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R-02-01-10-12F5 - 1/10/2002RESOLUTION NO. R- 02- 01- 10 -12F5 WHEREAS, the City of Round Rock has duly advertised for bids for the Downtown Sidewalk Improvements Project, and WHEREAS, Chasco Contracting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, 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 Chasco Contracting, Inc. for the Downtown Sidewalk Improvements Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 10th day of Janua� 2002. ATTE ,Antiatriu) - 11 :: ODMA\ WORLOOX\ O : \WDOX \RESOLUTI \R20110F5.WPD /BC CHRISTINE R. MARTINEZ, City Secretar R.0 ' A. ST UKA, JHJMayor City of Round Rock, Texas Project: Historic Downtown Sidewalks Improvements Owner: City of Round Rock Job Number: 601 -574 Date: December 18, 2001 Project location: Round Rock, Williamson County, Texas Note: Cells which are shaded show mathematical errors mode an the contractors bid sheet. This bid sheer shows the correct total cast 3311152. IV 1 ➢.]IAA! 3,3,....33313c3 Associales, Chaco Contracting Round Rock, TX Bid Bond YES Addendums YES H. Desk Caustns4ion Co. Round Bock, TX Bid Bond YES Addendums YES Austin Miter Systems, Inc. Austin, TX Bid Bond YES Addendums YES Myers Construction Wimberley, TX Bid Bond YES Addendums YES BM IIem Qoandty Unit Unit Price Con Unit Mee Cost Unit Price Cost Unit Price Con Base Bid I Mobilization, complete in place. 1 LS E 51,00000 $ 51,00000 $ 27,05000 $ 27,05000 S 74222.60 E 74,22260 a 50,00000 $ 50,000.00 2 Silt Fence, complete in Place 200 1F S 240 $ 480.00 $ 10.00 $ 2,00000 $ 1.70 $ 54000 a 5.00 $ 1.000.00 3 StabiliodCmnmxtioo Entrance / Exit, complete in place. 1 EA $ 1,000.00 1 1,000.00 E 1,800.00 $ 1,800330 $ 690.00 $ 69000 $ 2,00000 $ 2,00000 4 Type II 1Net Protection, cnapkte in place. 2 EA S 9000 5 180.00 E 30000 $ 600.00 6 35300 6 7000 $ 20000 1 400.00 5 Internal Inlet Protection (Grate klkO, complete in place 1 EA 0 12000 $ 120.00 3 300.00 6 300.00 0 8600 3 8600 1 400.00 0 400.00 6 Tree Promotion, cantplek in place. 1 [S $ 0,500.00 S 4,500.00 6 5,400.00 E 5,400.00 $ 690.00 0 69000 s 3,800.00 6 5.800.00 7 Demolition, comp]. in place. 1 IS 6 82,000.00 $ 82,000.00 6 80,000.00 8 80,000.00 S 137,50000 6 137,500.00 $ 138,00000 $ 138,000.00 8 2 oMAC Pavement Replacement (Type D), including All Required Flixibk Base, complete in place. 2,263 SY $ 22.50 6 00,91750 0 1103 1 24,893.00 3 1050 3 23,761.50 0 22.50 $ 50,917.50 9 2' Cone. Valley GuOer, complete in pIo 294 SF 3 560 S 1,64640 0 1300 6 3,82200 0 5.30 6 1,558.20 $ 700 6 2,058.00 10 Curb & G Il2o, complete in place. 1,789 LF $ 1400 6 25,046.00 1 16.00 6 28,624.00 6 15.75 S 28,17675 S 17.00 S 30,41300 I 6" Width Stand -Up Curb, complete in place. 222 I. $ 19.00 0 4,218.00 $ 18.00 6 3,99600 $ 33.50 3 7,43700 6 35.00 3 7,770.00 12 Paver Edge Reatmim, comple0 in place. 837 1.1 S 500 3 4,18500 a 1000 3 8,37000 $ 175 3 1,46475 3 700 6 5,85900 Project: Historic Downtown Sidewalks Improvements Owner: City of Round Rock Job Number: 601 -574 Date: December 18, 2001 Project location: Round Rock, Williamson County, Texas Note: Cells which are shaded show mathematical errors mode an the contractors bid sheet. This bid sheer shows the correct total cast 3311152. IV 1 ➢.]IAA! 3,3,....33313c3 Associales, Chase° Contracting Round Rock, TX Bid Bond YES Addendums YES H. Deck Construction Co. Round Rock TX Bid Bond YES Addendums YES Austin Filter Systems, Inc Austin, TX Bid Bond YES Addendnms YES Myers Construction Wimberley, TX Bid Bond YFS Addendoms YES Big Item Quantity Unit Unit Price Cost Unit Pelee Cost thin Price Cost Unit Price Con 13 Sidewalk Pavers, including 1" Sand Cushion, 6 Base Crouse & & barn& Prep, complete in 17,885 SF $ 4.00 5 71,540.00 $ 5.5D 5 98,567.50 Oa.. 5 7.30 6 130,56050 < 7 ' 14 Street Pavers, including 1 Sand Cushion, compkte in place. 1,428 SF S 350 $ 4,998.00 $ 550 $ 7854.00 $ 10.00 5 14,28000 S 680 S 9,71040 15 7" Concrete Subbase (Street), including Subgade Prep., complete in Pl.. 1,428 SF $ 470 $ 6,711.60 5 600 S 8568.00 $ 450 $ 6,42600 5 500 5 7,14000 16 6 "x10' Conc. Ribbon Club(StrsI, complete in place. 338 LF , ?" t S 1609 6 5,406.00 $ 1250 $ I8,012.50 $ 5.20 S 1,757.60 5 350 6 7,92550 5 800 5 2,70400 $ 7.00 $ 10,087.00 IJ Variable Width (4 Concrete Banding Nero to BUildingd, complete in place. 1,441 1F 0 e 5 450 4 fi,984.50 18 4 "'1k105Onc. Sidewalk, complete in Places 276 SF S 480 6 1,324.80 3 ].00 5 1,932.00 6 535 5 92460 5 700 5 1,93200 19 6" Thick Cone. Pavement, complete in place. 580 SF $ 5.00 3 2,900.00 S 7.00 3 4,06000 3 4.90 S 2,84200 $ 850 $ 4,93000 20 Trench Street Repair, ample. in place. 693 IF 5 2300 3 20,539.00 $ 18.00 6 16,074.00 5 28.50 3 25,45050 5 1750 3 15,62750 21 Accessible Ramp (Sid), complete in place. 19 EA 3 240.00 $ 3,560.00 S 1,37500 3 1925000 5 1,060.00 S 14,840.00 $ 1200.00 4 16,800.00 22 Accessible Ramp (Type l), complete in place. 2 EA 5 300.00 5 60000 S 1,37500 6 2,7550.00 $ 1,260.00 $ 2,52000 5 1,200.00 5 2,40000 25 Auusibk Parking Sinage. complete ' 1 5 1899 . 5 EA 5 210.00 $ 1,050.00 0 160.00 E 80000 3 140.00 $ 700.00 $ 300.00 $ 150000 24 Conc. Step (I Riser l l Tread), amplete in place. 155 IF $ 4200 $ 5,67000 5 4000 6 5,400.00 S 26.50 3 3,57750 5 2200 5 2,97000 25 Cm, Slep(2 Riser /2 Tread), complete in pis.. 153 1F 5 84.00 $ 12,85200 $ 7500 8 11,975.00 6 4250 3 6,50250 5 39.00 8 5,202.00 26 6" Thick Concrete Valley Gutter Fillets, complete in place. 80 SF $ 500 6 40000 S 8.00 S 64000 3 490 $ 392.00 3 1500 5 1,20000 27 Building Air Vent Canc. Box mN gate, complete in place. 7 EA 5 600.00 $ 4,200.00 S 65000 $ 4,55000 5 69000 5 4,83000 $ 1,09000 $ 7,00000 &Prob..,6 12 9 -JIAM Chase* Contracting Round Rock, TX Bid Bond YES Addendums YES H. Deck Construction Co. Round Rock, TX Bid Bond YES Addendums YES Austin Filter Systems, Inc. Austin, TX Bid Bond YES Addendums YES Myers Constnedan Wimberley, TX Bid Bond YES Addendums YES Bld Item Quantity Unit Unit Price Cast 001 Pr la Car Unit Prue Col Unit Price Cost 28 Sealmil and Backer Rodm Library Arc Vents, complete in place_ 3 PA $ 60000 $ 1,80000 $ 100.00 $ 300.00 $ 101.00 $ 30300 $ 100.00 3 30000 29 373' Conc. 1unc. Box Wl Cast Iran Club Inlet, complete in place. 3 EA $ 3,400.00 $ 10,200.00 "- i �p00 $ 2,300.00 I 6,900.00 $ 2500.00 $ "7,50000 30 2'32' Grate Inlet, complete in place. 1 EA S 1,00000 $ 1,000.00 $ 1,450.00 $ 1,45000 $ 1,95000 S 1,950.00 S 1200.00 S 120000 31 4' Diu Std SSMR, complete in place. 6 EA $ 1,600.00 $ 9,600.00 5 2,500.00 $ 15,000.00 - rr 'ice $ 3,100.00 0 18,600.00 32 6" Ductile Iron, CL 200, complete in place. 59 IF 9 4200 $ 2,478.00 $ 55.00 $ 3,245.00 S 3900 3 2,30100 5 2000 5 1,18000 33 6" 5c11. 40 PVC, complete in Place. 117 LP $ 37.00 I 4,329.00 $ 5000 1 3 1 34.00 $ 3,97800 $ 1000 $ 1,17000 54 15" RCP, Gass 111, complete in place. 977 LP I 42.00 $ 41,03400 $ 4500 8 43,96500 $ 5900 $ 57,643.00 $ 60.47 $ 59,07919 35 6" Sell. 40 PVC Clem Ow, complete in place. 2 FA $ 18000 $ 360.00 5 17500 $ 35000 5 125.00 $ 25000 $ 100.00 5 200.00 36 8' Trend 0raie, complete inplaec. 7 IP $ 14800 $ 1.036.00 S 10000 $ 700,00 $ 19000 $ 1,330.00 5 12500 $ 87500 37 2' Trench Drain,wmple. in Plan 44 IP 5 14900 S 6,556.00 5 194.00 $ 8,53600 $ 200.00 $ 8,800.00 $ 25000 5 11,000.00 38 Down Syne bench Drain, complete in place. 19 [F $ 9100 S 1,729.00 $ 100.00 $ 1,90000 5 19000 $ 3,61000 5 200.00 $ 3,80000 39 Core Existing Cone. Flume, complete in place. 1 LS $ 600.00 $ 600.00 9 200.00 $ 200.00 S 21000 $ 21000 $ 500.00 S 500.00 40 Conc. Encasement, complete in place. 24 IS $ 34.00 5 816.00 $ 30.00 5 72000 5 29.00 5 696.00 $ 5000 5 1,200 00 41 4" West Water 913R 26, complete in place. 159 IP $ 3500 $ 5,088.00 $ 35.00 $ 5,565.00 $ 3200 $ 5,08500 $ 15.00 9 2,385.00 42 4" Sch. 40 PVC Clean Om, complete in place. 2 EA 3 15000 $ 300.00 5 15000 5 300.00 $ 12500 $ 250.00 3 90.00 5 18000 4] 4" Solid White Snipping, complete in place. 1 LS $ 1,900.00 5 1,90000 S 2,000.00 $ 2,00000 $ 1,45000 $ 1,05020 $ 1,500.00 $ 130000 44 Wheel Stops, complete in place_ 95 EA S 42.00 S 3,99000 $ 25.00 5 2,37500 5 165.00 $ 15,675.00 $ 4000 $ 3,800.00 45 5" Thick Conc. Pad for U.S.Pmsi Office Mail Bases, Including anchor bolts and all apporemaces, complete in plain 13 $ F $ 120.00 $ 1, 560 . 00 $ 3a.00 $ 39000 5 3000 5 390.00 $ 2000 $ 260.39 &Prob..,6 12 9 -JIAM radxls 12,20/01 9:34 AM Chasm Contracting Roland Rock, TX Bid Bond YES Addendoms YES H. leek Construction Co. Round Rock, TX Rid Bead YES Addendoms YES Ausdu Filter Systems, the Austin, TX Bid Bond YES Addeod,ms YES Myers Conatruedsu Wimberley, T7( Bid Bond YES Addendems YES Bld Item Quantity Uolt Unit Price Coal Unll Price Coat UPI Price Cost Unm Price Cost 46 Relocate Two Street Light POles Including All Appurtenances. complete Poise. 1 L5 $ 2,40000 5 2,40000 $ 4,800.00 5 4,800.00 5 2,500.00 5 2,500.00 5 3,000.00 9 3,00000 47 2" Elee Conduit Sch 40 PVC, Including End CaPS, co.*. m place. 40 IF $ 240 5 9600 $ 100 I 40000 $ 1800 S 72000 $ 1000 5 400.00 48 Traffic Control, including Engineered Tragic Control Plm, Flappers, Barricades, Signs and Appuaenavees, etc.. complete in place 1 >S 5 8,000.00 5 8,0000 5 25,000.00 9 25,00000 5 25,500.00 5 2 5 , 50000 3 50,00000 5 50,000.00 49 Trends 5800 Syslem,...Ple.m place. 977 LP 6 3100 $ 97700 $ 5.00 S 4,885.0 $ 250 5 2,44150 $ 15.10 8 14,65500 50 Pedestrian Guardra (with handrail), wmplpe in Place 63 LF 5 1140 8 7,1820 0 55.0 5 3,465.0 0 91.0 5 5,733.00 5 20.0 $ 12,60.0 51 Pop — up heads 12 ",uampkte in place, compels in Place 147 EA 9 25.00 $ 3,675.00 3 2000 5 2,940.00 $ 67.0 5 9,849.00 52 Valves 1 ", complete 1391840 2 EA $ 90.0 5 1800 5 6000 5 120.0 S 125.0 5 2500 5 8625 5 172.50 53 Volts 1Y", complete in plan. 2 EA $ 1200 $ 240.0 5 900 5 1800 $ 1500 5 30000 5 11$0 $ 23000 54 Sleeves 4 ", complete inpleo. 1,175 IF 5 500 9 5,87500 5 6.00 S 7,05000 $ 6,50 $ 7,637.50 5 460 5 5,40500 55 Laterals Class 20 PVC X ",complete in Place. 1,116 1F 5 060 I 66960 5 1.45 5 1,61520 5 125 5 1,395.0 I 0.511 $ 647.28 56 ]alaals Class 20 PVC 3/4 ", c0mPle0 in 93848. 907 LF 5 090 5 816.30 $ 1.70 5 1,541.90 3 1.50 0 1,360.50 $ 087 5 78909 57 Laterals Class 20 PVC 1", complete in place. 326 LP I 1.20 $ 391.20 S 1.90 9 619.40 5 2.00 5 6520 5 1.15 8 37490 58 Laterals Class 20 PVC 1 '/, ", complete in place 155 IF 0 1.50 5 23250 5 2.30 S 35650 5 250 S 387$0 9 144 $ 22220 59 Laterals Class 20 PVC 1'h ", complete in plan. 141 IF $ 1.80 S 253.80 $ 270 $ 380.70 5 250 9 352.50 $ 373 S 293.93 60 laterals Class 20 PVC 2", complete in place. 46 LF $ 240 $ 110.40 9 342 S 156.40 S 3.00 $ 1350 S 2.30 9 105.80 radxls 12,20/01 9:34 AM d, Associates lits Chasse Contracting Round Rock, TX Bid Bond YES Addendum, YES R. Desk Construction Co. Round Rock, TX Bid Bond YES Addendum, YES Austin Filter Systems, Inc Austin, TX Bid Bond YES Addendum, YES Myers Construction Wimberley, TX Bid Bond YES Addeudums YES 61011m Quantity VMS 010 Price Cost Unit Price Cwl Unit Price Cwl Unll Pales Cost 61 Mainline 2" Schedule 40, cnmplcie in place. 20 LF $ 270 $ 54.00 $ 3.60 $ 7200 5 300 $ 60.00 a 259 $ 51.80 62 Traffic rated floor drain, complete in phxe. 1 EA 5 36000 $ 36000 $ 1,000.00 $ 1,00000 $ 1,000.00 $ 1,000.00 S 2500.00 $ 2,500.00 Total Bose Bid (Items I through 62 : i S 685,627.00 Add Alternate Bid 1 2 "IMAC Pavement Replacemaru (Type D) (allpevmcnl on Main Slreel within project Moro), 0,06.ding ABReguircd Flexible Has, empiric in place 3,694 SY $ 1650 $ 60,951.00 5 10.00 $ 6649200 $ 23.50 $ 86,80900 tt" 2 Bore and Jack 18" RCP, Including Bore Pits, complete in place. 44 IF $ 34000 $ 19,960.00 $ 25000 $ 11,06.00 $ 282.00 3 12,408.00 5 16000 $ 7,04000 3 Plainer A(Quick Crete Baja Scrim 36" x 30" or approved equal), complete in place. 22 EA $ 86.6 $ 17,666 $ 580.80 1 12,77760 $ 86000 S 18,9206 S 700.00 $ 15,46.6 4 Planter (Quick Crete Baja Series 24" x 20" or approved equal), complete in place. 52 EA $ 4406 $ 22,880.00 5 307.20 $ 15,97490 E 570.00 $ 29,640.6 S 70000 $ 36,400.00 5 Planter C(Quick Crete La Pax Series 36 "x 16" or approved equal), 0003100 in place. 21 EA $ 6806 $ 19,2806 $ 486.00 $ 10,206.6 S 77000 S 16,17000 $ 76.6 S 04,700.00 6 Planter 0(Quick Crete Raja Scrim 48" x 56" or appru8W equal). complete in Place. 2 EA $ 9706 $ 1,940.6 5 766 9 1,46.6 S 1,000.6 $ 2,000.00 S 700.6 $ 1,400.6 7 Shipphtg &Handling kr Plmim, complete in place, 1 IS $ 560.6 $ 56000 $ 2,06.6 5 2,000.6 S 666 $ 666 0.6 5 4,00 E u0 8 Stepping Stones (Pavestone or approved equal)Brickr 16 "x16 ", complete in place. 45 FA E 2800 8 1,260.00 S 3502 S 1,57500 $ 8.10 E 364.50 $ 2006 $ 9,000.00 9 Kiosk, m,3151e in place. 2 EA 8 19,000.00 $ 38,000.6 $ 9,566 $ 19,0006 $ 13,300.00 5 26,6600 3 17,26.6 $ 34966 10 Trash Receptacle (DOMO Cast Iron or approved equal), complete in plan. 17 EA 5 1,26.6 3 20,46.6 $ 975.6 5 16,57500 $ 1,455.00 $ 24,735.00 5 1,03000 $ 17,31000 d, Associates lits Chaseo Contracting Round Rock, TX Bid Bond YES Addendum YES H. Deck Construction Co. Round Rock, TX Bld Bond YES Addendnms YES Austin Filter Systems, 1412. Austin, TX Bid Bond YES Addendnms YES Myers Construetion Wimberley, TX Bid Bond YES Adde.dnms YES Bid Dam Quantity Unll Unit Price Cost Unit Price Cal Unit Erica Cat Unu Price Cosi 11 Ash Um(DuMor Cam Icon Ash Recrymcle a approved equal), complete in Mena.. 16 EA $ 550.00 5 8,80000 $ 47500 E 7,600.00 $ 80000 $ 12,800.00 6 53000 E 8,48000 12 Bench(DUM. Cast Ison 6' Bench or approved equal), complete in place_ 30 EA S 1 ,200.00 E 36,00000 $ 97500 $ 29,250.00 $ 1,45500 5 43,65000 5 1,03500 $ 31,05000 13 Custom Casting of Star for all DuMor Products a approved equal. complele in place. 1 LS E 500.00 $ 50000 $ 2,50000 5 2500.00 S 200.00 S 200.00 6 1000 $ 1000 II Pink Crape /Ayala- 8' -10', complete in place. 5 EA $ 150.00 $ 75000 $ 27000 $ 1550.00 S 450.00 5 2,25000 5 151.63 5 75815 15 Indian Hawthorn 'Balkrina'- 5 gal., complete in place. 38 EA $ 18.00 S 68400 5 3400 $ 1,292.00 5 6200 6 2,356.00 $ 1861 S 70718 16 Indian Hawthorn `PiWOe'- 5 gal, complete in place. 28 EA $ 18.00 $ 504.00 5 34.00 S 952.00 $ 59.00 $ 1,65200 S 1861 8 52108 17 Dwarf Yaupon Holly -5 gal., complete in plane. 29 EA $ 1600 5 464.00 5 3400 5 986.00 $ 5900 $ 1,71100 5 1600 S 464.00 18 Crimson Pygmy Barbary -5 gal., complete in place. 10 EA S 1703 $ 170.00 S 3400 S 340.00 5 5900 5 590.00 5 17.52 $ 17520 19 Holly Fern -1 gal., mmpletein E$ 14 EA 4 700 $ 98.00 5 15.00 S 210.00 5 2000 5 364.00 5 639 9 89.46 20 Asphidisra Eliamr- I gal, complete in place. 13 EA 5 700 $ 9100 $ 15.00 $ 19500 S 2000 5 33800 $ 7.32 $ 95.16 21 Hnjo Santa 'Piper AwiMn' -5 gal, complete in place. 11 PA S 21.00 5 231.00 I 15.00 5 165.00 S 5900 S 64900 5 21.87 5 24057 22 Tmk's Cap- I gal, complete in plane. 3 EA S 7.00 S 2000 5 1500 $ 4500 5 2800 $ 84.00 $ 732 5 2196 23 Red Columbine -1gni., complete in plane. 6 EA $ 700 $ 4200 5 15.00 $ 90.00 5 2800 5 168.00 5 732 E 45.92 24 Lantana 'White Lighhmi' -4 PO., complete in place. 371 EA S 2.00 $ 74200 $ 2.00 6 74200 5 23.00 5 8 ,533.00 $ 1.83 5 67893 25 Trailing lanmu MOnlevideais -4" pon, complete in place. 38 EA $ 2.00 $ 7600 E 200 $ 7600 S 21.00 $ 79800 6 1.83 6 69.54 26 Verbena app. 'Puplc'- 4"pots, complete in place 450 EA S 200 5 90000 5 200 0 900.00 0 2300 5 10,350.00 $ 1.83 $ 823.50 27 Guam Li9Ope Ginanna- I gal., comp0e in place. 178 EA $ 6.00 5 1,068.00 0 1400 E 2,49200 $ 2100 6 3,738.00 1 5.65 I 1,0015.70 Chaseo Contracting Round Rock, TX Bid Bond YES Addeodnms YES IL Deck Construction Co. Round Rock, TX Bid Bond YES Addeml.ms YES Austin Filter Systems, Inc. Austin, TX Bid Bond YES Addendums YES Myers Construction Wtmberley, TX Bid Bond YES Addenduma YES BW Item Quantity Unit Unit Peks Cosi Unit Price Cast Unit Price Cost Unit Price Cost 28 Asian Jasmine -4 "pots, complete in pla4<. 6,098 PA $ 1.20 $ 7,317.60 9 200 S 12,196.0D $ 400 5 2439200 $ 1.32 $ 8,049.36 29 Blue Fbmbeg9- 1 gal., couple. in place. 97 EA 9 7.00 S 67900 $ 1600 $ 1,552.00 $ 28.00 $ 2,716.00 0 7.32 5 710.04 30 DwarfKalie Emilia- 4 "pots, complete in place. 39 PA $ 200 9 78.00 9 100 S 11700 $ 5.00 $ 195.00 $ 2.01 $ 78.39 31 Lanuoa'hem' - l gal, complete in place. 27 EA $ 500 5 13500 $ 1400 0 37800 0 21.00 $ 567.00 $ 118 $ 139.86 32 Lantana 'Whits Lighmin'- 1 gal., complete in place. 12 FA $ 500 $ 60.00 $ 14.00 S 16800 $ 2100 $ 25200 5 5.18 3 62.16 33 Lantana 'New Gold' -I gal, complete in place. 55 EA $ 500 $ 275.00 $ 1400 $ 77000 $ 21.00 9 1,15500 9 5.18 $ 284.90 34 Gulf MUNy- 1 gal., complete in place. 30 EA $ 7.00 $ 21000 $ 1400 $ 42000 S 31.00 $ 93000 $ 6.39 S 19170 35 Prostrate Rosemary -1 gal., complete in place. 39 EA $ 700 $ 27300 0 1400 $ 546.00 $ 2800 S 1,09200 $ 670 $ 261.30 36 Mass Verbena- 4 "pon,rompletein place 107 EA $ 200 $ 21400 $ 3.00 $ 32100 $ 3100 $ 3,317.00 $ 1.83 $ 195.81 37 ITrarfBarbedas Chevy -1 gal, complete in place. 5 EA S 8.00 9 4000 $ 14.00 $ 7000 $ 28.00 0 14000 E 8.19 $ 4095 38 Pink Skullcap-4" pas, complete in place. 38 EA $ 3.00 5 114.00 $ 300 $ 114.00 $ 6.50 $ 247.00 $ 2.50 3 95.00 39 Magenta Dianthus -6 "pots, remotete in place. 30 EA S 5.00 $ 15000 $ 5.00 S 15000 $ 6.50 5 195.00 5 5.18 5 155.40 40 Winecup -4" pots, complete in place. 48 EA S 3.00 5 14400 0 350 9 168.00 $ 7.50 $ 36001 $ 2.50 $ 120.00 41 Mecicar, Feather Grass -5 gal, complete in place. 10 EA 5 1900 S 190.00 $ 34.00 $ 340.00 $ 7700 $ 770.00 $ 19.68 9 196.80 42 Piro Muhty- 1411., cmnpletein place. 9 EA $ 9.00 $ 8100 $ I4.00 0 126.00 $ 2800 $ 25200 $ 9.26 $ 83.34 43 Tuks Cap- 5 gal., complete in place 8 BA 5 18.91 $ 144.00 $ 3400 $ 272.00 $ 9000 $ 720.00 $ 18.60 $ 148.80 44 Red Yucca 1 gal., complete in place 3 EA $ 6.00 3 1800 $ 1400 $ 4200 $ 28.00 $ 84.00 $ 5.65 $ 16.95 45 Texas Mock Orange- 5 gal, complete in place. 4 EA $ 22.00 $ 8800 $ 3400 5 13600 $ 9000 $ 360.00 $ 22.76 $ 91.04 Ckasro concocting Round Rock, TX Rid Bond YES Addendums YES H. Deck Construction Co. Round Rock, TX Bid Bond YES Addendums YES Austin Filter Systems, Inc. Austin, TX Bid Bond YES Addendums YES Myers Construction Wfmberlry, TX Bid Bond YES Addendums YES Bld Item Quantity Uoll Unit Prime COSI Unil Price Cart Unit Price Cost Unit Price Cal 46 Yarrow -4" Pots, complete in place. 9 EA S 100 $ 27.00 5 2.50 $ 22.50 0 6.50 0 58.50 $ 2.50 S 22.50 47 Bed Prep/ Plant Mix/ Excavation, complete in place. 119 EA $ 74.00 $ 8,806.00 $ 100.00 5 11,900.00 0 32.50 $ 3,867.50 S 75.73 3 9,011.87 98 Yaupon Holly -8' he. planter, complete in place. 2 PA S 16000 3 32000 $ 215.00 S 43000 $ 460.00 1 920.00 3 166.75 S 33150 49 Evergreen Mai488grss -5 gal in planter, complete. place. 19 EA $ 1900 1 26600 0 3400 I 47600 $ 5100 $ 742.00 5 1012 0 2676B 50 Dwarf Vauban Hilly- 5 gal.. planter, corm*. in place. a EA $ 16.00 $ 124.00 $ 34.00 0 272.00 1 53.00 0 424.00 $ 22.90 S 183.20 51 Prostrate Rmermay - Igal_in planter, complete in place. 33 EA S 7.00 5 231.00 $ 16.00 5 528.00 8 23.00 $ 75900 0 690 $ 221.10 52 foam linope -1 gal in planter, complete .plate. 26 EA $ 600 0 156.00 $ 16.00 S 416.00 $ 1800 $ 468.00 0 5.65 1 146.90 53 Blue Plumbaga- 1 gar in planer, complete. place. 8 EA $ 7.00 8 56.00 0 1600 $ 128.00 S 2300 0 18400 S 7.32 0 58.56 54 Holly Fon -1 gal. in planter, complete in place., 16 EA 1 600 0 9600 0 16.00 5 256.00 $ 2100 0 368.00 0 639 S 102.29 55 Moen Verbena- t gal. in planter, complete in place., 34 EA $ 6.00 0 204.00 S 1600 0 544.00 $ 2100 1 78200 $ 6.39 1 21926 56 Asian Jasmine - Igal..pls. , complete in plant, 33 Fi, S 400 1 132.00 0 1600 3 528.00 $ 1800 $ 594.00 0 3.73 8 123.09 57 Trailing Lantana - I gal. in planter, complete . place. 67 EA 0 5.00 0 335.00 5 1600 $ 1,072.00 0 1800 $ 1,20600 8 5.18 0 34705 58 Needlepoint English Ivy- 1 gal. in planter, sample 6 in place. 34 EA 4 7.00 $ 238.00 0 16.00 $ 544.00 S 25.00 0 65000 $ 732 $ 298.88 59 Silvery Sunproof Liriope -1 gal. in planter, complete in place. 34 EA I 6.00 0 204.00 S 1600 $ 544.00 5 21.00 $ 71400 S 6.39 1 217.26 60 Purple Fringe Plower - 1 gal.. plains, complete. place 14 PA 0 600 $ 84.00 0 16.00 0 224.00 $ 18.00 1 252.00 1 5.65 S 7010 61 Dwarf Fountain Grass -1 gat is planter, complete in place, 34 EA 1 6.00 1 204.00 0 16.00 S 544.00 0 23.00 0 782.00 $ 639 0 217.26 62 V. Japanese Siber Grass -5 gal. in planter, complete in place 13 EA 5 1600 $ 20800 $ 3300 $ 42900 0 2100 0 29000 $ 16.00 0 208.00 Bid Summary: Total Bare Bld (Items 1.62) Total AddAltenste Ctvil (Itemsl -2) Mims Base Bid (hem 8) Total (Base Bid & Civil Add Almgenate Bld) Total Add Aitmratc 000420ape (Items 3 -13) Total Add Allmnmc Laadscape(Iann 14.03) 492,126.80 25,911.00 50,912.50 522,12030 544,522.10 22,092.00 24,893.00 6 592,12610 162,22000 5 118,85800 31,22360 5 42,548.50 $ 685,627.00 3 99,217 00 f 23,261.50 S 261,012.50 125,629.50 86 ,244.00 225,478.35 110,139.54 50,932.50 284,200.39 122,250.00 32,656.81 Chaseo Contracting Round Rocky TX Bid Bond YES Addendoms YES B. Deck Construction Co. Round Rock, TX Bid Bond YES Addendoms YES Austin Filter Systems, Inc. Austin, TX Bid Bond YES Addeudums YES Myers Construction Wimberley, TX Bid Bond YES Addendum, YES 11114 Item Quantity Unit Bn1l Price Cast Bmt Prim Curl unit Prim Cost Unit Price Cost 63 Planter gravel, finer &plant mix, far planter pots, complete in plane. 91 EA $ 41.(0 $ 3,977.00 3 1000 $ 97000 $ 1700 E 1,64900 3 01.60 3 4,03520 Total Add Alternate Bid (Items 1 through 63): $ 269,854.60 ,. �G:kti 5 361,140.50 Bid Summary: Total Bare Bld (Items 1.62) Total AddAltenste Ctvil (Itemsl -2) Mims Base Bid (hem 8) Total (Base Bid & Civil Add Almgenate Bld) Total Add Aitmratc 000420ape (Items 3 -13) Total Add Allmnmc Laadscape(Iann 14.03) 492,126.80 25,911.00 50,912.50 522,12030 544,522.10 22,092.00 24,893.00 6 592,12610 162,22000 5 118,85800 31,22360 5 42,548.50 $ 685,627.00 3 99,217 00 f 23,261.50 S 261,012.50 125,629.50 86 ,244.00 225,478.35 110,139.54 50,932.50 284,200.39 122,250.00 32,656.81 BAKER- AICKLEN & ASSOCIATES, INC. Engineers /Surveyors 14 January, 2002 Chasco Contracting Inc. 16409 Bratton Lane Austin, TX 78728 Gentlemen: AMENDED NOTICE OF AWARD Re: City of Round Rock Historic Downtown Sidewalk Improvements Please let this letter serve as your Notice of Award for the above referenced City of Round Rock project. Your base bid plus add alternate bid item #1(in lieu of base bid item #8) and add alternate bid item #2 for a total contract amount of $522,170.30 has been accepted by the Owner, the City of Round Rock. In accordance with the Instructions to Bidders, seven (7) copies of the Contract Documents and Specifications are being forwarded to you for your execution of the Agreement and attachment of Performance Bond, Payment Bond and Certificate of Insurance within ten (10) days from the date of this letter. Please execute these documents in black ink only. Please forward all seven (7) copies of the Contract Documents and Specifications along with attachments back to me so that I may forward them to the City of Round Rock for execution. Subsequent to that, I will distribute fully executed copies to all parties. - Failure to comply with these conditions within the time specified will entitle the Owner to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. 203 E. Main St.. Suite 201 • Round Rack, Texas 79664 • 512/244 -9620 • FAX 512/244 -9623 Chasco Contracting, Inc 2 of 2 01/14/02 Please sign and return one copy of this Notice of Award to our office. Should you have any questions, please advise. Sincerely, Antonio A. Prete, E.I.T. AAP /aap Enclosures cc: City of Round Rock Public Works, William Dombrowolski Receipt of the above Notice of Award is hereby acknowledged by Chasco Contracting, Inc. this 11 day of-TAN. , 2002. By: Title: ACCEPTANCE OF NOTICE City of Round Rock Historic Downtown Sidewalk Improvements !IMO! -574 \ bid \ AmendcdNotice of AwardChasco.doc co DATE: January 10, 2002 SUBJECT: City Council Meeting — January 4, 2002 ITEM: 12.F.5. Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting, Inc. for the Downtown Sidewalk Improvements Project. On December 18, 2001, the City of Round Rock for this project received four bids. Base bids ranged from $497,176.80 to over $725,000.00. Resource: Jim Nuse, Director of Public Works William J. Dobrowolski III, Senior Engineer History: The existing Downtown streetscape, sidewalks, and pedestrian access enhancements were made in the downtown area approximately fifteen years ago. Baker — Aicklen & Associates, Inc., Team, (the Team) and City Staff have kept City Council informed on the project by making scheduled presentations. These presentations defined the Historical Downtown Sidewalk Improvements Project's Scope, design challenges, estimated construction cost, schedule, and impact on downtown business & visitors. December 18, 2001, the City received four bids for this project. Base bids ranged from $497,176.80 to over $725,000.00. The Team and City Staff recommend that the City Council accept all the bids as rectified on the bid tabulations in the agenda package and award civil section of base bid plus alternates # 1 & 2, with item # 8 netted out of the base bid. Funding: Cost: $522,170.30 Source of funds: General Self Financed Construction & 2000 CO Outside Resources: Baker — Aicklen & Associates, Inc., Team Impact: Civil construction items of the low recommended bid are within funds allocated for the construction of these items. Low bid contractor has worked well with the City of Round Rock on other bids awarded them by City Council. Benefit: Contract will be executed and construction will begin on schedule. Public Comment: N /A. Sponsor: N/A 1 1 1 1 1 1 1 1 13 1 1 1 CONTRAC'Y` DOCUMENTS AND SPECIFICATIONS FOR CITY OF ROUND ROCK HISTORIC DOWNTOWN SIDEWALK IMPROVEMENTS sszs- RoI-t/F5 Prepare} by. Baker- Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 November, 2001 Project No.: 0641-1 - 074 -11 I1 - Seders 1.0 - 6.0 Baker Aicklen & Assoedatge, Ena9brsjS BAKER - AICKLEN S ASSOCIATES. INC. E ngine ere/Surveyors 1. Change — Please make note of the following pre -bid and bidding date changes. The Pre -Bid will be held Tuesday, December 11 2001 at 3:00 p.m. at the City of Round Rock Council Chambers. Sealed Bids will be received until 3:00 P.M., Tuesday, December 18 2001 at the City of Round Rock Council Chambers. 2. Attached is the "Revised" Notice to Bidders NB -1R. All bidders shall replace page NB -1 of the Contract Documents and Specifications, with the attached NR -1R. All bidders shall acknowledge receipt of Addendum No. 1 on Page BD -32 of the proposal. Sincerely, A. William AWW:vmb Attachment: 1 CITY OF ROUND ROCK HISTORIC DOWNTOWN SIDEWALK IMPROVEMENT Project No. 0601 -2- 074 -21 November 28, 2001 0:1601.2 074- 21\SpecsWddendinr41 11 -28 -01 ADDENDUM # 1 203 E. Mein St.. Site 201 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 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 "City of Round Rock Historic Downtown Sidewalk Improvements" (including demolition of existing sidewalks, installation of new sidewalk pavers, curb and gutter, storm sewer, landscaping, and irrigation), will be received until 3:00 p.m., Tuesday December 18` 2001 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed Bid for City of Round Rock Historic Downtown Sidewalk Improvements ". 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 office of the Engineer, Baker - Aicklen, Inc., 203 East Main Street, Suite 201, in Round Rock, Texas (512 -244 -9620) beginning November 27th 2001 for a non - refundable charge of $ 50.00 per set. A pre - bid conference is scheduled for December 11th, 2001 at 3:00 p.m. at the City Hall Council Chambers. 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: "REVISED" NOTICE TO BIDDERS Austin American Statesman: Round Rock Leader: Monday, December 3rd, 2001 Monday, December 3rd, 2001 Monday, December 10' 2001 Monday, December 10th, 2001 NB - 1R 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BAKER- AICKLEN & ASSOCIATES, INC. Engineers /Surveyors CITY OF ROUND ROCK HISTORIC DOWNTOWN SIDEWALK IMPROVEMENT Project No. 0601 -2- 074 -21 December 13, 2001 ADDENDUM # 2 1. Revision - The following construction plan sheets have been revised. All bidders shall replace the following sheets with the revised sheets as noted below: Sheet Replace With C -3 of 15 C -3R of 15 C -6 of 15 C -6R of 15 C -8 of 15 C -8R of 15 C -l0 of 15 C -10R of 15 C -11 of 15 C -11R of 15 C -12 of 15 C -12R of 15 C -13 of 15 C -13R of 15 C -14 of 15 C -14R of 15 C -15 of 15 C -15R of 15 LA -7 of 8 LA -7R of 8 2. Correction - (Bid Item 50) - The pedestrian guardrail shown on Sheet LA -7 of 8 will not be used. The pedestrian guardrail to be used for the base bid is shown on Sheet C -15R of 15. The new quantity is 63 L.F. All bidders shall replace Sheet BD -18, of the Contract Documents and Specifications, with the attached BD -18R. 3. Correction - Section 5, Special Conditions, Section 02 -11, Deviations Occasioned by Utility Structures shall read as: 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 203 E. Main St., Suite 201 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 Addendum # 2 Project # 0601 -2- 074 -21 1 December 13, 2001 Page 2 Engineer, the Owner or Engineer will make arrangements with the owner of the utility to relocate the obstructing utility. The contractor shall coordinate as much as practicable the construction of the proposed improvements with any utility relocation work performed by others. Suspension of contract time for the relocation of utilities will only be considered when the utility conflict results in a significant delay to the overall schedule and completion of the project, as determined by the Engineer and the Owner. All bidders shall replace Sheet SC -4 and SC -5, of the Contract Documents and Specifications, with the attached SC -4R and SC -5R. 4. Addition - Section 5, Special Conditions, Section 7— Project Constraints. The addition of Item 7.6 shall read as follows: 7.6 — No construction activity shall impede the business operations of the Bo- Kay Florist for one week prior and including Valentines Day and Mothers Day. All Bidders shall replace Sheet SC -13, of the Contract Documents and Specifications, with the attached SC -13R. 5. Addition - (Bid Item 8) - Pavement replacement has been added for the accessible parking spaces on Lampasas Street. The additional quantity of pavement replacement is 124 SY. The new quantity is 2,263 SY. All Bidders shall replace Sheet BD -11, of the Contract Documents and Specifications, with the attached BD -11R. 6. Addition - (Bid Item 13) - Additional sidewalk pavers have been added at the southwest comer of Main Street and Sheppard Street. The additional sidewalk paver quantity is 75 SF. The new quantity is 17, 885 SF. Al] bidders shall replace Sheet BD -12, of the Contract Documents and Specifications, with the attached BD -12R. 7. Addition - (Bid Item 12) - Additional paver edge restraint has been added at the southwest comer of Main Street and Sheppard Street. The additional paver edge restraint quantity is 23 L.F. The new quantity is 837 L.F. All bidders shall replace Sheet BD -12, of the Contract Documents and Specifications, with the attached BD -12R. 8. Addition - (Bid Item 62) - The addition of one traffic rated floor drain, as shown on sheet C -11R of 15. Addendum # 2 Project # 0601 -2- 074 -21 1 December 13, 2001 Page 3 Sincerely, All Bidders shall replace Sheet BD -20 and BD -31, of the Contract Documents and Specifications, with the attached BD -20R and BD -31R. 9. Deletion - (Bid Item 9) - 36 SF of 2' concrete valley gutter has been deleted, as shown on Sheet C -11R of 15. The new quantity is 294 SF. All bidders shall replace Sheet BD -11, of the Contract Documents and Specifications, with the attached BD -11R. 10. Addition/Deletion - (Bid Item 24 and 25) - The steps in front of Kelly Cleaners have changed from 1 Riser /lTread to 2 Riser /2 Tread. The new quantity for Bid Item 24 is 135 L.F. and the new quantity for Bid Item 25 is 153 L.F. All bidders shall replace Sheet BD -14, of the Contract Documents and Specifications, with the attached BD -14R. All bidders shall acknowledge receipt of Addendum No. 2 on Page BD -32 of the proposal. A. William Wae AWW:vmb Attachment: 9 O: \601 -2 074- 21\ Specs \Addendum0 2 12 -13-01 ae y s OF Pq T4 it 0 A. WlvLeN. LLIAM W AELTZ A. 45 68220 i N 0:44 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 4. 2 EA Type II inlet protection, complete in place for dollars and cents. $ 5. 1 EA Internal inlet protection (grate inlet), complete in place for dollars and cents. $ 6. 1 LS Tree protection, complete in place for dollars and cents. $ $ 7. 1 LS Demolition, complete in place for dollars and cents. $ 8. 2,263 SY 2" HMAC pavement replacement (Type D), including all required flexible base, complete in place for dollars and cents. $ $ 9. 294 SF 2' concrete valley gutter, complete in place for dollars and cents. $ $ BD -11R Amount Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price 10. 1,789 LF Curb and gutter, complete in place for dollars and cents. $ $ 11. 222 LF 6" width stand -up curb, complete in place 13. 17,885 SF for dollars and cents. $ $ 12. 837 LF Paver edge restraint, complete in place for dollars and cents. $ $ Sidewalk pavers, including 1" sand cushion, 6" base course & subgrade preparation, complete in place for dollars and cents. $ $ 14. 1,428 SF Street pavers, including 1" sand cushion, complete in place for dollars and cents. $ $ 15. 1,428 SF 7" concrete subbase (street), including subgrade preparation, complete in place for dollars and cents. $ $ BD -12R Amount Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price 22. 2 EA Accesible ramp (Type I), complete in place for dollars and cents. $ 23. 5 EA Accessible parking sinage, complete in place for dollars and cents. $ 24. 135 LF Concrete step (1 riser/ 1 tread), complete in place for dollars and cents. $ $ 25. 153 LF Concrete step (2 riser/ 2 tread), complete in place for dollars and cents. $ 26. 80 SF 6" thick concrete valley gutter fillets, complete in place for dollars and cents. $ 27. 7 EA Building air vent concrete box with grate, complete in place BD -14R for dollars and cents. $ $ Amount Bid Item Description , Unit Item Quantity Unit and Written Unit Price Price 46. 1 LS Relocate two street light poles including all appurtenances, complete in place for dollars and cents. $ $ 47. 40 LF 2" electric conduit schedule 40 PVC, including end caps, complete in place for dollars and cents. $ $ 48. 1 LS Traffic control, including engineered traffic control plan, flaggers, barricades, signs and all appurtenances, complete in place for dollars and cents. $ 49. 977 LF Trench safety system, complete in place for dollars and cents. $ $ 50. 63 LF Pedestrian guardrail (with handrail), complete in place for dollars and cents. $ $ BD -18R Amount Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 57. 326 LF Laterals Class 200 PVC 1 ", complete in place for dollars and cents. $ 58. 155 LF Laterals Class 200 PVC 1 '/ ", complete in place for dollars and cents. $ 59. 141 LF Laterals Class 200 PVC 11/2", ", complete in place for dollars and cents. $ 60. 46 LF Laterals Class 200 PVC 2 ", complete in place for dollars and cents. $ 61. 20 LF Mainline 2" Schedule 40, complete in place for dollars and cents. $ 62. 1 EA Traffic rated floor drain, complete in place for dollars and cents. $ TOTAL BASE BID (Items 1 through 62): $ BD - 20R Amount Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 61. 34 EA Dwarf Fountain Grass — 1 gal. in planter, complete in place for dollars and cents. $ 62. 13 EA Var. Japanese Silver Grass — 5 gal. in planter, complete in place for dollars and cents. $ 63. 97 EA Planter gravel, filter & plant mix for planter pots, complete in place for dollars and cents. $ $ TOTAL ADD ALTERNATE BID (Items 1 through 63): $ TOTAL BASE BID (Items 1 through 62): $ TOTAL ADD ALTERNATE BID (Items 1 through 63): $ BD -31R Amount 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 Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. 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. SC -4R Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Owner or Engineer will make arrangements with the owner of the utility to relocate the obstructing utility. The contractor shall coordinate as much as practicable the construction of the proposed improvements with any utility relocation work performed by others. Suspension of contract time for the relocation of utilities will only be considered when the utility conflict results in a significant delay to the overall schedule and completion of the project, as determined by the Engineer and the Owner. 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 bid item `Traffic Control" and no additional compensation shall be given for complying with this Special Condition. SECTION 04 WARRANTY BOND A one (1) year Warranty Bond naming the City of Round Rock as obligee will be required for all construction. Warranty Bond shall remain in effect for one (1) year 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. SECTION 05 INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance SC -5R SECTION 07 — PROJECT CONSTRAINTS 7.1 The City of Round Rock will be hosting a Memorial Day festival on the 24 through the 26 of May 2002. Prior to the Memorial Day festival, the Contractor shall cease all work and ensure that all sidewalks are in place, having either the proposed pavers or the existing pavers. In addition, all street pavements shall be in place, having either the proposed pavement or the existing pavement. Lastly, there shall be no open trenches. The Contractor shall ensure the project Limits are thoroughly swept and free of debris and construction materials and suitable for use by the public for the Memorial Day festival. 7.2 The Contractor shall submit a traffic control plan to the Engineer, prior to construction. The traffic control plan shall be engineered by a licensed Professional Engineer in the State of Texas. 7.3 All weather pedestrian access shall be provided to all buildings, at all times. 7.4 The project demolition/construction shall be phased. The Contractor is to submit a demolition/construction phasing plan to the Engineer for approval, prior to construction. The demolition/construction of more than one section, as shown on the plans, at one time will not be accepted. 7.5 The contractor may temporarily block parking adjacent to the section in which demolition/construction is in progress. These parking areas may be used for the temporary staging of materials and equipment, during work hours. There shall be no overnight staging of materials and equipment. No spoils shall be staged with in the project limits. 7.6 No construction activity shall impede the business operations of the Bo -Kay Florist for one week prior,and including Valentines Day and Mothers Day. SC -13R TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 Instructions to Bidders Bid Bond Proposal Bidding Sheet 3.0 Post Bid Documents PBD -1 Agreement Performance Bond Payment Bond Certificate of Liability Insurance Warranty Bond 4.0 General Conditions GC-1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Landscape Planting LP -1 8.0 Landscape Irrigation LI -1 table.doc 1.0 NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for famishing all labor, material and equipment and performing all work required for the project titled "City of Round Rock Historic Downtown Sidewalk Improvements" (including demolition of existing sidewalks, installation of new sidewalk pavers, curb and gutter, storm sewer, landscaping, and irrigation), will be received until 3:00 p.m., Tuesday December 18`, 2001 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed Bid for City of Round Rock Historic Downtown Sidewalk Improvements ". 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 office of the Engineer, Baker - Aicklen, Inc., 203 East Main Street, Suite 201, in Round Rock, Texas (512- 244 -9620) beginning November 27th 2001 for a non - refundable charge of $ 50.00 per set. A pre -bid conference is scheduled for December 11th, 2001 at 3:00 p.m. at the City Hall Council Chambers. 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 Lords as cc:;crihed 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: "REVISED" NOTICE TO BIDDERS Austin American Statesman: Round Rock Leader: Monday, December 3rd, 2001 Monday, December 3rd, 2001 Monday, December 10 2001 Monday, December 10th, 2001 NB - 1R 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 famished 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 retumed within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. biddoc.doc BD -1 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after 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. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. 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 biddoc.doc BD -2 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.doc estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. BD -3 Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, Whereas, the Principal has submitted a bid for Signed and sealed this Witness Of Individual) Attest Attest Qj (Approved by the American Institute of Architects, A.1.A. Document No. A -310, 1970 Edition) Form S -3266-4 Printed in U.S.A. 12 -70 TM HARTFORD That we, Chasco Contracting, Inc. as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company, a corporation created and existing under the laws of the State of Connecticut, whose principal office is in Hartford, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock as Obligee, hereinafter called the Obligee, in the sum of 58 of the total amount bid. Dollars ( $ for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. City of Round Rock Historic Downtown 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 biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty 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. 1 8th day of Dec. A.D. 20 01 By Chasco Contracting, Inc. (Principal) By (SEAL) (SEAL) (SEAL) (SEAL) Robert Jame sche, Attorney -In -Fact (SEAL) v HART FOR D Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Inquiries Regarding Claims Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888- 266 -3488 Fax - Claims 860- 757 -5835 or 860 -547 -8265 E -mail claims@lstepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 1 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know at men by these Presents, That HARTFORD FIRE INSURANCE COMPANY. a corporation duly organized under the laws of the State of Connecticut and having its principal office in the City of Har9ord, County of Hartford. State of Connecticut does hereby make, constitute and appoint 1 1 qq 'ttss aue and lawful Attomey(9NrvFact, with ful power and authority to each of said Attorney(s)-in-Fact in their separate opacity if more than one O named above. to sign. execute and �dcnavledpe any and all bonds and undedaldngs and other writings obligatory In the nature thereof on behalf of the Company In Its business of guaranteeing the fidelity of parsons i Ilttcwlld places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the perfomance of Insurance contracts where surety bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or permitted in ore actions or proceedings or by law allowed. and 10 bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other railings obligatory in the nature thereof were igned by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one otter of such Officers, and hereby ratifies and confirms all that its said s).in -Fad may do in pursuance hereof. I( This Power of Attorney is granted under and by authority of the Bylaws of HARTFORD FIRE INSURANCE COMPANY. (the Company) as amended by the Board of Directors at a meeting duly called and held on July 9. 1997. as follows: a S ECTION 7. The President or any Vice President or Assistant Voce- President acting with any Secretary or Assistant Secretary shall have power and auticriy to sign and execute and attach the seal of the Company to bonds and undertakings, recongol sanes contracts of indemnity and other 'railings obligatory In to nature thereof, and such instruments I signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice- President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authorty to appoint for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Seaearies and Atomeys.n -Fact and at any time to remove any such resident Vice - President resident Assistant Seaeary, or Attorney -ha -Fac and revoke the power and authority r iven to him. Resolved. that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal stall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which t is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY teas caused these presents to be sighed by its Assistant Vice- President and is corporate seal to be e4h affo ed. duly attested by its Secretary, this 14th day of May; 1999. HARTFORD FIRE INSURANCE COMPANY t �aul A. Bergenhotz, Assistant Secretary STATE OF CONNECTICUT I COUNTY OF HARTFORD 1 1 this 14th day of May. AD. 1999. before me personally came Robert L Post to me known, who being by me duly sworn, did depose and say" that he resides In the County nford, State of Connecticut that he is the Assistant Vice- President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above nstrument that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so Weed by order of the Board of Directors of said corporation and that he signed his name thereto by like order" I. the undersigned. Secretary of HARTFORD FIRE INSURANCE COMPANY. a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force and has not been revoked and furthermore, that Article N, Sections 7 and 8 of the Bylaws of HARTFORD FIRE INSURANCE COMPANY. set font 1 n .9 the Power of Attorney, are now in force. " ned and sealed at the City of Hartford. Dated the 18th days December zo01 I s LitiltlAgt-g)& !there L. Marshall. Jr., Assistant Secretary l ore S -3507-9 (HF) Printed in U.S.A. SS. Hartford ROBERT JAMES NI7Sc HE, DAVID P. FERGUSON, VIOLET FROWN. NINA SMITI! and ROBERT K. NITSCHE of GIDDINGS TEXAS ARTICLE N CERTIFICATE /0/ Robert L Post Assistant Vice President Jess H. Wozniak Nomry Public My Commission Expires Jima 30, 2004 J. Dennis Lane. Assistant Voce Presided PROPOSAL BIDDING SHEET JOB NAME: City of Round Rock Historic Downtown Sidewalk Improvements JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock DATE: Tuesday, December 11 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 City of Round Rock Historic Downtown 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 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price (Civil Items) Amount 1 LS Mobilization, complete in place foiF One.:ThalcA.N.L dollars and I.I.Q cents. $J 1:11:),'t $ Si itO.iD 2. 200 LF Silt fence, complete in place for 'Two dollars and F"br cents. $2).4 $ L {SO,t9D 3. 1 EA Stabilized construction entrance/exit, complete in place for Qk- — Thousuu.-6-- dollars and hLo cents. $ mot) $ ) c o.( O Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 4. 2 EA Type 11 inlet protection, complete in place for rIN -�‘"■f dollars and ' No cents. $ $ t?30.6) 5. 1 EA Internal inlet protection (grate inlet), complete in place for D e - A.f dollars and cents. 6. 1 LS Tree protection, complete in place � for r`TFti�u� s R u d� oliars and No cents. 7. 1 LS Demolition, complete in place for iT-L∎Z i^ - dollars and cents. 8. 2.263 SY 2" HvIAC pavement replacement (Type D), including all required flexible base, complete in place fort T dollars and cents. BD -11R 161 STRUT'S& Amount stack $laO.c3D $ $4-, . C sQ�ap $CCo_6J $Fp 9. 294 SF 2' concrete valley gutter, complete in place for dollars and S i cents. $ � � . C C ) $ \ M ( 1 2 . 4 1 0 1 1 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1 10. 1,789 LF Curb and gutter, complete in place 1 for \ -Ve dollars and 1 1� ) cents. $L`�.(3V $_° ____ 1 11. 222 LF 6" width stand -up curb, complete in place I : 1 for :4*�iU dollars 1 and k‘.0 cents. $ Iq .0D $ _ _ I8_ _ 12. 837 LF Paver edge restraint, complete in place 1 for 1 1 v.-Q. dollars and o ce nts. $'J, CD $ t i - 1 (O, l0 I 13. 17,885 SF Sidewalk pavers, including 1" sand cushion, 6" base course & subgrade preparation, complete in place 1 for Feavr dollars and •o cents. $ s'IoLioz 1 14. 1,428 SF Street pavers, including 1" sand cushion, complete in place for - k-e, dollars 1 and t'l-� cents. $" 22 )i O $u"aQB,G0 I 15. 1,428 SF 7" concrete subbase (street), including subgrade preparation, complete in place 1 for dollars If and cents. $ 4-.'lD $CQritt,tor 1 BD -12R 1 ag ASCO TBACTING 1 Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount 16. 338 LF 6" x 10" concrete ribbon curb (street), complete in place for at dollars and EM} I cents. $ i .40 $�,st 17. 1,441 LF Variable width (4" - 6 ") concrete banding next to buildings, complete in place biddoc.doc for � SDr and t-t and BD -13 dollars cents. 18. 276 SF 4" thick concrete sidewalk, complete in place for dollars �� and Ei� y cents. $ ;2 $ l 3.44 -'Go 19. 580 SF 6" thick concrete pavement, complete in place for Fly dollars and i"\k) cents. eL CO 20. 893 LF Trench street repair, complete in place for Tub y to dollars cents. 21. 14 EA Accessible ramp (Std.), complete in pce place Lu.fr..( 4 dollars and MA-. cents. $Q3. o si4D 3Q.k3.0 40.1 $5, ?iio, 'HA SCO HTRACTIHG Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 22. 2 EA Accesible ramp (Type I), complete in place tt rr for . t40 I ollars and cents. $5:30. $ -00 23. 5 EA Accessible parking sinage, complete in place 1 1 1 _,� for Wo t 1.0aYt.1P�.+ dollars and cents. $ a10 00 $ 1 24. 135 LF Concrete step (1 riser/ 1 tread), complete in place for tyT'We. and , o dollars cents. Amount 25. 153 LF Concrete step (2 riser/ 2 tread), complete in place for 5 11`l o � dollars S and ✓ cents. $ • $ \a .lit 26. 80 SF 6" thick concrete valley gutter fillets, c omplete in place for F `U dollars d r_ and cents. $ -✓ (SID $ "LC7c30 27. 7 EA Building air vent concrete box with grate, complete in place , for 71 x -1 ac °-4L dollars and 1■10 cents. BD -14R $locO,oc $ i dOIASCO BINIMINTONTBACTINC Bid Item Description Item Quantity Unit and Written Unit Price 28. 3 EA Sealant and backer rod at library air vents, complete in place for 5%'c !i'Y/v.g dollars and N o cents. 29. 3 EA 3' x 3' concrete junction box with cast iron curb inlet, complete in place ac for 1 �' ' dollars and /v 0 cents. 30. 1 EA 2' x 2' grate inlet, complete in place for ©r2 /kwvS 4 '^O 4 dollars and /J c7 0o 0 cents. $ 31. 6 EA 4' diameter standard SSMH, complete in place I for $ iec lied dollars and ii\) (9 cents. biddoc.doc BD -15 Unit Price $ 0 $ Tho $ / 6 00 $ 960 32. 59 LF 6" ductile iron, CL 200, complete in place for F Tw ° dollars t f 2- ^ Z`I "? 5' and 1 cents. $ $ 33. 117 LF 6" schedule 40 PVC, complete in place for 11A)c ` dollars and Dv 2 cents. $ 3 7 $ `f 3 Z/ El Mgc TIHO Amount $ 18 $ $ 100 Bid Item Description Item Quantity Unit and Written Unit Price 35. 2 EA 6" schedule 40 PVC clean out, complete , in place for O /11... 1 1 'f I ) dollars and N o cents. 36. 7 LF 8" trench drain, c o� to in place O t for es. ✓41 Er, t dollars and /J a cents. 37. 44 LF 2' trench dratomplete 'n place for F✓f-I t.) ∎ r -- dollars and I 4. cents. 38. 19 LF Down spout trench drain, complete in place " for t" I� "r'I 0 dollars biddoc.doc and /J cents. BD -16 Unit Price $ i 1 39. 1 LS Core existing concrete flume, complete in place �J for 5r K - dollars and /• cents. $ 6o E. ® ��a+iulscG 1i0H AACTING Amount 34. 977 LF 18" RCP, Class III, complete in place for Fo✓117 Tido dollars and ND cents. $ Y Z $ y, o Jy _ $ I $ 3 4' $ /qr $ / $ 60556 $9( $ /?Z7 $ (o0 Bid Item Description Item Ouantity Unit and Written Unit Price 40. 24 LF Concrete encasement, complete in place for 1/47 r-Pa ✓ dollars and A) 9 cents. 41. 159 LF 4" wastewater SDR 26 (pressure rated), complete in place for /g dollars 3 Lr 51)88 and /\.)0 / cents. $ $ 42. 2 EA 4" schedule 40 PVC clean out, complete in glace for vsoty dollars O AP- and N cents. $ / 9 ! $ 3 D" 43. 1 LS 4" solid white stripping, complete in place for t II ff J∎ �Z/t 1J'^olfe° dollars and "3J cents. 44. 95 EA Wheel stops, complete in place biddoc.doc for T"O and )0 o cents. 45. 13 SF 5" thick concrete pad for U.S. Post for Ore - 1Ir v(r T llars and N o cents. dollars Office mail boxes, including anchor bolts and all appurtenances, complete in place BD -17 Unit Price Amount $ 3q $ 81V $ J' oO — $ )100 $ Lt22 $ ,w 4160 111LSCO HTBACTIKG Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 46. 1 LS Relocate two street light poles including all appurtenances, complete in place forTWD 1+.' $ "� and 'JO cents. Amount dollars $ 24 06-- $ Z4 47. 40 LF 2" electric conduit schedule 40 PVC, including end caps, complete in place for dollars and D cents. $ 2 4 $ 96 48. 1 LS Traffic control, including engineered traffic control plan, flaggers, barricades, signs and all appurtenances, complete in place for L 14 1414 "e dollars and // A119 cents. $ / 0 $ o av a 49. 977 LF Trench safety system, complete in place for 19a dollars q and LID cents. $ 1 $ G l 7 50. 63 LF Pedestrian guardrail (with handrail), complete in place (` ap t for & , 64J b dollars and N V cents. BD -18R 4114:= $ ?ISir' HASCO 6TONTBACTING Bid Item Description Item Quantity Unit and Written Unit Price Unit Price (Irrigation Items) 51. 147 EA Pop — up heads 12 ", complete in place forrTu. .Oii Ft dollars a n d NO cents. $ S CO $ 3,015, - 52. 2 EA Valves 1", complete in place for t\ki dollars and NO cents. $(10 ADO _ $180, 53. 2 EA Valves 1 Y2 ", complete in place for e l dollars and t4.0 cen s. $ 12,0.00 $5\ 54. 1175 LF Sleeves 4 ", complete in place for Five, dollars and 1N40 cents. $5, CO $ 5 i P/15• 55. 1116 LF Laterals Class 200 PVC %2 ", complete in place for a0 dollars and Si rhi cents. $ o(0 biddoc.doc BD -19 Amount 56. 907 LF Laterals Class 200 PVC 3/4 ", complete in place for ,+� ISO dollars and kVA: cents. $ Q O $i�[� t10 •30 8ASCO NTEACTIHG Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 57. 326 LF Laterals Class 200 PVC 1 ", complete in place for OW dollars and cents. $ t.9-0 $( .9JZ) 58. 155 LF Laterals Class 200 PVC 1 %4 ", complete in place for dollars and 4-i- 14 cents. $ 1. ,( - ) $ 23a no 59. 141 LF Laterals Class 200 PVC l%", complete in place for CM, dollars and eI ghti. cents. $ O $M5,50 60. 46 LF Laterals Class 200 PVC 2 ", complete in place for tt\ -- ei 5U - J0 dollars II 11 ^^ 1 and -tC Jr t .( cent $9N .` O $ 110, 61. 20 LF Mainline 2" Schedule 40, complete in place for 10 dollars and UP�'�V cents. $ $ '.1 y `i. CC 62. 1 EA Traffic rated floor drain, com in l ac , e ' � c for 11UF lt1.t ti , dollars n' and c nts. $ioO,c O $?�1 \& q � TOTAL BASE BID (Items 1 through 62): $ 4 G ? fig. BD -20R ;HASCO imiii0WMACTING Amount Bid Item Description Item Ouantitv Unit and Written Unit Price ADD ALTERNATE BID (Civil Items) 1. 3,694 SY 2" HMAC pavement replacement (Type D) (all pavement on Main Street within project limits), including all required flexible base, complete in place for St k dollars andQFi{'4Fy cents. (Hardscape Items) 3. 22 EA Planter A (Quick Crete Baja Series 36" x 30" or approved equal), complete in place forEl•4 h L .60..S . dollars and . •11 (.(A cents. Unit Price Amount $k4n0 s(O95l.cO 2. 44 LF Bore and jack 18" RCP, including bore pits, complete in place forA_CPA y dollars and 1.� D cents. $?I0k00 $1 $c,00 $11lco,00 4. 52 EA Planter B (Quick Crete Baja Series 24" x 20" or approved equal), complete in place ` (1 for{ 1 l.11.- �C7r'1i dollars and Mr) cents. $W.00 $A PS0,00 biddoc.doc BD -21 FIASCO MITONTIIACTIIIG Bid Item Description Item Quantity Unit and Written Unit Price 5. 21 EA Planter C (Quick Crete La Paz Series 36" x 16" or approved equal), complete in place forSY,LlftkftketOdy dollars and M • cents. Unit Price Amount $Lc____ $ Ii1-,no,00 6. 2 EA Planter D (Quick Crete Baja Series 48" x 36" or approved equal), complete in place for 1%VU Iu.0 lita- .QS)P f dollars and MO cents. $et $ I�a�fl�l�D 7. 1 LS Shipping & Handling for Planters, complete in place for Fl dollars and cents. $ i. cO D $ 51110,00 8. 45 EA Stepping Stones (Pavestone or approved equal) Brickface 16 "x16 ", complete in place for N P_1 dollars and k o cents. $ 9. CD $1)3k0,00 9. 2 EA Kiosk, complete in place forliikti \o_T-tl - .dollars and L W cents. $1.%. a0J 10. 17 EA Trash Receptacle (DuMor Cast Iron or approved equal), complete in place forOkf',br$Ai 4. - dolls and cents. $_l $a0 I£O,OD biddoc.doe BD -22 61,11ASCO LTORTIIACTING Bid Item Description Unit Item ua Unit and Written Unit Price Price Amount 11. 16 EA Ash Urn (DuMor Cast Iron Ash Receptacle or approved equal), complete in place p for "UQ, \-(u t�1.! �-Et dollars and c EICO $B j ) 12. 30 EA Bench (DuMor Cast Iron 6' Bench or approved equal), complete in place forQnnr035tuatwoM�o tars and cents. 13. 1 LS Custom Casting of Star for all DuMor Products or approved equal, complete in place uu� for �`i �, lvaYaIat. dollars and ISD cents. (Landscape Items) 14. 5 EA Pink Crape Myrtle — 8' -10', complete in pp"l��ac��e n(� n(� for r lW �(RY 2.�'i Tki dollars and Nt0 cents. 15. 38 EA Indian Hawthorn `Ballerina' — 5 gal., complete in place for E L3 *e.2Vl dollars and t4c) cents. $ IS.cO $ (64. OO 16. 28 EA Indian Hawthorn `Pinkie' — 5 gal., complete in place for E n2Y� kte dollars and J 11/4Lc cents. $ I8.00 $ 504-00 biddoc.doc BD -23 R ASCO KTBACTIHS Bid Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 17. 29 EA Dwarf Yaupon Holly— 5 gal., complete in place for Sl I *P;F I . dollars 11 --,, `` and MO cents. $ ��D. CCD $ ��tfJ`t', co 18. 10 EA Crimson Pygmy Barberry — 5 gal., complete in place for dollars l 11 and t\.o cents. $ { '.CO $ 4to.c,c) 19. 14 EA Holly Fern — 1 gal., complete in place for - e 2 6- dollars n�1 and t.O cents. $1 DO $ .CO 20. 13 EA Asphidista Eliator —1 gal., complete in place for SueN, dollars r � n and KL O cents. $ t , $ q ( .00 21. 11 EA Hoja Santa `Piper Auritum' — 5 gal., complete in place forIUD2 ■01\2_i dollars and tlo cents. al l .00 $ r� pe)< <CO 22. 3 EA Turk's Cap — 1 gal., complete in place forte dollars n !� and 14.0 cents. $ f •C0 $ t. D 23. 6 EA Red Columbine —1 gal., complete in place for P dollars and 1 'L0 cents. $'.CO $ W A.CO biddoc.doc BD -24 i BASCC Ir�KTBACTIHG Bid Item Description Unit Item uantity Unit and Written Unit Price Price 24. 371 EA Lantana `White Lightnin' — 4" pots, complete in place for dollars and NO cents. $100 $n 25. 38 EA Trailing Lantana Montevidensis — 4" pots, complete in place for �0 50 dollars and 1J,b cents. $9 $fl(O.CO 26. 450 EA Verbena spp. `Purple' — 4" pots, complete in place for 1 6.)0 dollars and Ni-C) cents. $a• $900_(30 27 178 EA Giant Liriope Gigantea — 1 gal., complete in place for ,1 k dollars and U.O cents. $t..00 $ 28 6098 EA Asian Jasmine — 4 "pots, complete in place "^ for 4JU�'e_ and - WW I\A 29. 97 EA Blue Plumbago - 1 gal., complete in place biddoc.doc BD -25 cents. dollars i HASCO LIDERACTING Amount s a r 5111.0 for Y2-0 dollars �" and >ic cents. $ f .O $ W�9 .Cr) Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 30. 39 EA Dwarf Katie Ruellia - 4" pots, complete in place for T1.)-30 D dollars and cents. $a.O0 $ ' VI.CC 31. 27 EA Lantana `Irene' — 1 gal., complete in place for XVe.., dollars and cents. $S, CO $ 32. 12 EA Lantana `White Lightnin' — 1 gal., complete in place for t i , dollars and cents. 33. 55 EA Lantana `New Gold' — 1 gal., complete in place for t---'1 1 -e dollars and 1.4 — ) cents. $5.00 $115, co 34. 30 EA GulfMuhly— 1 gal., complete in place for Ufa dollars and O cents. ARIVII biddoc.doc 35. 39 EA Prostrate Rosemary - gal., complete in place for alt' ileh- dollars and !SO cents. $ .C70 $2( 1 3,M BD -26 Amount $ . DO sioani $rI m $a1O sso Bid Item Description Item Quantity Unit and Written Unit Price 36. 107 EA Moss Verbena — 4" pots, complete in place for l JO dollars and MID cents. $2 .00 $1 37. 5 EA Dwarf Barbados Cherry — 1 gal., complete in place for Eiy dollars p and �O cents. $ B co $ l iOZO 38. 38 EA Pink Skullcap — 4" pots, complete in place for 71.112,€. dollars and kID cents. $ S,00 $ CO 39. 30 EA Magenta Dianthus — 6" pots, complete in place for Five, dollars and ki,.f) cents. $C $ 15o .(L) 40. 48 EA Winecup — 4" pots, complete in place for 1 i and MO 41. 10 EA Mexican Feather Grass — 5 gal., com fete in lace �`'�` for t ' . dollars and nd cents. biddoc.doc dollars cents. 42. 9 EA Pine Muhly — 1 gal., complete in place for dollars n and t' ) cents. $"� BD -27 Unit Price Amount $6.00 $ ti-Morn $ \q,eo st O.an .CO 6 1 0 11SCO EMOTING Bid Item Description Item uantity Unit and Written Unit Price Unit Price Amount 43. 8 EA Turks Cap — 5 gal., complete in place for EIr�O `- dollars Q and cents. $ tB 44. 3 EA Red Yucca —1 gal., complete in place for S y dollars and Kip cents. $ U7.00 $ 18 ,e0 45. 4 EA Texas Mock Orange — 5 gal., complete in place for 111�€. `fTWO dollars p and I�l� cents. $19, X) $ O8 -00 46. 9 EA Yarrow — 4" Pots, complete in place for dollars and {DO cents. $3, CO $ Art CO 47. 119 cy Bed Prep/ Plant Mix/ Excavation, complete in place for SP ikiakt dollars and kin I cents. $ .0 $ _CC 48. 2 EA Yaupon Holly — 8' ht. in planter, complete in place for Skil dollars and cents. b ddoc.doo BD -28 $ $32D.c o 16i 1ASCO ELUTING Bid Item Description Item uantity Unit and Written Unit Price 49. 14 EA Evergreen Maidengrass — 5 gal. in planter, complete in place for 0.11 t?;Er\ , dollars and cents. $ fl .00 $f0 50. 8 EA Dwarf Yaupon Holly— 5 gal. in planter, complete in place for & •dollars and 1■1.0 cents. $ t(O.CO $ 51. 33 EA Prostrate Rosemary —1 gal. in planter, complete in place for dollars n and KO cents. $1.03 $ Mt .M Unit Price Amount 52. 26 EA Giant Liriope —1 gal. in planter, complete in place for SI dollars t and cents. $ lQ.00 $ hif7.tn 53. 8 EA Blue Plumbago —1 gal. in planter, complete in place l and cents. dollars $1,( 60, CO 54. 16 EA Holly Fern — 1 gal. in planter, complete in place for Si k dollars n and 1Ss� cents. $I0.cD $Qb,Ci biddoc.doc BD -29 f &INTRACTING ASCo Bid Item Description Item Quantity Unit and Written Unit Price 55. 34 EA Moss Verbena —1 gal. in planter, complete in place for Si dollars n and NO cents. $4) $ 10-: 56. 33 EA Asian Jasmine — 1 gal. in planter, complete in place for dollars and 6J,0 cents. $ t A - .QD $ t'- ,e0 57. 67 EA Trailing Lantana —1 gal. in planter, complete in place for Ft 1€. dollars and N.k.0 cents. $'✓.00 $ `T1v •C0 58. 34 EA Needlepoint English Ivy — 1 gal. in planter, complete in place for C�'AJe9i... dollars and MO cents. $'l Co $ ng d) 59. 34 EA Silvery Sunproof Liriope —1 gal. _ in planter, complete in place for Of. dollars ^ n 1 1 and cents. $ (NCO $ �1Ol. eo biddoc.doc 60. 14 EA Purple Fringe Flower — 1 gal. in planter, complete in place for Si and BD -30 dollars cents. Unit Price Amount $(0.00 $$ittso Ig I3gCTIHG Bid Item Description Item Quantity Unit and Written Unit Price 61. 34 EA Dwarf Fountain Grass — gal. in planter, complete in place TOTAL BASE BID (Items 1 through 62): for c; It dollars and cents. 62. 13 EA Var. Japanese Silver Grass — 5 gal. in planter, complete in place for € i_' dollars and ` cents. $ O,C0 $cQcB.aD 63. 97 EA Planter gravel, filter & plant mix for planter pots, complete in place for FrAl OY' dollars 1 ' ' and �� cents. $` M $ ?T TOTAL ADD ALTERNATE BID (Items 1 through 63): $ 2e.? g5 TOTAL ADD ALTERNATE BID (Items 1 through 63): $ �? BD -31R Unit Price Amount $ lo. . $amM Lc $ 4-7? 11 lie SCO SACTIIIG 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 one hundred eighty (180) calendar days after the date of the written Notice -to- Proceed. The bidder and the Owners agree that for each and every calendar day the work, or any portion thereof, remains incomplete after the one hundred eighty (180) calendar day period, the bidder shall pay the amount of Five Hundred Dollars ($500.00) per calendar day as liquidated damages, not as a penalty but for delay damages to the Owners. Such amount shall be deducted by the Owners from any payment due to the bidders. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. The undersigned acknowledges receipt of the following addenda: / Addendum No. 1 dated 1 l (2ff / 1 Received ((f 7 -4f/c' Addendum No. 2 dated [7.4(3 /c( Received 1 LL /(4/ Addendum No. 3 dated Received Respectfully Submitte Chaz Glace, CEO Title Chasco Contracting 512 - 244 - 0600 Name of Firm Telephone December 18, 2001 jjan 021.Abi%` Date biddue.doc BD -32 P 0 Box 1057 Round Rock, TX 78680 Address Secretary, if Contractor is a Corporation Susan A Merriman 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this 1 D day of , 200Pby and between the (Owner) CITY OF ROUND ROCK of the State of T as, acti through Robert Stluka, Mayor, thereunto duly authorized so to do, hereinafter termed the OWNER, and (Contractor) CIAPcSC0 CoP of (SOU Rx.y- , Texas, County of 1LLt Arose ro , 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 OWNER to commence and complete the construction of certain improvements described as follows: Base bid plus add alternate Bid Item #1 (in lieu of Base Bid Item #8) and add alternate Bid Item #2 for a total contract amount of $522,170.30. Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by Baker - Aicklen & Assoc., Inc., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within 10 calendar days after the date written notice to do so have been given to him, and to complete the same within "180" calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. postbid.doc City of Round Rock Historic Downtown Sidewalk Improvement PBD -1 1 1 1 1 1 IN WITNESS WHEREOF, the parties to these presents h Agreement in the year and day first above written. HTS$CTIHG CITY OF ROUND ROCK, TEXAS (OWNER) 1 1 atutte) ATTEST: City Secretary 1 1 1 1 1 Corporate Seal 1 1 1 1 1 postbid.doc Signed: PBD -2 (CONTRACTOR) BY: it A. Stluka C4 I j( � Mayor �.�[ (Typed name) ATTEST: its inarvviA4— Secretary, if Contractor is a Corporation or otherwise registered With the Secretary of State (The following to be executed if the Contractor is a Corporation.) I, SUSAN A. MEP12-1m nN , certify that I am the Secretary of the Corporation named as Contractor herein; that c 4{ P.2 c, A c , who signed this Contract on behalf of the Contractor was then c, a ,v. (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. 1 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 1 1 1 A THE STATE OF TEXAS postbid,doc PERFORMANCE BOND City of Round Rock Historic Downtown Sidewalk Improvement PBD -3 Bond#: 65BCSBH0224 COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Chasco Contracting of the City of Rand Rock . County of Williamson , and State of Texas , as Principal, and Hartford Fire Insurance authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firnily bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Five Hundred Twenty -Two Thousand One l-f droll Seventy & 30/100. dollars (5 522,170.30 ) 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 , 2001 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: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of January ,11X•2002. Chasco Contracting Principal By Title Address Address P.O. Box 1057 Round Rock, TX 78680 Houston, TX 77210 -4611 Resident Agent of Surety: Robert K. Nitsche : Insurance Network of Texas Printed Name 143 East Austin Street Address Giddings, TX 78942 City, State & Zip Code Signature ,, L' /r .�, / postbid.doc c cM Ut.Ace By PBD - 4 Hartford Fire Insurance Surety Violet Frosch Title Attorney -in -Fact P.O. Box 4611 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Chasco Contracting , of the City of Rand Rock , County of Williamson , and State of Texas as Principal, and Hartford Fire InAuthorized 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 Flay appear, all of whom shall have the right to sue upon this bond, in the penal sum of Five Flundred Twenty -Two Thousand One Hundred and Seventy dollars and 30 /100 Dollars ($ 522,170.30 ) 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 , 2001, 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: PAYMENT BOND posttbid.doc PBD - 65BCSBH0224 City of Round Rock Historic Downtown 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 famished 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. 1 1 1 1 1 1 1 1 1 1, 1, 1 1 1 1 1 1 1 1 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 15th day of January , ' ^'- 2002 By Title Chasco Contracting Principal Address P.O. Box 1057 Round Rock, TX 78680 Resident Agent of Surety: Robert K. Nitsche ; Insurance Network of Texas Printed Name 143 East Austin Street Address Giddings, TX 78942 C!'ge-GLAce By City, State & Zip Code Signature postbid.doc PBD -6 Hartford Fire Insurance Surety Violet Frosch Title Attorney -in -Fact Address P.O. Box 4611 Houston, TX 77210 -4611 THEM' l I 1TFC3R D Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Inquiries Recording Claims Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888- 266 -3488 Fax - Claims 860- 757 -5835 or 860 -547 -8265 E-mail claims @I stepsurety.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 1 1 ' l aul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford 'COUNTY OF HARTFORD 1 1 • Hartford, Connecticut POWER OF ATTORNEY Bond/: 65BCSBH0224 Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut and having its principal office in the City of Hartford. County of Hartford. State of Connecticut, does hereby make, Constitute and appoint I Its true and lawful Attomey(s }in -Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate repack if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holdog places of public or private tmst guaranteeing the performance of contracts other than insurance porkies; guaranteeing the performance of insurance contracts where surety bonds are accepted by Males and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed. and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the acne extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said IAltomey(s)-in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY. ('91e Company) as amended by the Board of Directors at a meeting duly called and held on July 9, 1897, as follows: SECTION 7. The President or any Vice President or AssislaM Vice-President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recongniances, contracts of indemnity and other writings obligatory in the mane thereof. and such instruments 'so signed and executed, with or without the common seal. shall be valid and binding upon the Company. SECTION 8. The President or any Vice- President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and otter writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys -M-Fad and at any time to remove any such resident Vice- President- resident Assistant Secretary, or Attorney -In -Fact, and revoke the power and authority 'given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attomoy or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and.binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof. HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vtce-Preaident, and its corporate seal to be hereto affixed, duly attested by Its Secretary. this 14th day of May, 1999. 117 LA-40 L. Marshall, Jr., Assistant Secretary 'urm S -3507-9 (HF) Printed in USA. HARTFORD FIRE INSURANCE COMPANY ROBERT JAMES NI7SCHE, DAVID P. FERGUSON, VIOLETFROSCII, NINA SMITH and ROBERT K NITSCHE of GIDDINGS TEXAS ARTICLE IV CERTIFICATE HARTFORD FIRE INSURANCE COMPANY /OA Robert L. Post, Assistant Vice President On this 14th day of May, AD. 1999, before me personalty carne Robert L Post, to me known, who being by me duty y. that sworn. did depose and say: he resides M the County of It Word, Slate of Connecticut; that he Is the Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, the corporation described In and which executed the above strument that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seat that it was so affixed by order of the Board of Directors of Corporation and that he signed his name thereto by like order. Hartford. eed and sealed at the City of Hartford. Dated the 15th day of January lennH Wozniak otary N Public ce My Concession Expires Awe 30, 2004 I, the undersigned. Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF furthermore, remains in full force and has not been revokect and fuermore, that Artie IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY. sat forth the Power of Attorney. are now in force. 2002 4.1 ,C J. Dennis Lane, Assistant Vice President 1 CERTIFICATE OF LIABILITY INSURANCE 1 1 1 1 I CO TYPE OF INSURANCE POLICY LTR NUMBER IA 1 1 IA B 1 1 1 1 1 1 PRODUCER Insurance Network of Texas 143 East Austin Giddings, Texas 78942 -3299 INSURED D THIS IS TO CERTIFY THAT the Insured named above is insured 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. C ' postbid.doc Chasco Contracting P.O. Box 1057 Round Rock, Tx 78680 GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land EFFECTIVE EXPIRATION DATE DATE CON28343094 3 - 9 - 01 3 - 9 - 02 C0869926161 3 -9 -01 3 -9 -02 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS TC250413344 3 - 9 - 01 3 - 9 - 02 1 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS PBD -7 COMPANIES AFFORDING COVERAGE A Maryland Casualty Company B Kemper Group Commercial C Zurich Commercial LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE Date: 1 -15 -02 GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP /OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1, 000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 300,000 MED. EXPENSE (Any one person) $ 10,000 COMBINED SINGLE LIMrr $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ 1U,UUU,000 3$X13196900 3 -9 -01 3 -9 -02 AGGREGATE $ 10,000,000 The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGF AUTHORIZED REPRESENTATIVE Z Typed Name: Robert K. Nitsche Title: CFO $ 1,000,000 $ 1,000,000 $ 1,000,000 WARRANTY BOND BOND NUMBER 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. Sealed with our seals and dated this thousand and one. WHEREAS, the said Principal has heretofore entered into a contract with Dated , 2001, for 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(s) 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(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas postbid.doc City of Round Rock Historic Downtown Sidewalk Improvements PBD -8 AMOUNT day of , A.D. two 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 Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbid.doc PBD -9 4.0 GENERAL CONDITIONS 1 1 General Conditions of Agreement 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition 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 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.msbspec master GC -2 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. - Termination by Owner for Cause 11.02 - Termination for Convenience gencond.mstlspec 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 1.05 Written Notice 1.06 Work 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. 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. 1.07 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. 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. 1.10 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.mst/spec master GC -5 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. 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 gencond.mst/spec master GC-6 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 conceming 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 gencond.mst/spec master GC -7 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. 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 gencond.mst/spec master GC -8 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 perfonn the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. gencond.mst/spec master GC -9 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. Any questioned work may be ordered taken up or removed for re- examination by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be bome 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. 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 gencond.mst/spec master GC -10 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 fumished 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 concerning 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 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) gencond.msdspec master GC -11 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 fumished 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 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 gencond.mst/spec master GC -12 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. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and 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 gencond.mst/spec master GC -13 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 borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and 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 gencond.mstlspec master GC -14 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 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 gencond.mst/spec master GC -15 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 Attomey 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 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.mst/spec master GC -16 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: gencond.mst/spec 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. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. ( c) Texas must appear in Item 3A of the Worker's Compensation GC -17 gencondmst/spec master 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 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 govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) 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 -18 gencond.mst/spec master for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 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: (c) (t) 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 penod 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; 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. (g) (1) 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. The Contractor's failure to comply with any of these provisions is a breach of contract GC -19 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 -20 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. 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 gencond.mstlspec master GC -21 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 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 gencond.mst/spec master GC -22 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. 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. gencond.mst/spec master GC -23 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 famishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the 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 gencond.mst/spec master GC -24 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 fmal 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. 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. gencond.mst/spec master GC -25 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 be completed within the contract time. Other causes affecting the performance of the contract. g) 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. 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 gencond.mst/spec master GC -26 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 perfonn 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. 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 gencond.mst/spec master GC -27 more of the following methods: 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 maybe 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 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 gencond.mst/spec master Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or 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 %). GC -28 construction time, he shall make written request to the Engineer for written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to 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. 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 gencond.msdspec master GC -29 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: gencond.mst/spec master (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 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. GC -30 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 eamed by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all extra work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this agreement. 8. Subcontractors gencond.mst/spec master GC -31 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 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: gencond.mstispec master (1) preserve and protect the rights of the Owner and the Engineer under the GC -32 gencond.mst/spec master 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; 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. 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. GC -33 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 it and shall reimburse the Owner for all attomeys 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. gencond.mst/spec master GC -34 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: (1) all employees on the work and all other persons who maybe affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 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. (3) The following is a list of requirements in addition to federal, state, and local laws and ordinances: gencondmst/spec master 1. The Contractor shall furnish the City of Round Rock with a Certificate of GC -35 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 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. gencond.msdspec master GC -36 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: 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 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, gencond.mst/spec master GC -37 11.02 - Termination for Convenience gencond.mst/spec master 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. 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. 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 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 tenns 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: GC -38 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.msdspec master GC - 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 -01 ENGINEER 01 -05 LOCATION specond.mst/specs 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 $500.00 per calendar day. The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. S - 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. 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 retumed 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. 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 SC -2 specond.mstlspecs 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 financial resources. Contractor shall be entitled to no claim for damages or anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the 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. 02 - 06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. SC -3 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 Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. 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. SC-4R Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Owner or Engineer will make arrangements with the owner of the utility to relocate the obstructing utility. The contractor shall coordinate as much as practicable the construction of the proposed improvements with any utility relocation work performed by others. Suspension of contract time for the relocation of utilities will only be considered when the utility conflict results in a significant delay to the overall schedule and completion of the project, as determined by the Engineer and the Owner. 02 -12 CONSTRUCTION STAKING 3.18 Insurance 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 bid item "Traffic Control" and no additional compensation shall be given for complying with this Special Condition. SECTION 04 WARRANTY BOND A one (1) year Warranty Bond naming the City of Round Rock as obligee will be required for all construction. Warranty Bond shall remain in effect for one (1) year 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. SECTION 05 INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: SC -5R spxundmalspecs 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 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. SC -6 specond.nsuscea 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 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. SC -7 specond.msUspecs 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 -8 SECTION 06- WAGE RATES General Decision Number TX000043 Superseded General Decision No. TX990043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL BEXAR BRAZOS COMAL CORYELL GUADALUPE HAYS 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 0 County(ies): BELL BEXAR BRAZOS COMAL specond.mstlspecs CORYELL GUADALUPE HAYS MCLENNAN SUTX2042A 03/26/1998 AIR TOOL OPERATOR ASPHALT HEATER OPERATOR ASPHALT RAKER ASPHALT SHOVELER HATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER -PAVING CONCRETE FINISHER - STRUCTURES CONCRETE RUBBER ELECTRICIAN TRAVIS WILLIAMSON Publication Date 02/11/2000 TRAVIS WILLIAMSON SC -9 Rates 8.08 11.00 8.00 7.97 11.00 10.80 9.57 8.83 8.52 16.25 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 7.99 MECHANIC 12.15 OILER 11.40 SERVICER 8.44 PAINTER - STRUCTURES 10.00 PIPE LAYER 8.27 ASPHALT DISTRIBUTOR OPERATOR 9.70 ASPHALT PAVING MACHINE 9.26 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 MIXER 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 MDR 7.92 TRENCHING MACHINE, HEAVY 9.92 WAGON - DRILL/BORING MACHINE 8.00 specand.mstlspecs SC -10 Fringes Rates 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 1.) Has there been an initial decision in the matter? This can be: spxond.msuspecs WAGE DETERMINATION APPEALS PROCESS Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. SC -11 Fringes Unlisted classifications needed for work not included within the scope of the classifications listed maybe added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) 1 (ii)) • 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: Washington, D. C. 20210 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: specond.msVspecs Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 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: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are fmal. END OF GENERAL DECISION SC -12 SECTION 07 - PROJECT CONSTRAINTS 7.1 The City of Round Rock will be hosting a Memorial Day festival on the 24 through the 26 of May 2002. Prior to the Memorial Day festival, the Contractor shall cease all work and ensure that all sidewalks are in place, having either the proposed pavers or the existing pavers. In addition, all street pavements shall be in place, having either the proposed pavement or the existing pavement. Lastly, there shall be no open trenches. The Contractor shall ensure the project limits are thoroughly swept and free of debris and construction materials and suitable for use by the public for the Memorial Day festival. 7.2 The Contractor shall submit a traffic control plan to the Engineer, prior to construction. The traffic control plan shall be engineered by a licensed Professional Engineer in the State of Texas. 7.3 All weather pedestrian access shall be provided to all buildings, at all times. 7.4 The project demolition/construction shall be phased. The Contractor is to submit a demolition/construction phasing plan to the Engineer for approval, prior to construction. The demolition/construction of more than one section, as shown on the plans, at one time will not be accepted. 7.5 The contractor may temporarily block parking adjacent to the section in which demolition/construction is in progress. These parking areas may be used for the temporary staging of materials and equipment, during work hours. There shall be no ovemight staging of materials and equipment. No spoils shall be staged with in the project limits. 7.6 No construction activity shall impede the business operations of the Bo -Kay Florist for one week prior.and including Valentines Day and Mothers Day. SC -13R 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 inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS techspec.mst/spec.mascer NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard 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. 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. 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 TS -i. 2.01.2 BACKWORK 2.02 GRADING techspec.m Wspec. master 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. 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. ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK 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. TS -2 3.04 PROTECTION OF STAKES, MARKS, ETC. techspec.mst/spec.master All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the Contractor at the Contractor's sole expense. ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the Texas Manual of Uniform Traffic Control Devices and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 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 TS -3 his operations and storage of materials. ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP whspec.msUspec.mzsrer 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. TS -4 CITY OF AUSTIN STANDARD TECHNICAL SPECIFICATIONS Series 100 EARTHWORK 101 Preparing Right of Way 102 Clearing and Grubbing 104 Removing Concrete 110 Street Excavation 111 Excavation 120 Channel Excavation 130 Borrow 132 Embankment Series 200 SUBGRADE & BASE CONSTRUCTION 201 Subgrade Preparation 202 Hydrated Lime and Lime Slurry 203 Lime Treatment for Materials in Place 204 Portland Cement Treatment for Materials in Place 206 Asphalt Stabilized Base (Plant Mix) 210 Flexible Base 211 Recycling Existing Aggregate 220 Sprinkling for Dust Control 230 Rolling (Flat Wheel) 232 Rolling (Pneumatic Wheel) 234 Rolling (Tamping) 236 Rolling (Proof) 281 Termite Control SERIES 300 STREET SURFACE CONTROL 301 Asphalts, Oils and Emulsions 302 Aggregates for Surface Treatments 306 Prime Coat 307 Tack Coat 310 Emulsified Asphalt Treatment 311 Emulsified Asphalt Repaving 312 Seal Coat techspec.doc TS -5 SERIES 300 STREET SURFACE CONTROL (cont.) 313 Rubber Asphalt Joint and Crack Sealant 315 Milling Asphaltic Concrete Pavement 320 Two Course Surface Treatment 340 Hot Mix Asphaltic Concrete Pavement 341 Paving Fabric 350 Heating, Scarifying and Repaving 351 Rejuvenating Agent 360 Concrete Pavement 370 Concrete Pavers 375 Concrete Pavers for Sidewalk Ramps Series 400 CONCRETE AND STRUCTURES 401 Structural Excavation and Backfill 402 Flowable Backfill 403 Concrete for Structures 404 Pneumatically Placed Concrete 405 Concrete Admixtures 406 Reinforcing Steel 407 Fibrous Concrete 408 Concrete Joint Materials 409 Membrane Curing 410 Concrete Structures 411 Surface Finishes for Concrete 414 Concrete Retaining Walls 420 Drilled Shaft Foundations 424 Prestressed Concrete Planks 425 Prestressed Concrete Structures 430 Concrete Curb and Gutter 431 Machine Laid Curb and Gutter 432 Concrete Sidewalks 433 Concrete Driveways 434 Concrete Medians and Islands 435 Concrete Steps 436 Concrete Valley Gutters 438 Elastomeric Materials 439 Parking Lot Bumper Curb 461 Trash and Litter Coffins techspec.doc TS -6 Series 500 PIPE AND APPURTENANCES 501 Jacking or Boring Pipe 502 Tunneling 503 Frames, Grates, Rings and Covers 504 Adjusting Structures 505 Encasement and Encasement Pipe 506 Manholes 507 Bulkheads 508 Miscellaneous Structures and Appurtenances 509 Trench Safety Systems 510 Pipe 511 Water Valves 551 Pipe Underdrains 558 Structural Plate Structures 559 Concrete Box Culverts 591 Riprap for Slope Protection 593 Concrete Retards 594 Gabions Series 600 ENVIRONMENTAL ENHANCEMENT 601 Salvaging and Placing Topsoil 602 Sodding for Erosion Control 604 Seeding for Erosion Control 605 Soil Retention Blanket 606 Fertilizer 607 Slope Protection 608 Planting 610 Preservation of Trees and Other Vegetation 620 Filter Fabric 621 Diversion 622 Diversion Dike(DD) 623 Dry Stack Rock Wall (DS) 624 Earth Outlet Sediment Trap (EST) 625 Grade Stabilization Structure (GSS) 626 Grass -Lined Swale (GW) 627 Grass -Lined Swale with Stone Center (GWS) 628 Sediment Containment Dike techspcc.doc TS -7 Series 600 ENVIRONMENTAL ENHANCEMENT (cont.) 629 Brush Berm Barrier for Erosion Control (BB) 630 Interceptor Dike (ID) 631 Interceptor Swale (IS) 632 Storm Inlet Sediment Trap (IST) 633 Landgrading (LG) 634 Level Spreader (LS) 635 Perimeter Dike (PD) 636 Perimeter Swale (PS) 637 Pipe Slope Drain (PSD) 638 Pipe Outlet Sediment Trap (PST) 639 Rock Berm (RB) 640 Mortared Rock Wall (RW) 641 Stabilized Construction Entrance (SCE) 642 Silt Fence (SF) 643 Stone Outlet Structure (SOS) 644 Stone Outlet Sediment Trap (SST) 646 Tied Precast Revetment Series 700 INCIDENTAL CONSTRUCTION 701 Fencing 702 Removing and Relocating Existing Fences 703 Fencing for Excavations 704 Metal Beam Guard Railing 705 Remove and Relocate Existing Metal Beam Guard Railing 706 Bridge and Culvert Railing 720 Metal for Structures 721 Steel Structures 722 Paint and Painting 723 Structural Welding 725 Survey Markers Series 800 URBAN TRANSPORTATION 801 Construction Detours 802 Capital Improvement Project Signs 803 Signs and Traffic Handling 824 Traffic Signs 825 Street Name Signs 842 Pull Boxes rechspec.doc TS -8 Series 800 URBAN TRANSPORTATION (cont.) 843 Ducts 860 Pavement Marking Paint (Reflectorized) 861 Thermoplastic Pavement Markings 863 Reflectorized Pavement Markings 864 Abbreviated Pavement Markings 865 Nonreflectorized Traffic Buttons 866 Jiggle Bar Tile 867 Epoxy Adhesive techspec.doc TS -9 7.0 LANDSCAPE PLANTING LANDSCAPE PLANTING PART 1 - GENERAL 1.01 GENERAL CONDITIONS The requirements of the "General Conditions of the Contract" and of Division 1, "General Requirements," shall apply to all work of this Section with the same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK Fumish all labor, material, equipment and services necessary to provide all landscape planting, complete in place, as shown and specified. 1.03 QUALITY ASSURANCE A. Source Quality Control: 1. Submit documentation to Landscape Architect within fifteen (15) days after award of Contract that all plant material is available and has been purchased, contracted to be grown, or reserved. Contractor shall be responsible for all material listed on plant list. Any and all substitutions due to unavailability must be requested in writing prior commencement of construction. All materials shall be subject to inspection by Landscape Architect at any time after confirmation of ordering. 2. Plants shall be subject to inspection and approval of Landscape Architect at place of growth or upon delivery for conformity to specifications. Such approval shall not impair the right of inspection and rejection during progress of the work. Plant materials approved by the Landscape Architect shall be tagged with non - removable tags supplied by contractor with the project name. Tags shall remain until approval and acceptance of plant material on site. 3. Inspection and tagging of plant material by the Landscape Architect is for design intent only and does not constitute the Landscape Architect's approval of the plant materials in regards to their health and vigor as specified in Section 2. The health and vigor of the plant material is the sole responsibility of the Contractor. 4. The Contractor shall submit samples and/or specifications of any item being used on site as listed in section 2 herein. 5. Applicable standards for plant material shall be: a. American Standard for Nursery Stock, latest edition. b. American Joint Committee on Horticultural Nomenclature, latest edition. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery 1. Deliver fertilizer and other packaged materials to site in original unopened containers bearing manufacturers guaranteed chemical analysis, name, trademark, and conformance to State Law. Landscape Planting.doc LP -1 2. The Contractor shall furnish Landscape Architect with copies of receipts for all amendments specified in this Section. 3. Deliver all plants with legible identification labels stating proper botanical names and sizes indicated on plant list. 4. Protect plant material during delivery to prevent damage to root ball, trunks or branches, or desiccation of leaves. 5. The Contractor shall notify the Landscape Architect seven (7) days in advance of delivery of all plant materials and shall submit an itemized list of the plants in each delivery. 6. Department of Agriculture certificate shall accompany all grass seed and each delivery of sod used for solid sod or plugging to certify genetic identity and shall be furnished to Owner upon presentation of invoice. B. Storage: 1. Maintain and protect plant material not to be planted within twenty -four (24) hours in a healthy, vigorous condition. 2. Store plant material in shade and protect from weather. Contractor to provide all water and protection necessary to keep plant material from freezing or drying. 3. Tree delivery and installation shall be coordinated such that they are completed on the same day. Should planting be unavoidably delayed, Contractor shall protect rootballs with a covering material such as sand or mulch, keeping trees in an upright or inclined manner, or other manner acceptable to the Landscape Architect. C. Handling: 1. The Contractor is cautioned to exercise care in handling, loading, unloading and storing of plant materials. Plant materials that have been damaged in any way will be discarded and if installed, shall be replaced with undamaged materials at the Contractor's expense. 2. Under no circumstances is plant material to be handled by stem or trunk. All trees are to be handled with flexible straps secured around rootball. 3. Contractor to protect tree trunks and tree limbs from damage during planting with carpet or burlap strips. 1.05 JOB CONDITIONS A. Work continuously on the site with exception of bad weather delays until the project is completed and as called for in the General Conditions. B. Schedule: Install trees, shrubs, and liner stock plant material before lawn installation has commenced. Contractor to coordinate work with all other trades as stated in General Conditions. Landscape Planting LP -2 1.06 GUARANTEE AND REPLACEMENT A. All plant material installed under the Contract shall be guaranteed to remain alive and in healthy, vigorous condition for a period of one year after date of written Final Acceptance of project landscape installation. B. Replace all plant materials that are dead, dying, unhealthy or unsightly as determined by the Landscape Architect. Replacements shall be in accordance with the drawings and specifications and shall be guaranteed as set forth in Section A above. The cost of replacements is at the Contractor's expense. Material is to be replaced within fifteen (15) days of written notice by Owner or Landscape Architect. C. Warranty shall not include damage or loss of plants due to acts of God, theft, fire, acts of vandalism, or negligence on the part of the Owner, as determined by the Landscape Architect. D. Contractor shall remove all staking, guying and wrapping materials at the end of the guarantee period. PART 2- PRODUCTS 2.01 MATERIALS A. General: All materials shall be of standard, approved and first -grade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturers guaranteed analysis. Contractor shall supply Landscape Architect with a sample of all supplied materials accompanied by analytical data from an approved laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis. Contractor shall submit a list and manufacturers product information, including MSDS sheets, of all chemicals to be used on site to Owner for approval prior to any chemical application. B. Organic Amendment to be composted mulch as manufactured by "Living Earth Technology ", "Back -to- Earth Resources ", or approved equal. Submit sample and analysis for approval. C. Soil Amendments: 1. Soil sulfur: Agricultural grade sulfur containing a minimum of 99% sulfur (expressed as elemental). 2. Iron sulfate: 20% Iron (expressed as metallic iron), derived from ferric and ferrous sulfate, 10% sulfur (expressed as elemental). 3. Gypsum: Agricultural grade product containing 98% minimum calcium sulfate. 4. Pre - Emergent Herbicide: Surflan or approved equal. D. Fertilizer: slow release granular, percentages by weight, (Nitrogen, Phosphoric acid, Potash), mixed by a commercial fertilizer supplier. Fertilizers for lawns shall be slow release fertilizers. Submit sample and analysis for approval. E. Import Topsoil: Contractor to supply high quality imported topsoil of loamy character, high in humus and organic content from local agricultural source. Topsoil to be reasonably free from clay lumps, coarse sands, stones, roots, and other foreign matter. There shall be no toxic amounts of acid or alkaline elements. Red or Orange "sandy loam" will not be acceptable. Submit sample and analysis for approval. Landscape Planting LP -3 F. Import Backfill for Bemis (if required): Contractor to supply high quality, select imported backfill from local approved source (unless approved fill from Owner's stockpile is noted on drawings). Backfrll to be reasonably free from clay lumps, coarse sands, stones, roots, and other foreign matter. There shall be no toxic amounts of acid or alkaline elements. Submit samples to Landscape Architect for approval. G. Plant Material: Plants shall be in accordance with the Texas State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be full, well branched, well proportioned and symmetrical. Plants shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, and fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and have well shaped branching systems and vigorous and fibrous root systems that are not root or pot - bound. The Landscape Architect reserves the right to examine the roots of any plant material he determines questionable. Samples to be chosen randomly and shall be at Contractor's expense. I. Nursery Grown and Collected Stock: All material shall have been grown under climatic and soil conditions similar to those in locality of project. Container -grown stock shall be in vigorous, healthy condition, not root -bound or with root system hardened off, and shall have grown in container from seedling. Containerized stock shall be in vigorous, healthy condition, not root - bound or with root system hardened off, and shall have grown in container for a minimum of 8 months. Use only liner stock plant material that is well established in removable containers or formed homogeneous soil sections. 2. All ball and burlap trees shall have firm, natural root balls or sufficient size to encompass the fibrous and feeding root system necessary for full recovery and establishment of the plant. Cracked or soft or "mushroomed" rootballs will be unacceptable. Ball size shall conform to the latest edition of the American Standard for Nursery Stock. B &B materials shall be fun ly wrapped with biodegradable burlap. 3. Specimen Stock: When detailed on the Plant List, specimen shall mean exceptionally fully developed, bushy, and heavily branched plants that have been grown individually in the nursery. They shall surpass the normal standard for nursery stock in their density and maturity, and shall form a symmetrical, tightly knit plant or picturesque characteristic if indicated. H. Lawn Seed: All seed used shall be high quality, extra fancy, treated lawn type seed at 98% purity and 85% germination, and shall be furnished in sealed standard containers with signed copies of a statement from the vendor certifying that each container of seed delivered is fully labeled in accordance with the Texas State Agricultural Code and is equal to or better than the requirements of these specifications. Lawn seed to be free of weed or noxious grass seeds. Lawn seed shall be "Jackpot" Bermuda grass. Submit sample and analysis for approval. Sod: Sod shall be Bermuda 'Tiff 419' as available from Crenshaw - Douget Turf Farm or approved equal. Provide full, dark green, uniform, strongly rooted sod in 16" x 24" strips free from weeds, undesirable grasses, diseases and pests. Sod shall be cut from the field no greater than 48 hours before planting. Roots of sod shall be kept moist. J. Guying and Staking Materials: Reference plans for tree staking details that apply to portions of the project. Landscape Planting LP-4 1. 8' -0" ht. Metal "T" stakes, dark green or black in color, approved by Landscape Architect. Contractor to install per detail on plans. 2. Wire & Cable: 12 gauge multi -strand galvanized wire will bed used for all trees 3" and below. 1 /8" diameter aircraft cable with cable clamps will be installed with all trees greater than 3 ". 3. Trunk Protection: 'A" diameter rubber hose, length as needed to protect trunk and branches of tree. Black in color. L. Tree Paint: Morrison Tree Seal, Cabort Tree Paint, or approved equal. M. Water: Furnished by Owner on site through irrigation system at hose bib locations; all hoses, transportation across site and other necessary distribution to be provide by Contractor. If irrigation system is not functional upon completion of planting provide whatever means necessary to insure that all material is watered and maintained, N. Mulch: 1. Tree and Pit Planted shrubs: Mulch shall consist of shredded hardwood bark mixture of varied lengths (1 " -3 ") such that when installed will form a mat resistant to erosion. Mulch to be partially decomposed and shall be free of sticks, stones, clay or other foreign materials. PART 3 - EXECUTION 3.01 INSPECTION A. Obtain Owner's certifications that rough grades to plus or minus 0.10' have been established prior to commencing planting operations. Provide for inclusion of all amendments, settling, etc. Landscape Contractor shall be responsible for shaping and fine grading all planting areas as indicated on plans or as directed by Landscape Architect. B. Verify location of all utilities prior to pit excavation and grading. Contractor is responsible for any damage to utilities and Owner's property. Coordinate with all other site contractors. C. Inspect trees, shrubs and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. Do not begin planting of trees until deficiencies are corrected or plants replaced. D. Quantities shown on the plans are for the convenience of the Contractor. In case of discrepancy between the plant list and the plans, the plans shall govern. The Contractor is also responsible for determining the quantities needed to complete the installation to the full extent dimensioned on the drawings. E. An automatic underground irrigation system is part of the Contract. Contractor may coordinate the work to allow for the use of the system to irrigate the work in progress. Failure to adequately coordinate the work shall not relieve the Contractor of the need to provide water to landscape material up until Final Acceptance of the work. Landscape Planting LP -5 PREPARATION A. Soil Preparation: 1. Grades: Contractor to receive site at approximately finish grade unless otherwise noted on plan. Minor modifications to grade may be required by Contractor to establish fmal grade. Contractor will be responsible for removal of minor rocks and debris. 2. Soil Testing_ Submit soil test results to the Owner and Landscape Architect listing pH, fertility levels and percentages of sand, silt, and clay. From this, submit to the owner and Landscape Architect recommendations for soil amendments and fertilizers if different than those listed below. For bid purposes, use the soil amendment procedures listed. 13. Excavation: 1 Continuous planting beds, depth of excavation: 4" - 8 inches below finish grade One - gallon shrubs - 12 inches below finish grade Five - gallon shrubs - 16" below finish grade 2. Tree and shrub pit dimensions: depth: 1 -1/2 times the root ball (vertical sides) width: 1 foot wider than the diameter of the rootball 3. All excess soil excavated from beds to be disposed of in a lawful manner off site unless by written consent, the Landscape Architect directs the Contractor to supplement lawn area with approved excavated soil or provides a spoil disposal area on site. 4. Contractor shall fracture and break rock or clay if encountered in excavation and perform a drainage test. The tree, shrub, or planting pits shall be filled with water and shall drain completely within a 24 -hour period to be acceptable for planting. Notify Landscape Architect upon such occurrences. 5. Contractor to scarify bottom and sides of pit to ensure that glazing of clay pit does not occur. Contractor to be responsible to provide adequate drainage through shrub beds to prevent waterlogging of plants. Notify Landscape Architect if inadequate drainage in shrub beds occurs. C. Backfill Mix for planting is to be provided the standard plant bed mix as manufactured by "Living Earth Technology ", "Back -to -Earth Resources ", "Gardenville" or approved equal. 1. Contractor to provide 48 hours notice to Landscape Architect prior to mixing of any soil on site for approval of amendments and mixed soil. 2. If soils are mixed off site, contractor shall submit location of pre -mix and mix analysis for Landscape Architect. D. Pre-Plant Weed Control: 1. Spray weeds with a nonselective systemic contact herbicide, as recommended and applied by an approved licensed applicator. Landscape Planting LP -6 2. Clear and remove these existing weeds upon herbicide's completed action by grubbing off all plant parts at least 1/2" below the surface of the soil. 3.03 PLANT INSTALLATION A. Layout of Major Plantings: Tree locations and outlines of planting beds shall be marked on the ground by the Contractor before any plant pits are dug. The Landscape Architect shall approve all such locations. If underground construction or utility line is encountered in the excavation of planting areas, other location for planting may be selected by the Landscape Architect. B. Planting of Trees and Shrubs: 1. Protect all areas from excessive compaction when trucking plants or other material to the planting site. Protect existing site amenities during landscape operations. 2. Removal of containers: a. Remove bottom of plant boxes before planting. Remove sides of box without damage to root ball after positioning plant and partially backfilling. b. Remove top 1/3 of burlap from balled and burlap materials after setting plant. c. Remove all plastic fabrics, containers, ropes and wires from shrubs and tree canopies. 3. All plants shall be set upright and plumb in center of hole. Plants or trees in formal plantings shall be laid out according to dimensions on plans. Plants shall be set to give best appearance. All plants shall be set slightly above (no more than 2 "), or level with finished grade upon completion of planting operations. Adjust tree and shrub elevations should settlement occur. 4. Backfill pits immediately upon setting until hole or trench is one -half full. Hole should then be filled with water and tamped sufficiently to remove any air pockets. 5. Plant Tablets: a. After the water has completely drained, planting tablets shall be placed as indicated below: Three tablets per 15- gallon container Four tablets per 24" box or 2" tree Five tablets per 30" box or 3" tree Six tablets per 36" box or 4" tree Seven tablets per 42" box or 5" tree Eight tablets per 48" box or 6" tree Planting tablets shall be set with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified by the Landscape Architect. 6. Complete backfilling operations. Construct a 3" ht water retention basin around plant pit with topsoil. Apply pre - emergent herbicide. Spread minimum 3" deep specified mulch within tree basins and all pit planted shrubs. Spread minimum 3" deep specified mulch within all planting beds. Landscape Planting LP -7 7. Pruning: Trees shall be pruned and thinned out if there are too many internal branches. The trees should be open to allow more sunlight into the entire tree and too shape the tree. Weak crouches are to be removed. Remove dead or injured twigs and branches. Pruning may not be done prior to delivery of plants. Cuts over 3/4" in diameter shall be painted with specified tree paint. Trees that do not have a central leader will be rejected. 8. Staking: Staking of all trees shall be completed immediately after planting. All stakes shall be installed plumb and as indicated in details. 9. Planting of Shrubs (mass), ground covers and annuals: a. After excavation and scarification of planting bed, Contractor to fill bed with 4" specified backfill mix and apply Agricultural Gypsum at the rate of 50 lbs. /1000 S.F. complete backfilling with specified mix to finished grade. Edging, if specified, shall be installed at this time. b. Plants shall be installed in straight rows and evenly spaced to fill bed, unless otherwise noted, and at intervals called out in the drawings. Triangular spacing shall be used unless otherwise noted on the drawings. c. After installation of all shrubs, groundcover and annuals, plantings shall be watered thoroughly. Any settling of plants or finished grade that occurs shall be repaired prior to installation of mulch. Finished grade of planting beds to be 1/2" below finished grade of adjacent pavement or curb. d. After water has drained from planting, but not more than 24 hours later, Contractor to apply pre - emergent weed control according to manufacturer's specifications. e. Following pre - emergent weed control applications, Contractor to install specified mulch to full 3" depth over entire bed area. LAWN APPLICATION A. Coordination: 1. Install hydromulch, plug or sod after tree, shrub and groundcover installation is complete. 2. Contractor to coordinate with Irrigation Contractor to insure functional irrigation system prior to any lawn installation. C. Preparation: 1. Pre -Plant Weed Control: a. If weeds exist within proposed landscape areas at the beginning of work, spray with a nonselective systemic contact herbicide, as recommended and applied by an approved licensed applicator. b. Clear and remove these existing weeds upon herbicide's completed action by grubbing off all plant parts at least 1/2" -1" below the surface of the soil. Landscape Planting LP -8 2. Contractor to scarify ground surface to a minimum 2" depth remove all sticks, trash, rocks and other debris and dispose off site. 3. Contractor to rake entire area, leveling any imperfections in the grades left by site work contractor. Landscape contractor to ensure that there will be positive drainage and no ponding on site. Finished grade of lawn areas to be 1/2" below top of curbs, sidewalks and other pavements. Remove any large (greater than 1 ") dirt clods, rocks, and trash and prepare a smooth, level, loose and coarse surface. Landscape Architect to approve fine grading prior to any lawn installation. Lawn bed shall be moist (but not muddy) to receive seed, sod and plugs. C. Hydromulch Application_ 1. Lawn areas to be seeded immediately after preparation of the bed. Do not use pre- emergent herbicide in areas to be seeded. Apply a uniform coat of hydromulch at the rates specified in section 02905 GRASS ESTABLISHMENT. 2. Seed areas within seeding limits indicated on the plan and areas disturbed by construction operations. 3. Protect existing utilities (including irrigation system), plantings, paving and other site amenities from damage caused by hydromulching operations. 4. Immediately following application of hydromulch, the Contractor shall wash excess hydromulching material from previously planted materials, architectural features, etc. Care shall be exercised to avoid washing or eroding mulch materials from lawn area. D. Sod Installation: 1. Incorporate specified starter fertilizer at 2 pounds Nitrogen per 1000 square feet of lawn area for sodded areas. 2. Apply specified pre- emergent herbicide to fine graded areas prior to installation of solid sod. Do not use any Pre - emergent in areas to be overseeded with Rye Grass within three months. Use care to avoid wind drift or runoff to adjacent ornamental tree or shrub plantings. 3. Lay sod within 24 hours from time of harvesting. 4. Lay sod to form solid mass with tightly fitted joints. Butt ends and sides of sod strips; do not overlap. Stagger strips to offset joints in adjacent courses. Work sifted soil into minor cracks between pieces of sod; remove excess sod to avoid smothering adjacent grass. 5. Sod pads shall be of fullest size possible-no sod slivers or scraps will be permitted. 6. Finished grade of new sod shall be flush with adjacent lawn and pavement. Ensure positive drainage off all adjacent walkways and pavement. 7. Roll entire sodded area with sod roller. Water sod thoroughly. Landscape Planting LP -9 3.05 CLEAN -UP A. After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and/or the last working day of each week. All trash shall be removed completely from the site. B. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the Contract area, leaving the premises in a clean condition. All walks shall be left in a clean and safe condition. 3.06 MAINTENANCE A. General: 1. Maintain plant materials and lawn areas until fmal acceptance of the project. 2. Correct defective work as soon as apparent or as directed by Landscape Architect. 3. All debris (including clippings, leaves, etc.) shall be removed from project site. 4. Coordinate with irrigation contractor to ensure functional irrigation system Notify Landscape Architect should any conflicts arise. Hand water all areas that do not have automatic irrigation system until fully established. B. Trees, Shrubs, Groundcover and Annuals: 1. Maintenance shall include litter removal, watering, pruning, fertilizing, weeding and the application of appropriate herbicides, insecticides, and fungicides as necessary. Under no conditions shall shrubs be sheared (unless Contractor obtains written consent of Owner). 2. Corrective measures - tighten and repair guying and staking work, reset settled plants, remulch in order to maintain specified depths of mulch. C. Lawn Areas: 1. Maintain lawn areas, including watering, fertilizing, rolling, weeding, and application of appropriate insecticides, herbicides and fungicides, and reseeding, plugging or sodding per plan until a full uniform stand of specified grass is achieved. 3. Repair, regrade and reseed/replug/resod washed out or bare areas as required per original plan. 3.07 ACCEPTANCE A. The landscape will be reviewed provided all work is in compliance with specifications and drawings and all plants and lawns are in healthy vigorous condition. Inspection to determine substantial completion of planted areas and lawns will be trade by Landscape Architect upon Contractors request Landscape Planting LP -10 B. Substantial Completion will be granted when all plant material has been installed, hydromulching and sodding has been completed, and clean up on site has occurred. C. Final Acceptance will be granted when: 1. All trees planted on site that are deemed unacceptable have been replaced and a fresh layer of mulch has been installed in all mulch beds. 2. All shrubs and groundcovers planted on site that are deemed unacceptable have been replaced and a fresh layer of mulch has been installed in all bed areas disturbed by replacements. 3. Seeded or plugged lawns shall be considered acceptable when full established grass cover exceeds 95% of lawn area and no bare spots greater than two square feet exist. Lawn areas not meeting these criteria shall be repaired with original materials/methods specified on plans. Provide regrading as necessary. 4. All items listed on punch lists and field reports have been completed. 3.08 OBSERVATION SCHEDULE 1. Refer to General conditions for schedule of meetings, conferences, and inspection schedule. 3.09 EXPIRATION OF GUARANTEE PERIOD The Contractor shall be responsible for notifying the Owner 30 days prior to the expiration of the guarantee period (see section 1.06). The Contractor shall coordinate a meeting at such time with the Owner and Landscape Architect to inspect all plant material for its health. All plant material deemed dead or unhealthy is to be replaced at the contractor's expense and shall be guaranteed for a time period equal to that of the original guarantee. Contractor shall remove all staking, guying and wrapping materials at the end of the guarantee period. Landscape Planting LP -11 END OF SECTION 8.0 LANDSCAPE IRRIGATION LANDSCAPE IRRIGATION PART 1- GENERAL 1.01 RELATED DOCUMENTS A. The Drawings, Specifications, and general provisions of the Contract apply to work specified in this Section. 1.02 DESCRIPTION A. Work Included: Furnish and install an automatic landscape irrigation system, including all parts, labor and warranty as specified. The work includes: 1. All piping, fittings, sprinkler heads and accessories. 2. Valves, backflow preventer and fittings. 3. Controller(s) and control wire. 4. Permits and Fees. 5. Testing 6. Excavating and backfilling. 7. Pipe sleeves as required. 1.03 RELATED WORK A. Section 02490 - Landscape Planting 1.04 INTENT A. The Specifications indicate and specify a complete and efficient landscape irrigation system, which will operate in accordance with the specified equipment manufacturer's recommendations. Items not specified, but found to be necessary for a complete system, shall be furnished under this Contract. 1.05 PROJECT RECORD DOCUMENTS A. Prepare and maintain record documents for the project to accurately reflect the construction as built. Documents shall be submitted as required by this manual. B. Upon completion and conditional acceptance of the Work and all corrections, prepare a reduced schematic diagram of the system showing valve locations, section areas, and corresponding controller stations by number. Laminate and affix to the controller door or on the wall adjacent to the controller. Size to be 8 1/2" X 11" to 11" X 17" maximum. C. Provide record drawings on reproducible media. 1. Include dimensional locations of major components from permanent, fixed points such as buildings, walls, corners, sidewalks, curbs, etc. 2. Show two actual measurement dimensions with a minimum of seventy-five degrees between the lines of measurements to each major item of the system, such as electric valves, quick couplers, mainline shut -off valves, or wire splice boxes, etc. 3. Show single dimensions at appropriate intervals from permanent features to the mainline piping and to the wire routing. Record dimensions on the drawings so that maintenance personnel can locate and service these items. Landscape Irrigation.doc LI -1 4. Since pipe routing indicated on the Drawings is schematic by nature, actual routing shall be clearly indicated on the record drawing. Route all pipe within the landscaped areas and around the existing trees and canopies. 1.06 QUALIFICATION OF INSTALLER A. A Texas licensed and bonded landscape irrigator in good standing, approved by the Owner or his agent, with a minimum of five years continuous experience in installing systems of this type, and who is regularly engaged in installing landscape irrigation systems shall be employed for this Work. 1.07 PERMITS A. Obtain necessary permits and pay any related fees and taxes required by governing agencies. 1.08 JOB REQUIREMENTS AND CONDITIONS A. Prior to permanent pavement or erection or placement of other hard, solid objects. Install and stub water lines and/or sleeves as necessary for later connection. B. In some instances bores may be required under existing concrete paving or asphalt unless specifically allowed otherwise on the Drawings. C. There are no secured materials storage locations on site. The Contractor is responsible for providing adequate security for any materials stored at the site. 1.09 WARRANTY AND MAINTENANCE A. All materials and equipment shall be warranted in writing for a period of one (1) year after substantial completion against defects in materials and workmanship from their respective manufacturers. 1. All installation Work shall be warranted for a period of one (1) year against defective workmanship and handling by the installer. 2. Replace defective material and repair Work at no expense to the Owner during the first year, following Final Acceptance, except for repairs or replacements necessitated by damage of any kind not of the Contractor's making. 3. Raising and lowering heads to proper height, adjusting arc and radius, filling trenches that have settled, packing the earth firmly around the heads and quick couplers will be considered part of warranty Work and will be done at no charge to the Owner for one year after acceptance of the system. 4. Warranties shall become effective on the day the system is accepted by Owner. 1.10 DAMAGE TO PROPERTY A. Repair or replace any property damage inflicted in the course of the irrigation installation, without additional charge and before fma1payment. Included are damages to building, paving, structures, equipment, piping, pipe covering, utilities, sewers, walls, signs, sidewalks, irrigation and landscaping. B. The Irrigation Installer is responsible for damage caused by leaks in the piping systems and shall make repairs without charge. C. The Irrigation Installer is not responsible for damage to the system caused by others. 1.11 EXISTING CONDITIONS Landscape Irrigation.doc LI -2 A. Field verify all existing site conditions. Use the call -one center for field marking all existing utilities before excavation. The Contractor acknowledges that he/she has satisfied himself/herself as to the nature of the Work and to the quality of surface and subsurface materials or obstacles insofar as this data is reasonably ascertainable from an inspection of the site. Any failure by the Contractor to acquaint himself/herself with the available information will not relieve himself/herself from responsibility for estimating properly the difficulty or cost of successfully performing the Work. 1.12 EQUIPMENT TO EE INSTALLED A. All materials and sprinkler equipment shall be new and unused. 1.13 SUBSTITUTIONS A. All substitutions of equipment to be submitted to landscape architect for approvals before bidding. PART 2 PRODUCTS 2.01 SPECIFIED PRODUCT A. The irrigation system has been designed to provide optimum water amounts and methods of application for the specific plant materials used. Deviation from the zones indicated and the type of equipment used for applying water may only be allowed if the proposed substitution can be demonstrated to achieve the same result. B. With the purpose of establishing a minimum standard of quality and a minimum function and operational capability, the irrigation system has been designed specifically for the use of certain irrigation equipment as manufactured by specific manufacturers or approved equals. C. Pipe sizes have been determined by computation of pressure losses in the piping and the equipment based on the consumption and required operating pressure of the specified sprinklers. D. Substitution of sprinklers and/or irrigation equipment of another make cannot be approved without demonstrating that such substitution will not destroy the quality, operational requirements and intent of the designed irrigation system. 2.01 PIPE AND TUBE A. Irrigation lines: 1. PVC Pipe: All polyvinyl chloride (PVC) pipe shall be continuously and permanently marked with the following information: manufacturer's name, production control number, class of schedule number, type and grade of material and pipe size. a. Use PR -SDR 13.5, 315 psi pipe for 1 /2" pipe. b. Use PR -SDR 21, 200 psi pipe; all of type 1, Grade 2 material for all lateral lines from 3/4" to 4" c. Use Schedule 40 pipe for all areas under pavement for sleeves. 2.02 CONNECTIONS A. PVC Fittings: Use molded PVC fittings of the same material and pressure rating or schedule as the adjoining PVC pipe. Use fittings suitable for solvent weld, slip joint ring connections, or screwed connections, as required, too properly join PVC pipe. 1. Use PVC solvent primer (color - treated) on all PVC joints in preparation for of the solvent weld. 2. Use solvent cement of a type approved by the pipe manufacturer on all PVC connections. Landscape Irrigation.doc LI -3 B. Polyethylene nipples: Use polyethylene nipples at least four inches long for connection of shrub risers and pop -up heads to lateral lines. 2.03 SWING JOINTS A. All quick coupler valves shall receive triple swing joint riser assemblies. Schedule 80 PVC horizontal nipple connection attached to the main line side - outlet shall be a minimum of six inches (6 ") in length. Swing joints shall be as manufactured by King Brothers, Inc., or approved equal. B. All sprinklers shall receive swing joint assemblies, as manufactured by King Brothers, Inc., or approved equal. 2.04 REMOTE CONTROL VALVES A. Automatic remote control valves, electric solenoid. Provide electric remote control valves (RCV) as manufactured by Rainbird, PFB Series Master and Control Valves. 1. Use 24 -volt globe -type, diaphragm valves with glass- filled nylon bodies, 200 psi CWP rating, and suitable for underground burial without protection. 2. Valves shall be of "normally closed" type and incorporate water hammer attenuators in their design. 3. Valves shall have a manually operated flow adjustment device integral with or added to the valve. 2.05 OTHER VALVES A. Gate Valves: As manufactured by Watts Industries, Nibco, or approved equal. B. Quick Coupling Valves: Not applicable. 2.06 SPRINKLER HEADS A. Tree Bubblers: If applicable, Rain Bird 1300A -F full circle bubbler on 1806 pop -up nozzle. B. Shrub Spray Heads: Provide heads manufactured by Rainbird, 1812 SAM -PRS Series 12" Pop Up, MPR Nozzels w/ 8' -15' radius spray nozzles selected to provide matched precipitation for various arc heads, or approved equal. C. Turf Heads: Provide heads manufactured by Rainbird, 1804 SAM -PRS Series 4" Pop Up, MPR Nozzles w/ 8'- 15' radius spray nozzles selected to provide matched precipitation for various arc heads, or approved equal. D. Rotar Heads: If applicable, provide Hunter I -20, 4" pop -up heads with the nozzles called out on the irrigation legend. Nozzles selected to provide matched precipitation for various arcs or approved equal. 2.07 AUTOMATIC CONTROLLER A. Utilize existing controller at location as specified on the plans. B. If a new controller is required use a Rain bird ESP -8 MC controllers, mount on light fixture C. Provide RainBird Rain- Freeze switch to controller. 2.08 BACKFLOW PREVENTION DEVICES A. Utilize existing double -check valve. Landscape Inigation.doc LI-4 2.09 VALVE BOXES A. Provide a rectangular plastic box for enclosure of all remote control valves. Provide a 10" round plastic box for gate and quick coupling valves, provide locking plastic lids as manufactured by Brooks or approved equal. 2.10 GRAVEL A. Provide and place gravel, pea gravel, 1/8 " -3/8" in diameter, beneath each valve and within valve boxes for a depth of 6 inches from the bottom of the valve assembly. Gravel to be 2" below the valve and at no time is the gravel to be covering the valve. PART 3 EXECUTION 3.01 INSTALLATION A. Examine all final grades and installation conditions. Do not start irrigation system work until unsatisfactory conditions are corrected. B. Water Supply: 1. Connect ground level system to existing water supply at the site. C. Standard Installation: Perform all Work and provide material in accordance with the local codes and ordinances in force at the job site. Where provisions of these Specifications exceed such requirements, these specifications shall govem. D. Layout: 1. Installer is responsible for locating sprinkler heads, valves, piping and fittings. The Drawings show a schematic layout only - adjustments required by existing field conditions shall be made as necessary, with the least variation to the Drawings as possible. 2. Before installation is started, place a stake where each sprinkler head, quick coupler valve, backflow preventer, and electric valve is to be located in accordance with the Drawings. Layout to be approved by owner /landscape architect/engineer before beginning installation. 3. Should a discrepancy in the Drawings become apparent at this time, concerning size and shape of areas to be watered, such discrepancy shall be pointed out to the landscape architect before the installation is started. 4. Work shall not proceed until design changes have been approved. 5. Should such changes create extra cost, a Change Order for extra compensation shall be obtained in writing from the Owner before commencing work. 6. Should such changes create a saving in cost, a written reduction in the contract price shall be approved by the Owner in writing before commencing Work. 7. All materials shall be installed in strict accordance to the manufacturers' installation specifications. 3.02 EXCAVATION A. Trenches: 1. Hand trench only in areas of existing trees and their root systems, taking care to work piping around roots rather than cutting. Do not cut any roots larger than 1" in diameter. 2. Dig trenches no wider than is necessary to lay pipe, provide free working space around work installed, and provide ample room for backfilling and tamping. Compact trench bottoms to provide a uniform bearing surface the full length of the line. 3. Provide trenches of sufficient depth to provide a minimum cover above the top of pipe as follows: a. Over main lines: 18 inches b. Over lateral lines: 12 inches Landscape Irrigation.doc LI -5 4. Backfill and hand tamp any over - excavation prior to installing the pipe. 5. If rock is encountered, remove the rock to a depth 2 inches below the bottom of the pipe. 6. Where rock is encountered, a minimum of 2 inches of sand bedding shall be installed completely around the pipe. Backfill the next 4 inches of trench with a select backfill free from rocks and debris then water settle. Complete remaining backfill with the material remaining on site. 7. Keep trenches free of debris that would damage pipe, such as rocks, soil clods and debris. 8. Clearly and visibly, flag all open trenches, holes and depressions until adequately filled or repaired. 9. Generally, route trenching for pipes along backs of curbs or other recent cuts in the area to minimize further disruption of the root zone area. When necessary to place heads near trunks, route piping toward the tree trunk in a radial pattern rather than by cutting across root zones. 10. Minimize root zone area compaction by limiting foot traffic to the minimum amount necessary. Store all excess trench spoils, equipment and materials away from canopy areas. 3.03 PIPE FITTING AND ASSEMBLY A. Keep ends of pipe securely closed when Work is not in operation to prevent water and other matter from entering the lines. B. The routing of the pressure supply lines as indicated on Drawings is diagrammatic. Deviate where necessary and install lines to provide coverage without offsetting assemblies from pressure supply lines. C. Clean interior of pipe thoroughly; remove dirt and foreign matter before lower the pipe in to trench; keep clean during operation by plugs or other method. D. Clearances: Maintain the following clearances between lines: 1. Pipe 2 inches and smaller: 4 inches 2. Other services: 12 inches 3. Maintain minimum 1 -inch vertical clearance between lines crossing at an angle greater than 45 degrees. E. Piping Erection: 1. General. The Installer is responsible for being familiar with any and all methods of assemblage, joining and installation of various types of pipe to be used. Adhere in strict accordance with the manufacturer's recommendations. 2. Polyvinyl chloride (PVC) pipe: a. Exercise care in handling, loading, unloading and storing plastic pipe and fittings. b. Snake pipe in trench from side to side to allow for expansion and contraction of same. Do not lay pipe when there is water in trench or when temperature is 32 degrees Fahrenheit or lower. c. Make all changes in direction of pipe with fittings, not by bending pipe. d. Solvent joints. Make sure pipe is cut square and all connecting surfaces are properly cleaned and dry. Apply an even coat of solvent to the outside and inside of the fitting. Insert the pipe quickly into the fitting and turn pipe approximately 1/4 turn to distribute the solvent and remove air bubbles. Hold the joint for approximately 15 seconds so the fitting does not push off the pipe. Using a clean rag, wipe off all excessive solvent to prevent weakening at joint. Exercise care in going to the next joint so that the pipe is not twisted, thereby disturbing the last completed joint. Allow at least 15 minutes set -up time for each solvent welded joint before moving. 3.04 CONTROL WIRING A. Lay wiring from the remote control valves to the controller along the supply mains whenever possible. Tape to main line every twenty-five feet. Install in conduit or sleeves where shown on Drawings. Landscape Irrigation.doc LI -6 B. Install wire with slack to allow for thermal expansion and contraction by malting looped expansion coils every 150 feet; place coils in valve boxes. C. Splice wire with mechanical connectors encased in a self - curing epoxy resin, which provides a permanent watertight connection. All wire splices shall be placed in valve boxes. D. Lay a minimum of two extra wires and/or as many as allowed by unused controller stations to ends of main line for future use. E. All wiring under pavement shall be installed in PVC sleeves. Where adequate room exists, it may be installed in sleeves also carrying main lines. F. Where more than one wire is placed in a trench the wire shall be taped together at intervals of 25 feet. 3.05 VALVES A. Install valves in a plumb position with sufficient clearance for service and operation. Install remote control valves plumb to within 1/8 of an inch. B. Install valves so that the top of the valve assembly is no more than six inches below the top of the valve box. Adjust normal installation in accordance with standard practices as needed. C. Install manual and gate valves in ten -inch (10") plastic valve boxes. Valve box lids to be install flush with proposed grades. D. Electric valves to be installed together in a rectangle plastic valve box. D. Adjust flow control on remote control valves to avoid misting on spray head zones. 3.06 BACKFLOW PREVENTION DEVICES A. If required install backflow prevention device as per requirements of City of Round Rock and Uniform Plumbing Code at location shown on Drawings. B. Place valve and associated gate valves within a rectangular plastic valve box. 3.07 SPRINKLER HEADS AND QUICK COUPLING VALVES A. Install heads plumb to within 1 /8th of an inch. B. In turf areas where grass has not yet been established, Contractor will be responsible for adjusting heads to their permanent positions flush with final grades after sod or turf is established. C. Set heads adjacent to roads or walks six inches (6") from pavement edge, and use swing joint assemblies in these areas. D. Clean all sprinkler heads before placing system in operation. E. Adjust direction of throw where necessary to provide coverage required and to minimize overspray onto sidewalks and paving. Landscape Inigation.doc LI -7 F. Throttle flow on heads to avoid throwing excessive amounts of water on buildings and other structures. G. Change nozzles as necessary to adapt to site conditions, or as directed by Owner or Landscape Architect. 3.09 AUTOMATIC CONTROLLER A. Connect to locations shown on the drawings. Coordinated with site General Contractor landscape architect and Owner. B. Provide freeze -rain switch at controller. Location and method of installation to be field determined. 3.10 SLEEVES A. Provide new sleeves for all locations where new sleeves are needed as directed by Owner and Landscape Architect. Install new sleeves prior to pavement, curbs and sidewalk installations. 3.11 SPARE PARTS A. Provide the Owner with additional parts as noted: 1. 12 spare sprinkler heads of each size and type. 2. 2 spare valves of each size. 3. 2 spare valve boxes of each size. 3.12 INSPECTION, TESTING AND APPROVAL A. Do not enclose or cover any work until it has been inspected, tested and approved. B. Hydrostatic Piping Test: 1. In the presence of the Owner and Landscape Architect, hydrostatically test the main line piping system in place before backfilling. Test to a minimum psi of 100. Test period shall not be less than two hours. Pipe may be tested in sections to expedite the work. 2. Test is acceptable if no leakage occurs during test period. 3. Repair all leaks and retest system for another 2 -hour period if necessary. Continue this procedure until all leaks are repaired. C. Operation Test: 1. After sprinkler heads are installed, test the system for coverage in the presence of the Owner and Landscape Architect. 2. Test is acceptable if system operates satisfactorily, with uniform coverage m all irrigated areas. 3. After completion of grading, seeding or sodding and rolling of grass areas carefully adjust lawn sprinkler heads so they will be flush with not more than 1/2 inch above finish grade. 3.13 MAINTENANCE A. Maintain the system until final acceptance by cleaning and adjusting heads and valves, repairing any leaks or malfunctions, and by resetting controllers and instructing Owner's personnel in controller and system maintenance and operation. 3.14 CLEANUP A. Maintain a clean work area during the progress of the Work within reasonable limits of the installation area. Periodically remove all rubbish, debris, etc., from Work site and dispose legally. Landscape Irrigation.doc L1 -8 B. Upon completion of the Work, remove all construction and installation equipment from the premises; make ground surface level where it has been affected by irrigation system installation; and remove excess materials, rubbish and debris. C. Immediately replace and thoroughly hand water any plant material and groundcover, which may be displaced during installation. END OF SECTION Landscape Irrigation.doc LI -9