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R-86-869 - 5/22/1986WHEREAS, the City has duly advertised for bids for a hike and bike trail system, and WHEREAS, l.J5FIALti- f 16.k.1j 4 Jfic, submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of al(et , and to authorize the execution of the necessary documents, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of t,( OF XartaY�,(,ctl,0 is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with _jejAa_e_LetE a hike and bike trail system. RESOLVED this 22nd day of May, 1986. ATTEST: RESOLUTION NO. S 7 6 9/,1 d MIKE ROBINSON, Mayor City of Round Rock, Texas DIAL CONSTRUCTION, INC. Proposal 3201 S. IH-35 ROUND ROCK, TX 78664 255.5824 • Page of PROPOSAL SUBMITTED TO: DATE May 8, 1986 NAME• City of Round Rock LOB NAME Frontier Park, Kensington Place Park & STREET. 214 E. Main STREET' Windy Terrace Park Hike & Bike Trails CITY: Round Rock CITY: STATE. ' STATE: TX 78664 . - " ` ARCHITECT DATE OF PLANS - We hereby submit specifications and estimates for: Hike & Bike Trails on al 1 three above mentioned parks: Asphalt as per specifications includes: Excavation, flex base, asphalt Alternate: Concrete Concrete is offered as an alternative to asphalt. It has been - noted that with asphalt there is a maintenance problem with the grass. Concrete would eliminate that problem. Concrete would be 4" thick with 2500 PSI, 6x6x10 w.w.m. ** *Note: Concrete'or Asphalt is offered for the same price. s We hereby propose to furnish labor and moterials - complete in accordonce with the above specifications, Ior the sun, of dollars ($ 35,702.00 ) with payment to be made as follows: All material is guaranteed to be as specilled. All work to be completed alteration or deviation from above specifications involving extra costs. will over and above the estimate. All agreements contingent upon strikes, accidents other necessary Insurance. Our workers are fully d by Workmen's Compensation - s -. NOTE: This Proposal maybe withdrawn by us if in a workmanlike manner according to standard practices. Any be executed only upon written orders, and will become on extra charge or delays beyond our control. Owner to carry fire, tornado and Insurance. Authorized Signature �JI1 not accepted within 30 days. Aruuptant, of The above prices, specifications and conditions are satisfactory work as specified. Payment will be made as outlined above. A[tepteh: , Signature Date Signature ilrnpoital , and are hereby accepted. You are authorized to do the DIAL CONSTRUCTION, INC. Proposal Page 3201 S.IHe35 ROUND ROCK, TX 78664 255.5824 of _ . PROPOSAL SUBMITTED TO: DATE• May 8, 1986 NAME- Ci ty of Round Rock JOB NAME. Frontier Park, Kensington Place Park & STREET. 214 E. Main STREET Windy Terrace Park Hike & Bike Trails , CITY: s Round Rock 4- , ! CITY. . 1 STATE STATE• T.. TX - 78664 r : -_ -� ARCHITECT. DATE OF PLANS: , . , . We hereby submit specifications and estimates for: Hike & Bike Trails o n all three above mentioned i i Asphalt as per specifications includes: Excavation, flex base, asphalt Alternate: ,Concrete Concrete is offered as an alternative to asphalt. noted that with asphalt there is a maintenance problem the grass. Concrete would eliminate that problem. Concrete would be 4 thick with 2500 PSI, 6x6x10 ***Note: Concrete or Asphalt is offered for the same price. 'L YA We hereby propose to furnish labor and material, - ,,r, Iete in accordance with the above specifications, for dollar: Is 35 ,702.00 ) with payment to be mode parks: It has been with w.w.m. the sum of -` as follow,: , All material is guaranteed to be as specified. All work to be completed alteration or deviation from above specifications involving extra costs, will over and above the estimate. All agreements contingent upon strikes. accidents other necessary insurance. Our workers are fully covered by Workmen's Compensation - NOTE: This Proposal may be withdrawn by us if in a workmanlike manner according to standard practices. Any be executed only upon written orders, and will become an extra charge or delays beyond our control. Owner to carry fire, tornado and Insurance. Aulhoriced Si nature / �� w' � -- not accepted within 30 days. AIttpianuP of The above prices, specifications and conditions are satisfactory work as specified. Payment will be made as outlined above. Ar pteh: Signature Date Signature f ropneal and are hereby accepted. You are authorized to do the B 30028 $ -i Transamerica Insurance Services Thatwe Dial Construction, Inc. Surety, are held and firmly bound unto Signed and Sealed this City of Round Rock 13th day of May Benjamin F. Dial By Gregory P Transamerica Premier Insurance Company Admmistrae.x once irvine. California Proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no TPI- 390733 -01 as Principal, and the Transamerica Premier Insurance Company, a corporation under the laws of the State of California, as (hereinafter called the obligee) in the hill and just sum of 5% of the amount bid not to exceed One Thousand Seven Hundred Fi ghFy_ Six and No /100 * * * * * * * * * ** • for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Concrete hike and bike trails at three parks in Round Rock. NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said con- tract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect. Dial Construction, Inc. Principal Faulx Attorney -in- 19 86 Transa erica Premier Insurance Company ., 8-84 GPA Power of Attorney valid only if numbered m red. Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint GREGORY P. FAULX of Houston and State of Texas its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) - MAXIMUM PENALTY $350,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $50,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $10,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its Presi rlPnt and its corporate seal to be hereto affixed this 1St. h day of Ortoher A D 19 84 EMIER lyg ap.., State of California County of Orange On this 15th day of October Joan Eaglen Jack M. Trapp executed the within instrument as President acknowledged to me that the corporation executed it. N nlnnllnllnnn nlln lllllmnnnllnionnllunnlminlmnIIIIIIlnnlmnlllllnlllnnit Ili ° tea OFFICIAL SEAL JOAN EAGLEN NOTAnY PU01 IC- CALIFORNIA PRINCIPAL OFFICE IN = ORANGE COUNTY My Commission Expires Jul 15, 1988 c r tli' d' OfYRRy51gn' tdSt cretary�ofi Insurance Company hereby certify that the above anc foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. Transamerica Insurance Services 0n775 ss.: INCORPORATED =o JULY 1, 1941 * /* t CAL IFORN\P And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed. "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may he affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 19 86 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO TPI 390733 - 01 30024 Transamerica Premier Insurance Company Adm,msvailve orrice wine, California General Power of Attorney "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1986 TRANSAMERICA PREMIER IN URANCE COMPANY By in the year 1984 before me a notary public, personally appeared personally known to me to be the person who on behalf of the corporation therein named and 13th dayof May Secretary Notary Public 8 -84 /. hIf r7if X4i. r/ d/. f. OJifLciG: rY/ 1!•? r/ •R LP' . YaJ% ri•Gr7.nm.,,a//.0Ml/. LAM. ( aA.:I zee/ //iomama/ . AV' m.t4,/av,r Dial Construction, Inc. May 20, 1986 City of Round Rock Engineering Department 214 E. Main Round Rock, TX 78664 Gentlemen: Dial Construction Inc. is to provide a 6' sidewalk with 3000 PSI concrete with 6x6x10 ga. WWM and a 2" sand bed. Expansion joints are to be at 40' o.c. and control joints at 5' o.c. These specs pertain to the Hike and Bike Trails at Frontier Park, Kensington Place Park and Windy Terrace Park. 4.x4w /Oqn. wwi..i. 2" sgND Sincerely, Ben Dial, President Dial Construction Inc. 3201 South I1 Round Rock, TX 78664 (512) 255 -5824 �. , : 4 3000 PSI eo eer `' • , ' EXPRNSIo") ?'DINTS RT 44, o.d. G'ONT2oz ?bbVTS #9 6 o, e . CITY OF ROUND ROCK . HIKE AND BIKE TRAILS FRONTIER PARK KENSINGTON PLACE PARK WINDY TERRACE PARK SPECIFICATIONS AND CONTRACT DOCUMENTS Notice will be received at the City Hall of The City of Round Rock, Texas 214 E. Main St., Round Rock, Texas 78664, at 2:30pm, May 16, 1986. Specification No. - - - - - - - - - - - - - - - - - - - CONTENTS PAGE NOTICE TO CONTRACTORS 1 ADVERTISEMENT 3 INSTRUCTION TO BIDDERS 4 Proposal 4 Disqualification of Bidders 4 Return of Proposal Guarantees 4 Award of Contract - Reservation of Rights 5 Execution of Contract 5 Proposal Guarantee 5 Proposal Signature 5 Competency of Bidders 5 Bidders Examination of Site 6 Addenda 6 PROPOSAL 7 Acknowledgement of Payment Items 8 Knowledge of Local Conditions and Contract Documents 8 Contract Time 8 Addenda 8 Submission of the Proposal 9 PROPOSAL BIDDING SHEET 10 TOTAL PRICE 16 AGREEMENT 17 PERFORMANCE BOND 19 PAYMENT BOND 21 NOTICE TO CONTRACTORS FROM THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS HIKE AND BIKE TRAILS FRONTIER PARK KENSINGTON PLACE PARK WINDY TERRACE PARK Sealed bids, in envelopes addressed to The City of Round Rock, 214 E. Main St., Round Rock, Texas 78664, will be received at the above mentioned address until 2:30pm on May 16, 1986 and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of a Hike and Bike Trail located in Round Rock, Williamson County, Texas. - Bids will be submitted in mslerl envelopes for each Contract on the proposal furnished, and marked in the upper left hand corner "Hike and Bike Trail Pro ". All proposals shall be accompained by a cashier's certified check upon a national or state bank in the amount of five (5 %) percent 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 bidder will enter into a contract and execute performance bond within thirty (30) days after the bid opening. The bid security must be enclosed in the same envelope with the bid. Bids without check or bid bond will not be considered. All bid securities will be returned to the respective bidders within twenty -five (25) days after hies are opened, except these which the Owner elects to hold until the successful bidder has executed the contract. Thereafter all remaining se including security of the successful bidder, will be returned within sixty (60) days. The successful bidder must furnish performance bond and payment bond in the amount of one hundred (100 %) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authouity from the Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. The right is reserved, as the interest of the Owner may require, to reject any and al hids, and to waive any informality in hies received. Plans, Specifications and Bidding Documents may be secured from Joanne Land, City Secretary, 214 E. Main St., Round Rock, Texas 78664. Plans and Specifications may be examined at the office of the City Secretary. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Parks 1. and Recreation Department, City of Round Rock, and obtain clarification prior to submitting any bid. Prequalificatinn Requirements: The bidder is to submit information regarding his qualifications with this bid in accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and rd by The State of Texas and the Federal Government. The improvements shall be completed within the number aE calendar days bid on Page 2 of the Bid Proposal after notice to proceed from the Owner. Bidders are requested to submit one for six (6) foot wide trails. Notice to Contractors shall be published in the Round Rock Leader on the following days: _- . May 1 May 5 May 8 May 12 2. PROJECT TITLE: ADVERTISEMENT HIKE AND BIKE TRAIL PROJECTS FRONTIER PARK KENSINGTON PLACE PARK WINDY TERRACE PARK OWNER: THE CITY OF ROUND ROCK, TEXAS LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS TYPE: CONSTRUCTION OF HIKE AND BIKE TRAIL BID BOND: 5% PERFORMANCE BOND: 100% - PAYMENT BOND: 100% PLANS AVAILABLE: OPENING PLACE: CITY SECRETARY 214 E. MAIN ST. ROUND ROCK, TEXAS 78664 OPENING DATE: 2:30PM, MAY 16, 1986 CITY HALL CITY OF ROUND ROCK 214 E. MAIN ST. ROUND ROCK, TEXAS 78664 3. PROPOSAL: INSTRUCTION TO BIDDERS The proposal shall be submitted on the bidding farms which are included herein, and shall be enclosed in a sealed envelope addressed to: The City of Round Rock 214 E. Main St. Round Rock, Texas 78664 and shall be identified as follows: HIKE AND BIKE TRAIL PROJECTS A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice Inviting Bids Bidders or their authorized agent are invited to be present. Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without addition, alterations or erasures. Alternative proposals will not be considered unle called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejnt i'e to himself prior to, but not after, the time fixed for opening bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the Owner. DISQUALIFICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the recction of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all Has w:71 be rejscted and none of the participants in such collusion will be considered in future proposals. RETURN OF PROPOSAL GUARANTEES: Within twenty-five (25) days after an award of the Contract, the Owner will return the proposal guarantees accompanying each of the proposals that are not considered in making the award. All other proposal guarantees will be held until the Contract has been finally executed. They will then be returned to the respective bidders whose proposals they accompany. 4. AWARD OF CONTRACT - RESERVATION OF RIGHTS: Contracts, if awarded, will be awarded to responsible bidders whose proposals comply with all the requirements prescribed. Awards, if made, will be made within thirty (30) calendar days after the opening of the proposals. The Owner reserves the right to rejact any or all bid proposals, to accept the lowest responsible bidder's proposal, and to waive any information in any proposaL EXECUTION OF CONTRACT: A bidder to whom award is made shall execute a written contract with the Owner on the form of agreement provided. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be a just cause for the annulment of the award. If the successful bidder refuses or fame to execute the Contract, the Owner may award the Contract to second lowest responsible bidder. If the second lowest responsible bidder refuses or fails ute the Contract, the Owner may award the Contract to the third lowest responsible bidder. On the failnre or refusal of such second and third lowest responsible bidders to execute the Contract, the work may be re- advertised. PROPOSAL GUARANTEE: Each proposal shall be accompanied by a certified or cashier's check ar bid bond in the amount of not less than 5% of the amount named in the proposal. Said check or bond shall be made payable to the Owner and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after the award and will furnish the necessary bonds as hereinafter provided. In race of refusal ar failure to enter into said Contract, the check or bond as the case may be, shall be forfeited to the Owner. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the Owner, which is bound herein, and is properly filled out and executed. PROPOSAL SIGNATURE: If the proposal is made by an individual, it shall be signed and his full name and his address shall be given; if it is made by a firm it shall be signed with the co- partnership name by a member of the firm, who shall sign his own name, and the name and address of each member shall be given; and if it is made by a corporation the name of the corporation shall be signed by its duly authorized officer or officers, attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the wank covered by the propcsaL To this end, each proposal shall be supported by a statement of the bidder's experience on the form entitled 'Information Required of Low Bidder", bound herein. 5. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the G,rP of the proposed work and the Contract Documents therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantity of materials to be furnished, and as to the requirements of the Contract, Specifications and Drawings ADDENDA: Bidders desiring further information, or interpretation of the Plans or Specifications must make a request for such information in writing to the Parks and Recreation Department, prior to forty-eight (48) hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Parks and Recreation Deparment in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to twenty-four (24) hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this wank. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Parks and Recreation Department prior to twenty -four (24) hours of the opening of hiAS. 6. PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF HIKE AND BIKE TRAILS IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of Contract, Notice to Contractors, Inviting Bids, Conditions and Classes of Materials of the proposed work; and agrees that he will provide all the necessary lahnr, machinery, tmis, apparatus, and other items incidental to construction, and will do all. the work and furnish all the materials called for in the Contract and Specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating hiaa. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, fully to complete the work as planned and contemplated, and that all quantities of work, whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer; but not shown on the Plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (71 days after written notice to commence has been given. 7. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ACKNOWLEDGEMENT OF PAYMENT ITEMS: The undersigned acknowledges that the foregoing bid items are the only items of payment under this Contract and that his bid price under the items reflects the complete charges for furnishing all labor, material, and equipment to complete the protect as outlined in the Plans, Specifications, and Contract Documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS: The undersigned warrants that he has examined the 1n•ation of the propcsed work, the Plan Drawings, Specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME: � If awarded the Contract, the undersigned agrees to compete the work in 3v calendar days. (BIDDER TO FILL IN NUMBER OF CALENDAR DAYS). OWNER'S RIGHTS RESERVED: The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals ar to waive any informalities of technicalities in any gropcsal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicalbe Laws or Governmental Regulations ADDENDA: 1 . The undersigned acknowledges receipt of the following addenda: Addendum No. Dated 8. 1 1 1 ' In accordance with the Contract Documents, the Above Proposal is hereby respectfully submitted by: 1 1 1 I Busine ss Addy 1 1 SUBMISSION OF THE PROPOSAL l T2(aA CcivT12l p a\ M-. Name of Contractor Date /, � j Executed by (Signature) Title or Position City State 1 1 (Seal if Bid is by a Corporation). 1 1 1 1 9. ( ) 2l Telephone Number zip Bid Item Quantity Unit Item Description & Written Unit Price Unit Price Amount 1. 860 S.Y. Unclassifed Hike and Bike Trail Excavation, complete in place, per square yard for $ � Q / 2 D � to $ - 1 JO tV dollars and ! O cents 2. 860 S.Y. 3" Compacted Flexible Base, complete in place, per square yard for cal ll\ ac $4 /`rte- J 00 dive dollars and JO cents 1 1 1 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 !+ CONTRACT: JOB NAME: JOB LOCATION: OWNER: Gentlemen: PROPOSAL BIDDING SHEET FRONTIER - HIKE AND BIKE FRON - HIKE AND BIKE ROUND ROCK, WILLI MSON THE CITY OF ROUND TRAIL 6' WIDE TRAIL 6' WIDE COUNTY, TEXAS Pursuant to the foregoing Advertisement for Bie lc and Instructions to Bidders, the undersigned bidder hereby proposes to do all. work, to furnish all necessary supesintendance, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete allthe wcck on which he bids as provided by the attached supplemental Specifications, and as shown on the Plans for the construction of the Bike and Bike Ti „„ 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: 10. Bid Item Quantity Unit Item Description & Written Unit Price Unit Price Amount 4. 860 S.Y. 4" concrete, Class n $ 2 $ 11 41J TO 0 dollars A, five sack mix 3,000 P.S.I., com— plete in place, per square yard for dollars Q b N 0 cents � / $ (:7 $ �— Bid Item Quantity Unit Item Description & Written Price Unit Price Amount 3. 860 S.Y. 1" H.M.A.C. Pave— ment complete in place, per square yard for n $ 2 $ 11 41J TO 0 dollars 00 cents 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Where deemed necessary for drainage, concrete shall be used at the discretion of the Engineer. 11_ Bid Item_ Quantity Unit Item Description & Written Unit Price Unit Price Amount 1. 950 !! I• S.Y. Unclassifed Hike and Bike Trail Excavation, complete in place, per square yard for $ 9 $ rl •� dollars and 00 cents 2. 950 . S.Y. • 3" Compacted Flexible Base, complete in place, per square yard for $ S ✓ $ n ! dollars and cents . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT: KENSINGTON PLACE - HIKE AND BIKE TRAIL 6' WIDE JOB NAME: KENSINGTON PLACE - HIKE AND BIKE TRAIL 6' WIDE JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: THE CITY OF ROUND ROCK Gentlemen: PROPOSAL BIDDING SHEET Pursuant to the foregoing Advertisement for Bids and Instructions to Bidders, the undersigned bidder hereby proposes to do all work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he hills as provided by the attached supplemental. Specifications, and as shown on the Plans for the construction of the Hike and Bike Trail and hinds 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_ 12. Bid Item Quantity Unit Item Description & Written Unit Price Unit Price Amount 4. • S.Y. 4" concrete, Class A, five sack mix 3,000 P.S.I., com- plete in place, per square yard for E O $ i . $ 1ik)r�TT�(S6/ dollars J 1},\� cents Bid Item Quantity Unit Item Description & Written Price Unit Price Amount 3. 950 S.Y. 1" H.M.A.C. Pave- ment complete in place, per square yard for �7 vo $ Cy M om $ 1(;)0° dollars �qq P-� cents 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Where deemed nece ary for drainage, concrete shall be used at the discretion of the Engineer. 13. Bid Item - Quantity Unit Item Description & Written Unit Price Unit Price Amount 1. 791 r. S.Y. Unclassifed Hike and Bike Trail Excavation, complete in place, per square yard for .. $ C.3 — `/ oc $ :7%7;5 P! dollars and N D cents 2 . 791 . . S.Y. 3" Compacted Flexible Base, complete in place, per square yard for B � L11 po $5- dollars and {V Q cents 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Gentlemen: PROPOSAL BIDDING SHEET CONTRACT: WINDY TERRACE - HIKE AND BIKE TRAIL 6' WIDE JOB NAME: WINDY TERRACE - HIKE AND BIKE TRAIL 6' WIDE JOB LOCATION: ROUND ROCK, WILLIA SON COUNTY, TEXAS OWNER: THE CITY OF ROUND Pursuant to the foregoing Advertisement for Bias and Instructions to Bidders, the undersigned bidder hereby proposes work, to furnish all necessary superintendence, lahnr, 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 the mike and Bike Trail and Hinds himself on acceptance of this proposal to execute a Contract and bond for completing said yroct within the time stated, for the following prices, to wit: 14. Bid i tem Quantity Unit Item Description & Written Unit Price Unit Price Amount 4. 791 S.Y. 4" concrete, Class A, five sack mix 3,000 P.S.I., com— plete in place, per square yard for 0 $ 7---1°;* • $ C 11d� Jev6 dollars (� cents Bid Item Quantity Unit Item Description & Written Price Unit Price Amount 3. 791 S.Y. 1" H.M.A.C. Pave— ment complete in place, per square yard for $ 2 0- t\ N) IJ� T IC dollars � � cents 1 1 1 1 1 1 1 1 1 1 tig nere deemed necessary for drainage, concrete shall be used at the discretion of the Engineer. 1S 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FRONTIER PARK: KENSINGTON PLACE PARK: WINDY TERRACE PARK: GRAND TOTAL: TOTAL PRICE 16. THE STATE OF TEXAS COUNTY OF: THIS AGREEMENT, made and entered into this 11 day of A.D., 19 c3CP , by and between the THE CITY OF ROUND ROCK, TEXAS, its Mayor, Party of the F st Par he einafter termed the Owner, ancrriELDIALC.Irle5 Tim of the City of }7 X l il , County of llie41 , and State of Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the Party of the Second Part, (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: HIKE AND BIKE TRAILS further described as the work covered by this Specification consists of furnishing all labor, equipment, appliances, and materials, and performing all operations in connection with excavation and compaction of base material and Hot Mix Asphaltic Concrete complete in accordance with the Plans, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendance, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter hereof, and the Specifications and Addenda therefor, as prepared by The City of Round Rock, 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 and Payment hereof and collectively evidence and constitute the entire Contract. The CONTRACTOR hereby agrees to commence work within seven (7) days after the date written notice to do so hall have been given to him, and to substantially complete the same within ( calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Condi ions. AGREEMENT 17. 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 sub to the General and Special Conditions of the Contract IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK,TEXAS Party of the First Part (OWNER) BY: • ST: Mayor ' r V (�+%e following to be executed if the Contractor is a Corporation). 1, ,. ImI 44k 7 certif that. I am the Secretary of the Corporation named as Contractor herein; that (LL> C OL50' who signed this Contract on behalf of the Contractor was then (official 1-it1a) of Mid Corporation, that said Contract was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal 18. PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF \,ce�A•S, 1 KNOW ALL MEN BY THESE PRESENT HA 'C' S S c of the City of '\t.)te r County of \cGJ:&. , and State of as principal, and COMMERCIAL UNION INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS l Penal � � , \ ,`\` 1 l �`W t NOl (O WNER), in the sum of _\:�r � � O�z 1 >�a�U�d(�ed Dollars (�� �� • CT) ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by the presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the I I of •1*. , 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. 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, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilitix on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. 19. Surety, for value received, stipulates and agrees that no change, extension of time, alternation ar 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 term of the Contract, or to the work to be performed thereunder. • IN WITNESS WHER QQ��''rr Gain rincipal and SuretyAiave signed and sealed this instrument this \\V"day of 19 (a . -rte C- 5,Ili ty COMMERCIAL UNION INSURANCE COMPANY Prim - Sure Ti - 1a• I 1 Gs y v`' The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANCE 1 P.O. BOX 2125 AUSTIN, TEXAS 78768 20. Title: ATTY - IN - FACT JEANNIE JENSEN _ ' Address. � Address ` 4S 0-ruAte..ek6\ THE STATE OF TEXAS COUNTY OF \ \rC� ■3% PAYMENT BOND KNOW ALL MEN BY THESE PRESENT ' cm— 21. of "T' , of the City t2`(' 0\ `C County of \ca-S05 , and State of Ne,&.5 , as principal, and COMMERCIAL UNION INSURANCE COMPANY 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), in the p sum a t-7 % y, r Ar 6 ST i z e lock Do authorized under the for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators,' executors, successors and assigns, jointly and severally, by the presents: WHEREAS, the Principal has entered into a certain written Contract with the Owner, dated the I 1 of 411ttk , 19 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosecution of the work provided for in said Contract, 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 Axtirle 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of 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 be in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder. 1 1 1 r 1 1 1 1 1 1 1 1 1 • ` 1' 1 7N WITNESS WHEREOF, the • Principal and AiTety have signed and sealed this instrument this WY--day of , 19 P r - � — ��� CWS s S „ COMMERCIAL UNION INSURANCE COMPANY By: Tit1P:Rzi The name and FRAdre9Uof.ntiS� : t Agent of Surety is: P.O. . BOX 2125 = AUSTIN, TEXAS 181b8 22. JEANNIE IFnierN ATTY -IN -FACT Title: KNOW ALL MEN BY THESE PRESENTS. that the COMMERCIAL UNION INSURANCE COMPANY. a corporation duly organ 'ud and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston. Massachusetts. hath made, constituted and appointed. and does by these presents make and constitute and appoint R. F. SIDDONS , ROBERT C. SIDDONS, STEVEN B. SIDDONS, ROBERT C. FRICKE,.JEANNIE JENSEN, BETTY TURNER, PEGGY DAY, BOB McKELVEY, PHILIP C. FALETTO and ELAINE WINDOM all of Austin, Texas and each of them its true and lawful Attorney -in -Fact, to make. execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply. to all Intents and purposes. as if such bonds were signed by the President, sealed with the corporate seal of the Company. and duly attested by as Secretary. hereby ratifying and confirming all the acts of said Attorney -in- Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COM M E RCI A L UNION INSURANCE COM PAN Y at a meeting duly called and held on the twenty- seventh day of July. 1972: Resols ed. That the President. or any Vice - President. or any Assistant Vice- President. may execute for and to behalf of the company any and all bonds, recogmzances. contracts of indemnity. and all other writings obligatory in the nature thereof. the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary: and that the President. or any Vice- President. or Assistant Vice- President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto. and that the President. or any Vice - President. or any Assistant Vice- President, may .at any time remove, any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity. and all other writings obligatory in the nature thereof. and any such instrument executed by any such Attorney - in - Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary. and. further. Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds. recognizances. contracts of indemnity and all other writings obligatory in the nature thereof. and arc also authorized and empowered to certify to a copy of any of the by -laws of the company as well as any resolution of the Directors having to do with the execution of bonds. recognlzances, contracts of indemnity. and all other writings obligatory in the nature thereof. and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fact This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty - seventh day of July. 1972 " Resolsed: That the signature of the President. or any Vice - President. or any Assistant Vice - President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting any bond. undertaking. recognizance or other written obligation in the natu re thereof. and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company. to be valid and binding upon the company with the same force and effect as though manually affixed " IN WITNESS WHEREOF. the COMMERCIAL UNION INSURANCE COMPANY. has caused these presents to be signed by its Assistant Vice- President and its corporate seal to be hereto affixed. duly attested by Its Secretary on this 7th - day a March 19 85 Attest. Raymond M. COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS cn0903 -11 POWER / OIL ATTORNEY COMMERCIAL UNION INSURANCE COMPANY Secretary ' John M Garrett — Assistant Vice - President On this 7th day of March 19 85. before me personally cameJahnM Garrett. Assistant Vice- President, and Raymond M. Defossez, Secretary of the COMM ERCIAL UNION INSURANCE COM PAN Y. to me personally known to he the individuals and officers described in and who executed the preceding instrument. and they acknowledged the execution of the same. and being by me duly sworn. severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid. and that thc seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. . CERTIFICATE • I, the undersigned, Assistant Secretary of thc COMMERCIAL UNION INSURANCE COMPANY. a Massachusetts Corporation. do hereby certify that the foregoing power of attorney is to full force and has not been revoked: and furthermore. that the Resolutions of the Board of Directors set forth in the power of attorney arc now in force. Signed and sealed Bathe City of Boston. Dated this \` day of Edward W. Shay — Notary Public (itfi Commtsinnr er)sires August 10, 1990) 19 E(is Daniel J. Boyle, Assistant Secretary GENERAL CONDITIONS OF THE AGREEMENT CONTENTS • PAGE DEFINITIONS GC 1 GENERAL PROVISIONS GC 2 2.01 Engineer's Status and Authority GC 2 2.02 Right of Engineer to Modify Methods and Equipment GC 3 2.03 Changes and Alterations GC 3 2.04 Damages GC 3 2.05 Losses from Natural Causes GC 3 2.06 Laws and Ordinances GC 3 2.07 Licenses, Permits, and Certificates GC 4 2.08 Royalties and Patents GC 4 2.09 Keeping of Plans and Specifications Accessible GC 4 2.10 Discrepancies and Omissions GC 4 2.11 Contract's Understanding GC 4 2.12 Extra Work GC 4 2.13 Payment for Extra Work GC 5 2.14 Assignment and Subletting GC 5 2.15 Subcontractor's GC 6 2.16 Owner's Status GC 6 2.17 Completed Portions of Work GC 6 2.18 Materials GC 6 2.19 Receiving and Storage of Materials GC 6 2.20 "Or Equal" Clause GC 6 2.21 Completed Work GC 7 2.22 Materials Furnished by the Owner GC 7 2.23 Protection of Property GC 7 2.24 Shelters of Workmen and Materials GC 7 2.25 Sanitary Facilities GC 7 CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITES GC 7 3.01 Labor, Equipment, Materials and Construction Plant GC 7 3.02 Performance and Payment Bonds GC 8 3.03 Contractor's Ability to Perform GC 8 3.04 Superintendence and Inspection GC 8 3.05 Character of Employees GC 8 3.06 Contractor's Duty to Protect Persons and Property GC 8 3.07 Safety Codes GC 9 3.08 Barricades GC 9 3.09 Minimum Wages GC 9 3.10 Unsuitable Work or Materials GC 9 3.11 No Waiver of Contractor's Obligation GC 9 3.12 Site Clean up GC 10 3.13 Guarantee GC 10 OWNER'S OBLIGATIONS AND RESPONSIBILITIES GC 10 4.01 Lines and Grades GC 10 4.02 Right of Entry GC 10 4.03 Owner's Inspectors GC 11 4.04 Collateral Work GC 11 4.05 Right -of -Way GC 11 (CONTENTS CONTINUED) PAGE 4.06 Adequacy of Design GC 11 SCHEDULING AND PROGRESS OF WORK GC 11 5.01 Order and Prosecution of the Work GC 11 5.02 Rate of Progress GC 12 5.03 Sunday, Holiday, and Night Work GC 12 5.04 Hindrances and Delays GC 12 5.05 Extensions of Time GC 12 INDEMNITY GC 13 6.01 Contractor's Indemnity Provision GC 13 6.02 Workmen's Compensation Insurance GC 13 6.03 Comprehensive General Liability Insurance GC 14 6.04 Owner's Protective Insurance GC 14 6.05 Comprehensive Automobile Liability Insurance GC 14 6.06 Insurance Certificate GC 14 TERMINATION OF CONTRACT GC 15 7.01 Right of Owner to Terminate GC 15 7.02 Right of Contractor to Terminate GC 15 7.03 Removal of Equipment GC 15 ABANDONMENT OF CONTRACT BY CONTRACTOR GC 15 8.01 Notification of Contractor GC 15 8.02 Retention of Contractor's Equipment and Materials by Owner GC 15 8.03 Methods of Completing the Work GC 16 8.04 Final Acceptance GC 16 8.05 Disposition of Contractor's Equipment GC 16 MEASUREMENT AND PAYMENT GC 17 9.01 Character of Measurements GC 17 9.02 Estimated vs Actual Quantities GC 17 9.03 Payment GC 17 9.04 Monthly Estimates and Payments GC 18 9.05 Certificates of Completion GC 18 9.06 Final Estimate and Payment GC 18 9.07 Notarized Affidavit GC 19 9.08 Release of Liability GC 19 9.09 Contractor's Obligation GC 19 9.10 Payments Withheld GC 19 GENERAL CONDITIONS OF THE AGREEMENT DEFINITIONS 1.01 CALENDAR DAY: A Calendar day shall. be the 24 hour period from one midnight to the next consecutive midnight. 1.02 CONTRACT DOCUMENTS: The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance and Payment Bonds; the General Conditions of the Agreement; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by all. In case of ocnflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Special Conditions of the Agreement, Notice to Contractor's, Specifications, Plans, and General Conditions of the Agreement. 1.03 CONTRACTOR: "Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this Contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 ENGINEER: "Engineer" shall mean The City of Round Rock, Public Works Director, or such other Engineer, Supervisor, or Inspector who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 EXTRA WORK: The term "Extra Work" as used in this Contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 OWNER: "Owner" shall mean The City of Round Rock, Texas, named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. 1.07 PLANS: "Plans" shall mean and include (a) all drawings prepared by the Owner as a baaiS for proposal, (b) all supplementary drawings furnished by the Engineer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted by the Contractor to the 0 wner when and as approved by the Engineer. GC 1 r _ 1.08 SPECIFICATIONS: "Specifications" shall. mean (a) all written descriptions, methods and instructions prepared by the Owner as a bagia for proposals, (b) all supplementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 SUBCONTRACTOR: "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract Work, or (b) furnishing material worked to a special design according to the Contract Plans or Specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 SUBSTANTIALLY COMPLETED: The term "substantially completed" shall mean that the structure or facility has been made su tahlp for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. 1.11 WORK: "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 WORKING DAY: A "Working Day" is defined as any day not including 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 continuous period of not less than seven (7) hours between 7:OOam and 6:OOpm. 1.13 WRITTEN NOTICE: "Written Notice" shall be deemed duly to have been served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. GENERAL PROVISIONS 2.01 ENGINEER'S STATUS AND AUTHORITY: It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litigation it is further agreed by and between the parties of the Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shag determine all questions in relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided, however, that should the Engineer render any decision or give any direction which, in the opinion of either party hereto, GC 2 is not in accordance with the meaning and intent of the Contract, either party may files with the Engineer within thirty (30) days a written obction to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision Qr directions of the Engineer as rendered shall be promptly carried out. 2.02 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT: If at any time the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 CHANGES AND ALTERATIONS: The Contractor agrees that _the Owner, through the Engineer, may make such changes and altarations as the Owner may see fit in the line, grade, farm, 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 bonds. If such changes or altarations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If they increase the amount of work and the increased 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 established for such work under this Contract; otherwise such work shall be paid for as provided under Section 2.12 "Extra Work! ". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the 0 wner shall compensate the Contractor for any materials or labor so used, for any actual Ices occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 DAMAGES: The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 LOSSES FROM NATURAL CAUSES: All lass or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the work 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 cast and expense. 2.06 LAWS AND ORDINANCES: The Contractor shall at all times observe and comply with all Federal, State, and loral laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall indemnify and save harmless the Owner against GC 3 any claim arising from the violation of such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 LICENSES, PERMITS, AND CERTIFICATES: Except as hereinafter stipulated, all licenses, permits, certificates, etc., required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a buik3 ng permit is required such permit will be obtained by the Owner at no cast to the Contractor. 2.08 ROYALTIES AND PATENTS: The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is c1Parly specified in this Contract, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE: The Engineer shall furnish the Contractor with three (3) sets of executed Plans and Specifications without expense to him, and the Contractor shall keep one copy of the same constantly accessible on the work site, with the latest revisions noted thereon. 2.10 DISCREPANCIES AND OMISSIONS: It is further agreed that it is the intent of this Contract that all work must be done and all materials must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate Contract Document, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is stilt any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 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 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. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 EXTRA WORK: The term "Extra Work" as used in this Contract shall be understood to mean and include all work that may be required by the 0 wner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the GC 4 direction of the Engineer when presented with a written Change Order signed by the Engineer. 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, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 PAYMENT FOR EXTRA WORK: It is agreed that the compensation to be paid the Contractor for performing extra work shall. be determined by one or more of the following methods: Method "A" - By agreed unit prices Method "B" - By agreed lump sum; or Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15 %. Where "Extra Work" is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power - driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expenses; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional premiums for construction bonds, workmen's compensation, public liability and property damage, and other insurance required by the Contract where the premiums therefor are based on payroll and material casts. The Engineer may dirct the form in which accounts of the "actual field costs" shall be kept and 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 incorporated in the written work Change Order. The 15% of the "actual field costs" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. 2.14 ASSIGNMENT AND SUBLETTING: The Contractor shall not assign or sublet the work or any part thereof without the previous consent of the Owner, nor shall he assign, by Power of Attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or part of any monies due or to become due under this Contract, the GC 5 b) instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to all prior liens of all persons, firms and/or corporations, for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 SUBCONTRACTORS: The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontractor shall be immediately terminated by the Contractor upon written notice from the Owner. 2.16 OWNER'S STATUS: Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 COMPLETED PORTIONS OE WORK: The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. if the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation ar extension of time or both as determined by the Engineer. 2.18 MATERIALS: All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start dPlivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 RECEIVING AND STORAGE OF MATERIALS: The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "OR EQUAL" CLAUSE: Whenever a materials, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer ar vendor and is followed by the term "or equal" the Conirctor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. GC 6 c 2.21 COMPLETED WORK: The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 2.22 MATERIALS FURNISHED BY THE OWNER: The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 PROTECTION OF PROPERTY: The Contractor shall give reasonahla notice to the Owners of pnhlir- or private property and utilities when such property is liahlr to injury or damage through the performance of the work, and he shall make all necessary arrangements with such Owner or Owners relative to the removal and replacement or protection of such property or utilities. - The Contractor shall satisfactorily store, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 SHELTERS FOR WORKMEN AND MATERIALS: The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shag authorize or direct. The sanitary conditions of the grounds in or about structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.25 SANITARY FACILITIES: Necessary sanitary toilet facilities for the use of all employees on the work shall be of a type complying with State and Local Sanitary Regualations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 LABOR, EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT: The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment adequately to prosecute the work. GC 7 3.02 PERFORMANCE AND PAYMENT BONDS: It is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying lahnr and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. 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. The Surety company or companies underwriting the performanance and payment bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. 3.03 CONTRACTOR'S ABILITY TO PERFORM: Upon request by the Owner, the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of pro cts of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 "Termination of Contract', if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 SUPERINTENDENCE AND INSPECTION: The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent Superintendent and any necessary assistants, all continuously during its progress. The Superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. 3.05 CHARACTER OF EMPLOYEES: The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub- standard character by reason of carelessness, incompetence, or inexperience on the part of the workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 CONTRACTOR'S DUTY TO PROTECT PERSONS AND PROPERTY: In the performance of this Contact, the Contractor shall protect the public and the Owner fully by taking reasonalbe precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in anyway connected with the performance of this Contract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the performance of this Contract unless necessary to its performance, and in that event the Contractor shall GC 8 e provide and maintain at all times reasonable means of warning of any danger or nuisance created The duties of the Contractor in this paragraph shall be nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonably under the circumstances 3.07 SAFEY CODES: The Contractor shall comply with all applirahle provisions of any Federal, State, and Municipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatihte with Federal, State, or Municipal laws or regulations. 3.08 BARRICADES: _ When barricades are used to satisfy safety requirements, such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 MINIMUM WAGES: All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special. Conditions of these Contract Documents. The Contractor shall pay not less than the general prevailing wages shown on swirl scale and shall keep accurate wages records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 UNSUITABLE WORK OR MATERIALS: It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitalbe or not in conformity with the Specifications, the Contractor shall, after receipt of written notice thereof from the Contracting Officer, forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fait to initiate compliance with the above provisions within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due to the Contractor. 3.11 NO WAIVER OF CONTRACTOR'S OBLIGATIONS: The Engineer, Supervisor, or Inspector shall have no 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, Supervisor, or Inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer, Supervisor, or Inspector shall upon request of the Contractor inspect ,- GC 9 and accept or reject any material furnished, and once the material has been accepted shall be binding on the Owner unless it can be r1early shown that such material furnished was not as represented and does not meet the Specifications for the 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 Specifications for said work, all expense of removing, re-examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 SITE CLEAN UP: The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all its pits, pipes, chambers, or conduits, shall tear down and remove all temporary structures built by him, shall remove all rubbish of every kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 GUARANTEE: During a period of 12 months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out of defective workmanship ar materials, or both, which in the judgement of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor ar his agent the said Contractor shall neglect to make ar to undertake with due diligence the aforesaid repairs at the Contractor's expense; provided, however, that in case of an emergency where, in the judgement of the Owner, delay would cause serious Ices or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cast thereof. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 LINES AND GRADES: All necessary lines and grades shall be furnished by the Owner. Whenever necessary, work sha]1 be suspended to permit performance of this wank, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Contractor, and in case of careless destruction ar removal by him or his employees such stakes, marks, etc. shag be replaced by the Engineer at the Contractor's expense. 4.02 RIGHT OF ENTRY: The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of constructing or installing such collateral work as the Owner may desire. GC 10 4.03 OWNER'S INSPECTORS: It is agreed by the Contractor that the Owner shall appoint such Engineer, Supervisors, or Inspectors as the said Owner may deem necessary to inspect the material furnished and the work done under this Contract, to see that the Gai I material is furnished, and to see that said work is done in accordance with the Plans and Specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, Supervisors, or Inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, Supervisors, or Inspectors so appointed when such directions and instructions are consistent with the obligations of the Contract. 4.04 COLLATERAL WORK: The 0 wner reserves the right to provide all labor and material essential to the completion of work that is not included in the Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 RIGHT -OF -WAY Easements across private property and lands needed for construction under this Contract will be provided by the Owner. 4.06 ADEQUACY OF DESIGN: It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed protect; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the 0 wner. 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 thereof. SCHEDULING AND PROGRESS OF WORK 5.01 ORDER AND PROSECUTION OF THE WORK: 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 time of prosecution shall be such that the work shall be substantially completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time, manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the pnhli• or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. GC 11 5.02 RATE OF PROGRESS: The Contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders shall relieve the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by the Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 SUNDAY, HOLIDAYS, AND NIGHT WORK: Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shalt be done between the hours of 6:00pm and 7:OOam or on Sundays or legal holidays without written consent of the Engineer. 5.04 HINDRANCES AND DELAYS: No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the Plans and Specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adquate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 EXTENSIONS OF TIME: Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorahlp weather, unsuitable ground conditions or inadequate construction force. 5.06 LIGUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapahlp of ascertainment and uncertain, so that for each day of delay beyond the number GC 12 ac v 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 the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as a penalty but as liquidated damages, the sum per day given in the following schedule. Amount of Liquidated Amount of Contract Damages Per Day Less than $ 5,000.00 $ 30.00 5,001.00 to 15,000.00 35.00 15,001.00 to 25,000.00 40.00 25,001.00 to 50,000.00 50.00 50,001.00 to 100,000.00 70.00 100,001.00 to 500,000.00 200.00 500,001.00 to 1,000,000.00 300.00 1,000,001.00 to 2,000,000.00 400.00 2,000,001.00 to 5,000,000.00 500.00 INDEMNITY 6.01 CONTRACTOR'S INDEMNITY PROVISION: To protect the Owner from the Contractors failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractors shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgements, decrees, and expenses or ctoLs of any nature whatsoever arising out of or in any way connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the Contractor, his agents, s ervants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the 0 wner's agents and employees from all demands of subcontractors, workers, materials, persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontractors or their employees shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 WORKMEN'S COMPENSATION INSURANCE: The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical ar other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, diseases or death sustained in the performance of this Contract by the Contractor, his agents, employees, subcontractors or their employees. The Contractor shall furnish the GC 13 Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. 6.03 COMPREHENSIVE GENERAL LIABILITY INSURANCE: 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, a Comprehensive General Liability Insurance Policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehesive General Liability insurance coverage under this policy shall not be less than the following: Bobily Injury Property Damage $100,000.00 each person $300,000.00 each accident $ 25,000.00 each accident $ 50,000.00 aggregate 6.04 OWNER'S PROTECTIVE INSURANCE: The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and acepted by the Owner, an Owner's and Contractor's Protective Policy which co-insures the Owner and the 0 wner's agents and employees with the same Comprehensie General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE: 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, a Comprehensive Automohilp Taability Insurance Policy, said policy and issuing carrier approved by the 0 wner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability Insurance coverage shall not be less than the following: Bodily Injury $100,000.00 each person $300,000.00 each accident • Property Damage 6.06 INSURANCE CER1'lr1CATE: In connection with the insurance coverage set out in Sections 6.02, 6.03, 6.04 and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given 10 days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. GC 14. $ 50,000.00 each accident , TERMINATION OF CONTRACT 7.01 RIGHT OF OWNER TO TERMINATE: If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resources or remedy give the Contractor written notice of termination of the employment of the Contractor 10 days subsequent to such notice. Immediately following such date the Owner may take pcssession of the site of the work and all material, equipment, tools, and appliances thereon and may finish the wcrk in accordance with the provisions of Section 8 "Abandonment of Contract by Contractor ", of these General Conditions. 7.02 RIGHT OF CONTRACTOR TO TERMINATE: If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon 10 days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 REMOVAL OF EQUIPMENT: In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within 10 days after receipt of the notice. Should he fail to do so within 10 days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools, and supplies in storage at the risk and expense of the Contractor. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 NO'1'lh1CATION OF CONTRACTOR: If the Contractor should abandon and fail or refuse to resume work within 10 days after written notification from the Owner ar the Engineer ar if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the Specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 RETENTION OF CONTRACTOR'S EQUIPMENT AND MATERIALS BY OWNER: After receiving swid notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another Contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in GC 15. connection with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 8.03 METHODS OF COMPLETING THE WORK: If the Surety should fail to commence compliance with the notice for completion hereinbefore provided within 10 days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said Contractor, and the 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 Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Contractor shall receive the difference In case such expense is greater that the sum which would have been payahlP under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed hills, after 14 days notice published two or more tunes in a newspaper having a general circulation in the county of location of the work, may ]et the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the L L 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 new contact prove to be less than what would have been the rest to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 FINAL ACCEPTANCE: When the work has been completed the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract accounts certified by the Engineer as being correct then shall_ be prepared and delivered to the Contractor and his Surety, whereupon the Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within 15 days after the date of such Contract Completion Certificate. 8.05 DISPOSITION OF CONTRACTOR'S EQUIPMENT: In the event the statement of accounts shows that the cost to complete the work is ]ass than that which would have been the coot_ to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety 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 or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time GC 16. C? designated hereinabove, and there remains any machinery, equipment, trnls, 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 by the Owner 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 15 days from the date of said notice the Owner may sa11 such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such ale to the credit of the Contractor and his Surety. Such Gale 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 site and belong to persons other than the Contractor ar his Surety to their proper owners. MEASUREMENT AND PAYMENT 9.01 CHARACTER OP MEASUREMENTS: No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number and weight only shall be considered unless otherwise specifically provided. 9.02 ESTIMATED VS ACTUAL QUANr.LT1 ;S: Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such wank and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will. make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as 25 ( %) percent less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below 25 ( %) percent of the estimated quantity prior to initiating work ar furnishing materials for the overrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 PAYMENT: In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the Specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the GC 17. Proposal attched hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all materials and all labor required for the aforesaid work, 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 Contract, the attached Specifications, and requirements of the Engineer. 9.04 MONTHLY ESTIMATES AND PAYMENTS: On or about the fifth day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the Plans and Specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor 90 ( %) percent of the amount of such estimated sum on or before the 15th day of said month. It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonahla and equitable portion of the retained percentage to the Contractor. 9.05 CERTIFICATES OF COMPLETION: Within 10 days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accordance with the Plans, Specifications and Contract. If so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract. 9.06 FINAL ESTIMATE AND PAYMENT: After the Contract Completion Certificate has been issued the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. The Owner shall pay the Contractor within 15 days from the day of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be sperifioally understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payments shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake, it is agreed that an estimates, when approved by the 0 wner, shall be conclnaive evidence of the work done and materials furnished. GC 18. 9.07 NOTARIZED AFFIDAVIT: Before final payment for the work by the Owner the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that al subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. 9.08 RELEASE OF LIABILITY: The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for ar relating to the wank or for any act or neglect of the Owner or of any person relating to or affecting the work. 9.09 CONTRACTOR'S OBLIGATION: Neither the Contract Completion Certificate 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 in the Contract Documents. 9.10 PAYMENTS WITHHELD: The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonahlP evidence indicating probable filing of claims. c. Failure of the Contractor properly to make payments to subcontractors or for material or labor. d. Damage to another contractor. 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. GC 19. 1 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS ITEM 1 - GENERAL DESCRIPTION ITEM 2 - CONTROL OF WORK ITEM 3 - INSPECTION ITEM 4 - PROTECTION AND PRECAUTION PPEM 5 - MATERIALS ITEM 101 - PREPARING RIGHT -OF -WAY ITEM 102 - TRAIL EXCAVATION ITEM 201 - FLEXIBLE BASE ITEM 301 - PRIME COAT ITEM 302 - TACK COAT ITEM 303 - HOT MIX ASPHALTIC CONCRETE PAVEMENT CONTENTS PAGE GENERAL DESCRIPTION TS 1 1.01 Scope of Work TS 1 CONTROL OF WORK TS 1 2.01 Clean -up TS 1 2.02 Construction Site TS 1 2.03 Backwork TS 1 2.04 Grading and Stacking TS 1 2.05 Grading TS 1 INSPECTION TS 1 3.01 Inspection of Work TS 1 3.02 Notification TS 2 3.03 Construction Staking TS 2 3.04 City of Round Rock Acceptance TS 2 PROTECTION AND PRECAUTION TS 2 4.01 Work in Freezing Weather TS 2 4.02 Protection of Trees, Plants and Shrubs TS 2 4.03 Barricades TS 2 4.04 Property Line and Monuments TS 2 4.05 Disposal of Surplus Materials TS 2 4.06 Contractor's Use of Premises TS 2 MATERIALS TS 2 5.01 Trade Names TS 2 5.02 Materials and Workmanship TS 3 PREPARING RIGHT -OF -WAY TS 3 102.1 Description TS 3 101.2 Construction Methods TS 3 TRAIL EXCAVATION TS 4 102.1 Description TS 4 102.2 Classification TS 4 102.3 Construction Methods TS 4 FLEXIBLE BASE (Crushed Stone) TS 5 201.1 Description TS 5 201.2 Materials TS 5 First Course TS 5 Density TS 6 Minimum Quality TS 6 PRIME COAT TS 6 201.1 Description TS 6 201.2 Construction Methods TS 6 (CONTENTS CONTINUED) PAGE TACK COAT TS 7 202.1 Description TS 7 202.3 Construction Methods TS 7 HOT MIX ASPHALTIC CONCRETE PAVEMENT TS 8 301.1 Description TS 8 301.2 Materials TS 8 Minerals Aggregate TS 8 Coarse Aggregate TS 8 Fine Aggregate TS 8 Mineral Filler TS 9 Asphaltic Material TS 9 Paving Mixture TS 9 Spreading and Finishing Machine TS 9 Straightedges and Templates TS 10 Equipment Maintenance TS 10 Alternate Equipment TS 10 301.3 Construction Methods TS 10 Prime Coat TS 11 Tack Coat TS 11 Transporting Asphaltic Concrete TS 11 Placing TS 11 Compacting TS 12 Surface Tests TS 13 DIAGRAM 1 - CROSS SECTION TS 14 DIAGRAM 2 - HIKE AND BIKE TRAILS TS 15 Frontier Park TS 15 Kensington Place Park TS 16 Windy Terrace Park TS 18 GENERAL DESCRIPTION 1.01 SCOPE OF WORK: The work covered by the Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the trail excavation, related hauling, rolling, blading and the completion of subgrade preparation, base material placement and asphaltic concrete pavement, complete in accordance with the Plans and subject to the terms and conditions of the Contract Documents. 2.01 CLEAN -UP: CONTROL OF WORK 2.02 CONSTRUCTION SITE: During construction the contractor shall keep the site free and clean from all rubbish and debris and shag clean-up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the Trail free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public, or the occupants of adjacent properties. Care shall be taken to prevent spillage on street✓ over which hauling is done, and any such spillage or &brig deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.03 BACKWORK: The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition be existent, the Engineer any order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.04 GRADING AND STACKING: 2.05 GRADING: The Contractor shall do such grading in the area adjacent to the Hike and Bike Trail as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. INSPECTION 3.01 INSPECTION OF WORK: The work covered under this Contract shall be inspected by the Engineer or the Owner's authorized representative. The quality of material and the quality of installation of the Trail shall be to the satisfaction of the Inspector. It shall be the Contractors responsibility for the construction methods and safety precautions in the undertaking of this Contract. TS 1. 3.02 NO'1'lh'1CATION: The engineer must be notified a minimum of 24 hours in advance of beginning constuction. 3.03 CONSTRUCTION STAKING: The Engineer shall furnish the Contractor alignment and reference stakes as required. 3.04 CITY OF ROUND ROCK ACCEPTANCE: Compaction tests, on the base material in place, may be taken by the Engineer prior to placement of asphaltic concrete pavement, the Contractor shall allow adequate time between base material placement and paving for compaction tests as required. 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 all 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 prior approval of the Engineer. 4.03 BARRICADES: Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. 4.04 PROPERTY LINES AND MONUMENTS: The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL: The Contractor shall, at his own expense, make arrangement for the disposal of surplus material such as rock, trees, brush and other unwanted backfill. materials. 4.06 CONTRACTOR'S USE OF PREMISES: The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials MATERIALS 5.01 TRADE NAMES: Except as specifically 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 daalpr, such TS 2. .designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP: No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without 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, these shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equal to some other thing, 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 shall be approved in writing by the Engineer, and the Engineer shall have the right to require the use of such specifically designated material, article or process. PREPARING TRAIL RIGHT -OF -WAY 101.1 DESCRIPTION: The work covered by this item consists of preparing the right -of - -way for construction operations by removing and disposing of all obstructions from the right-of-way and from designated easements, where removal of such obstructions is not otherwise provided for in the Plans and Specifications. Such obstructions shall be considered to include remains of houses not completely removed by others, foundations, floorslabs, concrete, brick, lumber, plaster, cisterns, water wells, septic tanks, basements, abandoned utility pipes or conduits, underground service station tanks, equipment or other foundations, fences, retaining walls, outhouses, shacks and all other debris. This item shall also include the removal of trees, stumps, bushes, shrubs, curb and gutter, driveways, paved parking areas, miscellaneous stone, brick, concrete, sidewalks, drainage structures, manholes, inlets, abandoned railroad tracks, scrap iron, all rubbish and debris whether above or below ground except live utility facilities. It is the intent of this spec'ific'ation to provide for the removal and disposal of all obstructions to the new construction together with other objectionable materials not specifically provided for elsewhere by the Plans and Specifications 101.2 CONSTRUCTION METHODS: Are designated on the plans shall be cleared of all obstructions, vegetation, abondoned structures as defined above; except trees or shrubs specifirally designated by the Engineer for preservation shall be carefully trimmed as TS 3. directed and shall be protected from scarring, barking, or other injuries during construction operations. Exposed ends of pruned limbs shall be treated with an approved asphaltic materiaL Holes remaining after removal of all obstructions, objectionable material, trees, stumps, etc. shall be backfilled and tamped as directed by the Engineer. Stumps, roots, etc. shall be removed to a depth of at least one (1) foot below natural ground or finished cut section as the case may be. All salvageable mats rial, as determined by the Engineer, will remain the property of the City and will be stored at the site as directed by the Engineer. Matpria1 to be removed will be designated "Salvageable" or "Non- Salvageahlp° by the Engineer prior to removal by the Contractor. All "Non- Salvagpahlp" materials and debris removed shall become the property of the Contractor and shall be removed from the site. TRAIL EXCAVATION 102.1 DESCRIPTION: The work covered by this item consists of excavating and properly utilizing or otherwise satisfactorily disposing of all excavated material, of whatever character, within the limits of the work and the constructing, compacting, shaping and finishing of all earthwork on the entire length of The Trail and approaches in accordance with specification requirements herein outlined and in conformity with the required lines, grades and typical cross section, shown on the Plans or directed by the Engineer. When not otherwise included on the Plans or in the Contract Documents, this item shall include the work described in Item 201, Subgrade Preparation. The relocation of fences or other private improvements, as may be required for permanent easements or right -of -way widening is included. Excavation shall also include the stripping and removing of top soil, the furnishing, placing and/or maintaining of all sheeting, shoring and bracing necessary to support the sides of any excavation, and to protect the work and adjacent property; to support and protect adjacent structures, either above ar below the ground; the removal, after completion of the work, of all sheeting, shoring and bracing not designated or necessary for supporting or protecting the work; the removal of all surplus or unsuitable materials encountered; the replacement of unsuitably materials with satisfactory materials, the doing of all necessary backfilling; tamping, flushing and/or flooding with water and refilling; the restoring of all streets, alleys, right-of-way, public and private property in its original location, occupied or damaged by the Contractor in the performance of the work, to an equal ar better condition than existed prior to the beginning of the work. All items to be salvaged shall be carefully preserved. 102.2 CLASSIFIC All excavation shall be unclassified and shall include all materials encountered regardless of their nature or the manner in which they are removed. 102.3 CONSTRUCTION METHODS: All Trail excavation shall be performed as specified herein and shall conform to the established alignment, grades and cross sections. TS 4. Unsuitable excavated materials or excavation in excess of that needed for construction shall be known as "Waste" and shall become the property of the Contractor and it shall become his sole rtbponsibility to dispose of this material off the limits of the right -of -way in an environmentally sound manner as approved by the Engineer. Equipment used for disposal of surplus materials beyond the limits of the work shall be such as will avoid spilling or wasting of materials along the line of hauL The Contractor, when directed by the Engineer, shall immediately clean up all materials so spilled or wasted. FLEXIBLE BASE (Crushed Stone) 201.1 DESCRIPTION: "Flexible Base" shall consist of a foundation course for surfacing; shall be composed of crushed stone or gravel, and shall be constructed as herein specified in one or more courses in conformity with the typical sections shown on the Plans. 201.2 MATERIAL: The material shall be crushed or uncrushed as necessary to meet the requirements hereinafter specified, and shall consist of durable stone or gravel, crushed and/or screened to the required particle size, with ar without other approved fine sized materiaL The material shall be from approved sources. Testing of flexible base materials shall be in accordance with the following Texas Highway Department standard laboratory test procedures: 1) Preparation for Soil Constants and Sieve Analysis TEX -101 -E 2) Liquid Limit TEX -104 -E 3) Plastic Limit TEX -105 -E 4) Plasticity Index TEX -1 -6 -E 5) Sieve Analysis TEX -110 -E 6) Wet Ball Mill TEX -116 -E 7) Triaxial Test TEX -117 -E (Part 11) Unless otherwise specified on the Plans, job-control samples for testing the materials for Soil Constants, Graduation and Wet Ball Mill shall be taken prior to the compaction operations. Unless otherwise shown on Plans, the maximum increase in material passing the number 40 sieve resulting from the Wet Ball Mill Test shall not exceed 20. (1) FIRST COURSE: The material shall be delivered in approved vehicles of a uniform capacity and it shall be the charge of the Contractor that the required amount of specified material shall be delivered in each 100 -foot section. Material deposited upon the subgrade shall be spread and shaped the same day unless otherwise directed by the Engineer in writing. In the event inclement weather or other unforeseen circumstances render impractical the spreading of the material during the first 24 -hour period, the material shall be scarified and spread as directed by the TS 5. Engineer. The material shall be sprinkled, if directed, and shall be bladed, dragged and shaped to conform to typical. sections as shown on Plans. All areas and "nests" of segregated course or fine material shall be corrected or removed and replaced with well graded material as directed by the Engineer. If additional binder is considered desirable or necessary after the material is spread and shaped, it shall be furnished and applied in the amount directed by the Engineer. Such binder material shall be carefully and evenly incorporated with the material in place by scarifying, harrowing, brooming or by other approved methods. The course shall be sprinkled as required and compacted to the extent necessary to provide not less than the percent density as hereinafter specified under "Density ". In addition to the requirements specified for density, the full depth of flexible base shown on the Plans shall be compacted to the extend necessary to remain firm and stable under construction equipment. After each section of flexible base is completed, tests as necessry may be made by the Owner. If the material fails to meet the density requirements, it shall be reworked as necessary to meet those requirements. Throughout this entire operation the shape of the course shall be maintained by blading, and the surface upon completion shall be smooth and in conformity with the typcial section shown on the Plans and to the established lines and grades In that area on which pavement is to be placed, any deviation in excess of 1/4 inch in cross section and in a length of 10 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and recompacting by sprinkling and rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitablp material as required, reshaping and recompacting by sprinkling and rolling. Should the base course, due to any reason or cause, 1e the required stability, density, and finish before the surfacing is complete, it shall be recompacted and refinished at the sole expense of the Contractor. (2) DENSITY: The flexihle base shall be compacted to not less than 100 percent dry density when tested in accordance with TMD Test Method TEX- 113 -E. Field density determination shall be made in accordance with approved methods. (3) MINIMUM QUAN1'i'TiES: The Trail shall have a minimum of 3 inches of flexible base. Surfacing shall be a minimum 1 inch thick Hot Mix Asphaltic Concrete layer as specified herein. Any of the above subsurface requirements may be waived with the approval of the Engineer. Reasonahle effort should be made to prevent ponding of water on or near the Trail. PRIME COAT 201.1 DESC RIPTION: "Prime Coat" shall consist of an application of asphaltic material on the completed base course and/or other approved areas in accordance with these Specifications as directed by the Engineer. 201.2 CONSTRUCTION METHODS: When, in the opinion of the Engineer, the area and/or base is satisfactory to TS 6. receive the Prime Coat, the surface shall be cleaned by sweeping or other approved methods as directed by the Engineer. If directed by the Engineer, the surface shall be lightly sprinkled with water just prior to application of the asphaltic materiaL The asphaltic material shall be applied on the clean surface by an approved type of selfpropelled pressure distributor so operated as to distribute the prime coat at a rate not to exceed 0.25 gallon per square yard of surface, evenly and smoothly, under a pressure necessary for proper distribution. During the application of prime coat, care shall be taken to prevent splattering of adjacent pavement, curb and gutters or structures. The Contractor shall be responsible for cleaning splattered areas as determined and directed by the Engineer. Prime Coat shall not be applied when the air temperature is below 60 F and falling, but it may be applied when the air temperature is above 50 F and is rising; the air temperature being taken in the shade and away from ardfical heat. Asphaltic material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitahlP The distributor shall have been recently calibrated and the Engineer shall be furnished an accurte and satisfactory record of such calibration. After beginning of the work, should the yield on the asphaltic material applied appear in error, the distributor shall be calibrated in a manner satisfactory to the Engineer before proceeding with the work. The Contractor shalt be responsible for the maintenance of the surface until the work is accepted by the Engineer. No traffic, hauling or placement of any subsequent courses shall be permitted over the freshly applied Prime Coat until authorized by the Engineer. TACK COAT 202.1 DESCRIPTION: "Tack Coat" shall consist of an application of asphaltic material on the completed base course after the prime coat has sufficiently cured, in accordance with these Specification and as directed by the Engineer. 202.3 CONSTRUCTION METHODS: Before the tack coat is applied, the surface shall be cleaned thoroughly to the satisfaction of the Engineer. The asphaltic material shall be applied on the clean surface by an approved type of Gelf- propelled pressure distributor so operated as to distribute the tack coat at a rate not to exceed 0.10 gallon per square yard of surface evenly and smoothly under a pressure necessary for proper distribution. Where the pavement mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material used for the tack coat. The tack coat shall be rolled with a pneumatic tire roller as directed by the Engineer. During the application of the tack coat, care shall be taken to prevent splattering of adjacent pavement, curb and gutters or structures. The Contractor shall be responsible for cleaning splattered areas as determined and directed by the Engineer. TS 7. HOT MIX ASPHALTIC CONCRETE PAVEMENT 301.1 DESCRIPTION: This item shall consist of a leveling -up course a surface course or a combination of the courses as shown on the Plans, and to be composed of a compacted mixture of mineral aggregate and asphaltic materiaL The paving shall be constructed on the previously completed and approved base in accordance with the details shown on the Plans. (1) MINERAL AGGREGATE: The mineral aggregate shall be composed of a coarse aggregate, a fine aggregate, and if required, a mineral filler. Samples of coarse aggregate, fine aggregate and mineral filler shall be submitted for testing as directed by the Engineer and approval of both material and of the source of supply must be obtained from the Engineer prior to delivery. Combined mineral aggregate, after final processing by the mixing plant and prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than 45, unless otherwise shown on Plans when tested in accordance with Test Method TEX- 203 -F. Mineral aggregate from each source will meet the quality tests specified hereafter unless otherwise specified on the Plans. (a) COARSE AGGREGATE: Coarse aggregate shall be the part of the aggregate retained on the No. 10 sieve; shall consist of clean, tough, durable fragments of stone, crushed blast furnace slag, crushed gravel, gravel, cinder aggregate (produced by burning ]ignite or coal) or combination thereof as hereinafter specified of uniform quality throughout. When the coarse aggregate is tested in accordance with Test Method TEX -217 -F (Part 1, Seperation of Deleterious Material), the amount of organic matter, clay, loam or particles coated therewith or other undesirable materials shall not exceed two (2) percent and when the remaining part of the sample is further tested in accordance with Test Method TEX -217 -F (Part 11, Decantation), the amount of material removed shall not be more than two (2) percent. The coarse aggregate (each coarse aggregate when a combination of materials is used) shall have an abrasion of not more than forty (40) percent loss by weight when subjected to the Lcs Angeles Abrasion Test, Test Method TEX- 410 -A. Unless specified otherwise gravel shall be so crushed that seventy -five (75) percent of the particles retained on the No. 4 sieve shall have more than one crushed face when tested in accordance with Test Method TEX -413 -A (Particle Count). (b) FINE AGGREGATE: The fine aggregate shall be that part of the aggregate passing the No. 10 sieve and shall consist of sand, screenings, or combination thereof as hereinafter specified of uniform quality throughout. TS 8. Fine aggregate shall consist of durable particles, free from injurious foreign matter. Screening shall be of the same or similar material as specified for coarse aggregate. The plasticity index of that part of the fine aggregate passing the No. 40 sieve shall be not more than six (6) when tested in accordance with Test Method TEX- 106 -E. Fine aggregate from each source shall meet plasticity requirements. When stone screenings are specified for use, the stone screenings shall meet the following grading requirements unless otherwise shown on Plans: PERCENT BY WEIGHT Passing the 3/8" 100 Passing the No. 200 Sieve 10 -30 When authorized by the Engineer stone screenings containing particles larger than 3/8" sieve shall be considered as fulfilling the requirements for screenings when a minimum percentage of screenings is specified for a particular mixture. (C) MINERAL FILLER: Mineral filler shall consist of thoroughly dry stone dust, slate dust, portland cement, fly ash or other mineral dust approved by the Engineer. The mineral fitter shall be free from foreign and other injurious matter. When tested by Test Method TES -200 -F (Dry Sieve Analysis), it shall meet the following grading requirements. PERCENT BY WEIGHT Passing a No. 30 Sieve 95 to 100 Passing a No. 80 Sieve not less than 75 Passing a No. 200 Sieve not less than 55 ASPHALTIC MATERIAL (A) PAVING MIXTURE: Asphalt for the paving mixture shall be of the types of asphalt cement ar oil asphalt as determined by the Engineer. The grade of asphalt used shall be as designated by the Engineer after design tests have been made using the mineral aggregates that are to be used in the proct. If more than one type of asphaltic concrete mixture is specified for the project, only one grade of asphalt will be required for all types of mixtures unless otherwise shown on Plans. The Contractor shall notify the Engineer of the source of his asphaltic material prior to design or production of the asphaltic mixture and this source shall not be changed during the course of the project except on written permission of the Engineer. (3) SPREADING AND FINISHING MACHINE: The spreading and finishing machine shall be of a type approved by the Engineer, shall be capable of producing a surface that will meet the requirements of the typical crass section and the surface test, when required, and when the mixture is dumped directly into the finishing machine shall have adequate power to propel the delivery vehicles in a satisfactory manner. The finishing machine shall be equiped with a flexible spring and/or hydraulic type TS 9. hitch sufficient in design and capacity to maintain contact between the rear wheels of the hauling equipment and the pushed rollers of the finishing machine while the mixture is being unloaded. The use of any vehicle which requires dumping directly into the finishing machine and which the finishing machine cannot push or propel in such a manner as to obtain the desired lines and grades without resorting to hand finishing win not be allowed. Unless otherwise permitted by the Plans, vehicles of the semi-trailPr type are specifically prohibited from dumping directly into the finishing machine while in contact with the finishing machine. Vehicles dumping directly or indirectly into the finishing machine shall be so designed and equipped that unloading into the finishing machine can be mechanically and/or automatically operated in such a manner that overloading the finishing machine being used cannot occur and the required lines and grades will be obtained without resorting to hand finishing. Asphaltic- concrete spreading and finishing machine shall be equipped with an approved Automatic dual longitudinal screed control system and a transverse screed control system unless otherwise noted on the Plans or directed by the Engineer. The longitudinal controls shall be capahlP of operating from any longitudinal grade reference including a stringline, ski, mobile stringline or matching shoe. The Contractor shall furnish all equipment required for grade reference. It shall be maintained in good operating condition by personnel trained in the use of this type of equipment The equipment shall be such as to construct a finished surface within specified tnlPrances. (4) STRAIGHTEDGES AND TEMPLATES: When directed by the Engineeer, the Contractor shall provide acceptable 10 foot straightedges for surface testing. Satisfactory templates shall be provided as required by the Engineer. (5) EQUIPMENT MAINTENANCE: All equipment shall be maintained in good repair and operating condition and shall be approved by the Engineer. (6) ALTERNATE EQUIPMENT: When permitted by the Engineer in writing, equipment other than that specified which will consistently produce satisfactory results may be used. 301.3 CONSTRUCTION METHODS: The prime coat, tack coat or the asphaltic mixture when placed with a spreading and finishing machine, shall not be placed when the air temperature is below 60 F and is falling, but it may be placed when the air temperature is above 50 F and is rising. The air temperature shall be taken in the shade away from artificial heat. It is further provided that the prime coat, tack coat or asphalt mixture shall be placed only when the humidity, general weather conditions and temperature and moisture condition of the base are suitable If the temperature of the asphaltic mixture of a load or any part of a load becomes 50 F or more less than the temperature qP1Pcted by the Engineer after being dumped from the mixer and prior to placing while passing through the lay -down machine, all or any part of the load may be rejected and payment will not be made for the rejected materiaL TS 10. (1) PRIME COAT: If a prime coat is required, it shall be applied conforming to the requirements of the Item "Prime Coat" except the application temperature shall be as provided above. The tack coat or asphaltic concrete shall not be applied on a previously primed flexible base until the primed base has completely cured to the satisfaction of the Engineer. (2) TACK COAT: Before the asphaltic- mixture is ]aid, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satis faction of the Engineer. The surface shall be given a uniform application of tack coat using asphaltic materials of this specification. This tack coat shall be applied, as directed by the Engineer, with an approved sprayer at a rate not to exceed 0.05 gallons per square yard of surface. Where the mixture will adhere to the surface on which it is to placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact.surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for tack coat. The tack coat shall be rolled with a pneumatic tire roller when directed by the Engineer. (3) TRANSPORTING ASPHALTIC CONCRETE: The asphaltic mixture shall be hauled to the work in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during daylight hours. In cool weather or for long hauls, canvas covers and insulating of the truck bodies may be given a light coating of oil, slurry or other material satisfactory to the Engineeer, if necessary, to prevent mixture from adhering to the body. (4) PLACING: (a) Generally, the asphaltic mixture shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine, in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will meet the requirements of the typical crass sections and the surface tests. During the application of asphaltic material, care shall be taken to prevent splattering of adjacent pavement, curb and gutter and structures. When automatic screed controls for asphaltic concrete spreading and finishing machines are required, the grade reference used by the Contractor may be of any type approved by the Engineer. Control paints, if required by the Plans or Engineer, will be established for the finished profile by the Engineer. These points will be set on both sides of the course being laid, when necessary, at intervals not to exceed 50 feet. The Contractor shall set the grade reference for the sensor of the automatic control to follow from the control points established by the Engineer and the grade reference shall have sufficient support so that the maximum deflection shall not exceed 1/16 inch per 25 feet. (b) In placing a level -up course with the spreading and finishing machine, binder twine ar cord shall be set to the line and grade established by the Engineer. (c) When the asphaltic mixture is placed in a narrow strip along the edge of an existing pavement, or used to level up small areas of an existing pavement or TS 11. placed in small. irregular areas where the use of a finishing machine is pot practical, the finishing machine may be eliminated when authorized by the Engineer, provided a satisfactory surface can be obtained by other approved methods. (d) FLUSH STRUCTURES: Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted it will be slightly above the edge of the curb and flitch structure. (5) COMPACTING: (a) As directed by the Engineer, the pavement shall be compressed thoroughly and uniformly to the required density. (b) Rolling shall start longitudinally at the sides and proceed toward the center of the trail, overlapping on successive trips by at least half the width of the rear wheel unless otherwise- directed by the Engineer. Alternate trips of the roller shall be slightly different in length. Rolling with pneumatic-tire roller shall be done as directed by the Engineer. Rolling shall be continued until no further compression can be obtained and all roller marks are eliminated. The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the rep of rakes and of fresh mixtures where required. The roller shall not be allowed to stand on pavement which has not been fully compacted. To prevent adhesion of the surface mixture to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition. Necessary precautions shall be taken to prevent the dropping of gasoline, oil, grease or other foreign matter on the trail, either when the rollers are in operation or when standing. In lieu of the rolling equipment specified, the Contractor may, upon written permission from the Engineer, operate other compacting equipment that will produce equivalent relative compaction as the specified equipment. If the substituted compaction equipment - Wig to produce the desired compaction as would be expected of the specified equipment, as determined by the Engineer, its use shall be discontinued. (c) IN PLACE DENSITY: It is the intent of this specification that the material be placed and compacted to 95 percent of the density developed in the laboratory test and determined by Test Method TEX- 207 -F. The Contractor shall furnish the Engineer with field specimens for each 2,000 square yards or part thereof, of asphaltic concrete pavement placed and shall also patch the surface where the specimen is taken with no extra payment being made for this work. The Engineer will specify the location where the specimen will be taken and the Contractor shall remove the specimen on the day following placement of the asphaltic concrete pavement. The field specimens utilized for the in place density testing may be either cores or sections of asphaltic pavement. Other methods of determining in place density which correlate satisfactorily with those results obtained through use of the Test Method TEX -207 -F may be used. In place density tests are intended for compaction control tests If the in place density of the mixture produced has a value lower than that specified and in the opinion of the Engineer is not due to a change in the quality of the material, production may proceed with subsequent changes in the mix and /or construction operations until the in place TS 12. density equals or exceeds the specified density. (d) HAND TAMPING: The edges of the pavement along curbs, headers and similar structures, and all places not accessible to the rollar, or in such positions as will not allow thorough compaction with the rollers, shall be thoroughly compacted with lightly oiled tamps. (6) SURFACE TESTS: The surface of the pavement, after compression, shall be smooth and true to the established line, grade and eras, section, and when tested with a 0 foot straightedge placed para11a1 to the centerline of the trail or tested by other equivalent and acceptahla means, except as provided herein, the maximum deviation shall not exceed 1/8 inch in 10 feet, and any point in the surface not meeting this requirement shall be corrected as directed by the Engineer. The completed surface shall meet the approval of the Engineer for finish and appearance. - TS 13. MI M — — — — — MN IM — I d oor WIDE ®o o v o' o � o o °0 4 Do $ � � �:�y� i`� `fi +,��`n�� � ��n • ; .t f G . 11,14 / y 71 /' /'� 4 %.. �r; ` a ,_ .>• ,�` ,l !v + � G ( { '!!�'.t�I��� t F`/'�fr�!/(i, r .��' j %r� . t ;��j•,+., j •`° ` �ir���'..::��t•:.ti�y?. ` Y'fy;.Y rl� %,( 3 II AlRg RIAL ° v a s Coop o 0 Dap O O O O e 0 0 0o O O vto Ooo O Q O O SO ta a : DU 00 00 O Oe0o0+p 0 tiu U °OO O0 0 .SC—ALE 1 11, I FRONTIER PARK 6.97 AC. a - 9 c; o0 e 1. P \ /a 60 r6 • •`bNo OXFORD SOUL t V /4I1'v 1 nZ N / 9 = 22 'W 410. e O 3g �d 47.6 70.00 I° 00 2002 �C7n 7. T25•B.L. -W 0y �v / °O � � 6 2 3 4 5 b lb � 0.b '� w 0 0 f` ;N N 5, sr. N 2 oil• 0 ;\� i / • rib / / E , � 4iI / / 'L 'li < ST Z / p, �2 e 4 G I ,V 14. CORNER OF I 4 SA THOMAS SUR VEy 0 0 \ PARKLAND,8 \ \\ '`DRAINAGE EASEMENT \ \ \ ----- 27 • \\\ / 5.42 ACRES •\ s� �� �, O\ +, • ,\ 1 \ \ 0' 1 i 1 1 , `( 7 ` � \3 S3 - - - -\ f \ \ • oRati \_ / u� \ A/ CA N /9= 07 /34096 —.- STATE OF TEXAS: COU/7TY OF W /LL /AMSONM 1, JAMES T. WATSON, DO HEREBY CERT /FY THAT THE /NFORMAT /ON CONTAINED ON THIS PLAT COMPLIES W /TN THE SUBDIVISION ORDINANCES AND THE STORMWATER ..,, - t1111111L - MINL MIL MIL MIL MI 1111111_ OW K ENSING ati 0 0 (1 ‘JJ J d C) /93.27 .5 /9` •J // • 6' X0 8\ • // '4 ST/ 30F • ; / ' c i h S N 1�A� ti@J A'� 30- 33 "E 605.43 E. /?. n /„a /ze FORA /57 /6 \\ \� / i 3v.x�.r,, ., / \\ ° a . PARKLAND 8 �.° W S /NAGE EASEMENT ' s; �o Aso ., /0 0 5 \ 2 96 ACRES ' -,,,,>. ...c —... W =� � 0 //6.37 = ^Z ° . 3ry L. 1 �� �I i x_� r ig o i We myll ,m \ / pap\ A.\ \ K- / • �. _ CURVE DATA — N - - - AMC - - .: MEd - -- - - t ma: M.4 =NJ M NM - M. • cn NM OM I • w _ Is'09 _ _ 3, So ,o �3oR Al /NG 4 Gf 51✓� .• ,.m.• IZ•09E 3 tf N ,�--• 0 = W = o•oL z = o A $ c" M 0 4'd•9 D 4. 4 0`° 101.50 100.91 00 N 71 101.21 N 71'3415 E y W w 0 ` _ 6. 10° — 4'4°4 50^ w I w pso Nt, 2r "1"1 f Vii• //�,, Of ' 4 1 ° i 404 C 0T r .N +3,8t9 W ® N O2.33 ' •17f41'52 100.45 - I J • 1 - 1 I 0 1 H 71'40 06 E r 5 Z4 = f '.a . _L •, " • , c m ,.On X c 1 '" 0 I 4 4, 1 N 71'40'07'5 e 1 101.63 J N w ? N71 101.32. o 1171 1 ▪ N b 0 61 A . 11 H71.4004E 100.61 1 O , 100.70 0 100.05 99.3? .to - o ® N7031 E 50.01 c: o • 06'10 . .� N7[159ICE 101.76 P 20 0 MIE ZEPHYR N N7(; 5919'F 101.54. (J1 H7G 5920E 101.33 MN I Z£.OL N 71 LS 1 v , 9L'49 1 NI 4`,;:e w 4'01 �� • -9. Y N71 ∎3.100 1 O I N 101.79 1 N 712412E 50 0 l0 1 101.71 , o 1 N7129136 o N 101.59 1 0 1 o 0 1 Q) y 1 N71741dE N 7(29 I4 E 1 OH 101.45 01,4° 0 b 01 (r1 • 0 tri 10 I 0 - LC1 i19 1 J j 101.21 1 t,S I m1.1a 1N o 1 50' CA . 00 M IM pt _. / H 0 E — — — E 50', 02 •0 0 In 01 to w In Y m / / �'C :T% �'/�/ / ��IL I l i 1 � v 57 I ' v, /, 1 II P.O.B. I II 5 /9' ?1o' 30''E 49Z 73' 1' 1 1 7.5(0 WINDY TERRACE 0 1 • S /5 °55'E C= 70.20' 5 64- C= 35.3!0• • 10 S ��� T TS 19. rtial ARE L a�� •,5��1 �_ �� \\ I U qj � I WINDY l TERRACE m �l / SECTION ONE /Haynie & Kallman '<n CONSULTING ENGINEE 2115 North Mays