddoc.msUspec BD -3 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.msUspec BD-4 BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly bound unto the CITY OF ROUND ROCK hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS" for which bids are to be opened at the office of the OWNER on October 30 2001. NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the two (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attomey's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of Principal: Surety: By: By: (Seal) (Seal) biddoc.mstlspec BD - JOB NAME: JOB LOCATION: OWNER: City of Round Rock, Texas DATE: October, 2001 Bid Item Quantity 2. PROPOSAL BIDDING SHEET ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS Round Rock, Williamson County, Texas 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 ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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 Item Description Unit Unit and Written Unit Price Price Amount 1. 7,000 SF Four inch thick concrete sidewalk, complete in place, per Square Foot, for a°D dollars Dd 00 and Imo cents. $ $ g kbe biddoc.mst/spec BD - EA Sidewalk pedestrian ramp, complete in place, per each, for Ji1O, dollars DO dd and ate cents. $ 1 }00, $ I _t)i Bid Item Quantity 3. 2 4. 20 Unit EA 5. 1,725 LF TOTAL BASE BID (Items 1 thru 5): for J O c and APIno STATEMENT OF SEPARATE CHARGES: LF 3" PVC pipe, including associated grading, complete in place, per each, Materials: All Other Charges: *Total: *Note: This total must equal "Total Base Bid" above. biddoc.msdspec BD - Item Description Unit and Written Unit Price Price Reconstruct existing driveway, including removal of existing asphalt/concrete, complete in place, per each, for r dollars and ,.u, cents. dollars cents. Restoration and Revegetation of disturbed areas, complete in place, per Linear Foot, 5 for _ dollars and Nan cents. Amount too $ f t7, $ °et`6 $ a7,38Z �5c If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within forty-five (45) calendar days after the date of the written Notice -to- Proceed. 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. ectfully Submitted, CAA-a u ,331 �3 Lu • ature 44r1.14 r e ) t o p co xSt• 33/C ,VLu ►h. e 5 Print Name Address 57 23 frs- Tiitle (cre1a GQ In CO tt `7 Name of Firm /6- -( 1-- 0( Date biddoc.mst/spec BD -8 Telephone retary, if C no trac • orporation isa BID BOND Farmington Casualty Company One Tower Square 3PB, Hartford, CT 06183 KNOW ALL MEN BY THESE PRESENTS, That we, Garcia General Contractors, Inc., as Principal, hereinafter called the Principal, and Farmington Casualty Company, of One Tower Square 3PB, Hartford. CT 06183, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock, as Obligee, hereinafter called the Obligee, in the sum of 5% of Greatest Amount Bid Dollars ($5% of the Greatest Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Sidewalk Improvements. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of October 2001 Witness Prin S- 1 869 -G (08 -99) Garcia General Contractors, Inc. By: Juan arch, FARMINGTON CASU,TY COMPANY By: Steven Dobson, Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Steven W. Dobson, Jacqueline B. Dobson, of Austin, Texas, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognnnnce, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing. Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. n 1 - 00 Standard) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER 01? ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT Travelers' IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and /or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3130 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. 1 PROPOSAL BIDDING SHEET 1 JOB NAME: ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS • JOB LOCATION: Round Rock, Williamson County, Texas I OWNER: City of Round Rock, Texas ' DATE: October, 2001 I 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 ROUND I ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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: 1 BASE BID ' Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price Amount 1. 7,000 SF Four inch thick concrete I sidewalk, complete in place, per Square Foot, ' for dollars and cents. $ $ 1 2. 3 EA Sidewalk pedestrian ramp, complete in place, per each, 1 for dollars and cents. $ $ 1 1 1 ' biddoc.msUspec BD -6 1 Bid Item Ouantitv 3. 2 4. 20 5. 1,725 Item Description Unit Unit and Written Unit Price Price Amount EA STATEMENT OF SEPARATE CHARGES: Reconstruct existing driveway, including removal of existing asphalt/concrete, complete in place, per each, for dollars and cents. $ $ LF 3" PVC pipe, including associated grading, complete in place, per each, LF TOTAL BASE BID (Items 1 thru 5): $ Materials: $ All Other Charges: $ *Total: $ *Note: This total must equal "Total Base Bid" above. biddoc.mst/spec BD-7 for dollars and cents. $ $ Restoration and Revegetation of disturbed areas, complete in place, per Linear Foot, for dollars and cents. $ $ 1 1 1 1 1 1 Signature ' Print Name 1 1 1 1 1 1 1 1 1 1 1 If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within forty -five (45) calendar days after the date of the written Notice -to- Proceed. 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. Respectfully Submitted, Title Name of Firm Date Secretary, if Contractor is a Corporation biddoc.msUspec BD-8 Address Telephone 3.0 POST BID DOCUMENTS THE STATE OF TEXAS pnbid.msyspec master COUNTY OF WILLIAMSON § AGREEMENT S AGREEMENT, made and entered into this Ol D day of , 2001 , by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and ( Contractor) (,Etr G. OUP L Coofradors,'S.ac • of Aw�6; a Texas, County of l rav 5 , 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: ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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 hereto, 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 The City of Round Rock, Public Works 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 ten (10) calendar days after the date written notice to do so has been given to him, and to complete the same within forty - five (45) calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. PBD -1 1 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. ' CITY OF ROUND ROCK, TEXAS (OWNER) (CONTRACTOR) 1 r ' "rt A. S uka, Jr. 1 Mayor 1 ATTEST: 1 einAfthu) cat): City Secretary ' Corporate Seal 1 1 posm+a.msnwx mister PBD -2 1 6 6, Crw n Cm In S`fi ! 64,rd.G, its 0 OS (Typed name) (Title) AIIEST: e cdr e,,LC � ta, S retary, if Contractor is a Corporation or otherwise registered with the Secretary of State 1 t (The following to be executed if the Contractor is a Corporation.) 1, ( .1( ( ),.c_iG, , certify that I am the Secretary of the Corporation named ' as Contractor herein; that 1, a.N £c-'e1 , who signed this Contract on behalf of the Contractor was then P res (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 sco a of its corporate powers. Signed: rQ l C�a /mac �c THE STATE OF TEXAS PERFORMANCE BOND PBD -3 COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Garcia General Contractors, Thcef the City of Austin , of Tr avis , and State of Texas , as Principal, and Farmingt r 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 Twenty -seven Thousand Three Hundred Eighty -seven & 50 /l °dollars ($ 27,387.50 ) 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: ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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. postbidmsth master Bond #103607011 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 4th day of December 20 . Garcia General Contractors, Inc. President Title Address Address 3315 Blumie Street Austin, TX 78745 Resident Agent of Surety: Steven W. Dobson Printed Name 31 Tall Oaks Trail Austin, TX 78737 City, tate & Zi ! ode 4r 11 S i a . posl mtsler PBD -4 Farmington Casualty Company Surety Title Steven W. Dobson Attorney -in -Fact Phil delphia, PA 19102 Bond #103607011 1500 Market Street, West Tager, Ste. 2900 Address THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.mst/spec master PAYMENT BOND PBD -5 Bond #103607011 Znc. KNOW ALL MEN BY THESE PRESENTS: That awrcia General Contractors,, of the City of Austin , County F of . Tra8.s , and State of Texas as Principal, and m any au�orized 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 'twenty - seven Thousand Three Hundred Eighty - seven & 50 /100 Dollars ($ 27,387.50 ) 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 4th day of December , 20 01 , 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: ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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 4th day of December , 20 01 . Garcia General Contractors, Inc. President Title 3315 Blumie Street Address Austin, TX 78745 Resident Agent of Surety: Steven W. Dobson Printed Name 31 Tall Oaks Trail Address Austin, TX 78737 City, tote & Zi Cod Signature posibid.mstIspec master PBD -6 Title Bond #103607011 Farmington Casualty Company Steven W. Dobson Attorney -in -Fact 1500 Market Street, West It, er, Ste. 2900 Address Philadelphia, PA 19102 TRAVELERS CASUALTY AND'SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Steven W. Dobson, Jacqueline B. Dobson, of Austin, Texas, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his /her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the toregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the office of the Secretary_ VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any hond or . undertaking to which it is attached. IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of June 2001, STATE 00 CONNECTICUT }SS. Hartford COUNTY 00 HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 2910 day of June, 2001 before me personally came GEORGE W. THOMPSON to Inc known, who being by inc duly sworn, did depose and say: that he /she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described w and which executed the above instrument; that he /she knows the scats of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he /she executed the said inslnnnent on behalf of the corporations by authority of his /her office under the Standing Resolutions thereof. By Kori M. Johanson Assistant Secretary, Bond My commission expires December 31, 2002 Notary public Carol A. Thompson CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, That the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut, Dated this 4th day of December , 2001. Travelers'~ IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675 -3130 (267) 675 -3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 (800) 252 -3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253 -021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.msUspec master PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of , 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 dollars ($ ) 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: ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PBD -3 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 day of 20 Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbid.mstJspec master PBD -4 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That , of the City of County of , and State of 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 Dollars ($ ) 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: ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS 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. postba.spee master PBD -5 I PAYMENT BOND (continued) I 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, I 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. I IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 20_ I Principal Surety By: By: Title Title Address Address I Resident Agent of Surety: Printed Name Address City, State & Zip Code 1 Signature I 1 postmarnsuspec masWr PBD -6 i CERTIFICATE OF LIABILITY INSURANCE PRODUCER ALONSO CAMARA INSURANCE AGENCY 510 S. CONGRESS STE #100 AUSTIN, TEXAS 78704 COMPANIES AFFORDING COVERAGE AMERICAN EQUITY INS. g PROGRESSIVE INS. Date: 12 /03/2001 INSURED C NORTH AMERICAN SPECIALTY INS. GARCIA CON INC. D THIS IS TO CEK�THAI the __AUSTIN X �d amea ove 7 8ins h Ins � by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER NUMBER DATE DATE ACC183902 04105765 -0 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY STATUTORY LIMITS BWE05O701 09/12/01 09/12/02 EACH ACCIDENT $ 100,000 DISEASE - POLICY LIMIT $ 500,000 DISEASE - EACH EMPLOYEE S 100,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS The City of Round Rock is named as additional insured with respect to all policies except Workers' Com above described policies be cancelled or changed before the expiration date thereof, the issuing compan holder named below. CERTIFICATE HOLDER: poahid.ms/apec master City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land PBD -7 Typed Name: Title: A(;FNT LIMITS 09/12/01 09/12/02 GENERAL AGGREGATE 52,000,000 PRODUCTS - COMP /OP AGG. S1,000,000 PERSONAL & ADV. INJURY S1,000,000 EACH OCCURRENCE S1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Any one person) S 5,000 COMBINED SINGLE LIMIT $ 1 0 0 0 000 09/12/01 0 9/ 1 2/ 0 2 BODILY INJURY (Per person) $ r r BODILY INJURY (Pen accident) S PROPERTY DAMAGE S EACH OCCURRENCE $ AGGREGATE $ LI_•t. • :u::_ SIGNATURE OF AUTH • ' l D ' PRESENTATIVE If nsation and Employers' Liability. Should any of the mail thirty (30) days written notice to the certificate Sealed with our seals and dated this and 4 WARRANTY BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. day of , A.D. nineteen hundred WHEREAS, the said Principal has heretofore entered into a contract with Obligee Dated , 20 construction of: WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of one year from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of one year from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas postbid.mstlspec master ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PBD-8 WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Principal By: Title Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbidmst/spx master Title PBD -9 Surety By: Address 4.0 GENERAL CONDITIONS Contents 1. Defmition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2. Responsibilities of the Engineer and the Contractor 2.01 - Owner- Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry gencond.mst/spec master General Conditions of Agreement GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities (cont'd) 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4. Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.mstlspec master GC -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities 11. Termination 11.01 - Termination by Owner for Cause 11.02 - Termination for Convenience gencond.mst/spec master GC -3 1. Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor General Conditions of Agreement The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - Subcontractor The term "Sub - Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. gencond.mst/spec master GC-4 1 1.05 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent ' by registered mail to the last business address known to him who gives the notice. 1.06 Work The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation ' and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, ' furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1 1.07 Extra Work ' The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by ' the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. t 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) ' hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1 1.10 Substantially Completed ' The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. gencond.mstispec master GC - 2. Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself with the progress of the executed work and to determine if such work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as a representation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies paid on account of the contract price. gencond.mst/spec master GC-6 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English- speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information gencond.mst/spec master GC -7 concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. The Contractor shall be fully and completely liable, at his own expense, for design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not, shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. gencond.mst/spec master GC -8 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in gencond.mst/spec master GC -9 conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished does not meet the specifications for this work. My questioned work may be ordered taken up or removed for re- examination by the Engineer, prior to fmal acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor. Otherwise, the expense thus incurred shall be allowed as Extra Work and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. gencond.mst/spec master GC -10 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment ". Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the Owner makes such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent conceming the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and gencond.mst/spec master GC -11 properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re-doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location at which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by gencond.mst/spee master GC -12 City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govern In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. gencond.mst/spec master GC -13 In the event there is an accident involving injury to any individual on or near the work, the Contractor shall inunediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold hannless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or gencond.mst/spec master GC -14 growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and the Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall indemnify and save the Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance gencond.mst/spec master GC -15 therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give gencond.mst/spec master GC -16 directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. gencond.mstispec master GC -17 3.18 Insurance The Contractor shall cany insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: gencond.msUspec master Certificate of coverage ( "certificate ") - a copy of a certificate of insurance, a certificate of authority to self- insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( "subcontractor" in & 406,096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), for all employees of the Contractor providing services on the project, for the duration of the project. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. ( c) Texas must appear in Item 3A of the Worker's Compensation GC -18 (b) gencond.mstispec master (b) coverage or Item 3C must contain the following: "As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY" The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and no later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project. 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 the project to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44), GC -19 gencond.mst/spec master (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: 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 governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, and/or other civil actions. (g) for all of its employees providing services on the project, for the duration of the project; (1) The Contractor's failure to comply with any of these provisions is a breach of contract GC -20 by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the Liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above - mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work all surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations gencond.mstlspec master GC -21 satisfactory to the Engineer. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. gencond.mst/spec master GC -22 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 gencond.mstispec master GC -23 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer; provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. gencond.mstlspec master GC -24 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as twenty percent (20 %) more than, or twenty percent (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 twenty percent (20 %) of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this agreement, as provided under "Extra Work ". 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the gencond.mstlspec master GC -25 proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. 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 or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. gencond.mst/spec master GC -26 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non- acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the Owner, who shall pay to the Contractor on or before 35th day after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. g) Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. gencond.msdspec master GC -27 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves extra work and entitles him to an increase in the contract price, the Contractor shall make written request to the Engineer for a written field order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written field order and that work involved may result in an increase in the contract price. Any request by the Contractor for a change in contract price shall be made prior to beginning the work covered by the proposed change. gencond.mstlspec master GC -28 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a change order or for which a claim for extra work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (C) If neither Method (A) nor Method (B) is agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen percent (15 %). In the event said extra work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on performance and payment bonds and maintenance bonds, public liability and property damage and workers' compensation, and all other insurance as may be required by any law or ordinance, or directed or agreed to by the Owner. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or the Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100 %), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15 %) of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's camp or field office must be maintained primarily on gencond.mst/spec master Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or GC -29 account of such extra work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction tune, he shall make written request to the Engineer for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to mediation or litigation. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for mediation shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the Contract Documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. gencond.mst/spec master GC -30 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with the Contract Documents, then and in that case, where performance and payment bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with extra work, where credit shall be allowed as provided for under Section 6 herein), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as the Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to the Contractor, and expense so charged shall be deducted and paid by the Owner out of such monies as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this agreement. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract if the same had been completed by the Contractor, then the Contractor and/or his surety shall pay the amount of such excess to the Owner, or (2) The Owner, under competitive bids taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case there is any increase in cost to the Owner under the new contract as compared to gencond.mst/spec master GC -31 what would have been the cost under this contract, such increase shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his surety, whereupon the Contractor and/or his surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. Thereupon, the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices gencond.mstispec master GC - stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has objection to any Subcontractor on such list and does not accept him. Failure of the Owner or the Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the contract amount shall be increased or decreased gencond.mst/spec master GC -33 by the difference in cost occasioned by such change and an appropriate change order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: preserve and protect the rights of the Owner and the Engineer under the contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (1) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (3) (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such subcontract agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. gencond.mst/spec master GC -34 If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any monies to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the contract. When separate contracts are awarded for different portions of the project, "the Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner or initiates an proceeding allowed hereunder on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy gencond.mst/spec master GC -35 it and shall reimburse the Owner for all attorney's fees and court costs or other costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work, except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: all employees on the work and all other persons who may be affected thereby: all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. (1) (2) (3) When the use or storage of explosives or other hazardous materials or equipment is necessary gencond.mst/spec master GC -36 for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall be complied with even though some or all of the blasting is done outside the city limits unless the applicable ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to federal, state, and local laws and ordinances: gencond.mst/spec master 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty-four (24) hours prior to using explosives. A blasting permit must be obtained from the city at least five (5) days prior to use of explosives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and city departments will be notified by the Contractor, on every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City of Round Rock or by consulting firms approved by the city. 8. The Contractor shall maintain accurate records throughout the blasting GC -37 operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the inspector. The Contractor is fully responsible for all claims resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty drawings or specifications or solely to the acts or omissions of the Owner or the Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. 11. Termination 11.01- Termination by Owner for Cause Conditions for termination are as follows: 12. Without prejudice to any other legal or equitable right or remedy which it would otherwise possess hereunder or as a matter of law, City shall be entitled by giving Contractor five (5) days prior written notice to terminate this contract in its entirety at any time: 1. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the subject of an involuntary petition for bankruptcy commenced by its creditors, makes a general assignment for the benefit of creditors or becomes the subject of any other proceeding commenced under any statute or law for the relief of debtors; or 2. If a receiver trustee or liquidator of any of the property or income of Contractor gencond.mst/spec master GC -38 shall be appointed; or 3. If Contractor: 1. Shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; and Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 4. If Contractor: 1. Shall fail for any reason other than the failure by City to make payments called upon when due, and 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 5. If Contractor: 1. Shall commit a substantial default under any of the terms, provisions, conditions, or covenants contained herein; or 2. Shall fail to take such steps to remedy such default within ten (10) days after written notice thereof from City; or 3. In the event of such termination, Contractor shall only be paid its reimbursable costs incurred prior to the effective date of the termination notice and shall not be entitled to receive any further fixed fee payments hereunder and shall be further subject to any claim City may have against Contractor under other provisions of this agreement or as a matter of law, including the refund of any overpayment of reimbursable costs and/or fixed fee. 13. If this Contract is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, City shall be entitled to take possession of and use such equipment and materials as may be on the job site, and to exercise all rights, options, and privileges of Contractor under its subcontracts, purchase orders, or otherwise; and Contractor shall promptly assign such rights, options and privileges to City. If City elects to complete the work itself or by others, pursuant to the foregoing, the City will reimburse City for all costs incurred by City (including, without limitation, applicable, general, and administrative expenses, and field overhead, and the cost of necessary equipment, materials, and field labor) in correcting work by Contractor which fails to meet contract requirements. Nothing contained in the preceeding sections shall require City to pay for any work which is unsatisfactory as determined by the Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Contractor when Contractor is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Contractor is in default, including the right to bring legal action for damages or to force specific performance of this Contract. 11.02 - Termination for Convenience In connection with the work outlined in the Contract, it is agreed and fully understood by Contractor, that City may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause as outlined above, or for the convenience of City, upon gencond.mst/spec master GC -39 fifteen (15) days written notice to Contractor, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Contract shall cease. Contractor shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Contract for work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. After receipt of a notice of termination and acceptance otherwise directed by City, Contractor shall, in good faith, and to the best of his ability, do all things necessary, in the light of such notice and of such request and implementation thereof as City may make to assure the efficient proper closeout of the terminated work (including the protection of City property). Among other things, the Contractor shall, except as otherwise directed or approved by City: 1. Stop the work on the date and to the extent specified in the notice of termination. 2. Place no further orders for subcontracts for services, equipment or materials, except as may be necessary for completion of such portion of the work as is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. 4. Assign to City, in the manner and to the extent directed by it, al right title, and interest of Contractor under the orders or subcontracts so terminated; in which case, City shall have the right to settle or pay any or all claims arising out of such termination of such orders and/or subcontracts. 5. With the approval of City, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts. 6. Deliver to City, all documents, property, plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of the City upon termination of this Contract, in a reasonably organized form, without restriction on future use. Should City subsequently contract with a new contractor for continuation of services under this Project, Contractor shall cooperate in providing information. 7. In the event of such termination, no cost incurred after the effective date of the notice of termination shall be treated as reimbursable costs unless it relates to carrying out the unterminated portion or taking closeout measures. gencond.mstlspec master GC 40 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01-01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents 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. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $125.00 per calendar day. 01 -05 LOCATION spcxwndmsl/specs The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. Water provided by the City that is used during construction shall be metered. 01 -07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02-02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract No additional payment will be made for this item. SC -2 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02-04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 02 -05 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of fmancial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. specona.specs SC -3 02-06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02-07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 02 -08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -09 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as-built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK specomirraVspecs Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for SC-4 use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. SC -5 SECTION 04- WARRANTY BOND A two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 20. A one (1) year Warranty Bond will be required for all other improvements constructed. Warranty Bond shall remain in effect for two (2) years or one (1) year, as applicable, from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. BpCCmld.msUspecs SC -6 SECTION 05- INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial SC -7 General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended SC -8 that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -9 SECTION 06- WAGE RATES General Decision Number TX000043 Superseded General Decision No. TX990043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 02/11/2000 County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 03/26/1998 Rates AIR TOOL OPERATOR 8.08 ASPHALT HEATER OPERATOR 11.00 ASPHALT RAKER 8.00 ASPHALT SHOVELER 7.97 HATCHING PLANT WEIGHER 11.00 CARPENTER 10.80 CONCRETE FINISHER -PAVING 9.57 CONCRETE FINISHER - STRUCTURES 8.83 CONCRETE RUBBER 8.52 ELECTRICIAN 16.25 S -10 Fringes Rates FLAGGER 6.86 FORM BUILDER - STRUCTURES 8.77 FORM LINER - PAVING & CURB 8.00 FORM SETTER- PAVING & CURB 8.68 FORM SETTER - STRUCTURES 8.73 LABORER- COMMON 7.12 LABORER - UTILITY 7.9 MECHANIC 12.15 OILER 11.40 SERVICER 8 PAINTER - STRUCTURES 10.00 PIPE LAYER 8 ASPHALT DISTRIBUTOR OPERATOR 9.70 ASPHALT PAVING MACHINE 9.2 BROOM OR SWEEPER OPERATOR 7.12 BULLDOZER 9.28 CONCRETE CURING MACHINE 7.79 CONCRETE FINISHING MACHINE 11.00 CONCRETE PAVING SAW 9.79 SLIPFORM MACHINE OPERATOR 11.15 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 10.12 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 15.00 FRONT END LOADER 8.86 HOIST - DOUBLE DRUM & LESS 10.81 MDCER 7.12 MIXER - CONCRETE PAVING 11.00 MOTOR GRADER FINE GRADE 12.37 MOTOR GRADER 11.14 PAVEMENT MARKING MACHINE 8.31 PLANER OPERATOR 15.75 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.73 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.33 ROLLER, PNEUMATIC, SELF PROPELLED 7.17 SCRAPERS 8.38 TRACTOR- CRAWLER TYPE 9.40 TRAVELING MIXER 7 TRENCHING MACHINE, HEAVY 9.92 WAGON-DRILL/BORING MACHINE 8.00 spxpd.msUspecs SC -11 Fringes Rates Fringes REINFORCING STEEL SETTER PAVING 14.50 REINFORCING STEEL SETTER STRUCTURES 10.61 STEEL WORKER - STRUCTURAL 11.73 SPREADER BOX OPERATOR 8.55 WORK ZONE BARRICADE 8.29 SIGN INSTALLER 7.97 TRUCK DRIVER -SINGLE AXLE LIGHT 8.32 TRUCK DRIVER -SINGLE AXLE HEAVY 7.954 TRUCK DRIVER - TANDEM AXLE SEMI TRAILER 8.02 TRUCK DRIVER - LOWBOY/FLOAT 10.12 WELDER 11.02 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR - 5.5(a) 1 (ii)) 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 WAGE DETERMINATION APPEALS PROCESS SC -12 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: 4.) All decisions by the Administrative Review Board are final. Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 END OF GENERAL DECISION SC -13 CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER /FLOORING INSTALLER $8.00 $0.00 $0.00 S0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 Fr.FVATORMECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $1056 $0.00 $0.00 $0.00 $10.56 INSULATOR $13.75 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 $0.00 $000 $12.18 LABORER/HELPER $7.48 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 $0.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 $0.00 $0.00* TILE SETTER $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFERJCAULKER $10.64 $0.00 $0.00 $0.00 $10.64 1 ' COUNTY NAME: WILLIAMSON 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 *S0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. (Property of General Services Commission, Based on 1996 Survey resuhs) woondatrlispan PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES SC - 14 Date Printed: April 15,1997 6.0 TECHNICAL SPECIFICATIONS ITEM 1 GENERAL DESCRIPTION 1.01 SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the sidewalk improvements, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. teu6,pec.mstispec.master Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Copies of the City of Austin Standard Specifications governing the major portions of the work are attached at the end of this section for ease of reference. The Contractor shall be aware that said attached specifications may have been modified from their original form for this project. TS -1 ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 BACKWORK 2.02 GRADING techspecmst/spec.mester The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. TS -2 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK tahspec.fs.master The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. TS -3 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS techspec, msVSpec.master The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. A traffic control plan is included in the plans, details and notes section of these documents. No separate pay will be made for traffic control. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS TS -4 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. ITEM 6 MEASUREMENT AND PAYMENT Concrete sidewalks shall be measured by the square foot of visible fmished surface area. Pedestrian ramps shall be measured per each. Restoration and revegetation shall be measured as per item 7 below. Unless stated otherwise in the Contract Documents, it is understood that all payments made are for fmished work and include all labor, tools, materials, appurtenances, constructing, and completing the item on which payment is made. TS -5 ITEM 7 GRADING, RESTORATION, REVEGETATION, AND EROSION CONTROL MEASURES techspx.msUspec.nmst r This item shall govern the furnishing, placing, maintaining and removal of all erosion control measures, site work, restoration work, grading, shaping, seeding and sodding for all disturbed areas and in accordance with the Plans. GRADING, RESTORATION AND REVEGETATION Restoration and revegetation of disturbed areas shall include: removal of all trash, rocks, roots, clods and debris; grading; shaping, spreading of topsoil; hydromulching and seeding, or sodding. All disturbed areas to be revegetated shall be smoothed and shaped to accept a minimum of 4" of topsoil free of rocks and clods. The topsoil shall be brought to within proper elevation below finished grade for areas to be sodded. Disturbed areas shall be revegetated in kind i.e. Bermuda sodding shall be installed abutting Bermuda lawns, St. Augustine sodding abutting St. Augustine lawns, etc. When it is unclear which revegetation species is applicable, the engineer shall determine the type to be used. When called for in the proposal, restoration and revegetation shall be paid for at the unit contract price bid per lump sum or per linear foot, complete in place, in accordance with the plans. Linear footage shall be measured along the length of the new sidewalk, regardless of whether work is on one or two sides. The bid price per lump sum or per linear foot shall include all excavation, materials, shaping, hauling, maintenance, disposal of surplus materials, seeding, mulching, sodding, fertilizing, tree and shrub trimming and preservation, land grading, salvaging and placing of topsoil, and clean up. When directed by the Engineer, the Contractor shall exercise care and caution when excavating and uprooting existing grasses, plants, shrubs, trees, etc., so that such items may be utilized for the restoration and revegetation phase of the project or preserved for the respective property owner so that he may utilize them as he sees fit. Excavation and replanting of existing grasses, plants, shrubs, trees, etc. shall be preformed based upon recommendations of a nursery or other qualified entity or person acceptable to the Engineer. Any recommend trimming or pruning shall also be preformed by the Contractor. No separate payment shall be made for this item and this item is subsidiary to price bid for Restoration and Revegetation of disturbed areas. TS -6 tochspeatostIvalmasbsr EROSION CONTROL Temporary erosion control measures shall include but not be limited to: Silt Fences, Rock Berms, Land Grading and Storm Inlet Sediment Traps. The Contractor is alerted to the fact that bis construction operations may cause undue sedimentation at various locations and erosion of the land in and around the construction area. Such areas of erosion and sedimentation are difficult to predict and are best determined in the field as construction progresses. The Contractor should be aware that such areas of erosion and sedimentation generally include but are not limited to: drainage outlets, steep slopes and in areas where vegetation has been removed. The Contractor shall be prepared to take remedial measures and to install erosion and sedimentation control devices as necessary to correct all adverse erosion and sedimentation. The extent and location of erosion control measures shall be as determined in the field by the Engineer or his designated representative. The Contractor shall be responsible for providing all materials, labor and equipment necessary for the construction of erosion control measures. The Contractor shall maintain all erosion control measures until final acceptance and shall remove them after final acceptance of the project. Mud, dirt, debris, etc. spilled, tracked or otherwise deposited on existing paved streets, drives, driveways or walks shall be immediately cleaned up. Erosion control measures will not be measured and paid for separately. Costs for erosion control measures shall be subsidiary to other items of work. ITEM 8 MAIL BOXES The Contractor shall temporarily relocate all mailboxes that are in conflict with construction activities. Mailboxes that are temporarily relocated shall be erected in an upright position and shall be sufficiently anchored to prevent them from being easily tipped or blown over, lifted or removed. The temporary location of all mailboxes shall be outside the construction area and shall be readily accessible for mail delivery and retrieval. The temporary location of mailboxes and the means and methods of installation shall be subject to the approval of the Engineer. TS -7 techepx.mN,peo.muta As soon as practical during or after construction, all mailboxes temporarily relocated shall be permanently reinstalled. Mailboxes shall be installed in the same respective location that they were in prior to construction, unless otherwise requested by the property owner. However, all mailboxes shall be installed according to postal regulations regardless of the installation prior to construction. The City of Round Rock may allow the various property owners the option of replacing their existing mailboxes. In such cases, the property owner will be responsible for purchasing and providing a new mailbox to the Contractor who will permanently install the new box and will be responsible for discarding the old box. Property owners exercising such option shall provide a new mail box that requires installation, in the opinion of the Engineer, that is similar to that of the mailbox it is intended to replace. Mailboxes damaged by the Contractor shall be repaired or replaced as directed by the Engineer and at the Contractor's sole expense without additional compensation from the Owner. Temporary relocation and installation of existing mail boxes, discarding of old mail boxes (where applicable), and permanent installation of existing or new mail boxes (where applicable), will not be measured and paid for separately. Costs for these items shall be subsidiary to other items of work. TS -8 Page 1 ITEM NO. 432S CONCRETE SIDEWALKS 432S.1 Description This item shall govern the construction of Portland cement concrete sidewalks (General Detail in Plan Section), as herein specified, on an approved subgrade and in conformance with the lines, grades and details indicated on the Drawings or as established by the Engineer or designated representative. This specification is applicable for projects or work involving either inch -pound or SI units. Within the text inch -pound units are given preference followed by SI units shown within parentheses. 432S.2 Materials (1) Portland Cement Concrete Portland cement concrete shall be Class A conforming to Specification Item No. 403/403S, "Concrete for Structures" or Specification Item No. 407/4075, "Fibrous Concrete ". (2) Reinforcement Reinforcement shall conform to Specification Item No. 406/4065, "Reinforcing Steel ". (3) Expansion Joint Materials Expansion joint materials shall conform to Specification Item No. 408/408S, "Expansion Joint Materials ". (4) Membrane Curing Compound Membrane curing compound shall conform to Specification Item No. 409/409S, "Membrane Curing ". 432S.3 Construction Methods The subgrade shall be excavated in accordance with Specification Item No. 111S, "Excavation ", prepared in accordance with Specification Item No. 201/201S, "Subgrade Preparation ", shaped to the lines, grades and cross section as indicated on the Drawings or as directed by the Engineer or designated representative and thoroughly compacted in accordance with Specification Item No. 201/201S. A granular cushion of a minimum thickness of 2 inches (50 mm), composed of crusher screenings, gravel and sand, crushed rock or coarse sand, shall be spread, wetted thoroughly, tamped and leveled. The granular cushion shall be moist at the time the Portland cement concrete is placed. If the subgrade is undercut by more than 4 inches (100 mm) or the elevation of the natural ground is more than 4 inches (100 mm) below "top of subgrade", then a necessary backfill/embankment layer of an approved material shall be placed and compacted with a mechanical tamper. Hand tamping will not be permitted. Where the subgrade is rock or gravel, 70 percent of which is rock; the 2 inch (50 mm) cushion need not be used. The Engineer or designated representative will determine if the subgrade meets the above requirements. Sidewalk forms shall be constructed of metal or well seasoned -wood not less than 2 inches (50 mm) in thickness, with a section satisfactory to the Engineer or designated representative. The forms shall be clean, straight, and free from warp with a depth equal to the thickness of the finished work. All forms shall be securely staked to line and grade and maintained in a true position during the depositing of Portland cement concrete. Before p.c. concrete is placed, the forms shall be thoroughly oiled with a light form oil. Expansion joint material 3/4 inch (19 mm) thick, shall be provided where the new construction abuts an existing structure, sidewalk or driveway. Similar expansion material shall be placed around all obstructions protruding through the sidewalk. The expansion joint material shall be placed vertically and shall extend the full depth of the p.c. concrete. Maximum spacing of expansion joints shall be 40 feet (12 meters) as indicated on the Drawings or as directed by the Engineer or designated representative. Weakened plane joints shall be spaced at 5 feet (1.5 meters) on center. Normal dimensions of the weakened plane joints shall be 1/4 inch wide and 3/4 inch deep (6 mm wide and 19 mm deep). All joints shall be constructed perpendicular (90 degrees) to the centerline of walk and shall match any previously placed concrete joints. Reinforcement for sidewalks shall consist of 1 layer of 6 x 6 - #6 wire fabric or #3 (10M) bars, placed not more than 18 inches (450 mm) on center both directions. All reinforcement shall be placed equidistant from the top and bottom of the p.c. concrete. Care shall be exercised to keep all steel in its proper position during placement of the p.c. concrete. Splices in wire fabric shall overlap sufficiently to allow two pairs of transverse wires to be tied together and no splice of less than 6 inches (150 mm) will be permitted. Splices in the #3 (10M) bars shall have a minimum lap of 12 inches (300 mm). Where driveways cross sidewalks, additional reinforcing shall be placed in the sidewalk as indicated on the Drawings. Portland cement concrete shall be placed in the forms and spaded, tamped and thoroughly consolidated until it entirely covers the surface and has a monolithic fmish. The top surface shall be floated and troweled to a uniform smooth surface; then finished with a broom or wood float to a gritty texture unless otherwise indicated. The outer edges and joints shall be rounded with approved tools to a 1/4 inch (6 mm) radius. Care will be exercised to prevent loss of dummy joints or rounded edges when applying the brush finish. Concrete sidewalk ramps shall have a finished surface with detectable warnings in accordance with the requirements of the American Disabilities Act and Texas Accessibility Standards (TAS), including Sections 4.7.7. and 4.29.2. The sidewalk ramps shall be constructed in accordance Ramp Detail in Plan Section. Detectable warning for the ramps shall consist of raised truncated domes with a diameter of nominal 0.9 inch (23 mm), a height of nominal 0.2 inch (5 mm) and center -to- center spacing of nominal 2.35 inches (60 mm) and shall contrast visually with adjoining surfaces, either light -on -dark, or dark -on- light. The material used to provide contrast shall be an integral part of the walking surface. The finished concrete, while still plastic, shall be stamped with an impression having the Contractor's name, month and year (Standard Detail No 432 - 6/4325 -6). The stamp shall be of approved design and impressions shall be placed at or near street intersections at a distance which does not exceed 350 feet (100 meters) or as directed by the Engineer or designated representative. At the proper time after finishing, the surface shall be protected by a membrane compound curing agent or by wetted cotton or burlap mats, conforming to Item No.409/409S, "Membrane Curing ". The sides of the p.c. concrete shall be cured in the forms. If the forms are removed during the curing process, the curing shall be continued by the placement of fill against the exposed concrete edges or by other procedures conforming to Page 2 concrete shall be cured in the forms. If the forms are removed during the curing process, the curing shall be continued by the placement of fill against the exposed concrete edges or by other procedures conforming to Item No. 410/410S, "Concrete Structures ". The top 4 inches (100 mm) of fill shall be clean topsoil conforming to Item No. 604/604S, "Seeding for Erosion Control ". All necessary excavation, filling and grading of the slopes adjacent to the completed concrete sidewalks will be considered incidental work pertaining to this item and will not be paid for directly. The adjacent excavation and grading of the slopes shall be done in a manner acceptable to the Engineer or designated representative. 432S.4 Measurement Accepted work performed as prescribed by this item will be measured by the square foot (square meter: 1 square meter is equal to 10.764 square feet) of surface area of "Concrete Sidewalk ". Accepted work performed as prescribed by "Sidewalk Ramps" will be measured per each for the type of ramp indicated. 432S.5 Payment The work performed as prescribed by this item will be paid for at the unit bid price per square foot for "Concrete Sidewalk" or per each for "Concrete Sidewalk Ramps ". The unit bid price shall include full compensation for preparing the subgrade; for famishing and placing all materials including cushion material, all reinforcement, joints, expansion joint materials and for any other materials, manipulations, labor, tools, equipment, finishing, curing and incidentals necessary to complete the work. Payment will be made under one of the following: End Sidewalks Pay Item 1: Pay Item 2: am s Pay Item 3: Concrete Sidewalks, 4 Inch - Per Square Foot. Concrete Sidewalks, 5 Inch - Per Square Foot. Sidewalk Curb Ramp with Detectable Warnings Per Each (Pedestrian Ramp) Page 3 601.2 Construction Methods ITEM NO. 601S SALVAGING AND PLACING TOPSOIL 601.1 Description This item shall consist of removing and salvaging clean, friable topsoil consisting of loam, sandy loam or clay loam free of roots and rocks larger than 2 inches and debris and placing where indicated. The existing topsoil shall be removed from the area indicated, stockpiled in a windrow along the right of way or at designated locations or spread over an area that is ready for topsoil application in accordance with the Plans or as directed by the Engineer. Trash, wood, brush, stumps, rocks over 2 inches in size and other objectionable material encountered shall be removed and disposed of as directed by the Engineer prior to beginning of work required by this item. Grass and other herbaceous plant materials may remain. Large clumps shall be broken up. After the grading has been completed to the required alignment, grades and cross - sections and prior to the spreading of the salvaged topsoil, any clay or tight soil surfaces shall be scarified by plowing furrows approximately 4 inches deep along horizontal slope lines at 2 foot vertical intervals. The spreading of the salvaged topsoil shall be undertaken as soon as the grading has been completed. The topsoil shall be spread so as to form a cover of uniform thickness indicated. After the topsoil has been placed and shaped, it shall be sprinlded and rolled to provide a suitable seed bed. 601.3 Measurement and Payment Salvaging and/or placing topsoil materials will not be measured for payment, but shall be considered subsidiary to other items of work. End Page 1 602.1 Description This item shall consist of providing fertilizer and planting Bermuda grass or other acceptable sod indicated, along or across such areas as are indicated and in accordance with specification requirements herein outlined. 602.2 Materials (1) Sod The sod shall consist of live, growing Bermuda Grass or other acceptable sod indicated secured from sources where the soil is fertile. St. Augustine and Bermuda sod shall have a healthy, virile root system of dense, thickly matted roots throughout the soil of the sod for a minimum thickness of 1 inch. The thickness measure does not include grass. The sod shall be cut in rectangular pieces with its shortest side not less than 12 inches. The Contractor shall not use sod from areas where the grass is thinned out nor where the grass roots have been dried out by exposure to the air and sun to such an extent as to damage its ability to grow when transplanted. The sod shall be free from noxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. Unless the area has been closely pastured, it shall be closely mowed and raked to remove all weeds and long standing stems. Sources from which sod is to be secured shall be approved by the Engineer. Care shall be taken at all times to retain the native soil of the roots of the sod during the process of excavating, hauling and planting. Sod material shall be kept moist from the time it is dug until it is planted. When so directed by the Engineer, the sod existing at the source shall be watered to the extent required prior to excavating. (2) Fertilizer Fertilizer and the rate of application shall conform to Item No. 606, "Fertilizer ". ITEM NO. 602S SODDING FOR EROSION CONTROL (3) Mulch Straw mulch shall be oat, wheat or rice straw. Hay mulch may be substituted for straw mulch and shall be Prairie Grass, Bermuda grass or other hay approved by the Engineer. The hay shall be free of Johnson grass or other noxious weeds and foreign materials. It shall be kept in a dry condition and shall not be molded or rotted. (4) Water Water shall be clean and free of industrial wastes and other substances harmful to the growth of sod or to the area irrigated. Pagel 602.3 Planting Season All planting shall be done between April and November except as specifically authorized in writing by the Engineer. 602.4 Construction Methods After the designated areas have been completed to the lines, grade and cross sections indicated on the Drawings, the surface shall be worked to a depth of not less than 4 inches (100 mm) with a disc, tiller or other equipment approved by the Engineer or designated representative. Fertilizer nutrients shall be applied and tilled. Areas that become crusted shall be reworked to an acceptable condition before sodding. Sodding of the type specified shall conform to the requirements of this Specification Item. The Contractor shall give continuous care to the sodded area until the sod is accepted. (1) Placing The sod shall be placed on the prepared surface with the edges in close contact and alternate courses staggered. In ditches the sod shall be placed with the longer dimension perpendicular to the flow of water in the ditch. On slopes, starting at the bottom of the slope, the sod shall be placed with the longer dimension parallel to the contours of the ground. The exposed edges of sod shall be buried flush with the adjacent soil. On slopes exceeding 3:1 or where the sod may be displaced, the sod shall be pegged with not less than 4 stakes or ground staples per square yard (square meter) with at least 1 stake or ground staple for each piece of sod. Pegs shall be of wood lath or similar material, pointed and driven with the flat side against the slope, 6 inches (150 mm) into the ground, leaving approximately 1/2 inch (12.5 mm) of the top above the ground. Ground staples shall not be Tess than 13 inches (330 mm) in length and shall be constructed of No. 11 gage (3 mm) wire that is bent to form a "U" approximately 1 inch (25 mm) in width. (2) Watering Immediately after the area is sodded, it shall be watered with a minimum of 5 gallons of water per square yard (22.5 liters per square meter) and at 10 day intervals as needed and as directed by the Engineer or designated representative. Subsequent to the initial application water shall be applied at a minimum rate of 3 gallons per square yard (13.5 liters per square meter), as required on the Drawings or as directed by the Engineer or designated representative until final acceptance by the City or until the grass uniformly reaches a height of 2 1/2 inches (62.5 mm). Availability of water from Water and Waste Water Utility will be limited as stated under the Water Conservation Standard, City of Austin Land Development Code Chapter 4 -2, Article II, "Emergency and Peak Day Water Use Management ". (3) Finishing Where applicable, the shoulders, slopes and ditches shall be smoothed after planting has been completed and shaped to conform to the desired cross sections shown on the Drawings. Any excess soil from planting operations shall be spread uniformly over adjacent areas or disposed of as directed by the Engineer or designated representative so that the completed surfaces will present a neat appearance. All sodded areas shall be rolled after the initial watering application, when sufficiently dry. Page 2 602.5 Block Sodding At locations indicated on the Drawings or where directed by the Engineer or designated representative, sod blocks shall be carefully placed on the prepared areas. The fertilizer shall then be applied in accordance with the applicable provisions of Item No. 606S, "Fertilizer" and thoroughly watered. When sufficiently dry, the sodded area shall be rolled or tamped to form a thoroughly compacted, solid mat. Any voids left in the block sodding shall be filled with additional sod and tamped. Surfaces of block sod which, in the opinion of the Engineer or designated representative may slide due to the height and slope of the surface or nature of the soil, shall be pegged with wooden pegs driven through the sod blocks into firm earth sufficiently close to hold the block sod firmly in place. Edges along curbs and drives, walkways, etc., shall be carefully trimmed and maintained until the sodding is accepted. 602.6 Mulch Sodding The sod source shall be disked in 2 directions cutting the sod thoroughly to a depth of not less than 4 inches (100 mm). Sod material shall be excavated to a depth of not more than 2 inches (50 mm) below the existing root system, being careful to avoid having soil containing no grass roots. The disked sod may be windrowed or otherwise handled in a manner satisfactory to the Engineer or designated representative. The material shall be rejected if not kept in a moist condition. Prior to placement of mulch sod, the cut slopes shall be scarified by plowing furrows 4 inches (100 mm) to 6 inches (150 mm) deep along horizontal slope lines at 2 foot (600 mm) vertical intervals. Excavated material from the furrows shall not protrude more than 3 inches (75 mm) above the original surface of the cut. Fertilizer shall be distributed uniformly over the area in accordance with the applicable provisions of Item No. 606S, "Fertilizer". The sod shall then be deposited upon the prepared area and spread uniformly to the thickness indicated on the Drawings. Any section that is not true to lines and cross sections shall be remedied by the addition of sod material or by reshaping the material to meet the requirements of "Finishing" [Section 602S.5 (4)]. After the sod material has been spread and shaped, it shall be thoroughly wetted and compacted with a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 602.7 Measurement Work and acceptable material for "Sodding for Erosion Control" shall have a minimum of 95 percent growth with a 2 V2 inch stand of grass. This item wil not be measured but shall be included in bid item for "Restoration and Revegetation of disturbed areas". 602.8 Payment "Bermuda Block Sodding" or "St. Augustine Block Sodding" as the case may be, including all water, rolling, pegging and fertilizer as indicated, will not be paid for separately but shall be subsidiary to bid item "Restoration and Revegetation of disturbed areas ". End Page3 Item No. 604S Seeding for Erosion Control 604S.1 Description This item shall govern the preparation of a seed bed to the lines and grades indicated on the Drawings, sowing of seeds, fertilizing, mulching with straw, cellulose fiber wood chips, recycled paper mulch and other management practices along and across such areas as indicated in the Drawings or as directed by the Engineer or designated representative. This specification is applicable for projects or work involving either inch -pound or SI units. Within the text, inch -pound units are given preference with SI units shown within parentheses. 604S.2 Submittals The submittal requirements for this specification item shall include: A. Identification of the type, source, mixture, PLS and rate of application of the seeding. B. type of mulch. C. type of tacking agent. D. type and rate of application of fertilizer. 60453. Materials A. Seeds. All seed must meet the requirements of the Texas Seed Law including the labeling requirements for showing pure live seed (PLS), name and type of seed. The seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within nine months of the time of delivery to the project. Each variety of seed shall be fumished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer or designated representative. The amount of seed planted per acre (hectare) shall be of the type specified in sections 604S.5 and 604S.6. B. Water. Water shall be clean and free of industrial wastes and other substances harmful to the growth of grass or the area irrigated. C. Top Soil. Top soil shall conform to Standard Specification Item No. 130S, "Borrow ". D. Fertilizer. The fertilizer shall conform to Standard Specification Item No. 606/606S, "Fertilizer ". E. Straw Mulch or Hay Mulch. Straw Mulch shall be oat, wheat or rice straw. Hay mulch shall be prairie grass, Bermuda grass, or other hay approved by the Engineer or designated representative. The straw or hay shall be free of Johnson grass or other noxious weeds and foreign materials. It shall be kept in a dry condition and shall not be molded or rotted. F Tacking Agents. The tacking agent shall be a biodegradable tacking agent, approved by the Engineer or designated representative. Page t G. Cellulose Fiber Mulch (Natural Wood). Cellulose Fiber Mulch shall be natural cellulose fiber mulch produced from grinding clean whole wood chips. The mulch shall be designed for use in conventional mechanical planting, hydraulic planting of seed or hydraulic mulching of grass seed, either alone or with fertilizers and other additives. The mulch shall be such, that when applied, the material shall form a strong, moisture - retaining mat without the need of an asphalt binder. H. Recycled Paper Mulch. Recycled paper mulch shall be specifically manufactured from post - consumer paper and shall contain a minimum of 85% recycled paper content by weight, shall contain no more than 15% moisture and 1.6% ash, and shall contain no growth inhibiting material or weed seeds. The recycled paper mulch shall be mixed with grass seed and fertilizer for hydro-seeding/mulching, erosion control, and a binder over straw mulch. The mulch, when applied, shall form a strong, moisture- retaining mat of a green color without the need of an asphalt binder. 6045.4 Construction Methods A. Preparing Seed Bed. After the designated areas have been rough graded to the lines, grades and typical sections indicated in the Drawings or as provided for in other items of this contract and for any other soil area disturbed by the construction, a suitable seedbed shall be prepared. The seedbed shall consist of a minimum of either 4 inches (100 millimeters) of approved topsoil or 4 inches (100 millimeters) of approved salvaged topsoil, cultivated and rolled sufficiently to reduce the soil to a state of good tilth, when the soil particles on the surface are small enough and lie closely enough together to prevent the seed from being covered too deeply for optimum germination. The optimum depth for seeding shall be 1/4 inch (6 millimeters). Water shall be gently applied as required to prepare the seedbed prior to the planting operation either by broadcast seeding or hydraulic planting. Seeding shall be performed in accordance with the requirements hereinafter described. B. Watering. All watering shall comply with City Ordinances. Broadcast seeded areas shall immediately be watered with a minimum of 5 gallons of water per square yard (22.5 liters of water per square meter) or as needed and in the manner and quantity as directed by the Engineer or designated representative. Hydraulic seeded areas and native grass seeded areas shall be watered commencing after the tackifier has dried with a minimum of 5 gallons of water per square yard (22.5 liters of water per square meter) or as needed to keep the seedbed in a wet condition favorable for the growth of grass. Watering applications shall constantly maintain the seedbed in a wet condition favorable for the growth of grass. Watering shall continue until the grass is uniformly 1 1/2 inches (40 mm) in height and accepted by the Engineer or designated representative. Watering can be postponed immediately after a 1/2 inch (12.5 mm) or greater rainfall on the site but shall be resumed before the soil dries out. 6045.5 Non - Native Seeding A. Method A - Broadcast Seeding. The seed or seed mixture in the quantity specified shall be uniformly distributed over the prepared seed bed areas indicated on the Drawings or where directed by the Engineer or designated representative. If the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles to each other. If mechanical equipment is used, all varieties of seed, as well as fertilizer, may be distributed at the same time, provided that each component is uniformly applied at Page 2 Hulled Bermuda Seed (PLS�.83) Fiber Mulch Soil Tackifier Cellulose Wood 1 Lbs /1000 ft (2.4 kgs/100 m �)) 45.9 Lbs /1000 ft (108.9 kgs/100 m 1.4 Lbs /1000 ft (3.3 kgs/100 m 57.4 Lbs/1000 ft (136.2 kgs/100 m 1.5 Lbs /1000 ft (3.6 kgs/100 m 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 the specified rate. After planting, the planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. Seed Mixture and Rate of Application for Broadcast Seeding: From September 15 to March 1, seeding shall be with a combination of unhulled Bermuda Grass at a rate of 2 pounds per 1000 square feet (4.75 kilograms per 100 square meters) and winter rye at a rate of 7 pounds per 1000 square feet (16.6 kilograms per 100 square meters) that has a PLS (pure live seed or purity x germination) of 0.83. From March 1 to September 15, seeding shall be with hulled Bermuda Grass at a rate of 2 pounds per 1000 square feet (4.75 kilograms per 100 square meters) with a PLS = 0.83. Fertilizer shall be applied and shall conform to Item No. 606S, "Fertilizer ". B. Method B - Hydraulic Planting. The seedbed shall be prepared as specified above and hydraulic planting equipment, which is capable of placing all materials in a single operation, shall be used. March 1 to September 15 Hydraulic planting mixture and minimum rate of application pounds per 1000 square feet (kilograms per 100 square meters): September 15 to March 1 Add 7 pounds per 1000 square feet (16.6 kilograms per 100 square meters) of winter rye with a PLS = 0.83 to above mixture. The fertilizer shall conform to City of Austin Standard Specification Item No. 606S, "Fertilizer ". Page 3 Description Application rates kg/ 100 meter' Lbs /1000 feet 2 Lometa lndiangrass 0.1 0.05 PremierSideoats grama 0.2 0.10 Green spangletop 0.1 0.05 Buffalo Grass 0.2 0.10 Little Bluestem 0.2 0.10 Blue grama grass 0.2 0.10 Total Seeding Rate 1.0 0.50 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 604S.6 Native Grass Seeding The seedbed shall be prepared as specified above. The seed mixture and the rate of application shall be as follows: Species substitution as necessary due to availability shall be approved by the Engineer or designated representative. Watering and fertilizer application shall follow procedures outlined above or as otherwise specified on the Drawings. Seed shall be applied by broadcast or drill method and shall be distributed evenly over the topsoiled areas. Mulching shall immediately follow seed application. 604S.7. Mulch A. Straw Mulch Straw mulch shall be spread uniformly over the area indicated or as designated by the Engineer or designated representative at the rate of 2 to 2 1/2 tons of straw per acre (4.5 to 5.6 megagrams of straw per hectare). The actual rate of application will be designated by the Engineer or designated representative. Straw may be hand or machine placed and adequately secured. B. Fiber Mulch Cellulose and wood fiber mulch shall be spread uniformly over the area indicated or as designated by the Engineer or designated representative at the rate of 45 to 80 lbs. per 1000 square feet (22 to 39 kilograms per 100 square meters). C Recycled Paper Mulch Recycled paper mulch shall be spread over the area indicated on the Drawings or as designated by the Engineer or designated representative at a rate that will provide 100% coverage. D. Shredded Brush Mulch Small brush or tree limbs except Juniper, which have been shredded, may be used for mulching Native Grass seeding. Page 4 604S.8 Measurement Work and acceptable material for "Seeding for Erosion Control" will be a minimum of 95 percent coverage with no bare areas exceeding 16 square feet (1.5 square meters) and a 1 1/2 inch (40 millimeters) stand of grass. Bare areas shall be reprepared and reseeded as required to develop an acceptable stand of grass. This item will not be measured separately and shall be subsidiary to bid item for "Restoration and Revegetation of disturbed areas ". 604S.9 Payment "Seeding for Erosion Control" shall include furnishing all materials, including all topsoil, water, seed, tackifier, fertilizer or mulch and for performing all operations necessary to complete the work. This item shall not be paid for separately but shall be subsidiary to bid item for "Restoration and Revegetation of disturbed areas ". End Page 5 606.1 Description This item shall govern the provision and distribution of fertilizer over the areas indicated and in accordance with these specifications. 606.2 Materials All fertilizer used on site shall be delivered in bags or containers, which are clearly labeled and show the analysis. The figures in the analysis shall represent the percent of nitrogen, phosphoric acid and potash nutrients, respectively, as determined by the methods of the Association of Official Agricultural Chemists. The fertilizer may be subject to testing by the State Chemist in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used.. Fifty percent or greater of the Nitrogen required shall be in the form of Nitrate Nitrogen (NO3). The remaining Nitrogen required may be in the form of Urea Nitrogen [CO(NH2)2]. The total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. 606.3 Construction Methods The fertilizer type and rate of application should be based on chemical tests of representative soil samples taken after completion of construction and ground work. Pelleted or granulated fertilizer shall be applied uniformly into the soil to a depth of 4 inches over the area specified to be fertilized and in the manner directed for the particular item of work. The fertilizer shall be dry and in good physical condition. Fertilizer that is powdered or caked will be rejected. Distribution of the fertilizer for the particular item of work shall meet the approval of the Engineer. Maintenance fertilizing shall be applied every 6 months after the new sod or grass is placed or until the work is accepted by the City. 606.4 Measurement Work and acceptable material for "Fertilizer" will be measured by the normal ton of 2,000 pounds or by the 100 pounds as determined by approved scales or guaranteed weight of sacks shown by the manufacturer. 606.5 Payment "Fertilizer" will not be paid for separately but shall be subsidiary to bid item "Restoration and Revegetation, consisting of solid block sodding, of disturbed areas ". End Page 1 ITEM NO. 606S FERTILIZER 7.0 PLANS, DETAILS AND NOTES 1 1 1 END OF PROJECT BEGINNING OF PROJECT ISSUE DATE: OCT. 2001 REVISIONS J . • RRW sidewalks.DWG SCALE: 1" =300' CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT OVERALL SITE MAP PDN -1 ROUND ROCK WEST SECTION 5 BLOCK C LOT 1 CITY OF ROUND ROCK PARK ISSUE DATE: OCT. 2001 REVISIONS SCALE: 1" =100' ROUND ROCK WEST SECTION 5 LOT 2 600 ROUND ROCK WEST DR. ROUND ROCK WEST OFFICE CONDOMINUMS ROUND ROCK WEST SECTION 5 LOT 1 EXISTING CURB RAMP EXISTING CURB RAMP LINE I F(:FND O SEE SPECIFIC INSTRUCTIONS PAGES PDN -10 AND PDN -11 ® NEW SIDEWALK CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT PLAN SHEET 1 RRW sidewalks.DWG BY: RSH PDN -2 ISSUE DATE: OCT. 2001 REVISIONS SCALE: 1"=100' EXISTING CURB CU ROUND ROCK WEST SECTION 3 LOT 7 LEGEND ROUND ROCK WEST SECTION 3 LOT 2 SEE SPECIFIC INSTRUCTIONS PAGES PDN -10 AND PDN -11 NEW SIDEWALK WATER METER EXISTING CURB INLET MATCH CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT PLAN SHEET 2 RRW sidewalks.DWG BY: RSH PDN -3 4 ROUND ROCK WEST SECTION 3 LOT 5A 708 ROUND ROCK WEST DR. ASI GYMNASTICS REVISIONS ISSUE DATE: OCT. 2001 SCALE: 1” =100' ROUND ROCK WEST SECTION 3 LOT 2 ROUND ROCK WEST SECTION 3 LOT 6A ECONOMY SUPPLY SUBDIVISION BLOCK A LOT 1 808 ROUND ROCK WEST DR. ECONOMY SUPPLY CO. ROUND ROCK WEST SECTION 3 LOT 2A 602 MCNEIL DRIVE CAPITAL BEARING SERVICE MATCH I ROUND RO WEST SECTION 3 LOT 1A I 600 MCNEIL °D 7 -11 ti LINE SEE AREA DETAIL 1, PAGE PDN -4 SEE AREA DETAIL 2, PAGE PDN -4 CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT PLAN SHEET 3 LFGEND SEE SPECIFIC INSTRUCTIONS PAGES PDN -10 AND PDN -11 OMMO NEW SIDEWALK M�NE1t READ RRW sidewclks.DWG BY: RSH 1 P PDN -4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WATER QUALITY POND ASPHALT DRIVEWAY ASI GYMNASTICS ASPHALT DRIVEWAY LEGFND SCALE: 1 " =20' GM GAS METER FH FIRE HYDRANT C.O. CLEANOUT WW WASTEWATER MB MAILBOX SS STORM SEWER NEW SIDEWALK OX SEE SPECIFIC INSTRUCTIONS, PAGES PON -10 AND PDN -11 ISSUE DATE: OCT. 2001 REVISIONS SCALE: AS SHOWN AREA DETAIL 1 1' "SQUARE — OFF" ASPHALT ALLEY ASPHALT DRIVEWAY AREA DETAIL 2 i SCALE: 1 ° =20' CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT AREA DETAILS 1' "SQUARE — OFF" RRW sidewaIks.DWG BY: RSH I "ns PDN -5 5:1 (HORIZ. : VERT.) MAXIMUM SLOPE UNLESS OTHERWISE DIRECTED BY THE ENGINEER. SEE ABOVE DETAIL. ISSUE DATE: OCT. 2001 REVISIONS N.T.S. IN SLOPING AREAS, INSTALL SIDEWALK IN GENERAL CONFORMANCE WITH RATIOS SHOWN AND GRADE TO NATURAL GROUND AT 5:1 (HORIZONTAL : VERTICAL) MAXIMUM SLOPE UNLESS OTHERWISE DIRECTED BY THE ENGINEER. GRADE AND RESTORE DISTURBED AREAS WITH SUITABLE TOPSOIL AND REVEGETATE. SLOPE 1/4 "PER FT. 2" SAND CUSHION ON THOROUGHLY COMPACTED SUBGRADE. (SEE SPECIFIC INSTRUCTIONS FOR WIDTH.) TYPICAL SIDEWALK SECTION ABUTTING CURB SEE ABOVE DETAIL. TYPICAL SIDEWALK SECTION AWAY FROM CURB 4" THICK CLASS 'A' CONCRETE WITH 6X6X NO. 6 W.W.F. ® MID - DEPTH. PROVIDE EXPANSION JOINTS WITH SMOOTH DOWELS AND DOWEL SLEEVES AND WEAKENED PLANE JOINTS IN ACCORDANCE WITH C.O.A. ITEM 432. / EXISTING CURB AND GUTTER * BLOCK OUT 15" (PARALLEL TO CURB) X 9" OPENING AROUND MAIL BOXES, UNLESS OTHERWISE DIRECTED BY THE ENGINEER. CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT SIDEWALK DETAIL SEE ABOVE DETAIL. DETAILS.DWG BY: RSH PDN -6 SEE CONSTUCTION PLANS FOR. EXACT SIDEWALK LOCATION. NOTES: 6 "X6 "X #6 WWF MAX. SLOPE 1 /4 " /FT. ISSUE DATE: OCT. 2001 REVISIONS N.T.S. RAMP WING. MAXIMUM SLOPE 12:1 PLAN VIEW SECTION "A -A" PEDESTRIAN RAMP WING. (TYPICAL) RAMP WITH DETECTABLE WARNING. SAW CUT EXISTING CURB @ GUTTER AND REMOVE. (SEE NOTE #3) 174' (MIN.) 1. THE RAMP SHALL HAVE A DETECTABLE WARNING AND CONTRASTING COLORED SURFACE. THE RAMP SHALL BE STAMPED AND DYED CONCRETE OR APPROVED EQUAL. 2. THE POSITION OF THE RAMP MAY BE ALTERED IN THE FIELD BY THE ENGINEER. BUT ONLY WITH THE PUBLIC WORKS DEPARTMENT APPROVAL. 3. SAW CUTTING IS APPLICABLE FOR INSTALLATION WHERE CURB LAYDOWN FOR THE RAMP IS NOT PROVIDED. 4. PROVIDE 12" LONG DOWELS ®12" 0.C. TO TIE NEW CONCRETE TO EXISTING GUTTER. CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT PEDESTRIAN RAMP DETAIL DETAILS.DWG BY: RSH PDN -7 2"x4"- w1.4xw1.4 WIRE FABRIC STRUCTURE n\ EXTEND 2' -0" MINIMUM BEYOND INLET OPENING AT EACH END INLET VARIES 3" OVERLAP AT FABRIC SPLICES j��IU•��• FLOW now 1z 20 Ib SANDBAGS AT 3' O.C. MINIMUM 4" HIGH CLEAR OPENING 20 Ib SANDBAGS AT 3' O.C. SEE NOTE 1 CUT AWAY OF NON —WOVEN GEOTEXTILE FILTER FABRIC NOTES: 1. WHERE MINIMUM CLEARANCES CAUSE TRAFFIC TO DRIVE IN THE GUTTER, THE CONTRACTOR MAY SUBSITITUTE A 1" X 4" BOARD SECURED WITH CONCRETE NAILS 3' O.C. NAILED INTO THE GUTTER IN LIEU OF SANDBAGS TO HOLD THE FILTER DIKE IN PLACE. UPON REMOVAL, CLEAN ANY DIRT /DEBRIS FROM NAILING LOCATIONS, APPLY CHEMICAL SANDING AGENT AND APPLY NON- SHRINK GROUT FLUSH WITH SURFACE OF GUTTER. 2. A SECTION OF FILTER FABRIC SHALL BE REMOVED AS SHOWN ON THIS DETAIL OR AS DIRECTED BY THE ENGINEER OR DESIGNATED REPRESENTATIVE. FABRIC MUST BE SECURED TO WIRE BACKING WITH CLIPS OR HOG RINGS AT THIS LOCATION. 3. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED WHEN DEPTH REACHES 2 ". 4. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL EVENT AND IMMEDIATELY REMOVE THE INLET PROTECTIONS IF THE STORM - WATER BEGINS TO OVERTOP THE CURB. 5. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED. FILTER DIKE CURB INLET PROTECTION N.T.S. ISSUE DATE: OCT. 2001 REVISIONS N.T.S. CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT FILTER DIKE CURB INLET PROTECTION DETAILS.DWG BY: RSH PDN -8 ce 1 LIMIT OF MEASUREMENT w w TYPICAL �i & PAYMENT FOR a o SIDEWALK LOCATION. S, DRIVEWAY. ze 0 (SEE NOTES #1 & #2). -/ 1 CONCRETE SIDEWALK WING AS NECESSARY TAPER CURB FOR SIDEWALK AS NECESSARY TOP OF CURB BEYOND ASPHALTIC CONCRETE SURFACE COURSE. TOP OF CURB. UP OF GUTTER. DRILL EXISTING CURB & GUTTER. NOTES: EXPANSION JOINT. SAW CUT EXISTING CURB AND GUTTER SECTION AT PROPOSED DRIVEWAY. IF NEAREST EXPANSION JOINT IS 5' OR LESS FROM DRIVEWAY WING, EXISTING CURB AND GUTTER SECTION SHALL BE REMOVED TO THE NEAREST EXPANSION JOINT. PLAN TYPICAL SIDEWALK LOCATION. (42 " -48" WIDE NORMAL) 6" VARIES. COMPACTED BASE COURSE. 18" MIN.; WIDTH VARIES. SIDEWALK AREA. (SEE NOTE #2) ROLL GENTLY AS REQUIRED. SECTION 'A — A' 24 " - #4 SMOOTH DOWEL. 1/2" PREMOLDED EXPANSION JOINT MATERIAL. EXIST 6" DOWEL COATING /SLEEVE. DOWEL SUPPORT. CONST.CONST. SAW CUT. EXPANSION JOINT DETAIL FLOW UNE. 1" WOLMANIZED WOOD EXPANSION JOINT W/ #4 DOWELS 018" O.C. PROVIDE EXPANSION JOINT WHERE DRIVEWAY MEETS CURB AND GUTTER. THIS JOINT NOT REQUIRED IF ONE EXISTS OR IS PROVIDED WITHIN 6 FEET. EXPANSION JOINT REQUIRED FOR WIDTHS (W) OVER 30'. MIN. 10'R (TYP.) NORMAL ELEVATION 0 R IS LENGTH OF DRIVEWAY MULTIPLIED BY 2% PLUS TOP OF CURB ELEV. #3 BARS 0 18" O.C.E.W. CLASS 'A' CONCRETE. 2" SAND CUSHION. COMPACTED SUBGRADE. SECTION 1. SIDEWALK SHALL BE LOCATED IN TYPICAL LOCATION SHOWN, UNLESS SPECIFICALLY APPROVED BY THE CITY OF ROUND ROCK. 2. THE SIDEWALK AREA OF THE DRIVEWAY SHALL SLOPE TOWARD THE STREET PAVING AT NO MORE THAN 2 %. ISSUE DATE: OCT. 2001 REVISIONS N.T.S. CITY OF ROUND ROCK ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS PROJECT CONCRETE DRIVEWAY DETAIL DETAIL1.DWG BY: RSH PDN -9 ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS SPECIFIC INSTRUCTIONS 1. Tie new sidewalk to existing curb ramp. Dowel into existing ramp w /12" long, V2" dowels @ 12" O.C. 2. Construct 4' wide sidewalk 6' off of back of curb. 3. Tie new sidewalk to existing 4' wide sidewalk. Dowel into existing ramp w /12" long, '/z" dowels @ 12" O.C. 4. Construct pedestrian ramp at existing curb cut (See detail, sheet PDN -7). 5. Construct pedestrian ramp to match the location of the existing curb cut on the southwest corner of the intersection (See detail, sheet PDN -7). 6. Meet and match existing asphalt driveway with new sidewalk. 7. Construct 4' wide sidewalk, meeting asphalt driveway at 6' off of back of curb. Route sidewalk around existing trees and mailbox as depicted on plans using approx. 10' radii. At no point shall sidewalk be less than 2' off of back of curb. 8. Construct 4' wide sidewalk, meeting driveway at 6' off of back of curb. Route sidewalk around existing fire hydrant using approx. 20' radii. Transition from 4' wide sidewalk to 5' wide sidewalk. Sawcut and remove approximately 10' of existing sidewalk to enable aforementioned route and transition. Tie new sidewalk to existing 5' wide sidewalk. 9. Sawcut and remove approximately 25' of existing sidewalk and ramp, taking precautions while removing sidewalk around existing power pole. Tie new sidewalk to existing 5' wide sidewalk. Transition from 5' wide sidewalk to 4' wide sidewalk. Route new 4' wide sidewalk around power pole as depicted on plans. Removal of existing sidewalk shall be subsidiary to the price bid for 4" thick concrete sidewalk. 10. Provide inlet protection (See detail, sheet PDN -8). 11. Reconstruct existing driveway (See "Driveway Detail" PDN -9). 12. Construct 4' wide sidewalk 4' off of back of curb. PDN -10 ROUND ROCK WEST DRIVE SIDEWALK IMPROVEMENTS SPECIFIC INSTRUCTIONS (coat.) 13. Construct 2 -10 L.F. 3" SCH.40 PVC pipes under sidewalk and through existing curb to drain property behind the sidewalk out to the street. Grade area behind the sidewalk to drain. Saw cut and chip curb out for pipes. Trim pipes flush with face of curb. Replace curb by grouting around pipes. Install pipes with approximately 3" clear space between outside edges of pipes. Extend pipes approximately 1' past edge of sidewalk. 14. Route 4' wide sidewalk around water meter, power pole, post indicator valve and down guy as depicted on plans. 15. Tie new 4' wide sidewalk to existing 5' wide sidewalk. 16. Slope curbs @ 3:1 (Horizontally and vertically) at driveway as necessary for sidewalk. Provide concrete wings (measured and paid for under 4" concrete sidewalk) on sidewalk as necessary. NOTES The contractor is alerted to the fact that items of work numbered 1,3,6, 10, 14, 15 & 16 in the above Specific Instructions are not specifically paid for in the bid proposal. Costs for said items shall be subsidiary to items of work listed in the bid proposal. The contractor shall provide necessary personnel and measures to insure that freshly poured sidewalks are protected from damage due to pedestrians, cars, people etching/writing in concrete, etc. It is suggested that concrete pours occur in morning hours so that the fresh concrete may be watched throughout the remainder of the day and to allow as much setup time as possible before workers leave in the afternoon. All damaged sidewalks shall be repaired or replaced to the satisfaction of the Engineer at no additional cost to the Owner. PDN -11 1 1 GENERAL NOTES: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. All construction shall be in accordance with the City of Austin Standard Construction Specifications as adopted and amended by the City of Round Rock. 2. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., that are damaged or removed shall be repaired or replaced by the Contractor at no cost to the Owner. 3. The Contractor shall verify all depths and locations of existing utilities prior to any construction. Any discrepancies with the construction plans found in the field shall be brought immediately to the attention of the Engineer. 4. Manhole frames, covers, valves, cleanouts, etc. shall be raised to finished grade prior to final paving construction. 5. The Contractor shall give the City of Round Rock 48 hours notice before beginning each phase of construction. Telephone 218 -5555 (Public Works Department). 6. All areas disturbed or exposed during construction shall be revegetated in accordance with the plans and specifications. Revegetation of all disturbed or exposed areas shall consist of sodding or seeding, at the Contractor's option. However, the type of revegetation must equal or exceed the type of vegetation present before construction unless otherwise requested by the property owner. 7. Prior to any construction, the Contractor shall convene a preconstruction conference between the City of Round Rock, himself, the Engineer, other utility companies, any affected parties and any other entity the City or Engineer may require. 8. The Contractor and the Engineer shall keep accurate records of all construction that deviates from the plans. The Engineer shall fumish the City of Round Rock accurate "As- Built" drawings following completion of all construction. These "As- Built" drawings shall meet with the satisfaction of the Public Works Department prior to final acceptance. 9. The Round Rock City Council shall not be petitioned for acceptance until all necessary easement documents have been signed and recorded. 10. When construction is being carried out within easements, the Contractor shall confine his work to within the permanent and any temporary easements. Prior to final acceptance, the Contractor shall be responsible for removing all trash and debris within the permanent and temporary easements. Clean -up shall be to the satisfaction of the Engineer. 11. Prior to any construction, the Contractor shall apply for and secure all proper permits from the appropriate authorities. PDN -12 TRAFFIC MARKING NOTES: 1. Any methods, street markings and signage necessary for waming motorists, waming pedestrians or diverting traffic during construction shall conform to the Texas Manual of Uniform Traffic Control Devices for Streets and Highways, latest edition. 2. All pavement markings, markers, paint, traffic buttons, traffic controls and signs shall be installed in accordance with the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges and, the Texas Manual of Uniform Traffic Control Devices for Streets and Highways latest editions. EROSION AND SEDIMENTATION CONTROL NOTES: 1. Erosion control measures, site work and restoration work shall be in accordance with the City of Round Rock Erosion and Sedimentation Control Ordinance. 2. All slopes shall be sodded or seeded with approved grass, grass mixtures or ground cover suitable to the area and season in which they are applied. 3. Silt fences, rock berms, sedimentation basins and similarly recognized techniques and materials shall be employed during construction to prevent point source sedimentation loading of downstream facilities. Such installation shall be regularly inspected by the City of Round Rock for effectiveness. Additional measures may be required if, in the opinion of the City Engineer, they are warranted. 4. All temporary erosion control measures shall not be removed until final inspection and approval of the project by the Engineer. It shall be the responsibility of the Contractor to maintain all temporary erosion control structures and to remove each structure as approved by the Engineer. PDN -13 TYPICAL USAGE. Minima( 00elr0 110 Togr Lengths 11* 5(077 SOP! 117N INTER1*DIA1E LONG KIN 10BILF D1581100 STATIONARY HMI STATIONARY STATIONARY 30 A i 1 d 1 e s 0 0020 -ID 48' X 48' IFLAG5 - SEE NOTE 11 '714 • • TCP (2 -1a) Chanelicat1On devices may be omitted It the work area IS 0 minle m Of 30' from the nearest traveled way. CW20 -ID 48' X 48' (FLAGS - SEE NOTE It Work Area Near Shoulder CW20 -10 413 X 48' (FLAGS - SEE NOTE 11 / T END ROAD WORK 020 -20 48' X 24' (SEE NOTE 21 TCP (2 -1b) ROAD WORK A G20 - 20 48' X 24' (SEE NOTE 2) CW20- ID 48• X 48' (FLAGS - SEE NOTE 1I CW20- ID 48' X 48' (FLAGS - SEE NOTE 11 ENO ROAD WORK 020 -20 48' X 24' (SEE NOTE 21 1- 0 0 0 51 )14 TCP (2- c) EN) ROAD WORK Mork vehicles cc other equipment necessary for- the work Operation. Such 05 trucks, aoveoble cranes. etc.. shall remain In areas separated from lanes of trOfflc by chanel l2a- tien devices of 011 times. Work Area on Shoulder Work Vehicles on Shoulder Iro8tive ark vehicle T CW20 -ID 48' X 48' (FLAGS - SEE NOTE II LEGEND ❑ T ® Type I11 Barricade • • Channel Wm Devices 1 Flop D WOW/ Mork Vehicle Q9 Truck Moo w ted Aiterfor 1 Troller Mounted 8 Portable Ch0ngeoble 4 01ashing Arrow Panel M Message Sign Q() Flogger J. Sign Post If Conventional Roods Only t191Teper lengths have been r00 off. L Le091h of toper IFT.1 10.wleth of Offset IFT.I 5. 001,00 50.100 IIB01 GENERAL NOTES( I. Unless otherwise stated In the plans, flags attached to signs are RED�I (RED. . 2. All traffic control devices Illustrated ore REOIIIR D except those denoted with the triangle symbol any be omitted *ben 00100 elsewhere In the plan. 3. Type III barricades Ore required on both sides Of work area et 011 floes. (See BC Standards for burrICode octal Is. 4. Stockpiled m0terlal Sh0014 be placed a minimum 30' from nearest traveled way. 5. Oh high Speed facilities advance morning SIgnS eiould be Installed approximately 3% from the work area or from the beglrnIng of o lane or Shoulder toper. On low speed 10011i the advance warning sign should be placed on the 'X' minimum distance. Only pre - 040110!6 'rockets shall be Wed. A 111( of 00101T0f °reacts and their soirees may be obtained by writing or foxing. Standards Engineer Traffic Oper0tl0n1 Division - TE Texas Deportment of Tra4partatial 125 East 11th Street AWtln Teem 26201-2483 Pion 15121 416-3335 Fax 15121 416.3161 (-moll TRF- STE1CARDp10F 10w.dot.state.t5.W STANDARD PLANS TEXAS UEPARTIENT OF TRANSPORTATION Traffic Operat ions ON7sba TRAFFIC CONTROL PLAN TCP(2 -I1 -98 4)140 Welber 1985 II.-t* 1 - Mr Im' Im - lea a• Ate IZ5 OvItKol 2 94 1.95 1.11 4.99 NOOK MO MOM" DOI 1 16) PDN -15 Minima( 00elr0 110 Togr Lengths 11* 5vooeeted Mae100,. Spec no of 0.v1e. Mlnlmm 810( 50001(0 01.0008. Sweet FOrmnlo Offset 11 12 Offset On a Taper On o Tagen* 30 2 L. 6U 150' 165' 180' 30' 60' -75' 120' 35 40 205' 225' 245' 35' 70' -90' 160' 265' 295' 320' 40' 80' -100' 240' 45 L'WS 450' 495' 540' 45' 90' -110 320' 50 500' 550' 600' 50' 100' -125' 400' 55 550' 605' 660' 55' I10' -140' 500' 60 600' 660' 720' 60' 120' -150' 3 1600' 65 650' 715' 780' 65' 130' -165' 0700' 70 700' 770' 840' 70' 140' - 1 75' 0 800' 1 e s 0 0020 -ID 48' X 48' IFLAG5 - SEE NOTE 11 '714 • • TCP (2 -1a) Chanelicat1On devices may be omitted It the work area IS 0 minle m Of 30' from the nearest traveled way. CW20 -ID 48' X 48' (FLAGS - SEE NOTE It Work Area Near Shoulder CW20 -10 413 X 48' (FLAGS - SEE NOTE 11 / T END ROAD WORK 020 -20 48' X 24' (SEE NOTE 21 TCP (2 -1b) ROAD WORK A G20 - 20 48' X 24' (SEE NOTE 2) CW20- ID 48• X 48' (FLAGS - SEE NOTE 1I CW20- ID 48' X 48' (FLAGS - SEE NOTE 11 ENO ROAD WORK 020 -20 48' X 24' (SEE NOTE 21 1- 0 0 0 51 )14 TCP (2- c) EN) ROAD WORK Mork vehicles cc other equipment necessary for- the work Operation. Such 05 trucks, aoveoble cranes. etc.. shall remain In areas separated from lanes of trOfflc by chanel l2a- tien devices of 011 times. Work Area on Shoulder Work Vehicles on Shoulder Iro8tive ark vehicle T CW20 -ID 48' X 48' (FLAGS - SEE NOTE II LEGEND ❑ T ® Type I11 Barricade • • Channel Wm Devices 1 Flop D WOW/ Mork Vehicle Q9 Truck Moo w ted Aiterfor 1 Troller Mounted 8 Portable Ch0ngeoble 4 01ashing Arrow Panel M Message Sign Q() Flogger J. Sign Post If Conventional Roods Only t191Teper lengths have been r00 off. L Le091h of toper IFT.1 10.wleth of Offset IFT.I 5. 001,00 50.100 IIB01 GENERAL NOTES( I. Unless otherwise stated In the plans, flags attached to signs are RED�I (RED. . 2. All traffic control devices Illustrated ore REOIIIR D except those denoted with the triangle symbol any be omitted *ben 00100 elsewhere In the plan. 3. Type III barricades Ore required on both sides Of work area et 011 floes. (See BC Standards for burrICode octal Is. 4. Stockpiled m0terlal Sh0014 be placed a minimum 30' from nearest traveled way. 5. Oh high Speed facilities advance morning SIgnS eiould be Installed approximately 3% from the work area or from the beglrnIng of o lane or Shoulder toper. On low speed 10011i the advance warning sign should be placed on the 'X' minimum distance. Only pre - 040110!6 'rockets shall be Wed. A 111( of 00101T0f °reacts and their soirees may be obtained by writing or foxing. Standards Engineer Traffic Oper0tl0n1 Division - TE Texas Deportment of Tra4partatial 125 East 11th Street AWtln Teem 26201-2483 Pion 15121 416-3335 Fax 15121 416.3161 (-moll TRF- STE1CARDp10F 10w.dot.state.t5.W STANDARD PLANS TEXAS UEPARTIENT OF TRANSPORTATION Traffic Operat ions ON7sba TRAFFIC CONTROL PLAN TCP(2 -I1 -98 4)140 Welber 1985 II.-t* 1 - Mr Im' Im - lea a• Ate IZ5 OvItKol 2 94 1.95 1.11 4.99 NOOK MO MOM" DOI 1 16) PDN -15 TYPICAL USAGE. MOBILE SNORT DURATION SNCRT TERM STATIONARY INTERMEDIATE TERM 5TATICNART LANG TERM STATICNARY 10' Offset a'I It' Offset On a Taper t �t 1 �TEi■ '59*5 RUHR3 4HH AHHH eTH 63 8,006H CIHHH ndr�w ol aMw MWHES MWMM OMTE9 Cw20 -ID 48' X 48' (FLAGS - SEE NOTE II - Type III barrl0ode, chome112Ina devICes.Or shadow vehicle with orange flogs or warning lights. When made. vehicle Is required. It shall be equipped with Truck Mounted Attenuator. ENO R0A0 WORK G20 -20 48' X 24' TCP (I -40) One Lone Closed END ROAD WORK FORM ONE LINE LEFT CW20 -5R p20 -2L 48' X 48' 8' % 60' (SEE NOTE 31 CW20 -10 48' X 48' (FLAGS • SEE NOTE II CW20-ID 48' X 48' (FLAGS - SEE NOTE 11 (SEE NOTE 31 ROAD WORK AHEAD LEFT LANE CLOSED LEFT LANE CLOSED RIGHT LANE CLOSED RIGHT LANE CLOSED ROAD WORK AHEAD FORK ONE LINE RIGHT 820 -28 48' X 60' CW20 -5L 48' X 48' CW20 -5L 48' X 48' ECWI -60 36' X 36' (SEE NOTE 51 Type 111 borrlaa0e, Channellzlrg devlces,or shadow vehicle with orange flags or warning lights. When snodaw vehicle Is required. It shall be equipped with Truck MOlrlted AttenuOtor. END ROAD WORK G20 -20 48' X 24' 6 TCP (I -4b) Two Lanes Closed END ROADWORK 200' min 020 -20 48' X 24" ECWI -60 36' X 36 CW20 -5R 46' X 48' CW20- ID 48' X 48' (FLAGS - SEE NOTE 11 SCWI -4R 48' X 48' SCWI3 -1 24' X 24' SCWI -4L 48' X 48' SCW13-1 24' X 24' FORM ONE LINE LEFT CW20 -5R R20-2L 48' % 48' 48' X 60' SEE NOTE 31 LEGEND ❑ T Type III BarrIcode • • Ch0nel121109 Devices I FIOg 1-- Heavy Work yehlcle ® Truck ummted Attenator Trailer Mounted Portable Chargeable Flashing Arrow Pone! M Message Sign 0_0 Flogger i Stan Past * Conventional 6000. Galt' * * Taper Imams haw been rounded e L•Lenoth 01 Taper 6T.) W•Tndth of Uffaet (Ff., 5•1 speed IIPHI GENERAL NOTES. 1. Unless otherwise stated In the plans. flogs attached to the signs ore 0(00(060. 2. All traffic Control devices Illustrated ore REQUIRED, except those denoted with the triangle syn00l may be omitted wren stated elsewhere In the plans. 3. The FORM sign. LANE LEFT sign may be used following the RIGHT LANE CLOSED ED sign. S o 1 st. 109 distance between signs should be the 4. ROAD WORK AHEAD sign may be repeated If the visibility Of the work 5. If 6040ITent no}'remaved and traffic In directed over O double yellow centerline, the maxiSto ap4cling Of ahannel12100 devltes In a tangent section should be no greater than 10 feet. Only pre- 4Wlifled products (tall be used. A (let of 8010190105 prad0ts and their sources Rloy be obtained by writing Or 100109. 5tug0'ds Engineer Traffic Operation 010ist0n - TE Texas DepQ5•ent of Tronsp0rtat101 125 East 11th Street Austin, Teens 78701-2493 Prone (512) 416 -3335 Fax 1512) 416.3161 E-1011 TRF- STANDAR80llgl lge .dot•et0te.t0.us The requirement for shadow vehicles will be 115te0 In the project GENERAL NOTES. Item 502. Borrlaades. Signs and Traffic Handling. STANDARD PLANS TEXAS DEPARTMENT OF TRANSPORTATION Traffic operations 1MWSIDa TRAFFIC CONTROL PLAN TCP(I -4) - 98 ©TROD Deceber 1985 l0 -LR la Ml wm :AM WI. 2.54 o-'5 Conn SILIFW 154 PDN -14 Min1.P1 Desirable Toper Lee * * Sopaeste. Na0Hltee Saar np of Device Minh(. 51pn 5poclno X Distance Posted we Sod * ,...Hula 10' Offset Ofreet It' Offset On a Taper t �t 30 150' 165' 180' 30' 60' -75' 120' 35 WS' L. 60 205' 225' 245' 35' 70' -90' 160' 40 265' 295' 320' 40' 80' -100' 240' 45 450' 495' 540' 45' 90' -110' 320' 50 500' 550' 600' 50' 100' -125' 400' 55 550' 605' 660' 55' 110' -140' 500' 60 L WS 600' 660' 720' 60' 120' -150' 0600' 65 650' 715' 780' 65' 130' -165' 0700' 70 700' 770' 840' 70' 140'-175' 0800' 1 �TEi■ '59*5 RUHR3 4HH AHHH eTH 63 8,006H CIHHH ndr�w ol aMw MWHES MWMM OMTE9 Cw20 -ID 48' X 48' (FLAGS - SEE NOTE II - Type III barrl0ode, chome112Ina devICes.Or shadow vehicle with orange flogs or warning lights. When made. vehicle Is required. It shall be equipped with Truck Mounted Attenuator. ENO R0A0 WORK G20 -20 48' X 24' TCP (I -40) One Lone Closed END ROAD WORK FORM ONE LINE LEFT CW20 -5R p20 -2L 48' X 48' 8' % 60' (SEE NOTE 31 CW20 -10 48' X 48' (FLAGS • SEE NOTE II CW20-ID 48' X 48' (FLAGS - SEE NOTE 11 (SEE NOTE 31 ROAD WORK AHEAD LEFT LANE CLOSED LEFT LANE CLOSED RIGHT LANE CLOSED RIGHT LANE CLOSED ROAD WORK AHEAD FORK ONE LINE RIGHT 820 -28 48' X 60' CW20 -5L 48' X 48' CW20 -5L 48' X 48' ECWI -60 36' X 36' (SEE NOTE 51 Type 111 borrlaa0e, Channellzlrg devlces,or shadow vehicle with orange flags or warning lights. When snodaw vehicle Is required. It shall be equipped with Truck MOlrlted AttenuOtor. END ROAD WORK G20 -20 48' X 24' 6 TCP (I -4b) Two Lanes Closed END ROADWORK 200' min 020 -20 48' X 24" ECWI -60 36' X 36 CW20 -5R 46' X 48' CW20- ID 48' X 48' (FLAGS - SEE NOTE 11 SCWI -4R 48' X 48' SCWI3 -1 24' X 24' SCWI -4L 48' X 48' SCW13-1 24' X 24' FORM ONE LINE LEFT CW20 -5R R20-2L 48' % 48' 48' X 60' SEE NOTE 31 LEGEND ❑ T Type III BarrIcode • • Ch0nel121109 Devices I FIOg 1-- Heavy Work yehlcle ® Truck ummted Attenator Trailer Mounted Portable Chargeable Flashing Arrow Pone! M Message Sign 0_0 Flogger i Stan Past * Conventional 6000. Galt' * * Taper Imams haw been rounded e L•Lenoth 01 Taper 6T.) W•Tndth of Uffaet (Ff., 5•1 speed IIPHI GENERAL NOTES. 1. Unless otherwise stated In the plans. flogs attached to the signs ore 0(00(060. 2. All traffic Control devices Illustrated ore REQUIRED, except those denoted with the triangle syn00l may be omitted wren stated elsewhere In the plans. 3. The FORM sign. LANE LEFT sign may be used following the RIGHT LANE CLOSED ED sign. S o 1 st. 109 distance between signs should be the 4. ROAD WORK AHEAD sign may be repeated If the visibility Of the work 5. If 6040ITent no}'remaved and traffic In directed over O double yellow centerline, the maxiSto ap4cling Of ahannel12100 devltes In a tangent section should be no greater than 10 feet. Only pre- 4Wlifled products (tall be used. A (let of 8010190105 prad0ts and their sources Rloy be obtained by writing Or 100109. 5tug0'ds Engineer Traffic Operation 010ist0n - TE Texas DepQ5•ent of Tronsp0rtat101 125 East 11th Street Austin, Teens 78701-2493 Prone (512) 416 -3335 Fax 1512) 416.3161 E-1011 TRF- STANDAR80llgl lge .dot•et0te.t0.us The requirement for shadow vehicles will be 115te0 In the project GENERAL NOTES. Item 502. Borrlaades. Signs and Traffic Handling. STANDARD PLANS TEXAS DEPARTMENT OF TRANSPORTATION Traffic operations 1MWSIDa TRAFFIC CONTROL PLAN TCP(I -4) - 98 ©TROD Deceber 1985 l0 -LR la Ml wm :AM WI. 2.54 o-'5 Conn SILIFW 154 PDN -14