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R-88-1129 - 6/23/1988WHEREAS, the City has duly advertised for bids for the construction of certain street and drainage improvements for Deepwood Drive, and WHEREAS, Austin Paving Company submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of Austin Paving Company, and to authorize the construction of said street and drainage improvements, Now Therefore, BE IT RESOLVED BY THE COUNTIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Austin Paving Company is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with Austin Paving Company for the construction of said street and drainage improvements. RESOLVED THIS o[.�nl3 day of June, 1988. ATTEST: /L_ G5RESDEEPWOOD LAND, City Secretary RESOLUTION / /O r MIKE ROBINSON, Mayor City of Round Rock, Texas June 17, 1988 Mr. James R. Nuse, P.E. Director of Public works City of Round Rock 300 S. Blair Street Round Rock, Texas 78664 RE: Engineer's Letter of Recommendation Deepwood Drive Street and Drainage Improvements Dear Jim: Bids were opened at 2:00 p.m., Tuesday, May 31, 1988, for construction of the Deepwood Drive Street and Drainage Improvements. A total of nine (9) bids were received, with the lowest bidder being Austin Paving Company of Austin, Texas in the amount of $468,346.00. A complete bid tabulation is enclosed for your review. Austin Paving has completed many street and drainage projects in the area for the City of Round Rock, Williamson County and several other entities. Based on this past experience record and submission of the lowest and best bid, we recommend award of this contract to Austin Paving Company in the bid amount of $468,346.00. If you have any questions or comments, please feel free to call. Sincerely, HAYNIJ ALLMAN & G'_Y, INC. lliam roject Manage AWW /lm cc: Steven D. Rallman, P.E., R.P.S.; Haynie Rallman & Gray, Inc. James Domel; Haynie Rallman & Gray, Inc. #103- 2017 -38 Haynie 'Oilman & Gray, Inc. Consulting Engineers 12303 Technology Blvd , Sutte J Austin, Texas 78727 (512) 250 -8611 Cml Engtneenng Consultants Municipal Engtneenng land Planning Surveying 06103/0.8 HAYNIE KALLMAN & BRAY, INC. - BID TABULATIONS PAGE 1 PROJECT: DEEPWOOD DRIVE DESCRIPTION: STREET IMPROVEMENTS OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 - 2017 -38 FILE: 82:DPWODR BID DATE: MAY 31, 1988 8 2:00 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS DESCRIPTION ALTERNATE BID ITEM 41 AND 42 ALTI UNCLSS. STREET EXCAV, 8' FLEX. BASE S.Y. IN LIEU OF BID ITEM 11 ALT2 B' FLEX. BASE IN LIEU OF BID ITEM 42 S.Y. AUSTIN PAVING COMPANY GRATH, INC. AUSTIN EN6INEERIN6 UNIT UNIT UNIT UNIT DUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 . UNCLA551FIED STREET EXCAVATION S.Y. 20,675 $3.50 $72,362.50 03.25 $67,193.75 $3.15 $65,126.25 2 . 13.5' FLEXIBLE BASE S.Y. 15,481 $6.00 092,886.00 $5.40 $83,597.40 $5.40 $83,597.40 3 . 2' 0.M.A.0. PAVEMENT S.Y. 15,481 $3.50 $54,183.50 $3.75 $58,053.75 $3.70 $57,279.70 4 . STANDARD CONCRETE CURB 4 BUTTER L.F. 12,898 £4.00 $51,502.00 £4.10 £52,881.80 $4.20 $54,171.60 5 . CONCRETE LAYDOWN BUTTER L.F. 148 $4.00 $592.00 $4.10 £606.80 £4.20 $621.60 6 . WIRE FENCE L.F. 4,553 $2.00 $9,106.00 02.95 $13,431.35 $2.17 $9,880.01 7 . KNIT. MR00NB., MARKERS, TRFF. BUTTONS, L.S. 1 02,400.00 $2,400.00 $8,550.00 08,550.00 02,860.00 $2,860.00 8 . EROSION CONTROL L.S. 1 $2,300.00 $2,300.00 $0,050.00 $8,050.00 $5,500.00 $5,500,00 9 . REMOVAL OF EXST. STOCKPILED MATERIAL L.S. 1 $10,000.00 $10,000.00 $9,500.00 $9,500.00 $5,000.00 $5,000.00 10 . 4' SDR -35 PVC SLEEVES L.F. 443 $6.00 $2,658.00 £5.50 £2,436.50 $15.00 06,645.00 11 . 4' WIDEE CONCRETE SIDEWALK L.F. 3,255 $6.00 $19,530.00 $6.40 $20,832.00 $6.85 £22,296.75 12 . 12° SDR-35 PVC PIFE SLEEVE L.F. 231 $12.00 $2,772.00 $11.50 $2,656.50 $25.00 $5,775.00 13 . 6' WIDE CONCRETE VALLEY BUTTER EA. 1 $1,200.00 $1,200.00 $1,600.00 $1,600.00 $040.00 $840.00 14 . TREE PROTECTION L.S. 1 $500.00 $500.00 $2,495.00 $2,495.00 $500.00 $500.00 15 . 42' RCP CL.111 L.F. 538 062.00 $33,356.00 $58.00 $31,204.00 $67.00 $36,046.00 16 . 36' RCP CL.III L.F. 224 $43.00 09,632.00 $40.00 $8,960.00 £42.00 $9,408.00 17 . 30° RCP CL.III L.F. 363 $35.00 $12,705.00 $33.00 $11,979.00 $36.00 $13,068.00 18 . 24° RCP CL.1V L.F. 120 $29.00 $3,480.00 $27.00 $3,240.00 $26.00 $3,120.00 19 . 24° RCP CL.III L.F. 138 $27.00 $3,726.00 $25.00 03,450.00 $22.00 $3,036.00 20 . 18' RCP CL.III L.F. 1,157 $20.00 $23,140.00 $18.00 $20,826.00 $20.00 $23,140.00 21 . TRENCH SAFETY SYSTEM L.S. 1 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $5,000.00 $5,000.00 22 . 14' O.I. WATERMAIN ADJUSTMENT L.S. 1 $7,000.00 $7,000.00 $9,530.00 09,500.00 $7,500.00 $7,500.00 23 . 6' FLAT BOTTOM CHANNEL L.F. 225 $13.00 $2,925.00 £11.50 £2,587.50 $40.00 £9,000.00 24 . STANDARD 4' I.D. JUNCTION MANHOLES EA. 4 $1,200.00 $4,800.00 $1,600.00 $6,400.00 $2,000.00 08,000.00 25 . STANDARD 4'x4' I.D. JUNCTION BOXES EA. 2 $3,000.00 $6,000.00 $1,600.00 83,200.00 $3,500.00 $7,000.00 26 . CH 11 -B HEADWALL FOR 42' RCP EA. 1 $1,600.00 $1,600.00 $2,400.00 $2,400.00 $1,340.00 $1,340.00 27 . CH 11 -8 HEADWALL FOR 30' RCP EA. 2 $1,400.00 $2,800.00 $1,400.00 02,800.00 $1,300.00 $2,600.00 28 . STANDARD 15' RECESSED INLET EA. 8 $2,700.00 $21,600.00 $1,900.00 $15,200.00 $2,620.00 $20,960.00 29 . STANDARD 10' RECESSED INLET EA. 3 $2,500.00 $7,500.00 £1,700.00 $5,100.00 $2,200.00 $6,600.00 30 , CONCRETE SLDPENALL FOR 24' RCP EA. 2 $500.00 $1,000.00 $1,100.00 $2,200.00 $1,900.00 $3,800.00 TOTAL CONTRACT $468,346.00 $468,431.35 $479,711.31 $3.00 $3.00 $2.80 $4.50 $3.30 $3.80 06/0318B HAYNIE NALLMAN & GRAY, INC. - BID TABULATIONS FACE 2 PROJECT: DEEPNDOD DRIVE DESCRIPTION: STREET IMPROVEMENTS OWNER: CITY OF ROUND ROCK JOB NUMBER: 103 - 2017-38 FILE: 02:011DOR BID DATE: MAY 31, 1900 0 2:00 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS DESCRIPTION ALTERNATE BID ITEM 41 AND 42 ALT! UNCLES. STREET EXCAV. 8° FLEX. BASE S.Y. IN LIEU OF BID ITEM 01 ALT2 B' FLEX. BASE IN LIEU OF BID ITEM 42 S.Y. CAPITAL EXCAVATION 1 . UNCLASSIFIED STREET EXCAVATION B.Y. 20,675 $2.40 $49,620.00 $5.00 0103,375.00 $5.30 $109,577.50 2 . 13.5' FLEXIBLE BASE S.Y. 15,481 45.35 $82,823.35 $5.00 $77,405.00 $4.22 $65,329.02 3 . 2° H.0.A.0. PAVEMENT S.Y. 15,481 $3.56 455,112.36 43.50 $54,183.50 $3.59 455,576.79 4 . STANDARD CONCRETE CURB & GUTTER L.F. 12,098 43.85 449,657.30 43.00 $38,694.00 $3.95 $50,947.10 5 . CONCRETE LAYOOWN GUTTER L.F. 148 $4.50 $666.00 $4.00 $592.00 03.95 $564.60 6 . WIRE FENCE L.F. 4,553 $2.06 $9,379.18 $2.50 $11,382.50 $1.84 $8,377.52 7 . PVMT. MRKNG., MARKERS, TRFF. BUTTONS, L.S. 1 $2,705.00 02,705.00 $10,000.00 $10,000.00 $12,000.00 $12,000.00 8 . EROSION CONTROL L.S. 1 416,930.00 416,930.00 44,500.00 44,500.00 42,500.00 82,500.00 9 . REMOVAL OF EXST. STOCKPILED MATERIAL L.S. 1 $21,000.00 $21,000.00 $25,000.00 425,000.00 419,875.00 $19,875.00 10 . 4° SDR -35 PVC SLEEVES L.F. 443 $6.75 42,990.25 413.00 45,759.00 $12.50 45,537.50 11 . 4' WIDE CONCRETE SIDEWALK L.F. 3,255 $7.00 422,705.00 05.50 $17,902.50 47.40 424,007.00 12 . 12' SDR -35 PVC PIPE SLEEVE L.F. 231 $16.00 $3,696.00 $20.00 $4,620.00 $20.00 $4,620.00 13 . 6' WIDE CONCRETE VALLEY GUTTER EA. 1 $705.00 $785.00 $400.00 $400.00 $2,100.00 $2,100.00 14 . TREE PROTECTION L.S. 1 4500.00 E 4500.00 £500.00 4500.00 $750.00 4750.00 15 . 42° RCP CL.III L.F. 538 462.20 1 433,463.60 $52.00 427,976.00 452.00 427,976.00 16 . 36' RCP CL.III L.F. 224 447.60 1 410,662.40 438.00 48,512.00 438.00 48,512.00 17 . 30' RCP CL.III L.F. 363 442.20 i 415,318.60 432.00 011,616.00 432.00 011,616.00 18 . 24' RCP CL.IV L.F. 120 $30.70 $3,684.00 $26.00 $3,120.00 $26.00 $3,120.00 19 . 24' RCP CL.III L.F. 138 028.10 $3,877.80 $24.00 $3,312.00 $24.00 $3,312.00 20 . 18° RCP CL,III L.F. 1,157 421.40 424,759.00 417.00 420,594.60 $20.00 423,140.00 21 . TRENCH SAFETY SYSTEM L.S. 1 $4,350,00 44,350.00 43,000.00 $3,000.00 $3,000.00 43,000.00 22 . 14° D.I. NA ADJUSTMENT L.S. 1 45,270.00 $5,270.00 46,000.00 46,000.00 $5,200.00 45,200.00 23 . 6' FLAT BOTTOM CHANNEL L.F. 225 441.70 $9,382.50 430.00 46,750.00 $20.27 $4,560.75 24 . STANDARD 4' I.D. JUNCTION MANHOLES EA. 4 $1,150.00. $4,600.00 44,000.00 $16,000.00 42,950.00 $11,800.00 25 . STANDARD 4'x4' I.O. JUNCTION BOXES EA. 2 43,070.00 06,140.00 $3,500.00 $7,000.00 $3,500.00 $7,000.00 26 . CH 11 -B HEADWALL FOR 42° RCP EA. 1 $1,740.00 41,740.00 $2,000.00 £2,000.00 42,200.00 42,200.00 27 . CH 11 -B HEADWALL FOR 30° RCP EA. 2 $1,700.00 43,400.00 41,800.00 43,600.00 $1,650.00 $3,300.00 28 . STANDARD 15' RECESSED INLET EA. 8 43,155.00 425,240.00 $2,000.00 416,000.00 42,700.00 421,600.00 29 . STANDARD 10' RECESSED INLET EA. 3 $2,630.00 $7,890.00 $1,500.00 $4,500.00 $2,450.00 $7,350.00 30 . CONCRETE SLOPENALL FOR 24' RCP EA. 2 $2,280.00 $4,560.00 81,500.00 $3,000.00 $2,200.00 $4,400.00 TOTAL CONTRACT 4482,960.14 HUNTER INDUSTRIES HAYDEN CONCRETE UNIT UNIT UN1T UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 4497,294.10 $509,949.58 42.25 45.00 $4.29 43.35 44.00 $2,80 06/03/88 HAYNIE KAILMAN & GRAY, INC. - BID TABULATIONS POSE 3 PROJECT: DEEPWOOD DRIVE DESCRIPTION: STREET IMPROVEMENTS OWNER: CITY OF ROUND ROCK 20B NUMBER: 103- 2017 -38 FILE: 02:DPWDBR BID DATE: MAY 31, 1980 @ 2:00 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS DESCRIPTION ALTERNATE BID ITEM 91 AND 42 ALT1 UNCISS. STREET EXCAV. 8° FLEX. BASE S.Y. IN LIEU OF BID ITEM 41 ALT2 8° FLEX. BASE IN LIEU OF 818 ITEM 42 S.Y. J.C. EVAN5 SMITH EXCAVATING BAY MAINTENANCE CO. TOTAL CONTRACT 9527,597.45 UNIT UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 . UNCLASSIFIED STREET EXCAVATION S.Y. 20,675 £3.20 $66,160.00 $6.90 $142,657.50 £7.50 $155,062.50 2 . 13.5' FLEXIBLE BASE S.Y. 15,481 $5.80 $89,789.80 $6.85 $106,044.85 $9.00 $139,329.00 3 . 2° 0.9.0.C. PAVEMENT S.Y. '15,481 £3.70 $57,279.70 $3.65 $56,505.65 £4.00 £61,924.00 4 . STANDARD CONCRETE CURB & BUTTER L.F. 12,898 $4.50 $58,041.00 $4.75 $61,265.50 $5.00 $64,490.00 5 . CONCRETE LAY80WN GUTTER L.F. 148 $6.00 $888.00 $4.00 $592.00 $5.00 $740.00 6 . WIRE FENCE L.F. 4,553 $2.65 $12,065.45 $2.15 $9,788.95 $3.00 $13,659.00 7 . PVMT. MRKNG., MARKERS, TRFF. BUTTONS, L.S. 1 $8,500.00 $8,500.00 £11,300.00 $11,300.00 $7,000.00 $7,000.00 8 . EROSION CONTROL L.S. 1 $7,009.00 $7,009.00 $12,800.00 $12,800.00 $12,000.00 $12,000.00 9 . REMOVAL OF EXST. STOCKPILED MATERIAL L.S. 1 $30,000.00 $30,000.00 $26,500.00 £26,500.00 $18,000.00 $18,000.00 10 . 4' SCR -35 PVC SLEEVES L.F. 443 09.00 $3,987.00 $13.10 $5,803.30 $6.00 , $2,658.00 11 . 4' NIDE CONCRETE SIDEWALK L.F. 3,255 $6.10 $19,855.50 $7.75 $25,226.25 $10.00 $32,550.00 12 . 12° SDR -35 PVC PIPE SLEEVE L.F. 231 $16.00 $3,696.00 $21.00 $4,851.00 $12.00 $2,772.00 13 . 6' WIDE CONCRETE VALLEY BUTTER EA. 1 £1,525.00 $1,525.00 $2,450.00 $2,450.00 $1,000.00 £1,000.00 14 . TREE PROTECTION L.S. 1 $490.00 $490.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 15 . 42° RCP CL.III L.F. 53B $65.00 $34,970.00 $56.00 £30,128.00 $58.00 $31,204.00 16 . 36° RCP CL.III L.F. 224 $48.00 $10,752.00 $40.00 $8,960.00 $45.00 810,080.00 17 . 30' RCP CL.11I L.F. 363 $40.00 $14,520.00 $34.00 812,342.00 $36.00 $13,068.00 18 . 24' RCP CL.IV L.F. 120 $30.00 $3,600.00 $27.30 $3,276.00 $29.00 03,480.00 19 . 24° RCP CL.III L.F. 138 $29.00 $4,002.00 £26.00 $3,588.00 $26.00 $3,588.00 20 . 18' RCP CL.III L.F. 1,157 026.00 $30,082.00 $21.00 $24,297.00 $20.00 $23,140.00 21 . TRENCH SAFETY SYSTEM L.S. 1 83,600.00 $3,600.00 $3,150.00 $3,150.00 88,000.00 $8,000.00 22 . 14° O.I. WATERMAIN ADJUSTMENT L.S. 1 $10,600.00 $10,600.00 $5,460.00 $5,460.00 $10,000.00 *10,000.00 23 . 6' FLAT BOTTOM CHANNEL L.F. 225 $51.00 $11,475.00 $30.00 $6,750.00 $20.00 $4,500.00 24 . STANDARD 4' I.O. JUNCTION MANHOLES EA. 4 $1,800.00 $7,200.00 $3,500.00 $14,000.00 $2,000.00 $8,000.00 25 . STANDARD 4'x4' I.D. JUNCTION BOXES EA. 2 $2,200.00 $4,400.00 £4,000.00 $8,000.00 $2,400.00 $4,800.00 26 . CH 11 -8 HEADWALL FOR 42' RCP EA. 1 £2,600.00 $2,600.00 $2,300.00 $2,300.00 $1,300.00 $1,300.00 27 . CH 11 - HEADWALL FOR 30° RCP EA. 2 $1,350.00 $2,700.00 $1,750.00 $3,500.00 $1,200.00 $2,400.00 28 . STANDARD 15' RECESSED INLET EA. 8 $2,600.00 $20,800.00 $2,750.00 $22,000.00 $2,500.00 $20,000.00 29 . STANDARD 10' RECESSED INLET EA. 3 $2,170.00 $6,510.00 *2,500.00 $7,500.00 $2,200.00 $6,600.00 30 . CONCRETE SLOPEWALL FOR 24° RCP EA. 2 $250.00 $500.00 $2,250.00 $4,500.00 $2,500.00 $5,000.00 $627,036.00 $669,344.50 $2.30 66.50 06.00 $3.20 $4.30 85.90 `sue Austin June 17, 1988 Mr. Bill Waeltz Haynie Kallman & Gray, Inc. Consulting Engineers 12303 -J Technology Blvd. Austin, Tx 78727 Austin Paving Company 7800 Shoal Creek South Building, Suite 142 Austin, Texas 78757 512 451 -4082 Re: Deepwood Drive Street & Drainage Improvements Project # 103 - 2017 -36 Austin Paving An Austin Industries Company Subcontractor List Dear Mr. Waeltz: This letter serves to inform you of our proposed subcontractors on the above referenced project. Schmidt Construction Company Pipework Ned Ross Company Excavation Austin Curb, Inc. Curb & Gutter K. S. T. Hydromulch Erosion Control Austin Garza Construction Co., Inc. Headwalls & Inlets Viking Fence Co. Fence Campbell Light & Barricade Pavement Markings & Barricades Since el�c'1 Jeff Sanders Estimator DATE: June 20, 1988 SUBJECT: Council Agenda, June 23, 1988 ITEM: 12A. Consider a resolution authorizing the Mayor to enter into a contract for street and drainage improvements to Deepwood Drive. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On May 31, 1988 nine bids were opened for the Deepwood Drive Improvements. Austin Paving was the low bidder in the amount of $468,346.00. Attached please find a letter of recommendation from the Engineer, a bid tabulation, and a letter from Austin Paving listing subcontractors. , Staff recommends acceptance of the bid of Austin Paving for $468,346.00. Bids will be received at City Council Chambers City of Round Rock, 221 E. Main Street, Round Rock, Texas until 2:00 p.m., Tuesday, May 31, 1988 , TFkh� THE CITY OF ROUND.ROCK DEEPWOOD DRIVE STREET AND DRAINAGE IMPROVEMENTS 'SPECIFICATIONS AND CONTRACT DOCUMENTS OWNER: THE CITY OF ROUND ROCK SPECIFICATION NO. H Hays nan G ay b ansuknEgurer Anstin HK &G Job No.: 103 - 2017 -36 Spec Version: 11/06/87 1 : 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Haynie Kallman &Gray, Inc. Consulting Engineers MAY 24, 1988 ADDENDUM NO. 1 DEEPWOOD DRIVE - STREET AND DRAINAGE IMPROVEMENTS Addendum No. 1 to the Plans, Specifications and Contract Documents for "Deepwood Drive Street and Drainage Improvements" project for the City of Round Rock, Texas. 1. On Page 1 of 3 of the "Instructions to Bidders ", revise address to read: THE CITY OF ROUND ROCK 221 E. Main Street Round Rock, Texas 78664 2. In Proposal Bidding Sheet, replace Page 10 of 12 with attached revised Page 10 of 12. 3. All Bidders shall acknowledge Addendum No. 1 on Sheet 2 of 12 of the Proposal. ADDENDUM NO. 1 - 1/2 12303 Technology Blvd , Suue J Ausun, Texas 78727 (512) 250 - 8611 Civil Engineering Consultants Municipal Engineenng land Planning Surveying 1 ADDENDUM NO, 1 - 2L2 Bid Item Description Unit Item Ouantity gait and Written Unit Price Price- Amount 27 1 1 1 1 1 1 1 1 1 -_ 1 1 1 1 1 2 EA. CH 11 - Headwall for 30" R.C.P. including excavation, dissipators, seeding and restoration, complete in place per each for Dollars and Cents $ $ 8 EA. Standard 15' Recessed Inlet, complete in place per each for Dollars and Cents $ $ 3 EA. Standard 10' Recessed Inlet, complete in place per each for Dollars and Cents $ $ for Dollars and Cents $ $ TOTAL PROJECT BID $ Page 10 of 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i Haynie Kallman & Gray, Inc. Consulting Engineers MAY 27, 1988 ADDENDUM NO. 2 DEEPWOOD DRIVE — STREET AND DRAINAGE IMPROVEMENTS Addendum No. 2 to the Plans, Specifications and Contract Documents for "Deepwood Drive Street and Drainage Improvements" project for the City of Round Rock, Texas. 1. In Proposal Bidding Sheet, replace Page 10 of 12 with attached revised Page 10 of 12. 2. All Bidders shall acknowledge Addendum No. 2 on Sheet 2 of 12 of the Proposal. ADDENDUM NO. 2 - 1/2 12303 Technology Blvd., Suite.) Austin,Texas 78727 (512) 250-8611 Civil Engineering Consultants Municipal Engineenng land Planning Surveying 1 ' ADDENDUM NO. 2 - 12 ' Bid item Description Unit Item Quantity Unit and Written Unit Price Price Amount - 1 1 1 1 1 1 I -22_ 1 1 1 TOTAL PROJECT BID $ 1 2 EA. CH 11 -B Headwall for 30" R.C.P. including excavation, dissipators, seeding and restoration, complete in place per each for Dollars and Cents $ $ 8 EA. Standard 15' Recessed Inlet, complete in place per each for Dollars and Cents $ $ 3 EA. Standard 10' Recessed Inlet, complete in place per each for Dollars and Cents $ $ 2 EA. Concrete Slopewall for 24" R.C.P., complete in place per each for Dollars and Cents $ $ 1 Page 10 of 12 1 1 1 1 1 .1- 1 1 1 1 1 1 1 1 1 1 1 1 1 - TITLE SHEET 2 - INDEX 3 - NOTICE TO CONTRACTORS 4 - ADVERTISEMENT SUMMARY 5 - INSTRUCTIONS TO BIDDERS 6 - PROPOSAL AND BIDDING SHEETS 7 - INFORMATION REQUIRED OF BIDDER 8 - AGREEMENT 9 - PERFORMANCE BOND 10 - PAYMENT BOND 11 - MAINTENANCE BOND 12 - CERTIFICATE OF INSURANCE 13 - GENERAL CONDITIONS 14 - SPECIAL CONDITIONS 15 - TECHNICAL SPECIFICATIONS INDEX CONTRACT DOCUMENTS NOTICE TO CONTRACTORS DEEPWOOD DRIVE STREET AND DRAINAGE IMPROVEMENTS Sealed Bids, in envelopes addressed to The City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664 will be received at the above mentioned address until 2:00 p.m., Tuesday, May 31, 1988 and then publicly opened and read, for furnishing all plant, labor, material and equipment and performing all work required for the construction of the Deepwood Drive Street and Drainage Improvements. Bids will be submitted in sealed envelopes for the project on the proposal furnished, and marked in the upper left hand corner "Bid for Deepwood Drive Street and Drainage Improvements to be opened at 2:00 p.m., Tuesday, May 31, 1988 ". All proposals shall be accompanied by a certified cashier's 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, a guarantee that bidder will enter into a contract and execute performance bond within ten (10) days after notice of award of contract to him. The notice of award of contract shall be given by Owner within sixty (60) 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 bids are opened, except those which the Owner elects to hold until the successful bidder has executed the contract. Thereafter all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. The successful bidder must furnish performance bond, payment bond and maintenance 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 authority from the Security 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 all bids, and to waive any informality in bids received. Page 1 of 2 Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie Rallman & Gray, Inc., for twenty -five ($25.00) dollars per set, which is non - refundable. Plans and specifications may be examined at the office of the Engineer, Haynie Rallman & Gray, Inc., 12303 -J Technology Blvd., Austin, Texas. 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 effect the work or the cost hereof. 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 Engineer, Haynie Rallman & Gray, Inc., and obtain clarification prior to submitting any bid. Prequalification 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 regulated by the State of Texas and the Federal Government. The Project shall be completed within one hundred twenty (120) calendar days after Notice to Proceed from the Engineer. Advertised in the Austin American Statesman: Sunday, May 15, 1988 Sunday, May 22, 1988 Sunday, May 29, 1988 Advertised in the Round Rock Leader: Monday, May 16, 1988 Monday, May 23, 1988 Monday, May 30, 1988 Page 2 of 2 OWNER: The City of Round Rock LOCATION: Round Rock, Texas ADVERTISEMENT SUMMARY PROJECT TITLE & TYPE: Deepwood Drive Street and Drainage Improvements BID BOND: 5% PERFORMANCE BOND: 100% PAYMENT BOND: 100% MAINTENANCE BOND: 100% PLANS AVAILABLE: May 17, 1988 HAYNIE KALLMAN & GRAY, INC. 12303 -J Technology Blvd. Austin, Texas 78727 Telephone: (512) 250 -8611 OPENING TIME: 2:00 p.m., May 31, 1988 OPENING PLACE: CITY OF ROUND ROCK CITY COUNCIL CHAMBERS 221 E. Main Street Round Rock, Texas 78664 Telephone: (512) 255 -3612 INSTRUCTIONS TO BIDDERS PROPOSAL The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: THE CITY OF ROUND ROCK c/o HAYNIE KALLMAN & GRAY, INC. 12303 -J Technology Blvd. Austin, Texas 78727 and shall be identified as follows: "Bid for Deepwood Drive Street and Drainage Improvements to be opened at 2:00 p.m., May 31, 1988." A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals be publicly opened and read at the time and place stated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. Unauthorized condition, limitation 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 unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and if filed with the Engineer. 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 rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. RETURN OF PROPOSAL GUARANTEES Within twenty -five (25) days after bids are opened, the Owner will return the proposal guarantees accompanying each of the proposals as are not considered in making the award. All other proposal guarantees will be held until the Contract has been finally executed. Page 1 of 3 They will be returned to the respective bidders whose proposals they accompany within sixty (60) days after the contract execution. AWARD OF CONTRACT - RESERVATION OF RIGHTS Contract, if awarded, will be awarded to responsible bidder whose proposal complies with all the requirements prescribed. Award, if made, will be made within sixty (60) calendar days after the opening of the proposals. The Owner reserves the right to reject any or all bid proposals, to accept the lowest responsible bidder's proposal, and to waive any informality 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 fails to execute the Contract, the Owner may award the Contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the Owner may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second and third lowest responsible bidder to execute the Contract, the work may be bid again at a later date. PROPOSAL GUARANTEE Each proposal shall be accompanied by a certified or cashier's check or 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 Notice of Award and will furnish the necessary bonds as hereinafter provided. In case of refusal or 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 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 Partnership it shall be signed with the co- partnership name by a member of the Partnership, 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. Page 2 of 3 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 work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Bidder ", bound herein. BIDDER'S EXAMINATION OF SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefore. It will be understood 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 request for such information in writing to Engineer, a minimum of 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 Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued twenty -four (24) hours before the opening of bids will be mailed or delivered to each Contractor contemplating the submission of a proposal on this work. The proposal as submitted by the Contractor will be so constructed as to include any Addenda if such are issued by the Engineer twenty -four (24) hours before the opening of bids. Page 3 of 3 1 1 1 1 1 �1 1 1 1 1 1 1 1 1 1 1 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF DEEPWOOD DRIVE STREET AND DRAINAGE IMPROVEMENTS 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; agrees that he will provide all the necessary supervision, labor, machinery, equipment, tools, apparatus, and other items incidental to construction; will do all the work and furnish all the materials called for in_ the Contract Documents, Plans 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 bids. 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, to complete the work fully 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 (7) calendar days after written Notice to Proceed has been given. Page 1 -0f 12 1 1 ACKNOWLEDGEMENT OF PAYMENT ITEMS I The undersigned acknowledges that the following bid items are the only items of payment under this contract and that his bid price under these items reflects the complete charges for furnishing all labor, material, 1 and equipment to complete the project as outlined in the Plans, Specifications, and the Contract Documents. ICNOWL£DGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS 1 The undersigned warrants that he has examined the location of the proposed work, the plan drawings, specifications, and all other parts 41_ of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. I CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the work in one hundred twenty (120) calendar days. II OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the 1 right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA 1 The undersigned acknowledges receipt of the following addenda; j Addendum No. Dated 1 1 5 /a 88 1 2 S/77/ 38 1 1 1 1 1 Page 2 of 12 1 1 1 1 CONTRACT: Street and Drainage Improvements JOB NAME: Deepwood Drive Street and Drainage Improvements 1 JOB LOCATION: Round Rock, Texas 1 1 1 I 1 1 i 1 1 1 1 1 OWNER: City of Round Rock PROPOSAL BIDDING SHEET Gentlemen: Pursuant to the foregoing Advertisement for Bids and Instruction to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary supervision, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work bid as provided by the attached supplemental specifications, and as shown on the plans for the construction of Deepwood Drive Street and Drainage Improvements and binds himself or acceptance of this proposal to execute a contract and bonds for completing said project within the time stated for the following prices, to wit: Bid Item Description Item Ouantitv Unit and Written Unit Price Unit Price Amount _L 20,675 EA, Unclassified Street Excavation including Grubbing & Subarade preparation complete in Place per square yard for THREE Dollars and TWENTY FIVE Cents $).25 $.6 _2_ 15.481 S.Y. 13.5" Flexible Base, complete jn place per square vard 1 1 for FIVE Dollars and FORTY Cents $1,,40 1 Page ___2_,_ 12—_ 1 'Bid Item Description Unit m Ouantitv Unit and Written Unit Price Price Amount 1 _ 15.481 S.Y. 2" R.M.A.C. Pavement. complete in Place per square I vard for THREE Dollars and SEVENTY FIVE Cents $3.75 $58.053.75 I 12,898 LA, Standard Concrete Curb and i Gutter. complete in Place i Per linear foot 1 for FOUR Dollars and TEN Cents $4.10 $ 52,881.80 1 148 L•F• Concrete Lavdown Gutter, complete in place per linear 1 foot for FOUR Dollars 1 and TEN Cents $ 4.10 $ 606 80 I — 12_ 4.553 IA,_ Wire Fence. including 3 aluminum swing sates. all Posts, pull posts. pipe I kraces, wire stays. and wire. complete in Place per linear foot 1 for TWO Dollars and NINETY FIVE Cents $2.95 $13,431 35 1 I ' Page 4 of _12_ 1 1 1 Bid Item Ouantitv 1 1 1 _ -I- 1 1 - ! i 1 443 1 1 1 1 ;1 Item Description Unit and Written Unit Price j,•5. Pavement Markings (Reflectorized) Pavement Markers. Traffic Buttons. Signs and Barricades. complete in place per lump sum forEaght thousand five Dollars -hundred fifty dollars $8,550.00 and Zero Cents $ L.S• Erosion Control. Restoration and Revecetation. complete in place per lump sum forEight thousand fifty Dollars and Zero' Unit Price Amount $8,550.00 Cents $8.050_00 $Rnsn nn 1,g }removal of existing Stockpiled Material (STA. 12 +25 to 13 +75 outside west R.O.W.). complete In place per lump sum forNine thousand five Dollars hundred dollars and Zer Cents $9.500.00 $9,5nn nn LA, 4" SDR -35 P.V.C. Sleeves. complete in place per linear foot for FIVE Dollars and FIFTY Cents $550 $1,436 sn Page 5 of 1_ 1 1 Bid Item Description Unit Item Ouantitv Knit and Written Unit Price ice Amount _11_ 3.255 L.F• 4' Wide Concrete Sidewalk including Handicap Ramps, 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 complete in place per linear foot for SIX Dollars and FORTY 231 L.F. 22" SDR - 35 P.V.C. Pipe ,Sleeve. complete in place per linear foot for ELEVEN and FIFTY _ 1 EA• 6' Wide Concrete Valley Gutter. complete in place Dollars per each for One thousand six Dollars hundred dollars and Zero Cents $1.600.00 $7.600.00 _ 1 y.S. Tree Protection. complete in place per lump sum Cents $6.40 $20149 nn Cents $11.50 $2.656.50 for Two thousand four Dollars hundred ninety five and Zero Cents $2. 495.00 Page _ �_ of _12_ $;.495.00 1 " Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price Amount 15 538 L.F. 42" R.C.P. C1.III. complete in place per linear foot 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 for FIFTY EIGHT and Z 224 L.F. 36" R.C.P. Cl.III. complete jn place per linear foot for FORTY and ZERO 363 L.F• 30" R.C.P. C1.III. complete in place per linear foot fOITHIRTY THREE and ZERO 120 LA: 24" R.C.P. Cl.IV. complete jn place per linear foot for TWENTY SEVEN Dollars and ZERO Cents $27.00 Page 7_ of 1_ Dollars Cents $58.00 $31,204.00 Dollars Cents $40.00 $8,960.00 Dollars Cents $33.00 $3,240.00 $11,979.00 1 1 1 — 11_ 138 L.F.. 24" R.C.P. C1.III. complete 1 1 t_ 1 1 1 1 1 1 1 1 1 Bid Item Description I}gfn Quantity Malt and Written Unit Price ZL In place per linear foot Unit Price Amount for TWENTY FTVF Dollars and ZERO Cents $25.00 $3.450.00 1.157 L•F. 18" R.C.P. C1.III. complete in plggg_2er linear foot for EIGHTEEN Dollars and ZERO _2 1 L,S, Trench Safety System, J . complete in place per lump ' sum for SEVEN THOUSAND FIVE Dollars HUNDRED 1 and ZERO Cents $ 7500 nn $ 7,snn no L•S. 14" D.I. Watermain Adjustment. including all pipe fittings. Cents $1R_n0 $2n,R96.0a grain Hydrant Assembly. 1" }1.A.V.R.V.. and all appurtenances. complete in place per lump sum forNINE THOUSAND FIVE Dollars HUNDRED and ZERO Cents $ 9,5on nb $9.500 nn Page _a_ of __12, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bid Item Description Unit Item Quantity Unit and Written Unit Pri&.€ Price &qunt _22_ - 222_ L.F• 6' Flat Bottom Channel. including Reeding & res.QIg= tjon, complete in place per Linear foot for ELEVEN Dollars and FIFTY Cents $11 5n $ ?,587.50 EA. Ehandard 4' I.D. Junction Manholes. complete in place per each forONE THOUSAND SIX Dollars HUNDRED and ZERO Cents $ 1,600 on $6 400.00 _.2._ gA. Standard 4'x4' I.D. Junction Boxes. complete in place per each forONE THOUSAND SIX HUNDRED and ZERO EA. CH 11 —B Headwall for 42" A.C.P. including excavation, dissipaters. seeding and restoration cxnxplete in place per each $3.200.00 Page 9 of 12-- Dollars Cents $1,600.00 • for TWO THOUSAND FOUR Dollars HUNDRED and ZERO Cents:$? 400. ___ $2.9Q.➢_IIII_. 1 1 I Bid ;tem 1-V_- 1 1 1 1 1 1 1- 1 1 1 1 1 TOTAL 1 ADDENDUM NO. 2. - 1Z Item Description Unit Ouantity Unit and Written Unit Price Price Amoun PROJECT BID 2_ EA. CH 11 -B Headwall for 10" R.C.P. including excavation, dissipaters, seeding and restoration complete in place per each for ONE THOUSAND FOUR Dollars HUNRED DOLLARS and ZERO Cents $1,400.00 $2,80_1.0_0 _R_ EAr. Standard 15' Recessed Inlet, complete in place per each for ONE THOUSAND NINE Dollars HUNDRED DOLLARS and ZERO Cents $1,900.00 $15,200.00 EA. Standard 10' Recessed Inlet, complete in place per each for ONE THOUSAND SEVEN Dollars HUNDRED DOLLARS 5,100.00 and ZERO Cents $1 700.00 $ 2_ EA. Concrete Slopewall for. 24" H,C.P., coLplete in place per each for ONE THOUSAND ONE HUNDRED DOLLARS and ZERO • Page ___11__-of __12_ of _ _la__ Dollars Cents $ 1,100.00 $ 2,200.00_ $468,431.35 1 'T_E BID ITEM #1 AND #2 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price amount 1 • ALT1 20,675 S.Y. Unclassified Street Excava- tion for 8" glexible sage in lieu oLBid Itgm #1, complete 1 in place pe guare \Tara for THREE Dollars 1 and ZERO Cents $3 00 $ ALT2 15,481 S.Y. 8" Flggible Base in lieu of $id Item 412. complete in place per square yard for THREE DOLLARS Dollars 1 1 1 1 1 1 1 1 1 NOTE: Determination of base thickness shall be made by the Engineer in the field at the time of construction based upon existing subgrade conditions. (See Soils Report Section of specifications). and THIRTY Page . 11 , of — Cents $1 10 $ 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 SUBMISSION OF THE PROPOSAL In accordance with the Contract Documents, the preceding Proposal is hereby respectfully submitted by: BRATH. Inc. Name of Contractor ecuted by: J. E. Black 600 IH 35 South Business Address Round Rock Texas City State Page 12 of 12 05/31/88 Date CEO Construction Title or Position 512/244 -2293 Telephone Number 78681 Zip 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name BRATH, Inc. (2) Address 600 IH 35 South, Round Rock, Texas 78681 (3) Phone Number 512/244 -2293 (4) Type of Firm: (g) Corporation Individual, (,.) Partnership, (5) Corporation organized under the laws of the State of Texas INFORMATION REOUIRED OF BIDDER (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation. J.E. Black. CEO Construction 600 IH 35 Sr.. Round Rock. TX 78681 Ron Hagood, CEO Operations 600 IH 35 So.. Round Rock. TX 78681 (7) Number of years experience 1015 vrs (8) Contract l Amount/Class 3 of p Work/Date o Completed/Name and n Address of Owner: B Bergstrom Air Force Base $1,416,000.00 Bldq /Sitework 02/88 Dei'VEYel0Texas •78617 Round Rock ISD 1311 Roun Rock AvenQe $1,449.700.00 Bldq /Sitework 02/88 Luby's Cafeterias $ 860,835.Q B1dq.Constr. 05/87 San•Antonio0TX 78233 (9) List the name and address of each subcontractor who will perform work in or about the work or improvement in excess of one -half what part of percent of the price indicate subcontractor: h�115i�. W(b��nC. - Jl't¢ w0 /k,C,✓o f CJtU� i6 2 Cq*� �■,c�4/ S Y7or -Y:cW� �r%.tu �cY�rS+�n� %) v% Q.d-ca — 3gw¢t Page 1 of 2 1 (10) Payment of taxes, in the State of Texas Yes x No (11) List all jobs you performed in which a trench failure injury occurred: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 None (12) If requested by the Owner, the Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 { • r __ w ice. Myra �} 't?�.. w+!�v T 'SC.}/.- Tri £a. ii . �. !.k 1 •♦ h f •? 4 wa x...- } j'.. r.eta...''40• • .. -1,... °a, ;r � dJ4' "Y.�i of B TD BOND Know All Men By These Presents, That we, Brath, Inc Principal, and Round Rock, Texas S-368 Rev. 12-83 Printed in U.S.A. called the Surety), as Surety, are held and firmly bound unto The Travelers Indemnity Company about to submit a proposal to the Obligee on a contract for Drainage Improvements. Bond No. _._..__.(hereinafter called the Principal), as , a corporation, organized and existing under the laws of the State of Connecticut and having its principal place of business in Hartford, Connecticut (hereinafter City of Round Rock (hereinafter called the Obligee) in the penal sum of -- Five Percent (57,) of Maximum Amount of Bid. -Dollars ($ 57 of Bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION I5 SUCH, That, whereas the Principal has submitted or is Deepwood Drive Street and NOW, THEREFORE, if the 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 contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this.__.._.. 31st day of May By: THE TRAVELERS INDEMNITY CO Attorney -10- :y C. A. Schutze ._ lj Attorney-in-Peet. 7� J, t +T i,;r, i .i yr�l -�li�- ?' !„'Nya,. a➢ ir= .C!„*w+ i) i€v A d i1 N t{r ` '+- 1 ri 4 3.+ ') '� Y4V71.2 I x h ry >'vr ! ; BID BOND I" NUMBER ON BEHALF OF �I IN FAVOR OF I i x 1 The Travelers Indemnity Company Hartford, Connecticut If necessary, validation of this power of attorney is available at (203) 277 -7839. Collect calls will be accepted 1 1 KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint C. A. Schutze, Jr., Steve Schutze, Janis Hudec, all of Austin, Texas, EACH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 its true and lawful Attorney(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985 which Resolutions are now in full force and effect: • VOTED: That the Chairman of the Board, the President, any Executive Vice President, any Senior Vice President, arty Vice President, any Second Vice President, the Corporate Secretary or any Department Secretary may appoint attorneys -in -fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to exaute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney -In-fact or agent and revoke the power and authority given to him. • Vo t i u: Thai any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, any Executive Vice President, any Senior Vice President, any Vice President or any Second Vice President and duly attested and sealed, if a seal is required, by the Corporate Secret.try or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department Secretary, or shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent, pursuant to and within the limns of the authority granted by his or her power of attorney This power of attorney is signed and sealed by facsimile under and by the authority of (he following Resolution adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985: Vorro. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when 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 TRAVELERS INDEMNITY COh A J d I Y has caus d these presents to be sged by its proper officer and its corporate seal to be hereunto affixed this r day of e THE TRAVELERS INDEMNITY COMPANY S -2242 Rev 9.85 Primed in U.S.A. POWER OF ATTORNEY By Secretary, Surety (Over) State of Connecticut, County of Hartford —ss: On this 23rd day of September in the year 1986 before me personally came D. L. Banta to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which exe- cuted the above instrument; that he signed his name thereto by the above quoted authority; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, and that it was so affixed by authority of his office under the by -laws of said corporation. CERTIFICATION I, Paul D. Tubach, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, and the above quoted Resolutions of the Board of Directors of November 1, 1985 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 31st day of May 19 • 88 S.2242 (RACK, Notary Public My commission expires April 1, 1988 A7. `11.12-et tX. Assistant Secretary, Surety THE STATE OF TEXAS COUNTY OF WILLIAMSON THI AGREEMENT, made and entered into this ,.-9 day of , A.D., 1988, by and between THE CITY OF ROUND ROCK of th Count of Williamson, and the State of Texas, acting through Mike Ro i[ison, Mayor, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and BRATS, INC. of the City of Round Rock, County of Williamson, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for 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: AGREEMENT "Deepwood Drive Street and Drainage Improvements" further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by HAYNIE KALLMAN & GRAY, INC., 12303 -J Technology Blvd., Austin, Texas 78727, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) calendar days after the date written notice to do so shall have been given to him, and to complete the same within one hundred (120) calendar days after the date of the written notice to proceed, subject to such extensions of time as are provided by the General and Special Conditions. Page 1 of 2 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. THE CITY OF ROUND ROCK, TEXAS Party of the First Part (OWNER) BY: Mayor Mike Robinson ATTEST: Corporate Seal Page 2 of 2 BRATH, INC. Party of the Second Part (CONTRACTOR) ATTEST: (The following to be executed if the Contractor is a Corporation.) I, .S, E :\ne\ , certify that I am the Secretary of the Corporation named as Contractor herein; that A, E � ac.e , who signed this Contract on behalf of the Contractor was then VCcv. 'P 1 i 1cwN- (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is with the scope of its corporate powers. TYPE OF INSURANCE POLICY NUMBER AND ISSUING COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS OF LIABILITY GENERAL LIABILITY DU Premises — Operations IX Products — Completed Operations ® Personal and Advertising Injury ® Medical Expense Ij Fire Damage Legal ❑ Other Liability OWNERS & CONTRACTORS PROTECTIVE 78 PR 002 - 253 -0002 NATIONWIDE INSURANCE 8 V02 -253 8 12/31/87 12/31/87 12/31/88 12/31/88 General $500,000 Aggregate Pr. Comp. Op. Agg. $500,000 Each Occurrence $500, 000 Any One Person $500,000 or Organization Any One Person $ 5,000 Any One Fire $ 50,000 $500,000 POTJCY AUTOMOBILE LIABILITY ® Comprehensive Form ® Owned M Hired IJ Non•Owned 78 BA 002 - 253 -0003 NATIONWIDE INSURANCE 12/31/87 12/31/88 Bodily Injury OCCURRENCE (Each Person) Bodily Injury (Each Accident) Property Damage Bodily Injury and Property Damage $500,000 Combined EXCESS LIABILITY a Umbrella Form CU 002 - 253 -0004 NATIONWIDE INSURANCE 12/31/87 12/31/88 Bodilylnjuryand Occ. $1,000,000 Property Dama $1,000,000 Combined 51 Workers' Compensation and la Employers' Liability 78 WC 002- 253 -0001 NATIONWIDE INSURANCE 12/31/87 12/31/88 STATUTORY LIMITS Bodily Injury Each Accident by Accident $100,000 Bodily Injury Policy Limit by Disease $500,000 Bodily Injury Each Employee by Disease $100,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The Company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Address: E CITY OF ROUND ROCK 221 E. MAIN STREET ROUND ROCK, TX 78664 JOB: DEEPWOOD DRIVE STREET AND DRAINAGE IMPROVEMENT Description of OperationslLocations/ *OWNER SHALL BE GIVEN 10 DAYS ADVANCE WRITTEN NOTICE VehicleslRestrictionslSpecial Items BEFORE ANY PROVISIONS OF THE POLICY ARE CHANGED OR IN THE EVENT SAID POLICY SHALL BE CANCELLED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREON, THE INSURANCE COMPANY SHALL MAIL 10 DAYS WRITTEN NOTICE TO THE ABOVE rAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE Ni ON 0 LIABILITY OF ANY KIND UPON THE COMPANY. Insurance in force only for hazards indicated by X Date Cortiticate (sound 7 /20/88 Countersigned A: AUSTIN Cas. 3640 (7 -67) Certificate of Insurance Insured's Name and Address: BRATH, INC. 600 IH 35 SOUTH ROUND ROCK, TEXAS 78681 DOLE epr T ate/ Oa 04 i L THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS, THAT Brath, Inc. 600 IH 35 South of the City of Round Rock County of Williamson , and State of Texas as principal, and The Travelers Indemnity Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS ($ 468,431.35 (OWNER), PERFORMANCE BOND in the penal of - Four Hundred Sixty Eight Thousand Four Hundred Thirty One and 35 /100 -- Dollars for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 29th day of June , 1988 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 PB -1 #187J9381 sum NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATIONS 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; Al PROVIDED, HOWEVER, that this bind is executed pursuant to the provisions of Article 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 the said Article to the same extent as if it were copied at length herein. 16 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 Al drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and III sealed this instrument this 29th day of June , 1988. Brath, Inc The Travelers Indemnity Company Principal Surety By: By: e. Q-, e li: Title: C 0.nr,rAricJt- Title: mwrocrisvftli Address: 600 IH 35 South Round Rock, Texas 78681 The name and address of the Resident Agent of Surety is: ill C. A. Schutze, Jr P. 0. Box 3547 Austin, Texas 78764 PB - 2 Address: One Tower Square Hartford, CT 06183 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § PAYMENT BOND #187J9381 KNOW ALL MEN BY THESE PRESENTS, THAT Brath, Inc the City O f Round Rock , County of Williamson , and State of Texas , as principal, and The Travelers Indemnity Co 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 (OWNER), in the penal sum of -Four Hundred Sixty Eight Thousand Four Hundred Thirty One and 35/100 Dollars ($ 468,431.35 ) for the payment whereof, the said Principal and Surety bind themselves' and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 29th day of June , 1988, 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 him or a subcontractor in the prosecution of 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 Article 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 said Article to the same extent as if it were copies at length herein. PB -3- 1 a s 1 a Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 29th day of June , 1988. Brath, Inc. The Travelers Indemnity Company Principal Surety • B 6 By r` _..... Arwag4n FqL Title: r ,E,O p rs4rt/c-/c11- -i- Title: I Address: 600 IH 35 South Round Rock, Texas 78681 Address: One Tower Square Hartford, CI 06183 ili A The name and address of the Resident Agent of Surety is: C. A. Schutze, Jr. P. 0. Box 3547 Austin, Texas 78764 8 PB-4 1 1 1 1 1 1 1 r a No. 187J9381 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we Brath, Inc Bond as Principal, and The Travelers Indemnity Company a Corporation organized under the laws of the State of Texas as Surety, are held and firmly bound unto The City of Round Rock as Obligee, in the penal sum of. Four Hundred Sixty Eight Thousand Four Hundred Thirty One and 35/100 ($ 468,431.35 ) to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed Deepwood Drive Street and Drainage Improvements. 4 WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two years after approval il by The City of Round Rock against all defects in workmanship and il materials which may become apparent during said period; MB -1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 29th day of June 1988. Brach, Inc Principa� By itle C,, -Q Address 600 IH 35 South P. 0. Box 3547 Round Rock, Texas 78681 C. A. Schutze, Jr. Austin, Texas 78764 MB -2 The Travelers Indemnity Company Address One Tower Square Hartford, CT-06183 The name and address of the Resident Agent of Surety is: 1 1 1 1 .The Travelers Indemnity Company Hartford, Connecticut If necessary, validation of this power of attorney is available at (203) 277-7839. Collect calls will be accepted POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TILE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint C. A. Schutze, Jr., Steve Schutze, Janis Hudec, all of Austin, Texas, EACII 1 its true and lawful Attorney(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to ' execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof 1 and to hind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s) - in - Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985 ' which Resolutions are now in full force and effect: VOTED: That the Chairman of the Board, the President, any Executive Vice President, any Senior Vicc President, any Vice President, any Second Vice President, the Corporate Secretary or any Department Secretary may appoint attorneys -in -face or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds. undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney -in -fact or agent and revoke the power and authority given to him. Vu t t u: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, any Executive Vice President, any Senior Vice President, any Vicc President or any Second Vice President and duly attested and scaled, if a seal is required, by the Corporate Secretary or any Department Secretary nr any Assistant Corporate Secretary or any Assistant Department Secretary, or shall be valid and binding upon the Company when duly executed and scaled, if a seal is regutred, by a duly authorized attorney -in -fact or 1 agent. pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of (he following Resolution adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985: Voreo• That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by fawunile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, ' undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when 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. 1 1 1 1 r ►.. p iS i i i •; Secretary, Surety IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY CON r A�1Y has caused thes to be sged be its proper officer and its corporate seal to be hereunto affixed this 23 day of e THE TRAVELERS INDEMNITY COMPANY By State of Connecticut, County of Hartford —ss: On this 23rd day of September in the year 1986 before me personally came D. L. Banta to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of TIME TRAVELERS INDEMNITY COMPANY, the corporation described in and which exe- cuted the above instrument; that he signed his name thereto by the above quoted authority; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, and that it was so affixed by authority of his office under the by -laws of said corporation. Notary Public My commission expires April 1 , 1988 CERTIFICATION I, Paul D. Tubach, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, and the above quoted Resolutions of the Board of Directors of November 1, 1985 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 29th day of June 19 88 =' N M SEAL ' � Y' V 4 7 . �uf2. ,e)e f:; Assistant Secretary, Surety THE STATE OF TEXAS § COUNTY OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT of the City of County of , and State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 1988 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. PB -1 1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATIONS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all I 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; I PROVIDED, HOWEVER, that this bind is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in I accordance with the provisions of the said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1988. 1 Principal Surety 1 By: By: Title: Title: Address: Address: 1 1 1 The name and address of the Resident Agent of Surety is: 1 1 1 PB -2 1 THE STATE OF TEXAS § COUNTY OF § PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT the City of , County of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves' and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 1988, 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 him or a subcontractor in the prosecution of 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 Article 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 said Article to the same extent as if it were copies at length herein. PB -3- 1 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anyway 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, 1 or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and I sealed this instrument this day of , 1988. ' Principal Surety By: By: 1 Title: Title: Address: Address: II The name and address of the Resident Agent of Surety is: 1 1 1 1 1 1 1 PB -4 1 MAINTENANCE BOND Bond No. THE STATE OF TEXAS § COUNTY OF § KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and a Corporation organized under the laws of the State of as Surety, are held and firmly bound unto as Obligee, in the penal sum of ($ ) to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of two years after approval by against all defects in workmanship and materials which may become apparent during said period; MB -1 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may 1 sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 1 1988. ' Principal Surety By By ' Title Title li Address Address ' The name and address of the Resident Agent of Surety is: 1 1 I 1 1 1 1 MB -2 1 T0: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 THIS IS TO CERTIFY THAT r is, at the date of this certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. TYPE OF POLICY EFFECTIVE EXPIRATION INSURANCE NO. DATE DATE Workmen's Compensation Comprehensive General Liability Includes Contractual _ Liability Covers Independent Contractors Owner's Protective Comprehensive Automobile Liability Owned _ Vehicles Hired Vehicles Non -Owned Vehicles Includes Contractual Liability CERTIFICATE OF INSURANCE Page 1 of 2 Date: Description of Work: Deepwood Drive Street and Drainage Imp. LIMITS OF LIABILITY Statutory, State of Texas, $ Employer's Liability Bodily Injury $ each person $ each accident Property Damage $ each accident $ aggregate Bodily Injury $ each person $ each accident Property Damage $ each accident $ aggregate Bodily Injury $ each person $ each accident Property Damage $ each accident 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,1 1 The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. (Name of Insurer) By: Title: Address: Page 2 of 2 GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 3 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 4 2.08 Royalties and Patents 5 2.09 Keeping of Plans and Specifications Accessible 5 2.10 Discrepancies and Omissions 5 2.11 Contractor's Understanding 5 2.12 Extra Work 5 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 7 2.16 Owner's Status 7 2.17 Completed Portions of Work 7 2.18 Materials 7 2.19 Receiving and Storage of Materials 7 2.20 "Or Equal" Clause 8 2.21 Completed Work 8 2.22 Materials Furnished by the Owner 8 2.23 Protection of Property 8 2.24 Shelters for Workmen and Materials 8 2.25 Sanitary Facilities 9 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 9 3.01 Labor, Equipment, Materials and Construction Plant 9 3.02 Performance, Payment and Maintenance Bonds 9 3.03 Contractor's Ability to Perform 9 3.04 Superintendence and Inspection 10 3.05 Character of Employees 10 3.06 Contractor's Duty to Protect Persons and Property 10 3.07 Safety Codes 11 3.08 Barricades 11 3.09 Minimum Wages 11 3.10 Unsuitable Work or Materials 11 3.11 No Waiver of Contractor's Obligation 11 3.12 Site Clean Up 12 3.13 Guarantee 12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (CONTENTS CONTINUED) 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 13 4.02 Right of Entry 13 4.03 Owner's Representatives 13 4.04 Collateral Work 13 4.05 Right -of -Way 13 4.06 Adequacy of Design 14 5. SCHEDULING AND PROGRESS OF WORK 14 5.01 Order and Prosecution of the Work 14 5.02 Rate of Progress 14 5.03 Sunday, Holiday, and Night Work 14 5.04 Hindrances and Delays 15 5.05 Extensions of Time 15 5.06 Liquidated Damages for Failure to Complete on Time 15 6. IDEMNITY 16 6.01 Contractor's Idemnity Provision 16 6.02 Workmen's Compensation Insurance 16 6.03 Comprehensive General Liability Insurance 16 6.04 Owner's Protective Insurance 17 6.05 Comprehensive Automobile Liability Insurance 17 6.06 Insurance Certificate 17 7. TERMINATION OF CONTRACT 17 7.01 Right of Owner to Terminate 17 7.02 Right of Contractor to Terminate 18 7.03 Removal of Equipment 18 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18 8.01 Notification of Contractor 18 8.02 Retention of Contractor's Equipment and Materials by Owner 18 8.03 Methods of Completing the Work 19 8.04 Final Acceptance 19 8.05 Disposition of Contractor's Equipment 20 9. MEASUREMENT AND PAYMENT 20 9.01 Character of Measurements 20 9.02 Estimated vs. Actual Quantities 20 9.03 Payment 21 9.04 Monthly Estimates and Payments 21 9.05 Certificates of Completion 22 9.06 Final Estimate and Payment 22 9.07 Notarized Affidavit 22 9.08 Release of Liability 23 9.09 Contractor's Obligation 23 9.10 Payments Withheld 23 GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS 1.01 Calendar Day. A calendar day shall be the 24 -hour period from one midnight to the next consecutive midnight. Saturdays, Sundays and Legal holidays are considered calendar days and shall be used in determining contract time. 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, Payment, and Maintenance Bonds; the General Conditions of the Agreement; the Special Conditions ' of the Agreement; the Technical Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. ' The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of the interpretation shall be in the following order: Signed Agreement, Performance, Payment, and Maintenance Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Instructions to Bidders, Technical 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 HAYNIE RALLMAN & GRAY, INC., or such other Engineer, supervisor, or project representative 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 named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. -1- 1.07 Plans. "Plans" shall mean and include (a) all drawings prepared by the Owner as a basis 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 Owner when and as approved by the Engineer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepared by the Owner as a basis 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 suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 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 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 7:00 a.m. and 6:00 p.m. 1.13 Written Notice. "Written Notice" shall be deemed to have been duly 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. -2- 2. 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 this 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 shall 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 the arbitration or to any action on 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 is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection 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 or 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 alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that they may be dispensed with. -3- 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 Owner shall compensate the Contractor for any materials or labor so used, for any actual loss 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 loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforseen 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 cost and expense. 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which in any manner affect the Contract or the work and shall idemnify and save harmless the Owner against any claim arising from the violation of any 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 building permit is required such permit will be obtained by the Owner at no cost to the Contractor. -4- 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 clearly specified in this Contract, the cost of procuring the rights of use and the legal release of idemnity 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 two (2) sets of executed Plans and Specifications without expense to him, the Contractor shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 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 material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and. intent• of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 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, quality and quantity of the materials to be encountered, the character of equipment and facilities need 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 Owner 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 direction of the Engineer when presented with a written Change Order signed by the Engineer. -5- 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 by 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 costs. The Engineer may direct 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 extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. -6- 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written I consent of the Engineer, 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 any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause'substantially to the effect that it is agreed that the right of the assignee in I and to any monies due to to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the I 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 I 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 I undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Engineer. ' 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. I 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially I 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 I 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 or extension of time or both as determined 1 by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be I as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved 1 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 I will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the 1 Engineer. 1 -7- 1 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor 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. 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 reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through 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 shore, 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 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 shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. -8- 2.25 Sanitary Facilities. The Contractor at his expense shall furnish necessary sanitary toilet facilities for the use of all employees on the job site. The facilities shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. 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 to adequately prosecute the work. 3.02 Performance, Payment and Maintenance Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance, payment, and maintenance 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 labor 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 and that final retainage shall not be paid until such maintenance bond is furnished and approved by the Owner. The cost of the premium for the performance, payment and maintenance 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 performance, payment and maintenance 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 projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the -9- 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 of whom are satisfactory to the Engineer, on the work 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. In the event that the Contractor and the superintendent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Emplovees. The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform them 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 Contract, the Contractor shall protect the public and the Owner fully by taking reasonable 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 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 reasonable under the circumstances. -10- 1 1 1 1 .1` 1 1 1 1 1 1 1 1 1 1 1 1 1 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, County, 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 incompatible with Federal, State, or Municipal laws or regulations. 3.08 Barricades & Traffic Control Signs. When barricades or traffic control signs are used to satisfy safety requirements, such barricades or signs shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least two (2 ") inches high. Barricades and signs shall be located and fashioned as per the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, 1980 Edition. 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 not pay less than the general prevailing wages shown on said scale and shall keep accurate wage 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 unsuitable or not in conformity with plans, specifications, and contract documents, the Contractor shall, after receipt of written notice thereof from the Engineer, 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 fail to initiate compliance with the above provision 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 the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or project representative 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 project representative 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 project representative shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor, or project representative such acceptance shall be binding on the Owner unless it can be clearly 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 plans, specifications, and contract documents 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 pits, pipes, chambers, or conduits, shall tear down and 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 twelve (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 or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within ten (10) days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however, that in case of emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the. Contractor, and the Contractor and /or his Surety (see Section 3.02 on maintenance bond) shall pay the cost thereof. -12- 1 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES I 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor I shall be allowed no extra compensation thereof. 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 I be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees such stakes, marks, etc. shall be replaced as directed by the 1 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 1 work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as ' the Owner may desire. 4.03 Owner's Representatives. It is agreed by the Contractor that 1 the Owner shall appoint such Engineer, supervisors; or project representatives as the said Owner may deem necessary to examine the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said I 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 project representatives for the proper review 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 project representatives so appointed when such I directions and instructions are consistent with the obligations of this Contract. 1 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this 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. 1 1 -13- 1 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 project; provided the Contractor has compiled with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 5. 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 conductive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be 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 and 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 public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 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; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of. the Engineer to issue such orders shall release the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The 'Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. -14- 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 adequate 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 or 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 such cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated 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 incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $500.00 per calendar day. -15- 6. IDEMNITY 6.01 Contractor's Idemnitv Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall idemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions of 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 or any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore idemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, worker, material, 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 and subcontractors 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 or other benefits, which may become due or payable thereunder, and to protect and idemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the 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 Idemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident -16- Property Damage $ 25,000 each accident $ 50,000 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 accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and . employees with the same Comprehensive 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 Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, 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 contractural liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Idemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 each accident 6.06 Insurance Certificate. 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 ten (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. 7. 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 ten (10) days subsequent to such notice. Immediately following such date, the -17- Owner may take possession of the site of the work and all material, equipment, tools, and appliances thereon and may finish the work in accordance with the provision 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 ten (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 ten (10) days after receipt of the notice. Should he fail to do so within ten (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. 8 ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. 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 said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore except when used in connection with extra work where -18- 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 herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: 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 than the sum which would have been payable 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 bids, after fourteen (14) days notice published two (2) or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed and accepted by the Owner, 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 -19- accounts certified by the Engineer as being correct shall then 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 fifteen (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 less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor 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 designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice such property shall be held 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 fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of 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 Quantities. 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 -20- materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work 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 amount 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 twenty -five (25%) percent more or twenty -five (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 twenty -five (25 %) percent of the estimated quantity prior to initiating work or furnishing materials for the overrun or underrun 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 Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material 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 requirement of the Engineer. 9.04 Monthly Estimates and Payments. The Contractor shall furnish to the Engineer by the twenty -fifth of the month such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. On or about the first 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. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor ninety (90%) percent of the amount of such estimated sum on or before the 15th day of said month. -21- 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 reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within ten (1C) days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall review the work and satisfy himself by examination that work has been finally and fully completed in accordance with the plans, specifications, and Contract. If so and if acceptance by Owner and all governmental entities having jurisdiction has been secured, 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 and serve as the date,, for stoppage of the contract period specified for completion of the Project. 9.06 Final Estimate and Pavment. 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; provided the Notarized Affidavit specified in Section 9.07 has been received by the Engineer. The Owner shall pay the Contractor within fifteen (15) days from the date 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 specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notorized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payment shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake, it is agreed that all estimates, when approved by the Owner, shall be conclusive evidence of the work done and materials furnished. 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 all 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 -22- 1 1 1 1 1 1 1 1 . 1 • 1 1 1 1 1 1 1 1 1 1 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 or relating to the work 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. is. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payment properly 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. -23- SPECIAL CONDITIONS SECTION 01 - INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to HAYNIE KALLMAN & GRAY, INC., 12303 -J Technology Blvd., Austin, Texas 78727. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from Engineer at commercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIOUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME Refer to the General Conditions of Agreement, Section 5.06, Page,15 for description. 01 -05 TIME OF COMPLETION The work shall be completed within the number of calendar days stated in the Proposal. The time shall begin from the date of the Agreement, or from the date of the Notice to Proceed, which ever is latest. 01 -06 OWNER The Owner shall be the party or parties named in the Notice to Contractor. 01 -07 LOCATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. S -1 01 -08 USAGE OF WATER Contractor shall pay all costs of water used. Water is to be metered by Contractor and the cost is to be subsidiary to other bid items. No additional pay will be made for water. 01 -09 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 9.04 of the General Conditions, then the pay. estimate will not be processed and will be returned to the Contractor. SECTION 02 - 'SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such sVrvices at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall show field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. Each appurtenance shall be located by at least two horizontal distances measured from existing, easily identifiable, immovable appurtenance such as fire hydrants or valves. Property pins can be used for as -built tie -ins provided no existing utilities as previously described are available, costs for developing as -built drawings shall be subsidiary to other bid items. 02 -03 LANDS FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, rights -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. S -2 02 -04 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services during construction. No additional payment will be made for this item. 02 -05 GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a period of one (1) year from the date of final acceptance by the Owner. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whatever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 02 -07 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -08 J,IMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. S -3 Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 02 -09 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -10 LIMITS OF WORE AND PAYMENT It shall be the obligation of the contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as the the limits of work shall be left up to the interpretation of the Engineer. 02 -11 PAYMENT FOR MATERIALS ON HAND Owner shall pay for 90% of amount of materials on hand in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 02 -12 CONSTRUCTION STARING The Engineer shall provide construction staking for this project. The Contractor shall furnish and pay for any re- staking. PROTECTION OF STARES, MARES, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be re- staked by the Contractor at the Contractor's sole expense without additional compensation by the Owner. S -4 The Contractor shall furnish to the Owner, AT THE CONTRACTOR'S EXPENSE, the Engineer's certification that ALL property pins are in place prior to his moving off the job site. SECTION 03 - INSURANCE 03 -01 Insurance policies must be obtained by the Contractor or separate endorsement obtained by his existing insurance policies on projects that involve special hazards, such as blasting, excavation on public properties, etc. The principal types of insurance which will be necessary are: 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 in the General Conditions entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury Property Damage A $500,000 umbrella coverage shall also be required. Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount for liability is $250,000/$500,000. The amount of property damage is $100,000 per accident. S -5 $300,000 each person $300,000 each accident $100,000 each accident $100,000 aggregate Automobile and Truck Public Liability and Property Damage to protect the same individuals as indicated under Public Liability and Property Damage above, and in the same amount of liability. Worker's Compensation and Employer's Liability Builder's Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies or a form similar to the attached samples from the Contractor prior to the start of work. Owner's Protective as required by the General Conditions of the Agreement. SECTION 04 - UTILITY APPURTENANCES ADJUSTMENTS The Contractor shall, as his own expense, raise the gate valve boxes and manhole frames and covers to the finished paved street grade. In unpaved areas, gate valve boxes shall be raised by the Contractor, at his own expense, to two (2) inches above natural ground. In unpaved areas, manhole frames and covers shall be raised by the Utility Contractor, at his own expense, to six (6) inches above natural ground. S -6 TECHNICAL SPECIFICATIONS 1 1 1 1 1 - 1 • 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 1 1.01 GENERAL DESCRIPTION SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of street improvements, water distribution, sewage collection, and storm drainage facilities complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parenthesis adjacent to captions is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin, Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion & Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specifications and on the Plans. - Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean Haynie Hallman & Gray, Inc. 1 -1 ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. 2.01.2 HACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean -up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in the area adjacent to streets and drainage facilities as may be necessary to leave the area in a neat and satisfactory condition approved by the Engineer. 2 -1 ITEM 3 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of Engineer or project representative. 3.03 CONSTRUCTION STARING The Engineer shall furnish the Contractor alignment and reference hubs for utility excavation at an agreed interval and offset, together with cut sheets showing the difference in elevation from top of the stakes to the flow line of the utilities at centerline. This construction staking will be provided one (1) time at the sole expense of the Owner. All re- staking will be provided by the Contractor and paid for by the Contractor at his sole expense without additional compensation by the Owner. PROTECTION OF STARES, MARKS, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property corners, etc., shall be replaced by the Contractor at the Contractor's sole expense. 3.04 CUT SHEETS - OTHER THAN THE CITY OF AUSTIN The Engineer shall furnish two (2) copies of cut sheets to the Contractor. The Contractor shall be responsible for acquiring cut sheets at the office of the Engineer. 3 -1 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 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 reference and resetting of property corner disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make for the disposal of surplus material, such as 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. 4 -1 protection, monuments if arrangement rock, trees, ITEM 5 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. 5 -1 ITEM 6 6.01 6.07 WATER DISTRIBUTION IMPROVEMENTS MATERIALS (Item 510) Water mains shall be Ductile Iron Cl. 50 Cl. 200 unless shown otherwise. Water Polybutylene tubing (blue) rated at pressure. or - P.V.C. C -900 services shall be 250 psi working 6.02 VALVES (Item 511) Valves shall be Mueller iron -body gate appropriate to installation on piping, or 6.03 FIRE HYDRANTS (Item 511) Fire hydrants shall be 3 -way Mueller, improved AWWA TYPE, or approved equal, with pump nozzle for 4 -1/2" fire hose. A 6" gate valve and valve box shall be provided on each fire hydrant. 6.04 TESTING (Item 510) All testing of pipe shall be done under the supervision and direction of the Engineer, and the Contractor shall perform such tests as required and furnish all equipment and material for same at the Contractor's sole expense. 6.05 STERILIZATION (Item 510) Sterilization of mains shall be done under the supervision of the Engineer, and the Contractor shall perform such sterilization and furnish all material and equipment for same. The Contractor will be responsible for bacteriological tests. If such bacteriological 'tests fail, the Contractor shall be responsible for re- sterilization of the mains. valves with ends approved equal. 6.06 STANDARD DETAILS The "Standard Details" shall be followed as included in the Plans. MEASUREMENT AND PAYMENT Unless stated otherwise in the contract documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances, constructing and completing the item on which payment is made. The following items from the City of Austin Standard Specifications are modified as related to measurement and payment. 6 -1 6.07.01 PIPE (Item 510) When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot, for the size and type of pipe specified, for all depths, complete in place. The bid price per linear foot shall include all clearing, excavation, laying of pipe, backfilling and clean up. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. Concrete blocking for supporting and reinforcing bends, concrete retards and thrust blocks shall be included in the cost for pipe. No separate payment will be made for welded joints, or harnessed joints required for thrust restraint which are scheduled or indicated on the drawings. 6.07.02 FITTINGS (Items 510 & 511) } Cast iron and ductile iron fittings furnished in accordance with these Specifications will not be measured or paid for separately. The cost for fittings will be included in the bid for laying pipe. Short body fittings are approved. Steel cylinder concrete pipe fittings will not be paid for separately. The Contractor shall include these in his bid for laying pipe. 6.07.03 VALVES (Item 511) Gate and Butterfly valves will be paid for at the unit price bid per each, including valve stem casing and cover, excavation, setting and adjusting to proper finished grade, and anchoring in place. The valves included with other pay items will not be paid for separately. 6.07.04 AUTOMATIC AIR VACUUM RELEASE VALVE ASSEMBLY (Item 511) Installation of - automatic air - vacuum release valve assemblies shall not be paid for separately, but shall be included in the bid price for 14" Ductile Iron Waterline Adjustments and shall include threaded valve or corporation cock, pipe, fittings, tap, box, marker, trenching, installation, adjusting to proper finished grade, backfill and clean -up, complete in place. 6 -2 - 6.07.05 FIRE HYDRANTS (Item 511) Fire hydrants will not be paid for separately but shall be included in the bid price for 14" D.Z. Waterline Adjustements and shall include (from the main line to the fire hydrant) all pipe, fittings, fire hydrant, barrel extension and adjustment to finished grade. 6.07.06 FIRE HYDRANT BARREL EXTENSIONS (Item 511) Barrel extension will not be measured or paid for, but will be included in the bid for fire hydrant. Barrel extensions will include rod 'extensions, bolts and all other required accessories necessary to adjust fire hydrant to finished grade. 6.07.07 WET CONNECTIONS (Items 510 & 511) Wet connections shall be paid for at the unit price bid per each, complete in place, according to the size of the main that is in service and shall be full compensation for the work except valves shall be paid for as a separate item, unless otherwise specified in the Bid Proposal. 6.07.08 WATER SERVICES (Item 510) Water services shall be paid for at the unit price bid per each, complete in place. Pipe material shall be polybutylene (Blue) (PB) plastic tubing meeting City of Austin Specifications. Service sizes shall be 1" for single water services and 1 1/2" diameter for double water services. Water service shall include the furnishing of all materials and labor necessary for the installation of the service line including trenching, tapping of the line, laying of the service line, gate valve at tap, meter box, backfilling, adjusting to finished grade and appurtenances, complete in place. 6.07.09 ADJUSTING STRUCTURES (ITEM 504) Adjustment of valve boxes, meter boxes and fire hydrants to finished grade .shall not be measured or paid separately. The cost of such adjustments will be considered subsidiary to the item for each structure (i.e. water service, valve, etc.) 6 -3 - ITEM 7 7.01 ,SEWAGE COLLECTION SYSTEM MATERIALS (Item 510) Sewer mains shall be P.V.C. SDR 35 for gravity lines and P.V.C. SDR 26 for pressure lines. Ductile iron pipe and ductile iron fittings when called for will be Class 50 unless shown otherwise. 7.02 TESTING (Item 510) All gravity sewer lines and manholes shall be tested under the supervision and direction of the Engineer, and the Contractor shall perform such tests and furnish all equipment and material for same at the Contractor's sole expense. Tests will be performed for leakage by .exfiltration and for deflection by mandrel pulling. Each section of gravity sewer line shall be tested between successive manholes. Testing by exfiltration shall be accomplished by plugging the downstream end and filling the pipe with water in suitable sections. Equipment for the test shall be furnished by the Contractor, and shall include a metal stand -pipe, a suitable meter, or other method of measuring the quantity of water used. A period of at least one hour's time shall be allowed for absorption before making the test. The Contractor shall notify the Engineer at least 24 -hours prior to beginning testing. The allowable water loss for gravity sewer lines shall not exceed fifty (50) gallons per inch of inside pipe diameter per mile per day, or the rate specified by the appropriate pipe specification, whichever is less. 7.03 STANDARD DETAILS The "Standard Details" shall be followed as included in the Plans. 7.04 MEASUREMENT AND PAYMENT Unless stated otherwise in the Contract Documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances, constructing and completing the item on which payment is made. The following items from the City of Austin Standard Specifications are modified as related to measurement and payment: 7 -1 7.04.01 PIPE (Item 510) When called for in the proposal, pipe shall be paid for at the unit contract price bid per linear foot for the size and type of pipe specified at the depth specified, complete in place. The bid price per linear foot shall include all excavation, bedding material, fittings, plugs, pipe coatings, connection to the existing system, backfilling, testing, disposal of surplus materials, and clean up. Measurement for depth shall be from the existing ground surface or proposed street subgrade, whichever is less, over the centerline of the pipe to the flow line of the pipe. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. 7.04.02 MANHOLES (Item 506) When called for in the proposal, standard manholes or drop manholes (eight (8') feet or less in depth) shall be paid for at the unit contract price bid per each of the type specified, complete in place including testing. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in the bid item for manholes. 7.04.03 EXTRA DEPTH FOR MANHOLES (Item 506) When called for in the proposal, manholes with extra depth over eight (8') feet will be paid for at the unit contract price bid per vertical foot including all excavation, coatings, backfilling and testing, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the ring to the invert of the structure. No separate payment will be made for "eyes ". The cost of these should be included in the bid item for manholes. 7.04.04 CONCRETE ENCASEMENT OR CRADLE (Items 505 & 510) When called for in the proposal, concrete encasement or cradle shall be paid for at the unit contract price bid per linear foot for the size of pipe specified, complete in place. 7 -2 7 -3 I 7.04.05 SEWER SERVICES (Item 510) Sewer services shall be paid for at the unit price bid per each, complete in place, including tap to main, fittings as required, pipe, risers, plugs, and appurtenances. 7.04.06 ADJUSTING STRUCTURES (Item 504) Adjustment of manholes to finished grade shall not be measured or paid separately. The cost of such adjustments will be considered subsidiary to the bid item for manholes. ITEM 8 8.01 STORM DRAINAGE MATERIALS (Item 510) All storm drainage pipe shall be R.C.P. Cl. III unless otherwise shown. 8.02 MEASUREMENT AND PAYMENT Unless stated otherwise in the Contract Documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances,. constructing and completing the item on which payment is made. The following items from the City of Austin Standard Specifications are modified as related to measurement and payment: 8 02.01 CHANNEL EXCAVATION (Item 120) Accepted channel excavation will be measured by the length of channel excavated, in linear feet, in accordance with the section as shown in the Plans. This item will be paid for at the contract unit price bid for "Channel Excavation ", measured as described above, which price shall be full compensation for furnishing all materials, equipment, tools, labor, clearing and grubbing, borrow, embankment and incidentals necessary to complete the work. 8.02.02 STRUCTURAL EXCAVATION AND BACRFILL (Item 401) Structural excavation and backfill for pipe headwall, inlets, manholes, culvert widening (extensions), bridge abutments, culverts, side road and private entrance pipe culverts, and any other items will not be measured or paid for separately but shall be considered subsidiary to the various bid items. 8.02.03 CONCRETE FOR STRUCTURES: REINFORCING STEEL; CONCRETE STRUCTURES (Items 403, 406 & 410) No direct measurement or payment will be made for the work to be done or the equipment to be furnished under these items, but it shall be considered subsidiary to the various bid items. 8 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.02.04 PIPE (Item 510) Reinforced concrete pipe will be measured by the linear foot along the centerline of the pipe for the various sizes and classes of pipe specified, for all depths, in accordance with these specifications, complete and accepted by the Engineer, including excavation and backfill. 8.02.05 8 -2 Where spurs or branches, or connections to existing pipe lines are involved, measurement of the spur or new connecting pipe will be made from the intersection of its central axis with the outside surfaces of the pipe into which it connects. Where inlets, headwalls, catch basins, manholes, junction boxes, or other structures are included in lines of pipe, that length of pipe tying into the structure wall will be included for measurement but no other portion of the structure length or width will be so included. Payment for precast concrete pipe, measured as prescribed above, will be made at the unit price bid per linear foot for the various sizes of pipe, of the class specified including excavation and backfill for furnishing, hauling and placing pipe including all incidental and subsidiary materials and work; preparing, shaping, de- watering • and shoring of trenches; hauling, placing and preparing bedding; for connecting to new or existing systems or structures; for hauling, moving, placing and compacting backfill materials and for all other incidentals necessary to complete the pipe installation in accordance with the plans and specifications. MISCELLANEOUS STRUCTURES & APPURTENANCES (Item 508) All miscellaneous structures satisfactorily completed in accordance with the plans and specifications will be measured as completed units unless specified otherwise. Excavation and backfill will not be measured under this item but will be considered subsidiary to the other items. Frames, grates, rings and covers will not be measured and paid for but shall be considered subsidiary to the items for pay. Payment for Inlets for the type shown on the plans in place in accordance with these specifications and measured as prescribed above will be made at the unit price bid for each "Inlet ", Complete of the type specified including transition curbs and gutters. Payment for inlets with extensions of the length shown on the plans and measured as prescribed above shall be made at the unit price bid for each "Inlet" including transition curbs and gutters. Payment for Headwalls of the type shown on the plans in place and in accordance with these specifications and measured as each will be made at the unit price bid for each "Headwall" of the type specified. Payment for completed structures will be made at the unit price bid per each. 8.02.06 MANHOLES & JUNCTION BOXES (Item 506) All manholes and junction boxes satisfactorily completed as indicated in plans or specifications will be measured as completed units per each for all depths. when called for in the proposal, manholes (all depths) and junction boxes (all depths) shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. No separate payment will be made for stub outs or adjustments to finished grade. The cost of these should be included in the bid item for manholes or junction boxes. Each manhole or junction box shall be constructed in accordance with the details indicated and to the depth required by the profiles. 8.02.07 FRAMES, GRATES, RINGS & COVERS (Item 503) No direct compensation will be made for frames, grates, rings and covers. Measurement and payment for furnishing all materials, tools, equipment, labor and incidentals necessary to complete the work will be included in proposal items which constitute the completed and accepted structures. 8.02.08 RIP -RAP (Item 591) This item shall govern the furnishing and placing of rip -rap as indicated on the plans. The rip -rap will be placed in accordance with the plans and the construction specifications. Measurement of acceptable rip -rap of the type specified complete in place will be made on basis of square yards actually covered unless otherwise specified. The rip -rap quantity, measured as provided above, shall not be paid for separately but shall be included in the bid price for various types of headwalls, which price will be full compensation for furnishing, hauling and placing all materials including reinforcement and premolded expansion joint material, and all labor, tools, and equipment and incidentals necessary to complete the work. Rip -rap will not be paid for separately when specifically included in other bid items. 8 -3 8.02.09 ADJUSTING STRUCTURES (Item 504) Adjustment of manholes and junction boxes to finished grade shall not be measured or paid separately. The cost of such adjustments will be considered subsidiary to the item for manholes or junction boxes. 8.02.10 EROSION CONTROL MEASURES (Series 600) This item shall govern the furnishing, placing, maintaining and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for all disturbed areas and in accordance with the Plans. All temporary erosion control measures including hay bales, rock berms, fabric fence and brush piles shall be erected at the locations specified on the Plans, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of disturbed areas and spoil sites shall include spreading of top soil, shaping, hydromulching or seeding in accordance with the Plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance with the Plans. The bid price per lump sum shall include all excavation, materials, shaping, hauling, maintenance, removal at completion of project, disposal of surplus materials, hydromulching or seeding and clean up. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. 8 -4 STREET IMPROVEMENTS 9.01 STANDARD DETAILS ITEM 9 The "Standard Details" shall be followed as included in the Plans. 9.02 MEASUREMENT AND PAYMENT Unless stated otherwise in the Contract Documents, it is understood that all payments made are for finished work and include all labor, tools, materials, appurtenances, constructing and completing the item on which payment is made. The following items from the City of Austin Standard Specifications are modified as related to measurement and payment; 9.02.01 PREPARING RIGHT OF WAY; CLEARING & GRUBBING; REMOVING CONCRETE (Items 101,102, & 104) These items will be considered subsidiary to street excavation, which price shall be full compensation for work herein specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. 9.02.02 STREET EXCAVATION (Item 110) All acceptable Street Excavation and street over - excavation will be measured by the square yard as the area for the entire width of the roadway plus eighteen (18) inches behind each curb for the entire length as shown by the "Street Section Standard Detail" in the plans. The depth for Street Excavation will be that necessary from natural ground to achieve desired subgrade elevation for the required base and pavement thickness as shown on the Plans. The depth for Street Over- Excavation will be that necessary from the normal Street Excavation depth to remove all-clay material from the street subgrade area. This item will be paid for at the contract unit price bid for "Street Excavation" or "Street Over- Excavation ", as provided under the measurement method as included in the proposal, which price shall be full compensation for all work herein specified: including subgrade preparation, unless specified otherwise and the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the wcr ?:. This item shall include the cost of shaping and grading between the back of curb and the right -of -way in accordance with the "Street Section Standard Detail ". 9 -1 9 -2 9.02.03 BORROW AND EMBANKMENT (Items 130 & 132) These items will be considered subsidiary to Street Excavation, which price shall be full compensation for work herein specified, including the furnishing of all material, equipment, tools, labor and incidentals necessary to complete the work. 9.02.04 SUBGRADE PREPARATION (Item 201) This item will be considered subsidiary to Street Excavation, which price shall be full compensation for all work herein specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. 9.02.05 FLEXIBLE BASE (ITEM 210) "Flexible Base" will be measured by the square yard at depths specified in the proposal for the area of street as shown on the "Street Section Standard Detail" in the plans. The depths specified are for compacted depths. This item will be paid for at the contract unit price bid for "Flexible Base ", which price shall be full compensation for all work herein specified, including the furnishing, hauling, and placing of all materials, for all water required and for all equipment, tools, labor and incidentals necessary to complete the work. 9.02.06 ROLLING - FLAT WHEEL, PNEUMATIC TIRE, TAMPING. PROOF (Items 230, 232, 234 and 236) No additional compensation will be made for materials, equipment or labor required by these items, but shall be considered subsidiary to the various items included in the Contract. 9.02.07 ASPHALTS, OILS AND EMULSIONS; PRIME COAT; TACK COAT (Items 301, 306 and 307) These items shall not be measured or paid for separately but will be subsidiary to Hot Mix Asphaltic Concrete Pavement. 9.02.08 HOT MIX ASPHALTIC CONCRETE PAVEMENT (Item 340) Asphaltic concrete pavement will be measured by the square yard of the specified thickness of the type actually used in the completed and accepted work in accordance with the "Street Section Standard Detail" in the .plans. The depths specified are for compacted depths. 9.02.09 CONCRETE CURB AND GUTTER; MACHINE LAID CURB AND GUTTER (Items 430 and 431) Accepted work as prescribed by these items will be measured by the linear foot of concrete curb and gutter, complete in place. The work performed as prescribed by these items will be paid for at the unit price bid per linear foot for "Standard Concrete Curb and Gutter ", complete, at the unit price bid, which price shall be full compensation, for furnishing and placing all base material, dowels, expansion joint material, curing material, backfilling and for all other materials, manipulations, labor, tools, equipment and incidentals necessary to complete the work. 9.02.10 RIP -RAP (Item 591) This item shall govern the furnishing and placing of rip -rap as indicated on the Plans. The rip -rap will be placed in accordance with the plans and the construction specifications. Measurement of acceptable rip -rap of the type specified complete in place will be made on basis of square yards actually covered unless otherwise specified. The rip -rap quantity, measured as provided above, shall not be paid for separately but shall be included in the bid price for various types of headwalls, which price will be full compensation for furnishing, hauling and placing all materials including reinforcement and premolded expansion joint material, and all labor, tools, and equipment and incidentals necessary to complete the work. Rip -Rap will not be paid for separately when specifically included in other bid items. 9.02.11 FROSION CONTROL MEASURES (Series 600) This item shall govern the furnishing, placing, maintaining and removal of all erosion control measure, site work, restoration work, grading, shaping and seeding for all disturbed areas and in accordance with the Plans. All temporary erosion control measures including hay bales, rock berms, fabric fence and brush piles shall be erected at the locations as required, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of disturbed areas and spoil sites shall include spreading of top soil, shaping, hydromulching or seeding in accordance with the Plans. Maintenance of the temporary erosion control measures shall be the Contractors responsibility until final acceptance. 9 -3 When called for in the proposal, erosion control measure shall be paid for at the unit contract price bid per lump sum for such measures, complete in place, in accordance with the Plans. The bid price per lump sum shall include all excavation, materials, shaping, hauling, maintenance, removal at completion of project, disposal of surplus materials, hydromulching or seeding and clean up. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. 9.02.12 TRAFFIC SIGNS, PAVEMENT MARKINGS (Series 800) This item shall govern the installation of pavement markings (reflectorized paint), pavement markers (reflectorized), traffic buttons, signs and pedestrian ramps. The installation of signs, markings and markers shall conform to the Texas State Department of Highways and Public Transportation "Standard Specifications for Construction of Highways, Streets, and Bridges ". Accepted work as prescribed by this item will be paid for at the lump sum amount bid, complete in place as shown on the plans. The bid price will include providing all materials, labor, equipment, tools, pavement preparation, and incidentals necessary to complete the work. Pedestrian ramp construction will include removal of existing curb and material to complete the work as shown in the Plans. The materials to be used for markings and markers will conform to the State Department of Highways and Public Transportation and Material Specifications and The Manual on Uniform Traffic Control Devices. Copies of departmental material specifications are available from the Materials and Test Division, 38th and Jackson Street, Austin, Texas 78703. The Texas State Department of Highways and Public Transportation will not provide any material to the Contractor at no cost. 9.02.13 FENCES (Item 701) This item shall govern installation of a Wire Fence, as detailed in the Plans, including posts, pull posts, gates, pipe braces, wire stays, and all necessary appurtenances. Aluminum swing gates, fence gaps, shall be installed at locations of all existing gates, fence gaps, etc., or as directed by the Engineer. Separate payment shall not be made for gates, posts, braces, etc., but shall be included in the cost per linear foot of Wire Fence. The bid price will include providing all materials, labor, equipment, tools, and incidentals necessary to complete the work. 9-4- GEOTECHNICAL AND TRENCH SAFETY INVESTIGATION Project No. AU -02 -88 -0021 May 11, 1988 The City of Round Rock c/o Haynie Kaltman and Gray, Inc. 12303 Technology Boulevard, Suite J Austin, Texas 78727 Attention: Mr. A. William Waelti Geotechnical and Trench Safety Investigation Deeowood Drive jtound Rock. Texas Consulting Geotechnical, Malaria's and EnvirOnmental Engineers Geologists, Scientists and Chemists Raba - Kistner - Brytest Consultants. Inc. 8100 Cameron Road, Austin, TX 78753 (512) 339-1745 Gentlemen: This letter constitutes a report of subsurface conditions for the proposed extension of Deepwood Drive in Round Rock, Texas. The purpose of this report is two -fold; to provide design criteria for a trench safety system or systems to be used to protect workers during the construction of a storm sewer line and also to provide pavement thickness recommendations for the planned Deepwood Drive extension. This report may not contain sufficient information for purposes of other parties or other uses. A plan and profile for the proposed storm sewer was provided by the project Civil Engineer. Boring locations and depths were chosen based upon this information. Once on site, it was evident that many of the borings could not be drilled at the desired locations due to obstructions, such as overhead power lines, an underground utility to the west, and a berm to the west. Some borings were offset to the north and east to avoid the obstructions. The borings were located by tape and right angle measures from centerline stakes and property lines. These locations are shown on the enclosed Figure 1 and should be considered accurate only to the degree implied by the location method used. To properly explore the site, a total of nine borings were drilled along the proposed right -of -way. The borings were advanced about 5.0 feet below the planned utility excavation depth to allow for minor adjustments in the lines. The maximum boring depth was 19.0 feet. It is important to realize that if during construction any portion of the utility trench is deepened to a depth greater than 5 -feet, a safety system is required. - field Operations: Drilling and field testing procedures were conducted in substantial accor- dance with currently accepted practices and standards. The boring locations were determined with the aid of a surveyor provided by the project Civil Engineer. The borings were advanced using a combination of push -tube samp- L , Austin 1 El Paso /San Antonio Project No. AU -02 -88 -0021 Page 2 ling, penetration testing, and rock coring techniques. The sample return was visually logged in the field and testable samples were sealed to minimize moisture loss. They were then placed in core boxes and returned to the laboratory for further analysis. Laboratory: The field log and samples were reviewed by the Project Engineer and Staff Geologists. Representative samples of the subsurface soils were subjected to Atterberg Limits and minus 200 mesh sieve testing. Soils were identified in accordance with the Unified Soil Classification System (USCS). Shear strength characteristics of the surficial soil and primary limestone was tested in unconfined compression. The unit dry weight and moisture content of the sample was determined as well. All test results were conducted in substantial accordance with current ASTM standards. Subsurface stratigraphy and field and laboratory test results are provided on the attached Logs of Borings. Based upon the field and laboratory data, an engineering study was conducted and trench safety design criteria and pavement thickness recommendations were developed. Geology and Material Characteristics: Based upon a study of geologic mappings of the area and the contents of the boring, it has been determined that the primary geologic unit in this area is the Edwards formation. The Edwards formation is comprised of limestone, dolomitic limestone, and dolomite. At this site only the limestone portion of the Edwards was encountered. One of the most important features of the Edwards is the existence of solution cavities in the limestone. Rather large cavities are known to exist in this vicinity, but no evidence of cavi- ties was encountered in the borings. However, the top of the primary lime- stone strata was very broken at some of the boring locations. This may be due to past faulting action or to rock blasting operations in the adjacent quarry site. In its most weathered state, at the ground surface, this for- mation is comprised of a dark brown clay with limestone fragments and /or tan severely weathered limestone, which is a soil -like material. There are several characteristics of the subsurface materials encountered at this site that will affect the construction of the utility lines and the design of a trench safety system. The highly fractured nature of the top of the primary limestone indicates that the trenches should be relatively easy to excavate using a heavy -duty backhoe rated for excavating broken and frac- tured limestone. There are exceptionally hard layers of limestone, as indi- cated by the unconfined compression test result, and such layers might prove to be highly resistant to excavation efforts. Where these layers are quite thin, existing vertical seams and fractures might be exploited to facilitate the ripping and removal of the resistant layers. Where this is not pos- sible, pneumatic rock hammers and controlled blasting, if allowed, would be required. The surficial soils can be easily removed with conventional exca- vation equipment. ybrituma.sttieat Consultants. Inc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project No. AU -02 -88 -0021 - Page 3 Trench Safetv: There are two aspects of the subsurface conditions which will directly affect the design of a trench safety system. These are the existence of a variable thickness of soil atop the limestone and the highly fractured nature of portions of the primary limestone. The surficial clays are highly cohesive and should maintain temporary near vertical cuts. The tan severely weathered limestone (often blended with brown clay or silty clay) is a less cohesive material and, when not confined, can be unstable on a vertical cut. Over time, even the surficial clays will loose strength and slough. Therefore, it is recommended that the surficial soils either be laid back at a slope of one horizontal to one vertical or flatter or be retained with a trench safety system. Similarly, the primary limestone may have an apparent stability in vertical cuts but should not be considered stable because of the highly fractured nature of the rock. The trench excavation might intersect pre- existing angular fracture planes which could result in a rockslide. The weathered limestone stratum should be either laid back at one horizontal to one vertical or flatter or be restrained with a trench safety system. In summary, it is evident that the materials encountered at this site are generally unstable and should be laid back or, if cut to vertical faces greater than 5 -feet in height, a retention or safety system should be provided. As an alternative to a retention or safety system, OSHA regulations allow combinations of benching and sloping in order to achieve an effective grade with a minimum of subgrade removal. This is not considered a viable option at this site due to the proximity of the storm sewer to existing power transmission lines and their foundations. There are two basic trench safety system options available to the designer. These are a protective shield system for the workers in the trench or a shoring system used to retain the vertical walls of the trench. It is important to note that a trench shield system is not a retention system but only a protective device for workers in the trench. The shield does not exert a restraining pressure on the exposed trench face and sloughing of the sides can occur. The proposed storm sewer line is to be excavated down a right -of -way that contains power line structures with foundations adjacent to the planned excavation. There could be a danger of progressive collapsing soils undermining the integrity of the power line foundations if the excavation sides are not restrained. Therefore, although the trench shield is a viable option; it may only be used in areas not adjacent to the power line foundations. If the trench shield alternative is chosen, the shield should be designed by an engineer using the criteria provided further on in this report with the additional stipulations that the shield may only be used in areas at least 40 -feet from power line foundation elements and also that the trench shield be of such a width that it nearly touches the sides of the excavation on either side. A free space of no more than 1 -feet on either side should be allowed. iaba4Ustoer-Brytest Canaukants.Inc Project No. AU -02 -88 -0021 Page 4 For the length of storm sewer that extends along the power line corridor, a shoring system would be the preferable trench safety system. Since the total length of line outside of this corridor is relatively small, the shoring alternative is the primary design recommendation for this project. There are two types of shoring systems that are recommended for this site. In lieu of an engineered system, a timber shoring system might be designed using Appendix C to Subpart P of Part 1926 of the OSHA Construction Safety Guidelines. It is suggested that the recommended changes to Appendix C that are currently under consideration and review be used in the design. In accordance with conversations with OSHA officials, this is allowed. The soil and rock encountered in this boring is identified as a Type B soil or rock type for use in entering the design tables. Some portion of the severely weathered limestone and highly fractured weathered limestone strata might behave as a Type C material. These areas may require additional sheeting, not from a structural perspective, but to prevent the friable materials from sloughing off. An alternative to timber shoring would be to use a spaced shoring system comprised of hydraulic shoring members. The soil and limestone encountered in the borings exhibited sufficient cohesion to bridge between vertically shored members and this would obviate the use of continuous shoring. Verti- cal members may be placed a maximum of 6 -feet on center and should be pre- stressed prior to workmen entering the trench. The vertical members should . include 4 -foot wide plywood strips to reduce the exposed trench surface area. As mentioned for timber shoring, additional sheeting may be required if especially non - cohesive severely weathered limestone or broken weathered limestone is encountered. It is, however, expected that the vast majority of the excavation can be satisfactorily supported by the basic hydraulic shoring system. A restrained shoring system may be used adjacent to a power line foundation as long as the trench is located at least a distance equal to the trench depth from the foundation element. The excavation should be shored as soon as is practical. Exposed trench walls will develop a lateral pressure over time and will react against the shoring members. The magnitude of this pressure may be estimated using an assumed equivalent fluid weight. In the case of the clays and severely weathered limestone an equivalent fluid weight of 65 pounds per cubic foot should be used in design. For the primary limestone, an equivalent fluid weight of 40- pounds per cubic foot should be used in design. It is recommended that a Rankine triangular pressure distribution be assumed in calculating the earth pressures. A set of plans for recommended Trench Safety Systems is being forwarded sep- arately for inclusion in the project plans and specifications. This soils report should be placed in its entirety into the storm sewer line specifications as well. itabriusiaevaritat Canwhams.Inc Project No. AU -02 -88 -0021 Pavement Design and Construction: Typical subgrade` conditions anticipated within the pavement areas were ana- lyzed on the basis of the assumed traffic loadings for the purpose of selecting pavement section thicknesses that are generally consistent with local pavement design guidelines. Analyses were first conducted using the computerized pavement design method for flexible pavements, MFPS. Compli- mentary calculations were performed using a modified version of the Texas State Department of Highways and Public Transportation (TSDHPT) long -life pavement selection procedure. The project Civil Engineer indicated that the Deepwood Drive extension is classified as a neighborhood collector. In lieu of detailed traffic projec- tions and analyses, estimates of design traffic loadings were made. The guidelines contained in the City of Round Rock design standards and also the User's Manual (MFPS /MRPS) for paving thickness design, City of Austin, were consulted to assist in these estimates. These estimates were made on a rational basis using experience gained from similar projects, but are still only estimates. Should accurate projections of traffic become available, they should be used to develop alternative pavement sections. An initial Average Daily Traffic (ADT) of 2,000 vehicles per day (VPD), with 5.0 percent trucks, a .55 truck factor, and a 4.0 percent annual growth factor were assumed for a 20 -year design period. Subgrade support characteristics were developed based upon the results of basic soil classification tests. Two generalized subgrade conditions have been determined to be predominate at this site. The first condition will be germane where no significant cuts are constructed and the basic clearing operation does not remove the surficial highly plastic clays, making these clays the controlling subgrade. The second condition will exist when the surficial clays are removed and the tan severely weathered limestone is exposed. It is expected that this will be the case throughout most of the extension due to proposed cuts. Cut and fill plans should be compared to the boring logs to aide in the determination of the design subgrade for specific areas. The designs presented below include alternatives for stage construction with one planned overlay. The designs are as follows: Dark Brown to Brown Clay Subgrade: 2.0 inches Hot Mix Asphaltic Concrete (HMAC) 13.5 inches Crushed Limestone'Base Material (CLBM) 15.5 inches Total Constructed Thickness or 2.0 inches HMAC 11.0 inches CLBM 13.0 inches Total with a 1.5 inch overlay in 12 years isbn4Intner-arytest Consultants Inc Page 5 Project No. AU -02 -88 -0021 Tan Severely Weathered Limestone Subgrade: 2.0 inches HMAC Q inches CLBM 10.0 inches Total All surficial vegetation, major root systems, and existing fill material should be removed from beneath the paving areas prior to construction. The exposed natural subgrade should be compacted with any soft or weak areas removed and replace with compacted select fill. Where broken weathered limestone is exposed by grading operations, this compaction requirement may be waived and the subgrade approved based upon inspection by the Geotechnical Engineer or his representative. Pavements should be specified, constructed, and tested in accordance with the following specifications: - Hot Mix Asphaltic Concrete Surface - TSDHPT Item 340, Type D, fine - graded surface course. - Crushed Limestone Base Material - TSDHPT Item 248, Type A, Grade 2 or better. The base material should be compacted to a minimum of 97 percent of TEX -113 -E maximum density in compacted lifts not exceeding 6.0 inches. - Natural Subgrade - The natural-subgrade and /or natural soil used as fill material in the paved areas should be compacted to a minimum of 95 percent of TEX -113 -E maximum density at plus three to minus two percent of optimum moisture. Lime stabilization is not recommended at this site due to the presence of limestone fragments in some of the surficial clays and also the variable depth to limestone throughout the site. It is recommended that the engineering consultant review these recommend- ations and maintain contact with the Geotechnical Consultants throughout the design and construction phase. We appreciate this opportunity to be of ser- vice. Please feel free to call if you should have any questions concerning this report. Respectful ]jc 1+itiifd, P� ,,.... .,f-� RAGA- KI,S`[A):A Sf.SULTANTS, INC. Q a yd y! . . 41..Q f CRAV O6 le Paul B:a�`a i �V Manager 100.t 4O W...rhgineering PBC:vjh Copies submitted: Above (3) l Cwuhams. Gary W. Raba, P.E. Manager, Austin Region Page 6 mom womeromsuimomiummummeropimmilmaw DEEPW000 U I (PROPOSED) • DEEPWOOD DRIVE ROUND ROCK, TEXAS AU -02 -ee -0021 fie (E$ ><00 SCALE IN FEET W siweneryl,r CavuNme Inc VS 7 . (EXISTING/ FIGURE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 1 Sta. No. Date Drilled: April 25, 1988 Drill Methods: STP/Core Depth to - Water: SOIL TEST BORING SYMBOLIC LOGS BORING 1 Caving: lefer to :eat or iiscussion of boring contents. Figure Number 2 • Rabl-Kistner-Bryitest Consultants, Inc. -A void was encountered from 6.5 to 8.1 feet. Job No: AU-0288-0021 Elevation: 0 Scale: 2.5 Water Encountered: ' Date Checked: SO IL WW1. WWWM OM FIE. 1137 IMM WM Description . .• 3 . % .. 3 . - % . P5 .. 3 ... 3 . t112,1 MIM • • CH ..... _stone BROWN CLAY, with lime- fragments x _ 20 ===.4 TAN WEATHERED LIMESTONE, .7 Oa' broken --:;,-. .z=i.. ....-...=, 2. 11=M TAN WEATHERED LIMESTONE -.1...= _...--= ==z, === -... === === === === === __.. === ..:.= ----,-.. === === === ===. ===' ,5, 0 WAS ===t ■== . 12 .5 —= === . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 1 Sta. No. Date Drilled: April 25, 1988 Drill Methods: STP/Core Depth to - Water: SOIL TEST BORING SYMBOLIC LOGS BORING 1 Caving: lefer to :eat or iiscussion of boring contents. Figure Number 2 • Rabl-Kistner-Bryitest Consultants, Inc. -A void was encountered from 6.5 to 8.1 feet. Job No: AU-0288-0021 Elevation: 0 Scale: 2.5 Water Encountered: ' Date Checked: SOIL TEST BORING SYMBOLIC LOGS BORING 2 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 2 Sta. No. Date Drilled: May 3, 1988 Drill Methods: Push'SPT /Core Depth to - Water: Caving: Job No: AU -0288 -0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: -Hard crystaline layers encountered in the limestone stratum. -Refar to text for discussion of boring :ontents. Figure Number 3 Raba - Kistner-Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I a nm ria TUT OI U MS w ... ■e X u % .T % [ w t.f na 4.. % E n IELN OEM • - —zs - IS CH MH DARK BROWN CLAY TAN SEVERELY WEATHERED LIMESTONE TAN WEATHERED LIMESTONE 1° T7 ,w — • SOIL TEST BORING SYMBOLIC LOGS BORING 2 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 2 Sta. No. Date Drilled: May 3, 1988 Drill Methods: Push'SPT /Core Depth to - Water: Caving: Job No: AU -0288 -0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: -Hard crystaline layers encountered in the limestone stratum. -Refar to text for discussion of boring :ontents. Figure Number 3 Raba - Kistner-Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 la" ROIL SMOLA SWUM STEEL 1110 ill= TER IOU LOCI Description DE DE •D• It 41 X PI 3 -3111 X RP tat - PR a It RED PP 113 - 1 12,4 1 mq , - CL ri.i BROWN SILTY CLAY, with 1 i mast one -Fr aments _ . ... TAN SEVERELY WEATHERED LIMESTONE TAN WEATHERED LIMESTONE . • • 1 4 'Ia ' , 74 42 47 ISO A s. •.4k. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOIL TEST BORING SYMBOLIC BORING 3 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 3 Sta. No. Date Drilled: May 3, 1988 Drill Methods: Push/SPT/Core Depth to - Water: Caving: -Refer to text for liscussion of boring contents. Job No: AU-0288-0021 Elevation: 0 cale: 2.5 Water Encountered: Date Checked: -A vertical fracture was encountered at about 3.5 -feet. .11i *--Ki_tner-Brtest Consultants, Inc. Figure Number 4 ProJect: Deepwood Drive Location: Round Rock, Texas Boring No.: 4 Sta. No. Date Drilled: Maw 3, 1988 Drill Methods: Push/SPT/Core Depth to - Water: Caving: SOIL TEST BORING SYMBOLIC LOGS BORINS 4 Job No: Elevation: Scale: Water Encountered: Date Checked: - Iron staining was noted in the tan weathered limestone - Refer to text for discussion of boring contents. Raba-Kistner-Brwtest Consultants, Inc. AU-0288-0021 0 2.5 Figure Number 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOIL ITISIO.S MD FIELD 7E67 TA MOUT ...TOOLS WM Description ... PC. WC X U. 4.3 X -WO X OA Ss. PS x rap x ow l ' 117714 _ . T ' .. 2.6 . • _ CH • DARK BROWN CLAY TAN WEATHERED LIMESTONE . , . La us a • 4., s . 109 It/ 9t i legli gl i ■ === ---= LT.= = _-- _--_ mt..= --= === ProJect: Deepwood Drive Location: Round Rock, Texas Boring No.: 4 Sta. No. Date Drilled: Maw 3, 1988 Drill Methods: Push/SPT/Core Depth to - Water: Caving: SOIL TEST BORING SYMBOLIC LOGS BORINS 4 Job No: Elevation: Scale: Water Encountered: Date Checked: - Iron staining was noted in the tan weathered limestone - Refer to text for discussion of boring contents. Raba-Kistner-Brwtest Consultants, Inc. AU-0288-0021 0 2.5 Figure Number 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Jr•••CT SOIL. TEST BORING BORING Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 5 Sta. No. Date Drilled: April 266 1988 Drill Methods: SPT/Core/Wash Depth to - Water: Caving: Wa SYMBOLIC LOGS 5 Job No: AU-0288-0021 Elevation: 0 Scale: 2.5 ter Encountered: Date Checked: -Re+er to text for discussion of hork:4g cmntents. Rabs-Kistner-Drwtest J.:onsultants, Inc. .s Figur. Number 6 WILVMMO. MMOMMWCIA OM CIO-DTP MU WOO Description X A X X .2 X X PP IIIMM WM • V7I 1'4 CH BROWN CLAY, with lime - stone fragments I • ..2.6 M'' '''' TAN WEATHERED LIMESTONE, . 1 broken .. . • . TAN WEATHERED LIMESTONE . " -s - MI . • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Jr•••CT SOIL. TEST BORING BORING Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 5 Sta. No. Date Drilled: April 266 1988 Drill Methods: SPT/Core/Wash Depth to - Water: Caving: Wa SYMBOLIC LOGS 5 Job No: AU-0288-0021 Elevation: 0 Scale: 2.5 ter Encountered: Date Checked: -Re+er to text for discussion of hork:4g cmntents. Rabs-Kistner-Drwtest J.:onsultants, Inc. .s Figur. Number 6 SOIL TEST BORING.SYMBOLIC LOGS BORING 6 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 6 Sta. No. Date Drilled: May 3, 1988 Drill Methods: SPT/Corg Depth to - Water: Caving: Job No: AU-0288-0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: - Six inch clayey layer at 6.3 -Peet. - The broken limestone stratum is highly iron stained. - Refer to text for discussion o+ boring contents. Raba-Kistner-Brytest Consultants, Inc. Figure Number 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ........m. WITUDIVITOMS ONO FIELD Mr !AU MO Description WXXXX U1 PA XX MD., IMN NSW CH DARK BROWN CLAY, ., m m .. •a 1 ... ... A. with limestone fragments MH TAN SEVERELY WEATHERED LIMESTONE 21:6 ....,. 2. TAN WEATHERED LIMESTONE, broken 10. sm - II GRAY WEATHERED LIMESTONE . . SOIL TEST BORING.SYMBOLIC LOGS BORING 6 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 6 Sta. No. Date Drilled: May 3, 1988 Drill Methods: SPT/Corg Depth to - Water: Caving: Job No: AU-0288-0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: - Six inch clayey layer at 6.3 -Peet. - The broken limestone stratum is highly iron stained. - Refer to text for discussion o+ boring contents. Raba-Kistner-Brytest Consultants, Inc. Figure Number 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a- 1 1 1 1 1 1 1 1 1 1 1 1 1 SOIL TEST BORING SYMBOLIC LOGS BORING 7 Project: Deep wood Drive Location: Round Rock, Texas Job No: AU- 0288 -0' Boring No.: % Sta. No. Elevation: 0 Date Drilled: April 26, 1988 Scale: 5 Drill Methods 'T /Core Water Encountered: Depth to - Water: Caving: 18.0 Date Checked: - The competent limestone encountered in the boring is somewhat crystaline. - Refer to text for discussion of boring contents. Raba- Kistner- Brwtest Consultants, inc. 19'k•>! Number 8 'OMMI` Iwon Willa. Description s . "'` .I - ` , law .mw —. t . I IT S LI E DARK BROWN C s 44 41 OS '' r 1// _ BROWN CLAY, with lime- , stone fragments L.-15 TAN SEVERELY WEATHERED _ LIMESTONE _ -. -- TAN WEATHERED LIMESTONE, — = broken - TAN WEATHERED LIMESTONE '-N - — GRAY WEATHERED LIMESTONE = Iw i sa.za 1 1 1 1 1 a- 1 1 1 1 1 1 1 1 1 1 1 1 1 SOIL TEST BORING SYMBOLIC LOGS BORING 7 Project: Deep wood Drive Location: Round Rock, Texas Job No: AU- 0288 -0' Boring No.: % Sta. No. Elevation: 0 Date Drilled: April 26, 1988 Scale: 5 Drill Methods 'T /Core Water Encountered: Depth to - Water: Caving: 18.0 Date Checked: - The competent limestone encountered in the boring is somewhat crystaline. - Refer to text for discussion of boring contents. Raba- Kistner- Brwtest Consultants, inc. 19'k•>! Number 8 SOIL TEST BORING SYMBOLIC LOGS BORING' 8 Project: Deepwood Drive Locution: Round Rocks Texas Boring No.: 8 Sts. No. Date Drilled: April 26, 1988 Drill Methods: SPT /Core Depth to - Water: Caving: Job No: AU- 8288 -0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: -The tan severely Weathered limestone is iron stained -Refer to text for discussion of boring contents. Figure Number 9 Raba- Kistner- Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .:U .• M� FICA TUT MTP u,a Description M 124 " K LL K .1 X ' y" X W to M % M, it w 1101AV 101M -zs - . -7.8 1. CH MH BROWN CLAY, with lime- stone fragments TAN SEVERELY WEATHERED LIMESTONE TAN WEATHERED LIMESTONE, broken BRAY WEATHERED LIMESTONE 17 a a • w M IM n 22 O " ': +"'• 01 . i 1 ava sew 111 i -- - y • - --- SOIL TEST BORING SYMBOLIC LOGS BORING' 8 Project: Deepwood Drive Locution: Round Rocks Texas Boring No.: 8 Sts. No. Date Drilled: April 26, 1988 Drill Methods: SPT /Core Depth to - Water: Caving: Job No: AU- 8288 -0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: -The tan severely Weathered limestone is iron stained -Refer to text for discussion of boring contents. Figure Number 9 Raba- Kistner- Brytest Consultants, Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 SOIL TEST BORING SYMBOLIC: LOGS BORING 9 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 9 Sta. No. Date Drilled: April 26, 1988 Drill Methods: SPT'Core'Wash Depth to - Water: Caving: Job No AU- 0288 -0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: -Refer to text for discussion of boring contents. Figure Number 10 Raba- Kistner- Brytest Consultants, Inc. .:o � MOM MM F! .D Ton WO WOO Description '° 1<1 "" x ", • •3r • 8 au "" t.1 '�, • "' • ( WPM • CH DROWN CLAY. with l ime- ,,,. 3 "• ' stone fragments MH TAN SEVERELY WEATHERED LIMESTONE - TAN WEATHERED LIMESTONE 2. . _ 225 17 ,4.a IN e 131 1 141.31 7. • 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 SOIL TEST BORING SYMBOLIC: LOGS BORING 9 Project: Deepwood Drive Location: Round Rock, Texas Boring No.: 9 Sta. No. Date Drilled: April 26, 1988 Drill Methods: SPT'Core'Wash Depth to - Water: Caving: Job No AU- 0288 -0021 Elevation: 0 Scale: 2.5 Water Encountered: Date Checked: -Refer to text for discussion of boring contents. Figure Number 10 Raba- Kistner- Brytest Consultants, Inc. Legend: Symbol: Description: VA dill I I Notes: BROWN CLAY, with lime- stone fragments TAN WEATHERED LIMESTONE TAN SEVERELY WEATHERED LIMESTONE GRAY WEATHERED LIMESTONE NW -Sized core sample Depth to which the boring caved. Symbol: Description: I ri TAN WEATHERED LIMESTONE, broken DARK BROWN CLAY T-i Boring T BROWN SILTY CLAY, with limestone fragments Standard penetration -test. 140 lb. ham - mer droPPed 30" I `q j Undisturbed thin wall Shelby tube terminated 1. These logs are subject to the limitations, conclusions, and recommendations in this report. 2. Results of tests conducted on samples recovered are reported on the logs. Abbreviations used are: DD - natural dry density (pcf) MC - natural moisture content LL - Liquid Limit PI - Plasticity Index -200 ■ percent passing 0200 sieve (Y.) Qu - unconfined strength (tsf) PR - Percent Recovered (X) ROD m Rock Quality Designation PP - pocket penetrometer TERMS DESCRIBING CONSISTENCY, CONDITION, OR TEXTURE Terms used in this report to describe soils with regard to their consistency or condition are in general accordance with the discussion presented in Article 45 of SOIL MECHANICS IN ENGINEERING PRACTICE, the and y observations. Terms�used t to describe soils a soils according to their texture and grain size are in accordance with the UNIFIED SOIL CLASSIFICATION SYSTEM (USCS). Prosnt No. AU- 0288 -0021 Figure Number 11 Raba- Kintner- Brytest Consultants, Inc.