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R-93-04-22-9C - 4/22/1993BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF WILLIAMSON AND MILAM COUNTIES P.O. Box 882 102 W. 3rd St. Taylor. Texas 76574 Mr. Steven L. Sheets 309 E. Main Street Round Rock, Texas 78664 -5246 Re: Onion Creek Dam Maintenance Dear Mr. Sheets: May 4, 1993 05 - 05 - 93 12:47 RCVD Enclosed please find an executed original Indemnity Agreement by the WCID president. JSM:kg Enclosure Very truly yours, a Miles Genera ounsel (512) 352.8411 STATE OF TEXAS COUNTY OF WILLIAMSON GIndemAgree INDEMNITY AGREEMENT This Indemnity Agreement ( "Agreement ") is made and entered into by the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milan Counties (hereinafter referred to as "District ") and the City of Round Rock, Texas (hereinafter referred to as "City "), each acting by and through its duly al::cted officials. Recitals Whereas, District is the holder of an Easement from Leon E. Behrens, et ux. for the (1) construction, operation, maintenance and inspection of certain improvements, (2) flowage of water in, over, upon or through such improvements; and (3) the impoundment, storage or detention of water by such improvements; and Whereas, the City has determined that certain maintenance activities as contemplated by the aforesaid Easement would help to promote and encourage development in the general area, and Whereas, since the City would receive significant benefits from the performance of the maintenance activities, the City is willing to assume the cost of said maintenance, Now Therefore It Is Agreed As Follows: I. District agrees in consideration of a $3,000 permit fee and the City's agreement to indemnify it as provided below, that it would have no objection to the City performing maintenance and repair work as approved by the Soil Conservation Service on the Floodwater Retarding Structure No. 12 located on property owned by Leon A. Behrens and the Georgetown Railroad Co. In consideration of the foregoing the City shall indemnify and save harmless the District and its officers, agents, and employees from all suits, actions, losses, damaged, claims, or liability for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by such maintenance and repair work. In Witness Whereof, this Agreement is executed this • di , 199. II. 2. BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF WILLIAMSON AND MILAM COUNTIES CITY OF ROUND ROCK, TEXAS By: /�'/nnL /2L Mike Robinson, Mayor /f da of WHEREAS, the City of Round Rock has duly advertised for bids for the construction of the Onion Creek Watershed Regional Detention Improvements at SCS12, and WHEREAS, Round Rock Construction has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Round Rock Construction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Round Rock Construction for the construction of the Onion Creek Watershed Regional Detention Improvements at SCS12, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of April, 1993. ATTEST: RSO4223C E LAND, City Secretary RESOLUTION NO. '!' 73' 07 - 6119 - 9� MIKE ROBINSON, Mayor City of Round Rock, Texas Q°°Noq r THE CITY OF ROUND ROCK - \ w�i PUBLIC WORKS DEPARTMENT 0 :� % 221 East Main Street Ir r 4y";; ; " fi r ° Round Rock, Texas. 78681 (512) 255 - 3612 BID TABULATION BIDS EXTENDED AND CHECKED BY: Norman D. Key, P.E. DATE: SHEET: 04/13/93 1 OF: 1 CONTRACT .Onion Creek Watershed BIDDERS Regional Detention Project Ned Ross Co., Inc. Bid Bond ✓ Capital Excavation Co Bid Bond= J.C. Excavating Bid Bond .- Borah Inc. Bid Bond Reddico Const. Co. Bid Bond= Peabody Genl. Contractors, Inc. Bid Bond — Burris Const., Inc. Bid Bond ,-- LOCATION: RR Council Chamber Round Rock Construction Bid Bond r-' BID DATE : 04/13/93 TIME: 2 :00 PM l Unit Price $ 12.00 $ 47,220.00 $ 11.50 $ 45,252.50 $ 10.00 $ 39,350.00 515.00 $ 59,025.00 $4.25 $ 16,723.75 $19.70 $ 77,519.50 $16.80 $ 66,108.00 $21.00 $ 3935 C.Y. Channel Excavation Amount Unit Price $ 42,102.00 $ 52,112.92 $ 32,746.00 $ 46,780.00 $ $ 47 5 56,136.00 82,635.00 4678 C.Y. Embankment Amount Unit Price $ 0.70 $ 11,900.00 $ 0.61 $ 10,370.00 $ 2.25 $ 38,250.00 $ 0.50 $ 8,500.00 $ 1.00 $ 17,000.00 $ 0.50 $ $ 1.00 $ 17,000.00 5 3,000 00 $ $ 0.50 $ 8,500.00 $12.00 17,000 S.Y. Seeding Amount Unit Price 200 $ 3,800.00 $ 2,880.00 $ $ 3,200 00 $ $ 3,000.00 $ 8 500.00 $7.00 $ 3,400.00 L.F. Rock Berm Amount TOTAL BID $105,022.00 $110,615.42 5113,546.00 $117,305.00 $129,483.75 5136,667.30 5142,244.00 $ 2,400.00 5149.671,00 b dmbz..m DATE: April 20, 1993 SUBJECT: City Council Meeting, April 22, 1993 ITEM: 9C. Consider a resolution authorizing the Mayor to enter into an agreement with Round Rock Construction for Onion Creek Watershed Regional Detention Improvements at SCS12. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: On April 13, 1993, eight bids were opened for improvements to SCS12. These improvements will help to reduce flows in Onion Creek. Round Rock Construction was the lowest and best bidder at $105,022.00. Staff recommends award of the contract to Round Rock Construction. Funds are from the regional detention fund. DATE JOB NO i f /,3 h ATTENTION �1 !S-9, nn IN 10 RE _ b wX „ ee i TO REMARKS BAKER- AICKLEN & ASSOCIATES, INC. Consulting Engineers GENTLEMEN: WE ARE SENDING YOU 0 Shop drawing ❑ Copy of letter DATE COPY TO 9111 JoltyvIlle Rd., Suite 107 Itached O Prints ❑ Change order MVIS3 ors VOAMSNlT1Taa 0 Under separate cover via 0 Plans 0 Copies THESE ARE TRANSMITTED as checked below. Iltl4r approval I your use 0 As requested • 0 For your files SIGNED• - X. 10 ^. 0 A ,, - m1a4 kindly roat/ ue at ante x endtwres ere nal as 0 Samples the following Items: 0 Specifications 9— COPIES if NO OESCRIPTION 0 For review and comment Austin, Texas 78759 • 5121348 -8950 PROJECT MANUAL FOR ONION CREEK WATERSHED CONTRACT REGIONAL DETENTION PROJECT Baker - Aicklen & Associates, Inc. Prepared for: CITY OF ROUND ROCK 221 E. Main Street Round Rock, Texas 78664 Owner March, 1993 CONSULTING ENGINEERS Job No. 601 - 016 -21 A1;1111,11). L INSURANCE BINDER ISSUE DATE (MMIDD/YY) , 4 -23 -93 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. - PRODUCER Whorton Insurance Services 11044 Research Blvd # B11O Austin, Texas 78759 CODE SU &CODE COMPANY I BINDER NO. Continental Casualty C93 -35 EFFECTIVE DA TE { TIME EXPIRATION DATE TIME 4 -23 -93 12:01 x 5 -23 -93 x 1201AM — I NOON THIS BINDER 15 ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO' DESCRIPTION OF OPERATIONS/VEHICLES /PROPERTY (including Location) Job Description: Onion Creek Regional Detention Facility= Channel Improvements. , . N" Y " 1 INSURED ' City of Round Rock 221 E Main Round Rock, Tx 78664 . 1 .- COVERAGES .. LIMITS TYPE OF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINBUR. PROPERTY CAUSES OF LOSS � ---� 'BA ` `BROAD SPEC + r - GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY - - - .. ' + - i GENERAL AGGREGATE 1$ 500,000. PRODUCTS — COMP/OP AGG. $ . � CLAIMS MADE I : OCCUR PERSONAL & ADV INJURY $ t � OWNER'S & CONTRACTOR'S PROT. . EACH OCCURRENCE 500, 000 x FIRE DAMAGE (Any one tire) $ - RETRO DATE FOR CLAIMS MADE MED. EXPENSE (My one person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS ' SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY `^- I COMBINED SINGLE LIMIT $ - i 1 BODILY INJURY Per person) $ - BODILY INJURY (Per accident) $ a PROPERTY DAMAGE $ MEDICAL PAYMENTS $ - PERSONAL INJURY PROT $ ,. " • ' - UNINSURED MOTORIST ° S x AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES ' I I SCHEDULED VEHICLES ACTUAL CASH VALUE $ COLLISION STATED AMOUNT OTHER THAN COL - OTHER EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM - EACH OCCURRENCE S AGGREGATE S RETRO DATE FOR CLAIMS MADE - SELF•INSURED RETENTION S WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY STATUTORY LIMITS EACH ACCIDENT • $ ° DISEASE-POLICY LIMIT $ > DISEASE -EACH EMPLOYEE $ SPECIAL CONDITIONS /OTHER COVERAGES Pending receipt of policy ., from company. • -. NAME & ADDRESS _. ..... - .... _.... __ MORTGAGEE LOSS PAYEE ■ ■ ADDITIONAL INSURED Y ° '�_• LOAN # ., -'. AUTHORIZED REPRESENTATIVE _ Jim Whorton . /f , ACORD 75 -S (7/90) OACORD CORPORATION 1990 ACORD 75S (2/88) CONDITIONS • This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is' subject to the terms, conditions and limitations of the policy(les) In current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA Any person who refuses to accept a binder which provides coverage of less than - $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as of insurance for actual damages sus- tained therefrom. [/c//1!I/o INSURANCE BINDER ISSUE DATE(MWDD /YY) ^, 4 -23 -93 - THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. . PRODUCER +'✓ Whorton Insurance Services ' - 11044 Research Blvd # B110 Austin, Texas 78759 - - CODE _ SUB -CODE COMPANY Continental Casualty BINDER NO C93 -35 E FFECTIVE DATE TIME EXPIRATION __ DATE TIME 4 -23 -93 ( 12:01 x AM PM 5 -23 -93 _•_ x +zo+AM NOON I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO. r I DESCRIPTION OF OPERATIONS/VEHICLESIPROPERTY (Including Location) Job Description: Onion Creek Regional Detention Facility - Channel Improvements. INSURED City of Round Rock • 221 E Main - Round Rock, Tx 78664 COVERAGES - _ . ,-, ,,,,,,,,, LIMITS TYPE OF INSURANCE COVERAGE/FORMS AMOUNT , DEDUCTIBLE COINSUR. PROPERTY — CAUSES OF LOSS - + BASIC I :BROAD EliSPEC „ .. GENERAL LIABILITY , COMMERCIAL GENERAL LIABILITY - - GENERAL AGGREGATE 1$ 500 000. , ... PRODUCTS — COMP/OP AGG. $ . CLAIMS MADE 4 OCCUR PERSONAL & ADV INJURY $ x OWNER'S & CONTRACTOR'S PROT - - EACH OCCURRENCE 500,000. $ FIRE DAMAGE (Any one fire) a. RETRO DATE FOR CLAIMS MADE MED EXPENSE (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY i COMBINED SINGLE LIMIT 1$ ` - - s BODILY INJURY (Per person) t $ i BODILY INJURY (Per accident) $ PROPERTY DAMAGE I MEDICAL PAYMENTS $ PERSONAL INJURY PROT. 1$ - U MOTORIST ( 1 1$ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE i COLLISION !ALL VEHICLES I I SCHEDULED VEHICLES ACTUAL CASH VALUE 0 ! STATED AMOUNT OTHER THAN COL OTHER EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ .. AGGREGATE $ RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ WORKER'S COMPENSATION AND - EMPLOYER'S LIABILITY • - STATUTORY LIMITS I$ EACH ACCIDENT DISEASE - POLCY LIMIT $ DISEASE -EACH EMPLOYEE I $ SPECIAL CONDITIONS/OTHER COVERAGES Pending receipt of policy from company. NAME & ADDRESS ..... .. ... .. ... _... " - I MORTGAGEE (LOSS PAYEE - „ yam ADDRIONAL INSURED LOAN AUTHORIZED REPRESENTATIVE Jim Whorto G / . ACORD 75.5 (7190) .._ _._._. w,......,... T " ® ACORD CORPORATION 1990 ACORD 75S (2/88) CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) In current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the • Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA Any person who refuses to accept a binder which provides coverage of less than S1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sus- tained therefrom. Bid Date and Time: April 13, 1993 at 2:00 P.M. 1. In the Special Liability /Indemnity Statement for Georgetown Railroad, change the last words of paragraph (b) to read: .. naming Railroad as an additional insured." 2. As a point of clarification, all bidders should assume that excavation and embankment will be required to match the elevations and cross - section shown in the plans regardless of the existing type of material (i.e. rock). This addendum consists of 1 page. Acknowledge receipt of this addendum on the bid form. Baker - Aicklen & Associates, Inc. ADDENDUM NO. 1 Onion Creek Watershed Regional Detention Project City of Round Rock April 13, 1993 e. E. CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ONION CREEK WATERSHED REGIONAL DETENTION PROJECT SCS #12 DIVERSION DIKE IMPROVEMENTS Prepared for: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Prepared by: Baker - Aicklen & Associates, Inc. 9111 Jollyville Road, Suite 107 Austin, Texas 78759 March, 1993 Item No. Category Description 00050 Notices Notice to Bidders TABLE OF CONTENTS 00060 Bidding Requirements Information to Bidders 00070 Contract Forms No. of Pages 1 2 Statement of Bidder's Qualifications 2 Wage Rates 1 Bid Proposal 3 Bid Bond 1 Agreement 1 Performance Bond 1 Payment Bond 1 Maintenance Bond 1 Texas Sales Tax Exemption 1 Certificate Certificate of Insurance 2 Special Liability /Indemnity Statement 2 140 Conditions of Contract General Conditions of Agreement 12 Supplemental General Conditions 1 1 Item No. Category Description No. of Pages II Technical Specifications 102 Clearing and Grubbing 1 120 Channel Excavation 1 130 Borrow 1 132 Embankment 2 601 Salvaging & Placing Topsoil 1 II 604 Seeding for Erosion Control 2 606 Fertilizer 1 639 Rock Berm 1 ' 900 Restoration 1 1 1 1 1 1 1 1 1 1 1 1 NOTICES NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round_Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled Onion Creek Watershed Regional Detention Project (project involves the reconstruction of approximately 2920 linear feet of Channel and Dike Improvements) will be received until 2:00 P.M., Tuesday, April 13, 1993, then publicly opened and read aloud at City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed Bid for Onion Creek Watershed Regional Detention Project ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids shall be submitted on City of Round Rock bid forms and shall be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the office of Baker - Aicklen & Associates, Inc. at 9111 Jollyville Road, Suite 107, Austin, Texas, 78759, (512) 346 -6980, beginning March 30, 1993, for a non - refundable charge of $20.00 per set. In case of ambiguity, duplication or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Publish Dates: Austin American Statesman: March 28, 1993 April 4, 1993 NB -1 Joanne Land City Secretary City of Round Rock Round Rock Leader: March 29, 1993 April 5, 1993 BIDDING REQUIREMENTS Onion Creek Watershed Regional Detention Project t SCS #12 Diversion Dike Improvements INFORMATION TO BIDDERS 1.0 INVITATION a. The Work. Bids are invited on a contract for the construction of the Onion Creek Watershed Regional Detention Project in Round Rock, Texas. The project begins at the west end of the existing dike and extends approximately 2,920 linear feet to the east. This contract generally consists of approximately 3,935 cubic yards of excavation and approximately 4,678 cubic yards of embankment. 2.0 BID PERIOD a. Addenda. Addenda will be issued to bidders of record. ' b. Questions. Submit written questions about bidding documents to the Engineer. Inquiries must be received no later than 1 week prior to bid opening. Necessary replies will be issued to bidders of record as addenda, which become a part of the bidding documents. Oral instructions do not form a part of the bidding documents. ' c. Qualifications of Bidders. (1) The owner may make any investigations deemed necessary to determine the bidder's ability to perform the work. When requested for this purpose, furnish such information including a list of proposed subcontractors. (2) The owner reserves the right to reject the bid of any bidder if evidence or investigation indicates that the bidder is not properly qualified, in the opinion of the owner, to complete the work satisfactorily. 3.0 BID SUBMITTAL ' a. Receipt of Bids. Sealed bids will be received until the time specified in the Notice to Bidders. Bids received after this time will not be accepted. Bid opening will be held immediately after this time for receipt of bids has expired. Bids will be opened publicly and read aloud in the Round Rock Council Chambers, 221 E. Main Street, Round Rock, Texas 78664. All interested parties are invited to attend. 1 b. Bid Form. A bid form is bound with the specifications. (1) Submit the proposal and other required data in an opaque, sealed envelope. If submitted by mail, enclose bid envelope in another envelope addressed for mailing. Plainly identify the sealed envelope with the following information: a. Do not open before 2:00 p.m., April 13, 1993 . b. Bid for Onion Creek Watershed Regional Detention Project. c. Bidder: (2) Submit bid on the bid form provided. Fill in all blanks: failure to comply may be cause for rejection. If no amount is to be included, insert zeros ( -0 -) in the spaces. No segregated bids or assignments will be considered. (3) Acknowledge receipt of addenda by writing the addendum number and date in the space provided on the bid form. (4) Do not alter the bid form with written memoranda or qualifications. Any explanation, alternation or other statement proposed by the bidder must be written separately, signed independently, and included in the bid envelope. (5) Sign in longhand below the typed name of the person authorized to bind the bidder to a contract. When the bidder is a corporation the bid must be signed with the legal name of the corporation followed by the name of the state of incorporation and the legal signature of a person authorized to bind the corporation to a contract. c. Alternatives. Wherever in these specifications an item is identified by. a "brand name or equal" description, alternatives will be considered. The bidder is responsible for insuring that sufficient data is provided to the Engineer in adequate time so that the requirements concerning questions under paragraph 2.0 BID PERIOD of this Information for Bidders can be satisfied. d. Completion Time. (1) The work shall be completed within the number of calendar days given in the bid form. The time begins from date of Notice to Proceed. (2) Submission of a bid constitutes acceptance by the bidder of the completion time as a part of the requirements for this work. (3) The contractor agrees to pay the owner, or allow the owner to deduct from the contract sum, as liquidated damages, the sum specified in the General Conditions for each calendar day that the work remains incomplete after expiration of the contract time and for each day the progress of the project is delayed by the contractor's failure to complete a portion of the work specified in the construction schedule. e. Bid Security. 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, as 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. Provided however, if the contract price is less than $50,000.00, the bidder shall have the option of providing a letter of credit in lieu of a performance bond, said letter of credit to be in a form acceptable to the City of Round Rock. The notice of award of contract shall be given by the 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. f. Modification or Withdrawal. Bids may be withdrawn any time before bid opening, but may not be resubmitted. Bids may not be withdrawn or modified after bid opening. 4.0 CONTRACT REQUIREMENTS a. Award of Contract. The owner is not obligated to accept any bid. The owner reserves the right to reject any or all bids, and to waive any. irregularities in bids or in bidding. b. Statement of Bidder's Oualifications. Apparent low bidder may be required to complete a Statement of Bidder's Qualifications within 3 days after bid opening. c. Contract Forms. The successful bidder will be required to complete a Contract and an affidavit included within these specifications. d. Performance and Payment Bonds. The successful bidder must furnish performance bond or letter of credit, if applicable, payment bond and maintenance bond in the amount of one hundred (100 %) 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 Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. It is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 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. If the contract price is less than $50,000.00, a letter of credit may be furnished in lieu of a performance bond. It is agreed that the Contract shall not be in effect until such performance bonds or letters of credit, and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance bonds or letters of credit, and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds or letters of credit will be made by the Owner. e. Maintenance Bond. The successful bidder shall execute a maintenance bond in the amount of 100 per cent of the contract price. This bond shall be in effect for one year from and after the date of acceptance of the completed contract work by the Owner. Use maintenance bond form as provided. f. Notification to City. Contractor shall notify the City of Round Rock Public Works Department (within 10 days) after accepting new contracts as either sub or general contractors, along with a list of manpower and equipment to be moved from this project, if any. ' III. STATEMENT OF BIDDER'S QUALIFICATIONS 1. Name of Bidder Round Rock Construction, Inc. 2. Permanent main office address and telephone number 14 Galloping Road P.O. Box 1179 Round Rock, TX. 78680 3. When organized Organized in January 1989 under the name of Arrowhe ay Construction. Incorporated under the name of Round :i Rock Construction in July of 1992. 4. If a corporation, where incorporated Incorporated in Williamson County. State of Texas 5. How many years have you been engaged in the contracting business under your present firm or tra name 4 years 6. Contracts on hand: Wells Branch W -2A $ 399,000.00 Completion July 199 7. General Character of work performed by your company General Contractor, Street and Drainage, Utilities 8. Have you ever failed to complete any work award d t you? No. 9. Have you ever defaulted on a contract. No. 10. List the more important projects recently completed your company. I A. Pacific Island Club Excavation, Guam I{I Total Cost. $ 3,500,400.00 Complete. May 1992 B. U.S. Navy Antenae Fields Excavation. Gua Total Cost: $ 250.000.00 Complete: Jan. 1992 C. Deepwood Drive, City of Round Rock Total Cost: $ 460,000.00 Complete: Gov. 1992 D. Bastrop W.C.T.D. Slope Stabilization, Taiitia Village 3 Total Costa $ . 98,000.00 Complete, October 19 E. Allapang Beach Condominium Excavation, Jam 193,000.00 Complete, June 191 11. List your major equipment available for thi A. Komatsu PC -300 Excavator B. Dresser Rubber Tire Loader C. Komatsu Track Loader D. Ford Backhoe with Ram $E Total Cost, $ H. Miyima Hills Resort Excavation, Guam Total Cost $ 175,000.00 Complete, A ril 1991 E. Rentals available from Waukesha - Pearce T,dustries and Holt Catapillar for any other equipm required. erienoe in construction work similar in I 12. Exp mpor anc to this project. We previously have constructed the followin . a. Block House Creek Sections 2,3,4,6a,7 b. Settlement Section 1 and 2 c. Brushy Creek Section 4 d. Hunters Chase Section 3 e. Metric Boulevard from Parser Lane to How -`rd Lane f. Oakmont Section 1 g. Cat Hollow Section 4 h. Gatlinburg Sections 3 and 4 i. One American Center Site Excavation 13. Backround and experience of the principal m' your organization. 3 I S. Mike Stephens, President 21 years as owner of Utility and Road Co =tructioe Companies. 10 years as heavy equipment operator for oad Contractors �! Michael Langdon, Vice President 10 years experience as equipment operatoa, genera: superintendent. Mike Miller, General Superintendent 18 years experience as heavy equipment o rator, general superintendent for Utilities and oad Construction. Danny Thompson, Head Estimator 16 years experience as concrete superint dant estimator, and General Management. .1 contrac 14. Credit Available. $ 500.000.00 15. Give Bank Reference! First National Bank of Round Rock P.O. Box 5 Round Rock, Texas 78680-0005 Officer' Hr. John Parks Phones 512-255-2501 Pi , L r General Decision Number TX910043 Superseded General Decision No. State: TEXAS Construction Type: Heavy Highway County(ies): BELL CORYELL BEXAR GUADALUPE BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 1 03/08/1991 2 05/10/1991 3 01/31/1992 4 02/14/1992 5 04/17/1992 TX910043 - 1 TRAVIS WILLIAMSON COUNTY(ies): BELL CORYELL BEXAR GUADALUPE BRAZOS HAYS COMAL MCLENNAN * SUTX2042A 04/07/1992 Rates AIR TOOL OPERATOR $6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 CARPENTER 9.054 CARPENTER HELPER 7.146 CONCRETE FINISHER- PAVING 8.60 CONCRETE FINISHER HELPER PAVING 7.017 CONCRETE FINISHER- STRUCTURES 7.903 CONCRETE FINISHER HELPER STRUCTURES 6.690 CONCRETE RUBBER 6.740 ELECTRICIAN 13.71 ELECTRICIAN HELPER 8.386 FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM BUILDER HELPER STRUCTURES 6.780 FORM LINER - PAVING & CURB 7.250 FORM SETTER - PAVING & CURB 7.683 FORM SETTER HELPER PAVING & CURB 6.078 FORM SETTER- STRUCTURES 7.928 TX910043 - 2 TRAVIS WILLIAMSON Fringes FORM SETTER HELPER STRUCTURES 6.448 LABORER- COMMON 6.078 LABORER-UTILITY 6.852 MECHANIC 10.774 MECHANIC HELPER 7.632 OILER 9.389 SERVICER 7.280 PAINTER - STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 PIPE LAYER HELPER 6.262 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS .8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPFORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER FOUNDATION DRILL OPERATOR TX910043 - 3 8.427 9.880 CRAWLER MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED FOUNDATION DRILL OPERATOR HELPER TRUCK /CRAWLER FRONT END LOADER 2 1/2 C.Y. & LESS FRONT END LOADER OVER 2 1/2 C.Y. HOIST - DOUBLE DRUM MOTOR GRADER OPERATOR FINE GRADE MOTOR GRADER OPERATOR PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR - PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON- DRILL /BORING MACHINE /POST HOLE DRILLER OPERATOR REINFORCING STEEL SETTER PAVING REINFORCING STEEL SETTER STRUCTURES REINFORCING STEEL SETTER HELPER 7.032 TX910043 - 4 10.475 10.923 7.613 7.499 8.255 10.750 10.105 9.575 6.926 8.158 9.062 STEEL WORKER- STRUCTURAL 9.242 STEEL WORKER HELPER STRUCTURAL 6.769 SIGN ERECTOR 8.640 SIGN ERECTOR HELPER 6.078 SPREADER BOX OPERATOR 6.541 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER - SINGLE AXLE LIGHT 6.493 TRUCK DRIVER - SINGLE AXLE HEAVY 6.674 TRUCK DRIVER- TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY /FLOAT 8.041 TRUCK DRIVER- TRANSIT MIX 6.078 WELDER 8.824 WELDER HELPER 7.038 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) 1(ii)). END OF GENERAL DECISION TX910043 - 5 Bid item Quantity Unit Item Description and Written Unit Price Unit Price Amount 120 -C 3935 CY Channel Excavation, plan quantity, $ /Z. 00 L, ; 77 ZZO.Oo per cubic yard, complete in place. for 7cc5E dollars and ND cents 132 4678 CY Embankment, plan quantity, per Q $ - 00 . $412 /02. 00 - cubic yard, complete in place, including borrow: for NI NE dollars and NO cents 604 -A 17,000 SY Seeding for Erosion Control,Method "B; $ . $ 11,96o. oo Straw Mulch, complete in place. for NO dollars and S t/ E oci/r cents 639 200 LF Rock Berm, per linear foot, $ 1 0 O = C •3 800_ oo .complete and in place. for NINE reF./Ai dollars NO cents Total Amount I and Bid DNE. I-LADRF11 r fOE T/'/buSAND /1.EA/Ty TAM 4n/b Dollars $ 1O5 40Z2.00 words figures 1 1 1 City of Round Rock 221 East Main Street Round Rock, Texas 78664 Dear Sir. SP /00120U Rev. 03/24/88 Page 1 Series 0 Bidding and Contract Requirements Bid Section 00120 Dote 4 4 -13 19 4I The undersigned. in compliance with your invitation for bid construction of Onion Creek Watershed Regional Detention Project for the City of Round Rock, Texas having examined Project Manual, Plans and Addendum, the site of the proposed work and being familiar with all of the conditions surrounding construction of the proposed project having conducted all inquiry, tests and investigation deemed necessary and proper proposed to furnish all labor, material and equipment and perform all work required for construction of the project in accordance with the project Manual, Plans and Addendum for the following prices: Bid 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 _I 1 1 Series 0 Bidding and Contract Requirements Bid . Section 00120 Round Enclosed with this Bid is a Cashier's or Certified Check payable to the City of Rock or Bld Bond in the amount of five percent (5 %) of the total amount bid, (Dollarslf$ 1 It Is agreed that in the event this proposal is accepted by the OWNER and the undersigned Bidder falls to execute the Contract and furnish prescribed performance and payment bonds within ten (10) days after notice of award of contract to him, the bid guaranty shall become the property of the OWNER, as Iiquidateddamages, not as a penalty, but tordelays and inconveniences or the OWNER may pursue any other action allowed by law. TIME OF FUNCTIONAL COMPLETION: The undersigned CONTRACTOR agrees to commence work within ten (10)days after written notice as specified In a written "Notice to Proceed" to be issued by the OWNER and to functionally complete construction of the improvements, as required by the Project Manual, Plans and Addendum for Onion Creek Watershed Regional Detention Pro (Contract Number ), within 90 i4elOti /calendar days. The CONTRACTOR further agrees that should the CONTRACTOR fail to functionally complete the work within the number of days indicated in Bid or as subsequently adjusted by Change Order, he shall pay the liqui- dated damages for each consecutive day thereafter as provided below; unless the OWNER elects to pursue any other action allowed by law. LIQUIDATED DAMAGES: The CONTRACTOR understands and agrees that the timely completion of the described work is of the essence. The CONTRACTOR and OWNER further agree in applying liquidated damages that such damages cannot be precisely measured or that the ascertainment of actual damages would be unduly difficult. Therefore, the CONTRACTOR and the OWNER agree that for each and every calendar day the work or any portion thereof, remains functionally uncompleted after the functional completion date as established by the first sentence of the above para- graph, "Time of Functional Completion'; the CONTRACTOR shall pay, as agreed liquidated damages, the amount of One Hundred and No /100 dollars ($ 100.00 .. ) per calendar day and that such amount shall be deducted by the OWNER from any payment to the CONTRACTOR. The bidder acknowledges the liquidated damages and all conditions pertaining thereto as herein established and agrees to paysuch damages If the work is not functionally complete on or before the time established herein or as subsequently adjusted by Change Order. The undersigned acknowledges receipt of the following addenda: 4-15-93 (Seal) End Addendum No. 1 dated Addendum No. 2 dated Received Addendum No. 3 dated Received �t RouNO Rock' (.-ON,•T2cccr /ON„ ZNC. Contractor Secretary; if Contractor is a Corporation � By PKESIOEA 7 'Copy of Corporate Resolution and minutes with certlf icate of officer of Contractor as to authority of signatory to bind Contractor to be attached. SP /00120U Rev. 03 /24188 Page 2 Received ' } -13 -93 Title 147 Gd9 c.OP /N6 ,€o4f Po. Qox //79 KDUNID KOCK, TX. 78680 Address Bid E • + r, ,%, .. ,1 fw rt. }:. • +z.:- e rn,;. . , 1 r. „,Vt. ify00 ;,^ . Air., ' „ 1 ,,,, 2 . • r. '., k ` . ' r'!i ` '�., NV': . . COMMERCIAL y Uoyd's Insurance Company s BID BOND BOND NUMBER . a � KNOW ALL MEN BY THESE PRESENTS: THAT Round Rock Construction Round Rock, Texas ..... . . . ... , as Principal, and COMMERCIAL LLOYDS INSURANCE COMPANY, as Surety, are held and firmly bound unto City of Round Rock • as Obligee, in the full and just sum af.. FIVE PERCENT (5 %) OF THE GREATEST AMOUNT BID NOT TO EX.GE.E.R.....EVEN.. THOUS AND ....F.x.V..E H.UNR.RED...ARO . NO /.1QQ. Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal f ONION CREEK WATERSHED REGIONAL DETENTION PROJECT THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the _' time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of - • the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between ,k the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work - • if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. :3 Signed, sealed and delivered, APRIL 13, 1993 iii- (Date) ROUND ROCK CONSTRIJGT..IQN .............. mum ie . .. . ISEAU COM tNOYD'S INSURANCE COMP c.„. ,..., PAUL CAMERON Attorney -In -fact Jn,te i,lii' -"h. ,Y •ir1. q/''1`t i•�• H'',•.. :• , a - , , , , • - , X/r}n`v'T xdIr„", ,'e , f' • 7f s i nW04:.n\ .%d,nm4.:r ,: otdm, »1 .. ,n i n AW1/)P,,, :A i,Z.irr i.. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CI 11 fo.011 I Commercial Lloyd's Insurance Company 3901 S. Lamar Austin; Texas 78704 1 KNOW ALL MEN BY THESE PRESENTS: ' That Union Commercial, Inc., a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, Attorney -In -Fact for the Underwriters at Commercial Lloyd's Insurance Company, pursuant to the following resolution which is now in full force and effect: ▪ That each of the following officers: the President, or any Vice - President, may from time to time appoint Attorneys - - Fact, and Agents to ▪ act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority and other writings obligatory in the nature of a bond, and any of said officers may at any time remove any such appointee and revoke the power and authority given him," • does hereby make, constitute and appoint: Its true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowl- edge and deliver in its behalf, and as its act and deed, as follows: 1 1 1 1 1 All bonds not to exceed on any single instrument Seven thousand fi ve hundred and no /100 1 IN WITNESS WHEREOF, Union Commercial, Inc. has caused these presents to be signed by its President, and its Corporate Seal to be affixed, this 1st day of November, 1991. State of Texas County of Travis ' Commission Expires 2 -5 -94 COMMERCIAL LIOylf3 kIS1�81M,E COltN18lry Paul Cameron John W. Schuler ' On this 1st day of November, in the year 1991, before me Shannon McBride, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged • ▪ to me that the Corporation executed it. Shannon McBride Notary Public CERTIFICATE I, the undersigned, Secretary of Commercial Lloyd's Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of I Attorney and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed at the said Company at Austin, Texas dated this 13th day of APRIL , 19 c13 Secretary BD 12728 POWER OF ATTORNEY L L' C .4 President 4 4 v CONTRACT FORMS STATE OF TEXAS . AGREEMENT COUNTY OF WILLIAMSON THIS AGREEMENT, made and entered into this 23RD day of APRIL , A.D. 1991; , by and between the City of Round Rock, Texas, a Municipal Corporation, home rule City and political Subdivision organized and existing under the laws of the State of Texas, acting through the City Manager or designee thereunto duly authorized to do so, Party of the First Part, hereinafter termed OWNER, and . o u u D RncK C-0NSTRUCTI■,.7, SNIC, , of the City of {ZokNO Rock , County of \,.iI L, ,,,n,snn , and State of TEx % , Party of the Second Part, hereinafter termed Contractor. Witnesseth: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), and under the conditions expressed in the bonds bearing even date herewith, the said 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: Approximately 2,920 Linear Feet of Channel and Dike Improvements and all extra work in connection therewith, under the terms as stated in the Project Manual, Plans and Addendum; and at the Contractor's own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with the Project Manual, Plans and Addendum, which includes all maps, plats, blueprints and other drawings, and printed or written explanatory matter thereof, and the Specifications therefor, as prepared or approved by Baker - Aicklen & Associates, Inc. (9111 Jollyville Road, Suite 107, Austin, Texas), each of which has been identified by the endorsement of the Contractor and the Engineer /Architect thereon: all of which are made a part hereof by this reference and collectively evidence and constitute the entire contract. The Contractor hereby agrees to commence work within ten (10) days after the date contained in the Notice to Proceed given to the Contractor, and to complete same within 90 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The waiver by the Owner of any breach of this agreement must be in writing to be effective, and waiver of any breach shall not constitute waiver of any subsequent breach. The Owner agrees to pay the Contractor from the available fund for the performance of the contract in accordance with the Bid Proposal submitted therefor, subject to additions and deductions, as provided in the General Conditions of Agreement, and to make payments on account thereof as provided therein. Although drawn by Owner, this Contract shall, in the event of any disputes over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against either party. In Witness Whereof, the parties to these presents have executed this Agreement in multiple originals in the year and day first above written. ATTEST: Appro i•d as to form Law iepartment . / iti, . '� /LP a Sec Corporatirrn or otherwise registered with the Secretary of the State *Copy of Corporate Resolution and minutes with certificate of officer of Contractor as to authority of signatory to bind Contractor to be attached. End. P I, Party of the First Part (Owner) City of Round Rock Party of the Seco d Part (Contractor) S. MIKE Sr Name of Signatory: — PRES I bE NT" Title of Signatory: SPECIAL LIABILITY /INDEMNITY STATEMENT n Georgetown Railroad (a) RouNA Rocs.CoNSTILucroon{, INC. , hereinafter referred to as Contractor, agrees to indemnify and hold Georgetown Railroad, hereinafter referred to as Railroad, and the property of the Railroad, including the roadway traversed or occupied by Contractor during construction of the Onion Creek Watershed Regional Detention Project as shown on the attached map, referred to as the Premises, free and harmless from any and all liability for injury to or death of any person, including Contractor and employees of Contractor, or for damage to property arising from the use and occupancy of the•Premises by Contractor or from the act or omission of any person or persons, including Contractor and employees of Contractor, in or about the Premises with the express or implied consent of Contractor. (b) Contractor shall carry liability insurance with minimum limits of liability of $1,000,000 and Contractor shall provide evidence of such insurance coverage during the full term of the project by providing the Railroad a certificate of insurance naming Railroad as an additional insured. (c) Contractor agrees to release, investigate, indemnify and defend Railroad from and against all liability, costs or expenses for loss of or damage to property of either party hereto or of third persons, and for injuries to or deaths of Contractor or the agents, employees or invitees of Contractor or third persons or the employees of Railroad caused by or arising out of the presence, construction, maintenance, use or removal of said roadway, regardless of any negligence or alleged negligence, active, passive or otherwise, on the part of any employee of Railroad. The word "Railroad" as used in this section shall include the successors, assigns and affiliated companies of Railroad, and any other railroad company that may be lawfully operating upon and over the tracks adjacent to said roadway, and the officers and employees thereof. ATTEST: RcumA Kock CoNSTRLLCTtoa, Tnic, Contrac or BY 515h;:: ) PtzESIbENr Dated: 4 - ? 3 - 9, 1 PRA I "• CERTIFICATE ;;Ct IN4URANCE 1, Whorton Insurance Services 11044 Research Blvd #B110 Austin, Texas 78759 1 • INSURED 1 1 Round Rock Construction Inc. Mike Stephens Individual P 0 Box 1179 Round Rock, Texas 78680 COVERAGES 1 1 1 1 8 1 1 1, 1 1 CO TYPE OF INSURANCE LTR GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S A CONTRACTOR'S PROT. AUTOMOBILE LIABILITY x ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS x HIRED AUTOS x NON.OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER 1 ,CORD 25 -S (7/901 1 15954154 BUA115954168 WC 1 15968975 IESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS Waiver of Subrogation is hereby granted as Additional Insured as well. ' CERTIFICATE HOLDER City of Round Rock Public Works Dept 221 E Main ound Rock, Tx 78664 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY LETTER A TE Transcontinental Insurance Co. LETTER Y B Valley Forge Ins. Co. COMPANY LETTER C Transportation Insurance Co. COMPANY D LETTER COMPANY E LETTER 8 -16 -92 8 -16 -93 8 -16 -92 8 -16 -93 9 -15 -92 8 -16 -93 Jim Whorton( ISSUE DATE (MM /DDIYY) 4- 21 -,93 - COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDD/YY) DATE (MM /DD/YY) T GENERAL AGGREGATE PRODUCTS - COMP /OP AOO PERSONAL 8 AOV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one Me) MED. EXPENSE (My one person) 5 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE +_ _ EACH OCCURRENCE AGGREGATE ^ -- STATUTORY LIMITS EACH ACCIDENT DISEASE - .POLICY LIMIT 3 DISEASE —EACH EMPLOYEE 3 to City of Round Rock; and they are named CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 8HBH5VIDRxTQX MAIL _IL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE t $2,000,000. $ 1,000,000. $1,000,000. $ 50,000. 5,000. $500,000. 5 100,000. 500,000. 100,000. ACORN. CERTIFICATE OF INSURANCE 4 -22 -93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Whorton Insurance Services DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 11044 Research Blvd # B 110 POLICIES BELOW. Austin, Texas 78759 COMPANIES AFFORDING COVERAGE INSURED COVERAGES • CO TYPE OF INSURANCE LTR GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY A CLAIMS MADE X OCCUR 1 15954154 B C Round Rock Construction Inc. Mike Stephens Individual P 0 Box 1179 Round Rock, Texas 78680 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, OWNER'S A CONTRACTOR'S PROT. AUTOMOBILE LIABILITY x ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS x HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM OTHER WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY POLICY NUMBER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS COMPANY A LETTER Transcontinental Insurance Co. COMPANY 8 LETTER Valley Forge Ins. Co. COMPANY LETTE C Transportation Insurance Co. COMPANY D LETTER COMPANY E LETTER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM)DD /YY) DATE (MMA)O /YY) BUA115954168 8 -16 -92 8 -16 -93 WC 1 15968975 9 -15 -92 8 -16 -93 Certificateholder Named as Additional Insured. CERTIFICATE HOLDER CANCELLATION ISSUE DATE (MM /DD/YY) LIMITS GENERAL AGGREGATE $2,000,000. PRODUCTS COMP /OP AGG Sl ,000,000. 8 -16 -92 8 -16 -93 PERSONAL AADV INJURY 51,000,000. EACH OCCURRENCE '1,000,000. FIRE DAMAGE (Any one tiro) S 50,000. MED. EXPENSE (Any one parson) S 5 , 000. - COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per attidon0 PROPERTY DAMAGE R EACH OCCURRENCE S AGGREGATE S STATUTORY LIMITS EACH ACCIDENT DISEASE— POLICY LIMIT s 100,000. $ 500,000. OISEASE —EACH EMPLOYEE S 100,000. Georgetown Railroad Co. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE P 0 Box 529 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Georgetown, Texas 78627 -0529 MAIL ... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Garland Jaecks CIC / / Cft.L ACORD 25 -S (7/90) OACORD CORPORATION 1990 500,000. '� i!1 t \J' � ....�. , r,r v. ., r i .. .. .. , r - . i ., v .. , , -...r. . v t,�r,. t.t. � , t � , t` tt v1� \/ � J. ',r, 1 I , N ur AWN wl: <q� \ Itt ar U104(/ , \V' I= � I • \1� �r .' uei u a ^• •' - •tf' • m r ■ . . � i' $ P� ^.a !9J r 'M �; '9 �1 ' • tt . y If � lv. • v', r , t�• � : =`�, =p,a • ;,I= , .h • 1,�` i COMMERCIAL Lloyd's Insurance Company TEXAS STATUTORY PERFORMANCE BOND (Penally of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF BOND NUMBER BD 12763 Travis KNOW ALL MEN BY THESE PRESENTS: ' That Round Rock Cor)struction, Inc. P.O. Box 1179, Round Rock, Texas 78680 -1179 (hereinafter called the Principal), as Principal, and COMMERCIAL LLOYDS INSURANCE COMPANY (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock 221 East Main St, Round RpCk,..TeXas 78664 (hereinafter called the Obligee), in the penal sum of One Hundred Fi ve thousand and twenty two dollars and no /100 Dollars (s, ....... 105,,Q22 ) for the payment of which sum well and truly to be made, we bind ourselves our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the 23 day of. Apri 1 19 93 , a copy of which is hereto attached and made a par hereof, for Onion Creek Watershed Regional Detention Project Channel Excavation and Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shat faithfully perform the work in accordance with the plans, specifications and contract documents, 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, Revises Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provision: thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23 day of April 19 93 Ro.un.d. 0. .C.Onstruction,.: :. ?.'(So 0,..,...ms„..1),,.. co., „.,.,,,I.0...„.4..4, , R�CIIAL L LLOYD'S INC ANO +. - By. . ( !W ` - (Seal) Attorney -in -fad Agrohn W. Schuler . '' MINITMAISNMIRINEMIIIMITIMARMAXIMOMFMARIMMIKMIMAM - ` 7 au, 1 CL 506 (3 -91) v.: . ansimuusiumumummgyoimumulakinziwozammarammummusivolow COMMERCIAL • ' • • ".•;:k". r` • • " ' • • ' • . - .:: • ' " " ; . •••• Lloyd's Insurance Company TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF Travis BOND NUMBER . BD 12763 KNOW ALL MEN BY THESE PRESENTS: That Round Rock Construction, Inc. P.O. Box 1179, Round Rock, Texas 78680 -1179 (hereinafter called the Principal), as Principal, and COMMERCIAL LLOYD'S INSURANCE COMPANY (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock 221 East Main St. Round Rock, Texas 78664 (hereinafter called the Obligee), in the penal sum of... One. hundred.. F.i.ve.thousand..and..twenty two..dol l.ars..and .no /.100 - ................. t. -.-, Dollars (B 105,022.00 ) for the payment of which sum well and truly to be made, we bind ourselves our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the . 23. day of April 19 93 a copy of which is hereto attached and made a part hereof, for Onion Creek Watershed Regional Detention Project Channel Excavation and Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shat pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provides 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, Revises Civil Statutes of Texas and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23rd day of Apri 1 19 Round Ro k Construuction, Inc, (Seal) . C. (Seal) COM l ERCIAL LLOY 'S INSURA E COMPANY J } By �1 �I d. - (Seal) I -, 40�ncy� n -la.t W. Schuler I bhtV,IIP ill;:th hi•"li• i1• „,∎ ••,j) s / /Ii -y C /J iBi Illflil \s1J1f , • i, ., 4A\ H./: A \: / /h,:f.\ \. \\J Mhk , A. /fir ,t \ \ -Ling l\ \• 1/:k iqk \ . AI 1 CL 507 (3 -91) 'Commercial Lloyd's Insurance Company .3901 S. Lamar ' Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: t hat Union Commercial, Inc., a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, Attorney -In -Fact for the Underwriters at Commercial Lloyd's Insurance Company, pursuant to the following resolution which 'is now in full force and effect: ' That each of the following officers: the President, or any Vice - President, may from time to time appoint Attorneys -in -Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority and other writings obligatory in the nature of a bond, and any of said officers may at any time remove any such appointee and revoke the power and authority given him," ' does hereby make, constitute and appoint: John W. Schul er 'Its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowl- edge and deliver in its behalf, and as its act and deed, as follows: All bonds not to exceed on any single instrument One hundred five thousand and twenty two dollars and no / 100 -- Il a 'IN WITNESS WHEREOF, Union Commercial, Inc. has caused these presents to be signed by its President, and its Corporate 'Seal to be affixed, this 1st day of November, 1991. 1 'State of Texas County of Travis 1 Commission Expires 2 -5 -94 COMMERCIAL LbYd's Mince CortlpanY C a C John W. Schuler = President U S C 'On this 1st day of November, in the year 1991, before me Shannon McBride, a notary public, personally appeared John W. Schuler, personally ' known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Shannon McBride Secretary BD 12763 POWER OF ATTORNEY Notary Public ' CERTIFICATE I, the undersigned, Secretary of Commercial Lloyd's Insurance Company, DO HEREBY CERTIFY that the foregoing and,attached Power of ' Attorney and Certificate of Authority remains in full force and has not been revoked: ; ` y '` J Signed and Sealed at the said Company at Austin, Texas dated this 23 day of — 0i 1 71 9 9 � `' n ;_- COMMERCIAL Lloyd's Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact John Schuler, President of Operations, whose direct dial number is 512 - 444 - 7776. You may also fax us information at 512 - 447 - 7222. You may also call Commercial Lloyd's Insurance Company, toll -free telephone number for information or to make a complaint at: 1- 800 - 234 -8046 You may also write to Commercial Lloyd's Insurance Company at: P.O. Box 67, Austin, Texas 78767. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 800 - 252 - 3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax# 512 - 475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. 3901 South Lamar • Surto 350 • Austin, Texas 78704 P 0 Box 67 • Austin, Texas 78767 0067 Tel 512 444.7776 • Fax 512447 -7222 STATE OF TEXAS COUNTY OF THAT WE, As Principal, hereinafter called "Contractor ", and the other subscriber hereto as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Round Rock in the sum of DOLLARS ($ ) for the payment of which sum well and truly to be made to the City of Round Rock, and its successors, the said Contractor and Surety do bind themselves, their successors and assigns jointly and severally. The conditions of this obligation are such that: WHEREAS, the said Contractor has entered into a contract in writing with the City of Round Rock, dated of even date herewith, for the construction of approximately 2,920 linear feet of channel and dike improvements, all of such work to be done as set out in full in said contract and the plans and specifications therein referred to, and adopted by the City Council of Round Rock. NOW, THEREFORE, if the said Contractor shall repair, replace and restore any and all defects in, or damages to, said occasioned by, and resulting within one (1) year from and after the day of the acceptance of said work by said City of Round Rock from defects in materials furnished by, or workmanship of the Contractor, in performing the work covered by said contract, then this obligation shall become null and void, and shall be of no further force and effect; •otherwise, the same is to remain in full force and effect. IN TESTIMONY WHEREOF, witness our hands this day of , A.D. 19 . ATTEST: APPROVED: MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Senior Assistant City Attorney The foregoing bond is approved and accepted this , A.D. 19 . CONTRACTOR Secretary By: SURETY Director of Public Works City of Round Rock, Texas day of I, the purchaser named above, claim an exemption from payment of sales taxes for the purchase of taxable items described below or on the attached order or invoice: Description of Items to be purchased, or on the attached order or Invoice: Purchaser claims this exemption for the following reason: The City of Round Rock. Texas is a tax exempt municipality Tax exemption #74- 6017485 I understand that I will be liable for become due for failure to comply with and /or Metropolitan Transit Authority Comptroller rules regarding exempt will be determined by the price paid or the fair market rental value for the I understand that it is a misdemeanor to the seller for taxable items which will be used in a manner other • than and that upon conviction may be fined not payment of Sales Tax which may the provisions of the State, City Sales and Use Tax Laws and purchases. Liability for the for the taxable items purchased period of time used. to give an Exemption Certificate I know, at the time of purchase, that expressed in this certificate more than $500 per offense. tax Pvche•r sign for the City here of Round Rock Tiflis Oete i • TEXAS SALES TAX EXEMPTION CERTIFICATE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Q:= 01.315 (Os, 11 -81) /Name Of purcheur, Ilan Or •OeneY AUaraee (Sheet • number, P 0. Bon or Route numbed City, state, Clp ood. Phone (Area coda and numbed l NOTE' This certificate cannot be issued for the purchase, lease or rental of s motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist. This certlficate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. BIDDING AND CONTRACT REQUIREMENTS THIS CERTIFICATE IS ISSUED FOR THE DURATION OF THE PROJECT AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES COMPANY A LETTER COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY C LETTER COMPANY 'El LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Not withstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. LIMITS OF LIABILITY IN POLICY THOUSANDS (000) COMPANY TYPE OF POLICY EXPIRATION EACH LETTER INSURANCE NUMBER DATE OCCURRENCE AGGREGATE GENERAL LIABILITY Bodily $ $ Injury _Comprehensive Form Property $ $ _Premises- Damage Operations _Explosions and Collapse Hazard Bodily $ $ _Underground Injury and Hazard Property _Products /Completed Damage Operations Hazard Combined _Contractual Insurance Broad Form Property Damage Personal Injury $ _Independent Contractors _ Personal Injury AUTOMOBILE LIABILITY _Comprehensive Form _Owned _Hired Non -Owned EXCESS LIABILITY _Umbrella Form _Other than Umbrella WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY OTHER Builders Risk Description of Operations/ Locations /Vehicles PROJECT TITLE: C.I.P. No. PROJECT LOCATION: Bodily Injury $ (Each Person) Bodily Injury $ (Each Accident) Property Damage $ Bodily Injury and Property Damage $ Combined Statutory $ (Each Account) The City of Round Rock is named as an additional insured under all insurance, other than Workmen's Compensation. Cancellation: No policies will be cancelled or reduced, restricted or limited until ten (10) days after the owner has received written notice as evidenced by return receipt of registered or certified letter. NAME AND ADDRESS OF CERTIFICATE HOLDER: DATE ISSUED: CITY OF ROUND ROCK End. REPRESENTATIVE AUTHORIZED BAKER - AICKLEN & ASSOCIATES. INC Consulting Engineers July 8, 1992 GEORGETOWN RAILROAD P. 0. Box 529 Georgetown, Texas 78627 -0529 Attn: Mark Dixon Re: City of Round Rock Onion Creek Detention Facility Concurrence for Construction Gentlemen: This letter is to secure concurrence of Georgetown Railroad for the construction by the City of Round Rock of the referenced project which is located on land owned by the Railroad. You will recall we previously secured concurrence for the access routing. We are including the Special Liability/ Indemnity Statement approved on November 1, 1991, in the construction contract. A copy of the project site map and the Liability Statement is enclosed. We request that you indicate your concurrence with the proposed construction by signing below and returning a copy of this letter to us. If you have any questions, please contact either Joe Baker or myself. We appreciate your cooperation in this matter. Sincerely, Norman D. Key, P. NDK:ek Enc. Concurrence by Georgetown Railroad: Vice rREstbe4T - C,JG7wlccalJG RECEIVEt JUL 9 1997 - GtORGETOWN RRiLROAD Dated: 5J1, 5 1I' 2. 9111 Jallyville Rd., Suite 107 • Austin, Texas 78759 • 512/346 -6960 • FAX 512/348 -7072 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 O (9c i / EXISTING GATE uL _ ' e ' �/ / ) ) D iL \' ' PROJECT AREA \ , TLINE ROUTE) _ 4 . 1 � � i I� i R _ °_�' TE ',.,...yells \\ In -J I -, -\( es R t Area f „ ri osal \ — 5 ''' . . p -� �� 2 = 6788 � . � - � , LIMIT OF, —'� 1 ACCESS ROUTE L j ( I O , < , __ ' == oa ;- // 1 1 Wells 1 "'IH -35 t 1 ► �_ 11r i 1 % I / - --- ' : Sef.• l ' r ` I SCALE O i - 92 INI, =psi \ J W a t e r ank 1 li I MILE ONION 1000 0 1000 2000 3000 4000 5000 6000 7000 1 FEET I ---r 1 1-- 1 1--1 r- ---- -I — . t- -+ .5 0 1 KILOMETER I--, I r ---. .-r I--i I PROPOSED CONSTRUCTION ROUTES CREEK REGIONAL DETENTION PROJECT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 O (9c CONDITIONS OF CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1. DEFINITIONS 1 2. GENERAL PROVISIONS 2 2.01 Engineer's Status and Authority . s 2.02 Right of engineer to Modify Method 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 4 2.09 Keeping of Plans and Specifications Accessible 4 2.10 Discrepancies and Omissions 4 2.11 Contractor's Understanding 5 2.12 Extra Work 5 2.13 Payment for Extra Work 5 2.14 Assignment and Subletting 6 2.15 Subcontractors 6 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 "0r Equal" Clause -• 7 2.21 Completed Work 7 2.22 Materials Furnished by the Owner 7 2.23 Protection of Property 8 2.24 Shelters for Workmen and Materials 8 2.25 Sanitary Facilities 8 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 8 3.01 Labor, Equipment. Materials and Construction Plant 8 3.02 Performance and Payment Bonds 8 3.03 Contractor's Ability to Perform 9 3.04 Superintendence and Inspection 9 3.05 Character of Employees 9 3.06 Contractor's Duty to Protect Persons and Property 10 3.07 Safety Codes 10 3.08 Barricades 10 3.09 Minimum Wages 10 -3.10 Unsuitable Work or Materials 10 3.11 No Waiver of Contractor's Obligation 11 3.12 Site Clean Up 11 3.13 Guarantee 11 (CONTENTS CONTINUED) Page 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 12 4.01 Lines and Grades 12 4.02 Right of Entry 12 4.03 Owner's Inspectors 12 4.04 Collateral Work 12 4.05 Right -of -Way 13 4.06 Adequacy of Design 13 5. SCHEDULING AND PROGRESS OF WORK 13 5.01 Order and Prosecution of the Work 13 5.02 Rate of Progress 13 5.03 Sunday. Holiday. and Night Work 13 5.04 Hindrances and Delays 14 5.05 Extensions of Time 14 5.06 Liquidated Damages for Failure to Complete on Time 14 6. INDEMNITY 15 6.01 Contractor's Indemnity Provision 15 6.02 Workmen's Compensation Insurance 15 6.03 Comprehensive General Liability Insurance 16 6.04 Owner's Protective Insurance 16 6.05 Comprehensive Automobile Liability Insurance 16 6.06 Insurance,Certificate 16 7. TERMINATION OF CONTRACT 17 7.01 Right of Owner to Terminate ' 17 7.02 Right of Contractor to Terminate 17 7.03 Removal of Equipment 17 B. ABANDONMENT OF CONTRACT BY CONTRACTOR 17 8.01 Notification of Contractor 17 8.02 Retention.of Contractor's Equipment and Materials by Owner 17 8.03 Methods of Completing the Work 18 8.04 Final Acceptance 19 8.05 Disposition of Contractor's Equipment 19 9. MEASUREMENT AND PAYMENT 19 9.01 Character of Measurements 19 9.02 Estimated vs. Actual Quantities 19 9.03 Payment 20 9.04 Monthly Estimates and Payments 20 9.05 Certificates of Completion 21 9.06 Final Estimate and Payment 21 9.07 Notarized Affidavit 21 - 9.08 Release of Liability 21 9.09 Contractor's Obligation 22 9.10 Payments Withheld 22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; thelnformation to Bidders; the Bid Proposal; Signed Agreement; Performance, Payment and Maintenance Bonds; the General Conditions of the Agreement; the Special Conditions of the Agreement; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between. any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement. Performance, Bayment and Maintenance Bonds; Addenda, Proposal, Special Conditions of the Agreement,' Notice to Contractors, 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 Baker — Aicklen & Assoc., Inc. or.such other Engineer, supervisor, or inspector who has been designated. appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications. and not covered by the Contractors 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.' 1.07 Plans. "Plana" 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. GC -1 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 a conditiontoserve its intended purpose. but still may require minor miscellaneous work and adjustments. 1.11 Work. "Work " shall mean the work to be done and the equipment. supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. ' 1.12 Working Day. A "working day" is defined as any day,not including Sundays or any legal holidays, in which iaeather: or other conditions, not under the control of 'th'e *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. 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 GC -2 1 1 1 1 1 1 1 1 �1 .1 1 1 1 1 1 1 1 .1 _1 relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided. however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto 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. ii 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 ii � 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 ill from such order. 2 .03 Changes and Alterations. The Contractor agrees that the owner, i l though 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 'i either before or after the beginning of .construction without IF 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 claim , for damages or anticipated profits on the work that may be dispensed with. If they increase the amount of work and the increased work can fairly be classified 'under the specifications, i 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 1 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 1 owner shall compensate the Contractor for any materials or labor so II used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 1 GC -3 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 unforeseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosectuion 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 indemnify 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. 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 or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Keeping of Plane and Specifications Accessible. The Engineer shall furnish the Contractor with five (5) sets of executed Plans and Specifications without expense to him, and the Contractor shall keep one copy of the same constantly accessible on the work. with the latest revisions noted thereon. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material GC -4 1 1 1 1 1 i 1� 1 1 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 needed preliminary to and during the prosecution of the work. the general and local conditions. and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner. either before or after the execution of this Contract. shall affect or modify any of the terms or obligations herein contained. -2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all worl 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. 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 be should receive compensation. he shall make a written to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance. the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or GC -5 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) transporation 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 15X of the "actual field cost" to be paid the contractor shall cover and compensate him for his profit, overhead. and general superintendence. _ 2.14 Assignment and Subletting,. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Owner. nor shall be 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 and to any monies due or to become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materiels supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should - any subcontractor fail to perform the work undertaken by him in a satisfactory manner. his subcontract shall be immediately terminated by the Contractor upon written notice from the Owner. GC -6 1 1 1 1 1 1 1 i 1 I ..1 ! - 1 1 1 1 1 1 1 1 1 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work. but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. . If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction. the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The contractor shall make arrangements for receiving and storing materials. The owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause.' Whenever a 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. The 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. GC -7 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 the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support. and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and be shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer 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. 2.25 Sanitary Facilities. Necessary sanitary toilet facilities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 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 and Payment Bonds. It is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing GC -8 1 1 1 1 1 1 1 1 s1 1 1 1 1 1 1 1 .1 1 1 ji 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. The cost of the premium for the performance and payment bonds shall be included in the price bid by the contractor for the work under this Contract. and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the performance and payment bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. shall be duly authorized to act under the laws of the State of Texas as Surety. and shall be approved by the Owner. 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence_ of his.,a 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 Contract as outlined in Section 7 "Termination of Contract ". if job progress indicates that the Contractor lacks either appropriate eiperience 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 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 Employees. The Contractor agrees to employ only orderly. competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the GC -9 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 any way 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. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal. State. and Municipal safety laws and building and construction codes. All machinery. equipment. and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors .of America except where incompatible with Federal, State. or Municipal laws or regulations. 3.08 Barricades. When barricades are used to satisfy safety requirements, such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special Conditions of these Contract Documents. The Contractor shall pay not less than the general prevailing wages shown on said scale and shall keep accurate wages records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be GC -10 1 t� 1' 1 1� 1 1 1 1 1 deemed by the Engineer as unsuitable or not in conformity with the specifications. the Contractor shall, after receipt of written notice thereof from the Contracting Officer. forthwith remove such material and replace. rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. • Should the Contractor 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 inspector shall have no power to waive the obligations of this Contract for the furnishing by the contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor. or inspector to condemn any defective work or material release the Contractor from the obligation to at once tear out. remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however that the Engineer. supervisor, or inspector shall upon request of the contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor. or inspector 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; with the specifications for the work. Any questioned work maybe ordered taken up or removed for re- examination by'the Engineer prior to final acceptance, and if found not in accordance with the specifications for said work. all expense of removing, re examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extr 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 temporary structures built by him. shall remove all rubbish of every kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of 12 months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out GC -11 of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor 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 an 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 shall pay the cost thereof. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 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 shall be allowed no extra compensation therefore The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes. marks, etc. shall be carefully preserved by the Contractor. and in case of careless destruction or removal by him or his employees such stakes, marks. etc. shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising a:.d inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire." 4.03 Owner's Inspectors. It is agreed by the Contractor that the Owner shall appoint such Engineer. supervisors. or inspectors as the said Owner may deem necessary to inspect the material furnished and the work done under this Contract. to see that the said material is furnished, and to see that said work_is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, supervisors. or inspectors so appointed when such directions and instructions are consistent with the obligations of this Contract. 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. GC -12 1 1 1 i 1 1 1 1 1 1 4.05 Right -of -Way. Easements across private property and lands needed for construction under this contract will be provided by the Owner. 4.06 Adequacy of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof. and additions and alterations thereto approved in writing by the 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 conducive 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; but neither compliance 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 degreee of safety, the quality of work. and the rate of progress required by this Contractor. 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 GC -13 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. 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 fcr 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 of either. or by any other contractor employed by the Owner, or by strikes, fire.or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to "compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by 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 a penalty but as liquidated damages, the sum per day given in the following schedule: GC -14 1 1 1 1 1 1 1 1 a� 'I 1 1 1 1 1 1 i 1 Amount of Liquidated Amount of Contract Damages Per Day Less than $ 5,000.00 $ 30.00 $ 5,001.00 to $ 15,000.00 35.00 15,001.00 to 25.000.00 40.00 25,001.00 to 50.000.00 50.00 50,001.00 to 100,000.00 70.00 100,001.00 to 500,000.00 200_ 500,001.00 to 1.000.000.00 00.00 1,000,001.00 to 2.000,000.00 400.00 2.000,001.00 to 5,000,000.00 500.00 6. INDEMNITY 6.01 Contractor's Indemnity 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 indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgements, decrees, and expenses or -costs of any nature whatsoever arising out of or in any way connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused. by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the Contractor, his agents. servants, subcontractors, or employees. The Contractor -shall furthermore indemnify and save harmless the Owner and ,the Owner's agents and employees from all demands of subcontractors, workers,_material persons. or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection ; r with - work to be performed under this Contract. Property of anyazdescription, including property Of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his: agents, employees, subcontractors or their employees 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 indemnify 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. GC -15 6.03 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner. a Comprehensive General Liability insurance policy. said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors, Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $250,000 each person $500,000 each accident Property Damage 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 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 contractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $250,000 each person $500,000 each accident Property Damage GC -16 $ 50,000 each accident $100,000 aggregate $100,000 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 10 days advance written notice before any provisions of the _policies are changed or in the event said policies shall be 1 1 1 1 1 1 1 1 1 1 1 1 _-' 1 .1 .1 1 1 1 1 11 1 1' 1 1' 1 1 1 1 1 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 10 days subsequent to such notice. Immediately following such date the 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 provisions of Section 8 "Abandonment of Contract by Contractor ", of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor. then the Contractor may, upon 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 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 refuse to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work. and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not GC -17 remove from the work any machinery, equipment. tools, materials, or supplies then on the job. but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connection with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ". it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for completion hereinbefore provided within 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 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. GC —I8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.04 Final Acceptance. When the work has been completed. the Contractor and his Surety shall be so notified and •a contract Completion Certificate as hereinafter provided shall be issued. A complete itemized statement of the Contract accounts certified by the Engineer as being correct 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 bad the work been completed by the Contractor under the terms of this Contract or Then 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 rl 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 r _ a 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 he probable cost of the work and (b) for the purpose of comparing 1 1 t 1 GC -19 the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnisbed'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 be will make no claim for damages. anticipated profits. or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as 25 percent more than or 25 percent less than the estimated or contemplated quantity for such items. then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below 25 percent of the estimated quantity prior to initiating work 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 requirements of the Engineer. - 9.04 Monthly Estimates and Payments. On or about the 25th 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 said calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor 90 percent of the amount of such estimated sum on or before the 15th day of the next month. It is understood. however. that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no - fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer. pay a reasonable and equitable portion of the retained percentage to the Contractor. GC -20 r � 1 1 1 1 I 1 �1 i 1 1 1 1 1 1 • 1 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed, the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accordance with the plans, specifications and Contract. If so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued, the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. The Owner shall pay the Contractor within 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 Notarized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payments shall be subject to correction in the final estimate and payment: but in the absence of error or manifest mistake, it is agreed that 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 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. CC -21 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. 9.10 Payments Withheld. The Owner may. on account of subsequently discovered evidence. withhold or nullify the whole or part of any payment to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner. which will protect the Owner in the amount withheld. payment shall be made for amounts withheld because of them. GC -22 1 1 1 .1 1 1 1 1 1 1 1 1 1 1 1 .1 11 The Supplemental General Conditions contained herein amend or supplement and take precedence over the General Conditions of the Agreement. All General Conditions which are not so amended or supplemented remain in full -force and effect. 4.0 OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades 6.0 INDEMNITY Add the following: 6.07 Special Liability /Indemnity for Georgetown RR The requirements contained in the Special Liability /Indemnity Statement in the preceding section of the project manual regarding Georgetown Railroad shall be a condition of this project. End. SUPPLEMENTAL GENERAL CONDITIONS Replace the text of this section in its entirety with the following: Information concerning basic horizontal and vertical control points will be provided by the Owner, All stakes, benchmarks, and reference points shall be carefully preserved by the Contractor. All work to transfer controls for grades, lines, levels, layout, and measurements shall be performed by the Contractor. SGC -1 TECHNICAL SPECIFICATIONS 1 1 ) 1 1 1 1 1 1 1 1 1 1 1 1 1 Item No. 102 Clearing and Grubbing 102.1 Description This item shall consist of removing and disposing of all trees, stumps, brush, roots, shrubs, vegetation, logs, rubbish and other objectionable material. 102.2 Construction Methods Prior to commencing this work, all erosion control and tree protection measures required shall be in place and all utilities located and protected as set forth in "Gener. I Conditions of Agreement". Areas within the construction limits or as indicated shall be cleared of all trees, stumps, brush, etc., as defined above; except trees or shrubs indicated for preservation which shall be carefully trimmed as directed, conforming to Item No. 610, "Tree and Shrub Trimming and Preservation" and shall be protected from scarring. barking or other injuries duri.tg construction operations. Exposed ends of pruned limbs or scarred bark shall be pruned. trimmed and treated with an approved asphaltic material within 24 hours of the pruning or injury Construction equipment shall not be operated within the dnp line of trees, unless indicated. Construction materials shall not be stockpiled under the canopies of trees. No excavation or embankment shall be placed within the drip line of trees until tree wells are constructed. Within the construction limits or areas indicated, all obstructions, stumps, roots, vegetation, abandoned structures, rubbish and objectionable material shall be removed to the following depths: 1. In areas to receive 6 inches or more embankment, a minimum of 12 inches below natural ground. 2. In areas to receive embankment less than 6 inches and areas to be excavated, 18 inches below the lower elevation of the embankment, structure or excavation. 3. All other areas, 12 inches below natural ground. Holes remaining after removal of all obstructions, objectionable material, trees, stumps, etc., shall be backfilled with select em- bankment material and tamped. All cleared and grubbed material shall be disposed of in a manner satisfactory to the Engineer. Unless otherwise provided, all materials as described above shall become the property of the Contractor and removed from the site and disposed of at a permit- ted disposal site. Buming materials at the site shall conform to "General Conditions of Agreement ". 102.3 Measurement "Clearing and Grubbing", when included in the contract as a pay item, will be measured by the acre, 100 foot stations or jump sum regardless of the width of the nghl of way. 102.4 Payment This item will be considered subsidiary to Item No. 110, "Street Excavation" or Item No. 111, "Excavation ", unless included as a separate pay item in the contract. When included for payment, it shall be paid for at the unit price bid for "Clearing and Grubbing ", 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. Payment. when included as a contract pay item, will be made under one of the following: Pay Item No. 102 -A: Clearing and Grubbing — Per Acre. Pay Item No. 102 -B: Clearing and Grubbing — Per Station. Pay Item No. 102-C: Clearing and Grubbing — Lump Sum. No separate payment will be made for this item. Should be considered subsidiary to Item No. 120. End. Pagel 12/03/88 102 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 Rem No. 120 Channel Excavation 120.1 Description This item shall consist of excavation for channels within the limits indicated, regardless of the type of material encountered, removing and property utilizing or otherwise satisfactorily disposing of al excavated matenals and the constructing, shaping and finishing of all earthwork involved in conformity with the required line, grades and cross sections Indicated. When not otherwise indicated, this item shall include the work described in Item 101, "Preparing Right of Way ", Hem No. 102, "Clearing and Grubbing ", Item No. 104, "Removing Concrete" and Item No. 132, "Embankment ". 120.2 Classification All channel excavation will be unclassified and shall include all materials encountered regardless of their nature or the manner in which they are removed. 120.3 Construction Methods Prior to commencing this work, all erosion control and tree protection measures required shall be in place and utilities located and protected as set forth in "General Conditions of Agreement ". Construction equipment shall not be operated within the drip line of trees, unless indicated. Construction materials shall not be placed under the canopies of trees. No excavation or embankment shall be placed within the drip line of trees until tree wells are constructed. All channel excavation shall be performed as specified herein and shall conform to the established alignment, grades and cross sections. When fill sections are required, Item No. 132, "Embankments" shall govem the construction method. Suitable exca- vated materials shall be utilized, insofar as practicable, in constructing required embankments. Precautions will be maintained at all times to protect all trees in the area of construction. Where removal of trees Is necessary, they shall be marked as directed by the Engineer. Unsuitable excavated materials or excavation M excess of that needed for construction shall be known as "Waste" and shall become the property of the Contractor and it shall become his sole responsibility to dispose of this material off the limits of the right of way in an environmentally sound manner at a permitted disposal site. All blasting shall conform to "General Conditions of Agreement ". In all cases, a Blasting Permit must be obtained in advance from the Department of Transportation and Public Services 120.4 Measurement Accepted channel excavation will be measured by Method A, B or C as follows: (1) Method A Measurement of the volume of excavation In cubic yards by the average end areas. Cross sectional areas shall be computed from the existing ground sections to the established final section Indicated. (2) Method B Measurement of the length of the channel excavated In linear feet, as shown on the typical section. (3) Method C Measurement of the volume of excavation is in cubic yards, based upon average end areas taken from preconstruc- tion cross sections and the planned grades. The plan quantities for channel excavation will be used as the measure- ment for payment of this item. 120.5 Payment , This item will be paid for at the contract unit pnce bid for "Channel Excavation ", as provided under measurement Method A, B or C as included in the bid, which price shall be full compensation for furnishing all materials, equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under one of the following: Pay hem No. 120-k Channel Excavation — Per Cubic Yard. Pay Item Na 120-B: Channel Excavation, Foot Bottom — Per Unear Foot. Pay Item Na 120C: Channel Excavation — Per Cubic Yard, Plan Quantity. End Ref. 101, 102, 104, 132 120 Rev. 09130187 Page 1 Channel Excavation 130.1 Description This item shall consist of required excavation, removal and proper utilization of materials secured from sources obtained by the Contractor and approved by the Engineer. Compaction of embankments constructed from borrow as provided herein shall con- form to the method of Density Control in Item No. 132, "Embankment ". Borrow will be resorted to only when indicated or directed by the Engineer and then only from approved sources. 130.2 Materials All authorized borrow shall conform to one of the following classes: Class A (Select Borrow) This material shall consist of sand or other suitable granular material, free from vegetation or other objectionable matter reasonably free from lumps of earth and when tested by standard SDHPT laboratory methods, shall meet the following requirements: The Liquid Limits shall not exceed 45 The Plasticity Index shall not be less than 4 nor more than 15 Class B Item No. 130 Borrow This material shall consist of suitable nonswelling (soils with plasticity index less than 20) earth material such as loam, clay or other such materials that will form a stable embankment. Topsoil This material shall consist of approved topsoil material and shall be clean, friable soil capable of supporting plant life. This material shall also be free of stones and all other debris. 130.3 Construction Methods Prior to commencing this work, all erosion control and environmental measures required shall be in place. All suitable materials removed from excavations shall be used, insofar as practicable in the formation of embankments conforming to Item No. 132, "Embankment" or otherwise be utilized as indicated or as directed by the Engineer and the completed work shall conform to the established alignment, grades and cross section. Additional material necessary to complete the work described above shall be "Borrow" of the class specified. The Contractor shall arrange for borrow from one of the following sources: 1. Existing borrow pit 2. New borrow pit 3. Surplus excavated material from a site which has a site development permit. The Contractor shall notify the Engineer 3 weeks prior to opening pit to permit necessary testing for approval of matenals. All borrow sites shall comply with the requirements of the permit. During construction, the borrow sources shall be kept drained, insofar as practicable, to permit final cross sections to be taken, when required. The Engineer shall be notified sufficiently in advance of opening any borrow source to permit necessary testing for approval of materials. Borrow sites shall be managed to minimize the impact of the appearance of the natural topographic features and al no time create a potential hazard to the public. 130.4 Measurement and Payment No separate measurement for payment will be made for this item. Borrow will be con— sidered subsidiary to Item 132. Page 1 04/17/86 130 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Item No. 132 Embankment • 132.1 Description This item shall consist of the placing and compacting of suitable materials obtained from approved sources for utilization in the construction of street or channel embankments, berms, levees, dikes and structures. 132.2 Construction Methods (1) General Prior to placing any embankment, all tree protection. tree wells and erosion control devices shall be in place and all Item No. 101, "Preparing Right of Way" and /or Item No. 102, " Cleanng and Grubbing" operations shall have been completed on the areas over which the embankment is to be placed Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed loosened ground or surface roughened by small washes, shall be restored to approximately its original slope and the ground surface thus prepared shall be compacted by sprinkling and rolling. Construction equipment shall not be operated within the drip line of trees, unless indicated. Construction materials shall not be stockpiled under the canopies of trees No excavation or embankment shall be placed within the drip line of trees until tree wells are constructed conforming to Item No. 610. "Tree and Shrub Trimming and Preservation ". Unless otherwise indicated, the surface of the ground of all unpaved areas, other than rock which are to receive embankment, shall be loosened by scarifying or plowing to a depth of not less than 4 inches. The loosened material shall be recompacted with the new embankment as hereinafter specified. The surface of hillsides to receive embankment shall be loosened by scarifying or plowing to a depth of not less than 4 inches and benches cut before embankment materials are placed The embankment shall then be placed in layers, as hereinafter specified, beginning at the low side in partial width layers and increasing the widths as the embank- ment is raised. The material which has been loosened shall be recompacted simultaneously with the embankment material placed at the same elevation. Where embankments are to be placed adjacent to or over existing roadbeds, the roadbed slopes shall be plowed or scarified to a depth of not less than 6 inches and the embankment built up in successive layers, as hereinafter speci- fied, to the level of the ofd roadbed before its height is increased. Then, if indicated, the top of the old roadbed shall be scarified and recompacted with the next layer of the new embankment. The total depth of the scarified and added material shall not exceed the permissible layer depth. Trees, stumps, roots, vegetation or other unsuitable materials shall not be placed in embankment. All embankment shall be constructed in layers approximately parallel to the finished grade and unless otherwise indicated, each layer shall be so constructed as to provide a uniform slope of Y inch per foot from the centerline of the roadbed to the outside, except that on superelevated curves, each layer shall be constructed to conform to the superelevation indicated. The embankment shall be continuously maintained at its finished section and grade until that portion of the work is accepted. After completion of the embankment to the finished section and grade, the Contractor shall proof roll the subgrade conforming to Item No. 236, "Rolling (Proof)" and revegetation procedures must commence immediately to minimize the soil loss and air pollution. (2) Earth Embankments Earth embankments shall be defined as embankments composed of soil material other than rock and shall be con- structed of acceptable material from approved sources. Except as otherwise indicated, earth embankments shall be constructed in successive 6 inch layers, loose measure, for the full width of the individual cross section and in such length as are best suited to the sprinkling and compaction methods utilized. Minor quantities of rocks not larger than 4 inches. encountered in constructing earth embankment may be incorpo- rated in the earth embankment layers, provided such placement of rock is not immediately adjacent to structures Each layer of embankment shall be uniform as to material, density and moisture content before beginning compac- tion. Where layers of unlike materials abut each other, each layer shall be leathered on a slope of 1.20 or the mate- rial shall be so mixed as to prevent abrupt changes in the soil. No material placed in the embankment by dumping in a pile or windrows shall be incorporated in a layer in that position, but all such piles or windrows shall be moved by Page 1 04/17/86 132 (3) blading or similar methods. Clods or lumps of material shall be broken and the embankment material mixed by blad- ing, harrowing, diseing or similar methods to the end that a uniform material of uniform density is secured in each layer. Water required for sprinkling to bring the material to the moisture content necessary for optimum compaction shall be evenly applied and it shall be the responsibility of the Contractor to secure a uniform moisture content throughout the layer by such methods as may be necessary. All earth cuts, whether full width or partial width cuts in the side of a hill, which are not required to be excavated below subgrade elevation shall be scarified to a uniform depth of at least 6 inches below grade and the material shall be mixed and reshaped by blading and then sprinkled and rolled in accordance with the requirements outlined above for earth embankments and to the same density as that required for the adjacent embankment. Compaction of embankments shall conform to Item No. 201, "Subgrade Preparation ". Each layer shall be com- pacted to the required density by any method, type and size of equipment which will give the required compaction. Prior to and in conjunction with the rolling operation, each layer shall be brought to the moisture content necessary to obtain the required density and shall be kept leveled with suitable equipment to insure uniform compaction over the entire layer. For each layer of earth embankment and select material. it is the intent of this specification to provide the density as required herein, unless otherwise indicated Soils shall be sprinkled as required and compacted to the extent neces- sary to provide not less than 95 percent nor more than 105 percent of the density as determined in accordance with SDHPT Test Method Tex -114 -E at optimum moisture content or within minus 3 percent of the optimum moisture content. Care shall be taken to avoid overcompacting high PI expansive clays. After each layer of earth embankment or select material is complete, tests as necessary will be made by the Engi- neer. If the material fails to meet the density specified, the course shall be reworked as necessary to obtain the specified compaction. Rock Embankments Rock embankments shall be defined as those composed principally of rock and shall be constructed of accepted material from approved sources. Rock embankments shall not be placed immediately adjacent to structures. Except as otherwise Indicated, rock embankments shall be constructed in successive layers for the lull width of the cross section and of 18 inches or less in depth. When, in the opinion of the Engineer, the rock sizes necessitate a greater depth of layer than specified, the layer depth may be increased as necessary, but in no case shall the depth of layer exceed 2 feet. Each layer shall be constructed by starting at one end and dumping the rock on top of the layer being constructed then pushing the material ahead with a bulldozer in such a manner that the larger rock will be placed on the ground or preceding embankment layer and the interstices between the larger stones filled with small stones and spells by the operation and from the placing of succeeding loads of material. The maximum dimension of any rock used in embankment shall be less than the depth of the embankment layer and in no case shall any rock over 2 feet in its greatest dimension be placed in the embankment. All oversized rocks which are otherwise suitable for construction shall be broken to the required dimension and utilized in embankment construction where indicated, except that when preferred by the Contractor and acceptable to the Engineer, such rocks may be placed at other points where the embankment layer is of greater depth, thus requiring less breakage. Each layer shall be compacted to the required density as outlined for "Earth Embankments ". above, except in those layers where rock will make density testing difficult, the Engineer may accept the layer by visual inspection or proof rolling conforming to Item No. 236, "Rolling (Proof)" Unless otherwise indicated, the upper 3 feet of the embankment shall contain no stones larger than 4 inches in their greatest dimension and shall be composed of matenal so graded that the density and uniformity of the surface layer may be secured in accordance with SDHPT Test Method Tex - 114 -E. Exposed oversize material shall be broken up or removed. (4) At Culverts and Bridges Embankments adjacent to culverts and bridges which cannot be compacted by use of the blading and rolling equip- ment used in compacting the adjoining sections of embankment shall be compacted in the manner prescribed under Item No. 401, "Structural Excavation and Backfill ". Embankment placed around spill through type abutments shall be constructed in 6 inch loose layers of uniform suit- able matenal placed in such manner as to maintain approximately the same elevation on each side of the abutment and all materials shall be mixed, wetted and compacted as specified above. 132 04/17/86 Page 2 132.3 Measurement All accepted embankment, when included in the contract as a separate pay item, will be calculate In place and the volume computed in cubic yards by the method of average end areas. No allowance will be made for shrinkage. Plan quantities for embankment will be used as measurement for payment of this item. 132.4 Payment This item is usually subsidiary to excavation and /or borrow and is not paid for separately. However, when included in the contract as a separate pay item, it shall be paid for at the contract unit price bid for "Embankment ", which price shall be full compensation for all work herein specified, including the furnishing of all materials (except "Borrow" when paid as a separate bid item), com- pacting, equipment, tools, labor, water for sprinkling, proof rolling and incidentals necessary to complete the work. Payment, when included in the contract as a separate pay item, will be made under: Pay Item No. 132: Embankment — Per Cubic Yard, Plan Quantity End Embankment material placed adjacent to any portion of any structure or above the top of any culvert or similar struc- ture shall be Tree of any appreciable amount of gravel or stone particles and thoroughly compacted by mechanical compaction equipment. Page 3 04/17/86 132 Item No. 601 Salvaging and Placing Topsoil 601.1 Description This item shall consist of removing and salvaging clean, friable topsoil consisting of loam, sandy loam or clay loam free of roots and rocks larger than 2 inches and debris and placing where indicated. 601.2 Construction Methods The existing topsoil shall be removed from the area indicated, stockpiled in a windrow along the right of way or at designated locations or spread over an area that is ready for topsoil application in accordance with the plans or as directed by the Engineer. Trash, wood, brush, slumps, rocks over 2 inches in size and other objectionable material encountered shall be removed and disposed of as directed by the Engineer prior to beginning of work required by this item. Grass and other herbaceous plant materials may remain. Large clumps shall be broken up. After the grading has been completed to the required alignment, grades and cross - sections and prior to the spreading of the salvaged topsoil, any clay or tight soil surfaces shall be scarified by plowing furrows approximately 4 inches deep along horizon- tal slope lines at 2 toot vertical intervals. The spreading of the salvaged topsoil shall be undertaken as soon as the grading has been completed. The topsoil shall be spread so as to form a cover of uniform thickness indicated. After the topsoil has been placed and shaped, it shall be sprinkled and rolled to provide a suitable seed bed. 601.3 Measurement and Payment Salvaging and /or placing topsoil shall not be measured for payment, but shall be subsidiary to other items of work. End Page 1 04/17/86 601 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 - 9 Item No. 604 Seeding for Erosion Control 604.1 Description This item shall consist of preparing a seed bed to the lines and grades indicated, sowing of seeds, fertilizing, mulching with straw, asphalt, cellulose fiber, wood fiber and other management practices along and across such areas as are indicated or as directed by the Engineer /Architect /Landscape Architect. 604.2 Materials (1) Seeds All seed must meet the requirements of the Texas Seed Law including the labeling requirements for showing pure live seed (PLS), name and type of seed. Seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within nine months of the time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be fumished for analysis and testing when directed by the Engineer /Architect. The amount of seed planted per acre shall be of the type specified below. (2) Water Water shall be clean and free of industrial wastes and other substances harmful to the growth of grass or the area irrigated. (3) Top Soil Top soil shall conform to Item No. 130, "Borrow ". (4) Fertilizer Fertilizer shall conform to Item No. 606, "Fertilizer ". The fertilizer used shall have an analysis of 15- 15 -15, homoge- neous 13 -13 -13 or the analysis indicated. Straw Mulch Straw Mulch shall be oat, wheat or rice straw, Prairie Grass, Bermuda Grass, other straw or hay approved by the Engineer /Architect. The straw or hay shall be free of Johnson Grass or other noxious weeds and foreign materials. It shall be kept in a dry condition and shall not be molded or rotted. (6) Asphalt Emulsion Asphalt Emulsion shall be SS -1 or CSS -1 asphalt emulsion or as indicated and shall conform to Item No. 301, "As- phalt, Oils and Emulsions ". (7) Cellulose Fiber Mulch (Natural Wood) Cellulose Fiber Mulch shall be natural cellulose fiber mulch produced from grinding clean whole wood chips. The mulch shall be designed for use in conventional mechanical planting, hydraulic planting of seed or hydraulic mulch- ing of grass seed, either alone or with fertilizers and other additives. The mulch shall be such, that when applied, the matenal shall form a strong, moisture- retaining mat without the need of an asphalt binder. Wood Fiber Mulch (Newsprint) Wood Fiber Mulch shall be produced from ground newsprint with a labeled ash content not to exceed 7 percent. The mulch shall be designed for use in conventional mechanical planting, hydraulic planting of seed or hydraulic mulching of grass seed, either alone or with fertilizers and other additives. The mulch shall be such, that when ap- plied, the material shall form a strong, moisture - retaining mat without the need of an asphalt binder. 604.3 Construction Methods (1) Preparing Seed Bed After the designated areas have been rough graded to the lines, grades and typical sections indicated or as provided for in other items of this contract and any other soil area disturbed by the construction, a suitable seed bed shall be prepared. The seed bed shall consist of either 4 inches of approved topsoil or 4 inches of approved salvaged topsoil cultivated and rolled sufficiently to a state of good tilth which could prevent the seed from being covered too deep for optimum germination. The optimum depth for seeding shall be inch. Water shall be applied as required to prepare the seed bed. Seeding shall be performed in accordance with the requirements hereinafter described. (5) ( (2) Watering All watering shall comply with City Ordinances. Broadcast and asphalt mulch seeded areas shall immediately be watered with a minimum of 5 gallons of water per square yard or as needed and in the manner and quantity as directed by the Engineer /Architect. 604 Rev. 03 /31187 Page 1 Seeding for Erosion Control Watering applications shall constantly maintain the seed bed in a wet condition favorable for the growth of grass. Watering can be postponed Immediately after a rainfall on the site of 1 Inch or greater, but shall be resumed before the soil dries out Watering Shall continue until the grass is uniformly 11/2 inches in height and accepted by the Owner. Hydraulic seeded areas shall be watered commencing after the tackifier has dried with a minimum of 5 gallons of water per square yard or as needed to keep the seed bed in a wet condition favorable for the growth of grass. Watering can be postponed immediately after a rainfall on the site of 1/2 inch or greater, but shall be resumed before the soil dries out. Watering shall continue until the grass is uniformly 1' /: inches in height and accepted by Owner. Native grass seeded areas shall be watered commencing after the tackifier has dried with a minimum of 5 gallons of water per square yard or as needed to keep the seed bed in a wet condition favorable for the growth of grass. Watering can be postponed immediately after a rainfall on the site of y: inch or greater, but shall be resumed before the soil dries out. Watering shall continue until the grass is uniformly 11/2 inches in height and accepted by Owner. 604.4 Nonnative Seeding (1) Method A — Broadcast Seeding The seed or seed mixture in the quantity specified shall be uniformly distributed over the prepared seed bed areas indicated or where directed. 11 the sowing of seed is by hand, rather than by mechanical methods, the seed shall be sown in two directions at right angles 10 each other. If mechanical equipment is used, all varieties of seed, as well as fertilizer, may be distributed at the same time, provided that each component is uniformly applied at the specified rate. After planting, the planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of the slope areas shall be on the contour. Seed Mixture and Rate of Application for Broadcast Seeding' From September 15 to March 1, seeding shall be with a combination of unhulled Bermuda Grass at a rate o12 pounds per 1000 square feet and winter rye at a rate of 7 pounds per 1000 square feet that has a PLS = 0.83. From March 1 to September 15, seeding shall be with hulled Bermuda Grass at a rate of 2 pounds per 1000 square feet with a PLS = 0.8 Fertilizer shall be applied and shall conform to Item No. 606, "Fertilizer'. (2) Method B — Hydraulic Planting The seed bed shall be prepared as specified above and hydraulic planting equipment, which is capable of placing all materials in a single operation, shall be used. 604.5 Mulch (1) 604 Rev 09130187 March 1 to September 15 Hydraulic planting mixture and minimum rate of application per 1000 square feet: Hulled Bermuda Water Soluble Fiber Mulch Soil Seed (PLS = 0.83) Fertilizer Cellulose Wood Tackifier 1 Ib. 15 lbs. 45.9 lbs 1.4 lbs 57.4 Ibs 1.5 Ibs. September 15 to March 1 Add 7 pounds per 1000 square feet of winter rye with a PLS = 0 83 to above mixture. Fertilizer shall conform to Item No. 606, "Fertilizer" Mulch — Asphalt Mulch The cultivated area or seed bed shall have a relatively smooth surface without ruts or tracks Water shall be applied to the seed bed until a minimum depth of 4 inches is uniformly moistened. The water shall be applied in such a manner as not to erode the smooth surface. After the watering, when the surface of the seed bed has become sufficiently dry to permit planting. the seed mixture and fertilizer application specified above shall then be planted at the rate required and the application shall be uni- form If the sowing of seed is by hand, rather than mechanical methods. the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time provided the specified uniform rare of application for both is obtained When seed and fertilizer are to be distributed as a water slurry. the mixture shall be applied to the area to be seeded within 30 minutes alter all components are placed in the equipment Upon the completion of the sowing of the seed, the application of the asphalt emulsion shall follow as rapidly as possible. Immediately prior to the application of the asphalt emulsion. the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of 4 inches in depth Application of the asphalt emulsion shall be at the rate of approximately 0 3 gallon per square yard It shall be ap- plied to the area in such a manner that a complete film is obtained and the finished surface shall be comparatively smooth. Page 2 Seeding for Erosion Control 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (2) Asphalt Coated Straw Mulch Straw mulch shall be spread uniformly over the area indicated or as designated by the Engineer /Architect at the rate of 2 to 2' tons of straw per acre. The actual rate of application will be designated by the Engineer /Architect. A mulching machine. approved by the Engineer /Architect, shall be equipped to inject asphalt emulsion material into the straw uniformly as it leaves the equipment at a rate of 0.05 to 0.10 gallons of asphalt per square yard of mulched area. If the straw and asphalt emulsion are placed by hand, the rate of application for asphalt emulsion shall be approximately 0.15 gallons per square yard. (3) Shredded Brush Mulch Small brush or tree limbs, except Juniper, which have been shredded may be used for mulching Native Grass seeding. (4) Straw Mulch Straw mulch shall be spread uniformly over the area indicated or as designated by the Engineer /Architect at the rate of 2 to 21/2 tons of straw per acre. The actual rate of application will be designated by the Engineer /Architect. Straw may be hand or machine placed and adequately secured. (5) Fiber Mulch Cellulose and wood fiber mulch shall be spread uniformly over the area indicated or as designated by the En- gineer /Architect at the rate of 45 to 80 Ibs. per 1000 square feet. 604.6 Native Grass Seeding The seed bed shall be prepared as specified above. The seed mixture and the rate of application shall be as follows: Alamo Switchgrass Lometa Indiangrass Premier Sideoats grama Green spangletop Buffalo Grass Bermuda Grass 0.1 Ibs/1000 sq. ft. 0.1 Ibs/1000 sq. ft. 0.2 lbs/1000 sq. ft. 0.1 lbs/1000 sq. ft. 0.2 lbs /1000 sq. ft. 0.2 Ibs/1000 sq. ft. Total Seeding Rate 1.0 Ibs/1000 sq. ft. Species substitution as necessary due to availability shall be approved by the Engineer /Architect. Watering and fertilizer applica- tion shall follow procedures outlined above or as otherwise specified. Seed shall be applied by broadcast or drill method and shall be distributed evenly over the topsoiled areas. Mulching shall imme- diately follow seed application. 604.7 Measurement Work and acceptable material for "Seeding for Erosion Control" will be measured by the square yard or by the acre, complete in place, with a minimum of 95 percent coverage with no bare areas exceeding 16 square feet and a 1 inch stand of grass Bare areas shall be reprepared and reseeded as required to develop an acceptable stand of grass. 604.8 Payment The work performed and materials furnished and measured will be paid for at the unit price bid for "Seeding for Erosion Control" of the method specified, "Asphalt Mulch ", "Asphalt Coated Straw Mulch" or "Shredded Brush Mulch ", as the case may be, which price shall be full compensation for furnishing all materials, including all topsoil, water, seed, tackifier, fertilizer or mulch and for performing all operations necessary to complete the work All fertilizer will be measured and paid for conforming to Item No. 606, "Fertilizer ". Payment will be made under one of the following: - Pay Item No. 604 -A: Seeding for Erosion Control — Method "R" S traw Mulch — Per Square Yard. Pay Item No. 604 -B: Seeding for Erosion Control — Method Mulch — Per Acre Pay hem No. 604-M: Mulch — Per Square Yard. Pay hem No. 604-N: Native Grass Seeding — Per Square Yard. End Ref: 130, 606 • 604 Rev. 09130187 Page 3 Seeding for Erosion Control Item No. 606 Fertilizer 606.1 Description This item shall consist of providing and distributing fertilizer over such areas as indicated and in accordance with these specifications. 606.2 Materials All fertilizer used shall be delivered in bags or containers clearly labeled showing the analysis. The fertilizer is subject to testing by the State Chemist in accordance with the Texas Fertilizer Law. A pelleted or granulated fertilizer shall be used with an analysis indicated below. The figures in the analysis represent the percent of nitrogen, phosphoric acid and potash nutrients, respectively, as determined by the methods of the Association of Official Agricultural Chemists. Fifty percent or greater of the Nitrogen re- quired shall be in the form of Nitrate Nitrogen (NO,). The remaining Nitrogen required may be in the form of Urea Nitrogen (CO(NH,),). In the event it is necessary.to substitute a fertilizer of a different analysis, it shall be a pelleted or granulated fertilizer with a lower concentration. The total amount of nutrients furnished and applied per acre shall equal or exceed that specified for each nutrient. 606.3 Construction Methods Pelteted or granulated fertilizer shall be applied uniformly over the area specified to be fertilized and in the manner directed for the particular item of work. The fertilizer shall be dry and in good physical condition. Fertilizer that is powdered or caked will be rejected. Distribution of fertilizer for the particular item of work shall meet the approval of the Engineer. Unless otherwise indicated, fertilizer shall be applied uniformly at the following rate: FERTILIZER APPLICATION NEW CONSTRUCTION FERTILIZER ANALYSIS USE TYPE POUND PER ACRE NEW PLANTING MAINTENANCE Broadcast Seeding Any 400 15 -15 -15 15 -10 -5 Hydraulic Planting Water Soluble 653 15 -15 -15 15 -10 -5 Sodding Any 300 15-15-15 15 -10 -5 Trees Any — 16 -8 -0 15-15-15 Damaged Trees Any — 16-8-0 15 -15 -15 Shrubs and Plants Any — 16 -8 -0 15-15-15 Maintenance fertilizing shall be applied every 6 months after the new sod or grass is placed or until the work is accepted by the City. 606.4 Measurement Work and acceptable material for "Fertilizer" will be measured by the ton of 2,000 pounds or by the 100 pounds as determined by approved scales or guaranteed weight of sacks shown by the manufacturer. 606.5 Payment The work performed and materials furnished and measured as provided under "Measurement" will be considered subsidiary to other items in the contract unless shown in the Bid as a Pay Item, in which case it will be paid for at the unit price bid for "Fertil- izer" of the analysis specified, which price shall be full compensation for furnishing all materials and performing all operations necessary to complete the work. Payment, when specified, will be made under one of the following: Pay Item No. 606-A: Fertilizer — Per Ton. Pay Item No. 606 -B: Fertilizer — Per 100 Pounds. No separate payment will be made. Should be subsidiary to Item 604. End. Page 1 04/17/86 606 Item No. 639 Rock Berm 639.1 Description This item shall consist of a temporary berm constructed of open graded rock installed at the toe of a slope on the perimeter of a developing area The purpose of a rock berm is to intercept sediment laden water from unprotected areas, retain the sediment and release the water in sheet flow. This item shall include removal of the "Rock Berm" and revegetation of the area 639.2 Design Criteria A rock berm is constructed near the perimeter of a disturbed site within the developing area. A detailed design is not required for the installation of a rock berm: however, the following criteria shall be observed: Drainage area — less than 5 acres Height — 18 inches minimum height, measured vertically from the top of the existing ground at the upslope toe to the top of the berm Top width — 2 feet minimum. _ Side slopes — 2:1 or flatter. Grade — Berms will be built along a contour at 0 percent grade or as near possible. 639.3 Materials Surplus rock excavated from utility trenches or from other excavations may be used for construction of these berms In general, stones shall be sound with a minimum of 3 inches in smallest dimension and shall weigh between 10 and 30 pounds each. Seeding for revegetation shall conform to Item No. 604, "Seeding for Erosion Control ". Use only open- graded rock, with most of the fines removed. 639.4 Construction Methods All trees, brush, stumps, objectional material shall be removed and disposed of so as not to interfere with the construction of the berm. A trench shall be excavated to place the rock as indicated. The rocks shall be placed in layers with close joints starting at the base. Open joints shall be filled with spells as required to stabilize the berm The rock berm shall be inspected after each rain and the stone shall be replaced when the structure ceases to function as Intended due to silt accumulation among the rocks, washout. construction traffic damage, etc. When the site is completely stabilized, the berm will be removed and disposed of in an approved manner. The area will be revegetated as required by Item No. 604, "Seeding for Erosion Control" The area upstream from the rock berm shall be maintained in a condition which will allow sediment to be removed following the runoff of a rainfall event. Inspection, after each rainfall of 1 inch or more, will be made by the Contractor, and when the silt reaches a depth equal to 3 the height of the berm or 1 foot, whichever is less, the Contractor will remove the accumulated silt and dispose of it at an approved site in a manner that will not contribute to additional siltation. The berm will be reshaped as needed during construction. The rock berm shall be left in place until all upstream areas are stabilized and then removed and the area revegetated. 639.5 Measurement Acceptable work performed and prescribed in this item will be measured by the linear foot along the centerline of top of berm. 639.6 Payment Work performed and material furnished to construct this item will be paid for at the unit price bid per linear foot. This work shall also include seeding, inspection, silt removal, rock replacement, removal of rock berm and reseeding. Payment will be made under: Pay Item No. 639: Rock Berm — Per Linear Foot. End Page 1 04/17/86 639 900.1 DESCRIPTION This item shall consist of the restoration, complete in place,-to City standards of all improvements damaged during construction of this project which are not incTuded as a separate contract pay item. 900.2 MATERIALS AND CONSTRUCTION METHODS The applicable items contained within this manual and the City of Austin Standard Specifications as adopted and amended by the City of Round Rock shall govern improvements to be restored. 900.3 MEASUREMENT AND PAYMENT End. Item No. 900 Restoration Restoration, complete in place, of improvements, which are not included as a separate contract pay item, damaged during construction of this project shall be considered subsidiary to the contract and no measurement for additional payment shall be made.