The URL can be used to link to this page

R-97-06-12-11I - 6/12/1997DESCRIPTION OF CHANGES DECREASE CONTRACT PRICE INCREASE CONTRACT PRICE 1) Add 1 Each Short Single Water Services @ $500.20 /Ea. $ 500.20 2) Add 1 Each Long Single Water Services in Sleeves @ $846.68/Ea. $ 846.68 3) Add 4" Sleeve To Existing Black Polyethylene Long Service (m $610.00 /Ea. $ 610.00 TOTAL DECREASE//NCREASE NET CHANGE TO CONTRACT (j ) $ 1.956.88 S. D. KALLMAN, INC. ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, TX 78664 Phone: (512) 218 -4404 Fax: (512) 218 -1668 CONTRACT CHANGE ORDER NO. 1 CONTRACT FOR: Peachtree Valley Drainage Improvements OWNER: City of Round Rock, Texas CONTRACTOR: Reddico Construction Company. Inc. L O Date: September 10, 1997 Sheet 1 of 1 Job No: 84:1 -279 You are hereby requested to comply with the following changes from the contract plans and specifications: JUSTIFICATION: 1. Replace old style services in accordance with the attached details. The amount of the Contract before this Change Order is TWO HUNDRED SIXTY SEVEN THOUSAND NINE HUNDRED SEVENTEEN DOLLARS ($267.917.00) The amount of the Contract will INCREASE by the sum of ONE THOUSAND NINE HUNDRED FIFTY SIX DOLLARS AND EIGHTY EIGHT CENTS The Contract total Including this Change Order will be TWO HUNDRED SIXTY NINE THOUSAND EIGHT HUNDRED SEVENTY THREE DOLLARS AND EIGHTY EIGHT CENTS INEERS & ENVIRONMENTAL CONSULTANTS City of Ro d Roc A 1343.279A.CO1 September 10,1997 LA. MAN, IN -- Date ($1956.88) ($269,873.88) ent will become a supplement to the Contract and all provisions will apply hereto. pany, Inc. 9 / Date 9.36 Date WHEREAS, the City of Round Rock has duly advertised for bids for the Peachtree Valley Drainage Improvements, and WHEREAS, Reddico Construction Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Reddico Construction Company, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Reddico Construction Company for the Peachtree Valley Drainage Improvements, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of June, 1997. ATTEST: K \WPDOCS \RESOLUTI \RS70612I WPD /ecg RESOLUTION NO. R- 97- 06- 12 -11I CHARLES CULPEL'PER, Mayor City of Round Rock, Texas ITEM 27E, DESCRIPTION 10. 11. N0. 2. 3 . S.D. KALLMAN, INC. -- ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, Texas 78664 Phone: (512) 218 -4404 Fax(512)218 -1668 DRAINAGE °RO YEMENIS 36' RCP. Chu 111 42 RCP, C4aes m 42' RCP, Clan V 48'RCP. Chas 54 RCP, Giese!!! Fla! Bottom Channel DM Indu.ng Concrete Pilot Section Area Niel Combbrebon Wes and Junction Box Standard JunSbn Bma Stade,d Curb Inlet CH.11B Headwall for 54' Pipe Remove end Capes° 06 Edstin9 Cancrele Swab, Including R200o8 udbo of Fences and Rewgehtlon with San Augustine Sod and 3' Sandy Learn Topsoil Concrete Pod Channel UNIT LF. L.F LF. L F. L.F. LF EA. EA. FA EA. EA EA L.F. QUANTITY 110 144 71 1,055 403 425 6 2 670 $ 16,272 00 $ 8,16500 3165,500 00 0 52,000 00 $ 2,550 00 $ 14,40000 L 4,600 00 0 3,40000 0 4,60000 f 2,80000 S 6,00000 0 13,40300 REODIC0 CON9muenoN 2605 S. MYY. 183 883608R, 7X78841 UNIT PRIC 83 CO 3 11300 11500 $ 10000 BID TABULATIO S THE CITY OF ROUND R CK PEACHTREE VALLEY DRAINAGE I PROVEMENTS 13000 S 600 3 2.40000 S 4 00 0 3,40000 2 0 2,60000 0 3.00000 20 00 MOUNT Mt421oo S. Has 10713 F.M. 820 N. 309 ADM TX 78728 UNIT PRM,F AMOUNT 8700 10300 16500 f 10400 11900 $ 1000 32,45000 $ 3,90003 0 2,50000 1.70000 3 1,00033 1,00000 $ 2700 9,57000 14,83200 0 11,71500 0109,720 00 47,95700 $ 4,25000 0 14,40000 0 3,80030 f 2.50000 .40000 0 1,900 00 0 2,00000 3 18,090.00 BEEMAMIEIUNCB P.O. B038859 H06863N08BAr, TX 78867 01 MT PRM F 7000 j 8500 10000 f 11500 j 14030 f 500 f 2,00000 0 12,67250 $ 722035 0100,22500 $ 46,31500 $ 7,22535 S 15,00040 0 7,00000 0 10,50003 3 5,00000 $ 450000 $ 1600000 0 16,75003 00 S 2,500.00 2,50000 S 600000 0 4503 00 $ 2000 AMOUNT 0 7,70000 12 ,24050 7 100 00 5121.32500 56 0 2,12500 12.000.00 $ 3,00000 0 2.50000 $ 5,00000 600000 0 9,00000 0 13,40000 BID DATE: Tuesday June 3 1997 BID TIME: 2 :00 p.m. SDK JOB NO 343 -279 PAGE 1 OF 2117? PRMF 6500 i 88.013 99 00 9500 00 i F 2,600 00 17.00 57 310,500 00 2,503 00 0 4,500.00 0 5,000 00 0 2500 C.C. CAR1.I60 81281)80; 6203 Ausnm, 7X78735 AMOUNT 7 DAV00C0N87RUDRON 12819 D63368 R0. AU57s4 TX 78754 7500 $ 9500 10000 10100 3 12530 O 1900 1,94000 _0_3 600 00 3 2,88050 $ 1,80100 $ 2,00000 O 6,00000 3 18.80 MOUNT 3 8,25000 S 10.680110 $ 7,10000 010655550 50,37500 f 8,07500 0 11,64000 S 3,00000 3 2,50030 3,602 00 2,00000 0 12,00000 0 12,55800 CNASCO C005$3e1M0 P.0.8071057 ROIN0 R0O147X78860 UNIT LIIVIT PRICE AMOUNT AMOUNT MOO S 924000 11 S 800 $ 1078000 V 0 12000 $ 17,28000 $ 10800 315,:5200 13200 118 00 $ 126 00 3 2000 02.00000 0 6,00033 $ 300600 0 2,00000 0 1,70000 $ 2,70000 3 1600 BOR., NIG P.0.6672138 ROU80Rock TX 78880 f 0,20200 $ 11300 5 8,02300 0122,35000 $ 11800 0124,49000 50,77800 $ 132.00 0 53.19630 f 8500 00 f 1000 0 4,250 i 13.800 00 $ 2,50035 5 15,000 00 $ 6,00030 3 4,000 00 $ 4,00000 $ 3.00000 03,00000 0 3,00000 4 52 0 5,00000 S 1.700 00 54,50000 i 4,60000 $ 5,40000 $ 1,20030 0 2,40000 0 10,72000 2400 18,080 00 S.D. 1106 KALLMAN, INC. -- ENGINEERS AND ENVIRONMENTAL CONSULTANTS South Mays, Suite 100 Round Rock, Texas 78664 Phone: (512) 218 -4404 Fax:(512) 218 -1668 BID TABULATIONS THE CITY OF ROUND ROCK PEACHTREE VALLEY DRAINAGE IMPROVEMENTS BID DATE: Tuesday. June 3, 1997 BID TIME: p 00 D m. SDK JOB NO: 343 279 PAGE 2 OF 4 ,may DESCRIPTION UN? QUANTITY RE2p2D C0655,0000 2SOSS. Hwy. 183 L 7X78641 M1...S.Hen 10713F.M. 620N.306 Aus787, 7X 787M eAVMAwrA 06 P.O.eare869 HGRS6sxo 657 r, TX CC TOx 612138430s, 8203 &Ism TX 78735 DAxro COxsmucTrox 12819/06334u 620. Ausm; TX 78764 MASCO CO l7RAGIRO P.0.8041057 Rou80RO028, TX 78860 BoRal, Mr. 7.0.80x2133 Roma Rocs, TX 78680 ti 1'1 nsi6 PR A ! F AMOUNT PRIcP AMOUNT P F AMOUN T UMT P F AMOUNT P AMOUNT UNIT AMOUNT AMOUNT L5 _ 1 $2,00000 $ 2=00 55,000.00 3 5=00 $2,00000 $ 2,00000 $5,00000 5 500000 $ 500000 $ 6,00000 p E 5555000 $ 5.00000 PR/ 03$0000 $ 3,50000 14 Open-out and Repair ut Exhaling Pavement In Chisholm Trail Road LF. 34 $ 6000 $ 1,920ID $ 15000 $ 3000 ,60 $ 2500 $ 60300 $ 10000 3 2.40000 $ 13800 $ 3,31200 $ 13500 $ 3,240.00 3 3000 $ 72000 16 Open Cut and Repair Pavement IOna Paremenl 10 Peachtree Removal end Rmmd eod Disposal of Concrete Section and Reconstmdlon sComm, carom Gutter. Sidewalk d iron:Mon to &Wing Pavement Section L5 . 1 02,00000 f 1250000 $12,00000 512,00000 57,000.00 $ 7,000.00 514.00050 $ $23,50000 $ 15 ,50000 $ 6,50000 57.00000 $ 7,00000 17. SIM Fence LF . 1 6 200 $ 2,72000 $ 150 $ 200 $ 2.72000 $ 200 9 2,72000 $ 175 $ 2,38000 $ 200 $ 2,72000 $ 15. Reck Beni LP 20 $ 1400 $ 28000 $ 2000 $ 2,600 CO $ 40000 $ 1000 6 200 00 $ 2500 $ 50000 3 2000 $ 40000 130 5 2,04000 19. Stabilized Co on Enbanm Entrance EA 2 $ 1,50000 $ 3,00]50 $1,00000 $ 2,00005 $ 75000 $ 1,50000 3 80000 f 1,60000 $ 1.200 CO $ 2,/0000 $ 2560 5005 020 $ 45005 $ 4,00000 3 2005 01,00050 S 40000 $ 2,000.0] Z0. Re llon and veget Revepel S.Y. 7,000 $ 0.30 $ 2,10000 5 050 $ 3,50000 $ 0.30 $ 2,15000 $ 025 3 1,75000 $ 030 $ 2.100 00 5 0.25 $ 1,75000 1 0.50 $ 3,50050 21. Trench Safely LS 1 $ 60000 1 4067.317.00 $ 60000 62,00000 $ 2,00000 $074,674 00 _ 5150000 5 1,00000 $2,00000 $ 2,00000 $ 6,00000 $ 6,00000 $5,00000 5 5,00000 55,000 TOTAL DRAINAGE IMP605EMENT6 ` 1274,63000 _ 5273,366.00 _ 5267,36500 $189,78000 00 $ 5,00000 89040820 S,D. KALLMAN, ENGINEERSANDENWRONMENTAL CONSULTANTS 1106 South Mays, Round Rock, Phone: (512) Fax:(512) INC. Suite Texas 216 -4404 218 -1668 -- 100 78664 BM TABULA77ONS THE CITY OF ROUND ROCK PEACHTREE VALLEY DRAINAGE IMPROVEMENTS BID DATE: BID TIME: SDK JOB NO: PAGE Tuesday. June 3 1997 2:00 a.m. 343 -279 3 OF 4 l7E61 NO. ' OESCRMTI07! UNIT 0UAN777Y RECORSmucno, SPECW.IYA 13071 Pawn SPRINGS RD. Ausrns, 2x78729 KeysroNECoNsmuc5ON 7100 Of. GBEE CAVES RD. Acts.,, Tx 78718 -0938 ROSS CONST17.7MN 7 7 1 W , 8203 Aus7H, TX 78735 AUSTIN ENCwEENwo P.0.8nr155990 Aus768, 2X78710 - - DRAWER P A 6B CoNsmu000N 831 PRAIRIE TR . Ro6Eas CONsmucrnoN 4916 111-36 Sown OR8JNAGE fN' . FNrs UNIT P AMOUNT UNTT pm ,, J AMOUNT PR C AMOUNT E AMOUNT 9 6500 9 7000 s $ 715000 91008000 Aus7N, p,,,, TX 78768 AMOUNT GEORGETOWN, I UNIT PRIOF 7x78627 1. 36 RCP, Class! LF. 110 7500 $ 10400 $ 12300 8 X 00 51497500 $ 8,73300 $ 10160 $ 11000 $ 11800 311,17600 9 15,840 00 3 8,37800 $ 9400 5 12000 5 180110 $ 10,34000 $ 1738000 ER $ 10400 9 13000 511,44000 518,72090 S 6800 9 70 00 9 7,48000 910,08020 5 13200 $ 14800 515,52033 521,31200 2. 42' RCP. Class II LP. 144 -I -I 4 2'RCP,d 71 48 RCP, 1.0 403 11300 311921500 $ 12000 9126,60000 $ 12500 912,780.00 9131,87500 9 13800 $ 11000 $ 9,79800 511505000 $ 10000 $ 11500 $ 7,10000 3121,32500 5 9200 5 10500 3 6,53200 5110,77500 9 17200 $12212.00 54 RCP. CL.,. $ 15500 562455500 $ 13800 $ 30 20 9 55,614 00 912,76000 9 14500 3 1500 958,43500 9 8,375.00 9 12400 3 800 $49,97200 $ 3,400 00 $ 15000 S 2500 960,45000 910,62500 9 11500 5 4000 9 46,345 00 317,00000 j 13200 3 13500 9 2400 913936000 554,40500 5 10 0000 6 Flt Bottom Channelny [miming Concrete not seclnn LF, 125 9 1300 $ 5,52500 7. Area Inlet EA 8 92,40080 $14 94,00000 524,00000 5300000 518,00000 95,60000 $33,60000 f 3,500 521,00000 55,26000 e. Combination hat and Junction Bin FA 1 54,00000 $ 4,00000 95,300,00 3 530000 34,000,00 9 4,000.00 97,600 00 9 7,80000 $ 4,000.00 9 4,00000 98,75000 33193300 3 8,75000 91,80000 9 7,000 00 528,80000 5 7000 00 9. Standard Junction Box E0. 1 $ 2,500.00 9 2,50000 5 4,200 00 f 4200 00 94,05000 5 4,05000 3580000 9 5,90000 $ 4,00000 $ 4,00000 57,200 00 9 730000 3 6,000 00 9 8.00000 10 Standard Curb Inlet EA. 2 f 1,95000 $ 3,90000 92,50300 3 5,00000 3292000 $ 5,60000 32,46000 9 4,80000 5 2,40000 $ 4,80000 9 3,29833 3 6,40000 11. CW118 Fbadnl 1tt.1185e EA 1 94]9000 9 4,290.00 54,30000 9 4,30000 31,70000 f 1,70090 94,700 00 5 4,70000 3 4,00000 $ 4,00000 55,702.00 9 5,70200 93,20000 94,50000 9 6,40000 $ 420000 12 Remain and Dispose of a Concrete Seale, Including Fences ms1 Fences d Rev, elation with San 035251102504 and 3' Sandy Loam T0p001 EA, 2 92,16400 f 4,32800 9 2,500 00 3 5,00000 9 4,000 00 5 8,000 00 98,40000 912,80000 9 75 CO 33 $ 15,00000 9 8,750 00 513,50000 9 4,800 00 9 9,60000 13 Conn25 Polka Channel LF. 870 5 3000 520,100,80 5 2500 518,760 00 f 17.00 911,30090 9 2990 9/9,43000 f 1600 510,72020 3 4000 526,60000 9 2450 516,41500 S.D. KALLMAN, INC. --- ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, Texas 78664 Phone: (512) 218 - 4404 Fax:(512) 218 -1668 MO TABULATIONS THE CITY OF ROUND ROCK PEACHTREE VALLEY DRAINAGE IMPROVEMENTS BID DATE* Tuesday. June 3. 1997 BID TIME: 2,00 p.m. SDK JOB NO: 343 - 279 PAGE 4 OF 4 ITEM NO. REM DESCRIPTION UNIT QUANTITY RECONSTRUCTION SRECWLTFS 13071 POND SeRerooRC. AUSTIN 7X78729 7100 0.13E8 RG. 7100 ee C 8CAVE3 RO. AUOO7N, 7X 78716-0938 Ross COxsmuo oon 7600 Hwy 71 W, 6203 ADSrw, 7X78736 AUSTw7 ERGNEETING P.O. Box 181990 Ausr9r, 7X78718 NHS Coxsmoc o Mtn mP MAN., 7X76863 A &BCoxsmucnox 831 Thum TOSS Aus1w, TX 78768 ROGES CONsmuen9N 191691.36 Soum GEORGETOWN TX 78827 DRAINAGE rM yEMENTS UNIT' p AMOUNT UNIT „ AMOUNT UNIT P AMOUNT UNIT PRICE AMOUNT PC AMOUNT Z AMOUNT P� PC AMOUNT 14 Reymde Existing D00095O Arm, H ydrom Disturbed of 20000004 Arms L5 1 $2,22900 $ 2,22900 34,00000 $ 4,00000 58,00000 $ 8,00000 $120000 9 120050 I $ 6,000,00 f f $ 840000 $6,95000 9 8,95000 9950000 $ 900000 50. Open-cut and Repak aiding Pavement In Chisholm TMl Rood LF. 24 $ 9000 $ 2,16000 9 4000 $ 96000 3 16000 9 3.84000 $ 3000 $ 720,00 9 65050 9 15,60000 $ 33003 9 7,920,00 9 9200 9 2,20800 56. Open Mend RepairEasOng Pavement In Peachtree Cove, Including Removal one Dkpreal of Concrete Seaton and Recens9udlon or down, Cora and Gutter, Sidewalk and Tmnsdkn 10 EOeton Pavemea Seaton LS 1 9 9,500 00 $ 950000 $2,00300 9 250000 96,50000 $ 650000 9820000 9 820000 918,00000 518,00050 9925000 3 9,250.00 $600000 $ 6,00000 17. 510 Fence L.F. 1,360 9 140 $ 1,90400 $ 200 $ 2,72000 $ 250 $ 3,40000 $ 200 S 2,72000 $ 125 9 1,70000 $ 150 5 2,04000 $ 180 9 10. Rock Bann LF 20 $ 1200 $ 24000 9 1100 $ 22000 $ 1200 $ 24000 $ 2800 9 56000 $ 950 5 19000 $ 1100 9 22000 9 1500 2,44800 $ 30000 19. Stabilized ilized C Entrance EA 2 $ 82400 $ 1,69800 9 80000 $ 1,60000 912 0000 $ 2,40000 9 90000 $ 1000 ,0 9 700.00 $ 1,40000 $ 32000 9 1,500.00 9 70000 $ 1,40000 20. Restoration and Revepe5. 57 7,000 $ 11000 $ 7,70000 $ 060 $ 420000 3 0.30 $ 2,10000 9 050 $ 35000 $ 0.50 9 350000 $ 100 3 7,000.00 9 100 $ 7,000.00 21. Trench Safety L.5 1 $150000 $ 1,50000 $299,5000 51,0000 9 1,00059 $31301600 520000 $ 2,0000 9318,30600 1 315,00000 $11 $332, 11000 3 530000 9 5 9331,640.00 93$5000 3 3,95000 9341,994.00 $1,50000 $ 1,50000 $30,48000 TOTAL DRAINAGE IMPROVEMENTS DATE: June 9, 1997 SUBJECT: City Council Meeting, June 12, 1997 ITEM: 111. Consider a resolution authorizing the Mayor to execute a contract with Reddico Construction Co., Inc. for the Peachtree Valley Drainage Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Bids were received on June 3, 1997 for the Peachtree Valley Drainage Improvements project. Of the fourteen (14) bidders, Reddico Construction Co., Inc. submitted the low bid in the amount of $267,917.00. The Engineer has checked their experience and qualifications and along with staff recommends approval. 1 1 1 1 1 , 1 1 §3( S. D..' KALLMAN,, INC. Engineers and Environmental Consultants ,e. 47- o -i -ii± DATE: June 27, 1997 TO: Steve Sheets, City Attorney cc:file pchtrvly.627 INTEROFFICE MEMORANDUM CITY OF ROUND ROCK n ()A FROM: FROM: Al Wille, P.E., R.P.L.S. Asst. Director /Chief Engineer RE: Peachtree Valley Drainage Improvements Contract Documents Transmitted herewith are seven (7) conformed contract documents for the above referenced project which have been executed by the contractor. Please review the documents and following your review and approval transmit them to the City Secretary's office for execution by the Mayor. PUBLIC WORKS DEPARTMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PEACHTREE VALLEY DRAINAGE IMPROVEMENTS CITY OF ROUND ROCK, TEXAS 1997 CONTRACT DOCUMENTS AND SPECIFICATIONS City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Engineer: S. D. KALLMAN, INC. ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, Texas 78664 Phone: (512) 218 -4404 Fax: (512) 218 -1668 0 STEVEN D. KALL6IAN 40762 ¢- o tex: �� , � , � 4 4 �� 'FC /ST L Spec. Set I.D. No. SDK Job No. 343 -279 Phone: 512/218 -4404 S. D. KALLMAN, INC Engineers and Environmental Consultants May 23, 1997 ADDENDUM NO. 1 TO THE PLANS, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PEACHTREE VALLEY DRAINAGE IMPROVEMENTS CITY OF ROUND ROCK, TEXAS 1997 1. A spoils disposal site for the project has been located at the southeast comer of the "Texas 1031 Exchange Company Tract" near the downstream portion of the project as indicated on the attached sketch (a part of Sheet 3 of 9) of the construction plans. Installation and maintenance of appropriate erosion and sedimentation control (silt fence) shall be the contractor's responsibility and is considered subsidiary to the bid. All material placed in this area shall be clean, reasonably free of roots, trash, concrete or asphalt and shall not contain any rocks having a maximum dimension greater than six inches. No compaction of the material will be required. 2. Bid Time. Date and Place The Bid Letting shall remain as originally scheduled on Tuesday, June 3, 1997 at 2:00 p.m. at the City of Round Rock City Council Meeting Room. 3. Fax copies of Addendum No. 1 are being sent to all planholders this date (05- 23-97). 4. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 (FAXED) BY AFFIXING YOUR "SIGNATURE AND DATE" ON THE ATTACHED FORM AND RE -FAX TO S.D. KALLMAN, INC. - ENGINEERS AND ENVIRONMENTAL CONSULTANTS AT (512) 218 -1668. ; 4 s aw0 \0 . . . At dnnPNnh1M No 1 - Paaa 1 of 9 1106 S. Mays, Suite 100 Round Rock Texas 78664 0 a¢ .. p D. KALLMAN fit:;a04\4140762 7 Fax: 512/218 -1668 JUNCTION BOX STABILIZED CONSTRUCTION ENTRANCE P.P. 19 AREA INLET STABI CONSTR ENTRANCE TOP \\ 3y 460 L SILT F CE A S 10:i1 EXC,,GE kiP ANY r CONCRETE P �t NEL. P.P. IG \\\ „0 .10 0 ■ 0 0 0 4:1 18 p A T 61 SI.:E.3Di'„'1(:1:1N1 t 'SCALE: 1"=106 VON \ OF GASAINEL______ . APPROX. ONIO1' 1./ °OD PLAN LEGEND • DRAINAGE — EASEMEW EXIST. CC ■•■•75$•■• PROP. CC PROP. ST 0 GRATE IN •—•••ss— SILT FEN( DRAINAGE D 29 DRAINAGE • MN MN MIS OM MN MN NMI MI NE MI INIII OM RIO MI NM TABLE OF CONTENTS Section Description 1 TITLE SHEET 2 TABLE OF CONTENTS 3 ADVERTISEMENT SUMMARY 4 NOTICE TO BIDDERS 5 PROPOSAL AND BIDDING SHEETS 6 BIDDER'S STATEMENT OF QUALIFICATIONS 7 BID BOND 8 AGREEMENT 9 PERFORMANCE BOND 10 PAYMENT BOND 11 MAINTENANCE BOND 12 CERTIFICATE OF INSURANCE 13 ADDENDUM TO PUBLIC WORKS CONTRACT 14 GENERAL CONDITIONS OF THE AGREEMENT 15 SPECIAL CONDITIONS OF THE AGREEMENT 16 TECHNICAL SPECIFICATIONS 17 UNION PACIFIC RAILROAD LICENSE AGREEMENT OWNER: LOCATION: PROJECT TITLE: BID BOND: ADVERTISEMENT SUMMARY CITY OF ROUND ROCK, TEXAS Round Rock, (Williamson County), Texas PEACHTREE VALLEY DRAINAGE IMPROVEMENTS 5% of Bid PERFORMANCE BOND: 100% of Contract Amount PAYMENT BOND: 100% of Contract Amount MAINTENANCE BOND: 100% of Contract Amount for One (1) Year Period per City of Round Rock Ordinances PLANS AVAILABLE: S. D. KALLMAN, INC. ENGINEERS AND ENVIRONMENTAL CONSULTANTS 1106 South Mays, Suite 100 Round Rock, Texas 78664 Phone: (512) 218 -4404 Fax: (512) 218 -1668 PLAN DEPOSIT: $50.00, Non - Refundable BIDS DUE: Tuesday, June 3, 1997 at 2:00 p.m. City of Round Rock, Texas City Council Chambers 1st Floor of City Hall 221 East Main Street Round Rock, Texas 78664 Sealed bids addressed to the Purchasing Agent, City of Round Rock, Texas, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled "Peachtree Valley Drainage Improvements" (project includes construction of approximately 1,800 linear feet of 36" thru 54" RCP storm sewer with associated appurtenances) will be received until June 3, 1997 at 2:00 p.m., then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Peachtree Valley Drainage Improvements ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable 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, Specifications and Bidding documents may be secured from the office of S.D. KALLMAN, INC. — ENGINEERS AND ENVIRONMENTAL CONSULTANTS, 1106 South Mays, Suite 100, Round Rock, Texas 78664, Phone: (512) 218 -4404, beginning May 19, 1997 for the sum of Fifty Dollars ($50.00) per set, non - refundable, made payable to S.D. KALLMAN, INC. 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 S.D. KALLMAN, INC. for the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Publication Dates: Austin American Statesman: Round Rock Leader: May 18. 1997 May 25. 1997 NOTICE TO BIDDERS May 19. 1997 May 26. 1997 PROPOSAL TO CITY OF ROUND ROCK, TEXAS FOR THE CONSTRUCTION OF ,PEACHTREE VALLEY DRAINAGE IMPROVEMENTS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is named without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, conditions and classes of materials of the proposed work; agrees that he will provide all the necessary supervision, labor, machinery, equipment, tools, apparatus, and other items incidental to construction; will do all the work and furnish all the materials called for in the Contract Documents, Plans and Specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (7) calendar days after written Notice to Proceed has been given. Page 1 of 7 • ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the following bid items are the only items of payment under this contract and his bid price under these items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the Plans, Specifications, and the Contract Documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location of the proposed work, the Plan Drawings, Specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME AND LIQUIDATED DAMAGES If awarded the Contract, the undersigned agrees to complete all work in ninety (90) calendar days following date of "Notice to Proceed ". Liquidated damages shall be established at $100.00 per calendar day. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities or technicalities in any proposal in the interest �f the Owner, except as specifically limited by the term of the Contract Documents or applicable laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda: Addendum No. Dated .5/x3/97 Page 2 of 7 PROPOSAL BIDDING SHEETS JOB NAME: Peachtree Valley Drainage Improvements JOB LOCATION: Round Rock (Williamson County), Texas OWNER: City of Round Rock, Texas Gentlemen: The undersigned Bidder hereby proposes to do all the work, to fumish all necessary supervision, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work bid as provided by the attached supplemental Specifications, and as shown on the Plans for the construction of the Peachtree Valley Drainage Improvements, complete in place and operational, and binds himself by acceptance of this proposal to execute a contract and bonds for completing said project within the time Stated for the following prices, to wit: Bid Item Quantity Unit DRAINAGE IMPROVEMENTS Item Description & Written Unit Unit Price Amount r ice 110 L.F. 36" RCP, Class III complete in- place, per linear foot,, for E I '- dvee Dollars and 40 no 9 /30. °-° Cents $ 83- - $ i 2. 144 L.F. 42" RCP, Class III, complete in- place, per lin foot, f DH t H r 2 rd 74. , ±«k Dollars ' /I and AJo Cents 3. 71 L.F. 42" RCP, Class V, complete in- place, per linear foot, //// for I!/Jfe f/u�✓� Dollars , II and NO Cents $ / /S. $ 8,/65-• av 4. 1,055 L.F. 48" RCP, Class III, complete in- place, per linear foot, / for ©rt L Y7ku -44e- Dollars and Cents AL Page 3 of 7 $ //3. $ /Go. e" $ /1o 7. f $ /OS, SOO. ° - Bid Item Quantity U 8. 9. 11. EA. DRAINAGE IMPROVEMENTS item Description & Written Unit Pce 5. 403 LF. 54" RCP, Class III, complete in- place, per linear foot, ff for AAIP uka//S 744/ sZ,390 Dollars and Alo 00 Cents $ /3 $ 6. 425 L.F. Flat Bottom Channel 3t Including Concrete Pilot Section, complete in- place, per linear foot, for J Dollars and /Jo Cents 7. 6 EA. Area Inlet, complete in- place, per each, for /14401.4/ �w /h u ✓ � Dollars and /Vo Cents Combination Inlet and Junction Box, complete in-place, per each, for /4o✓4/ i ) 4 Iwtdr c/ / Dollars and 0 Cents EA. Standard Junction Box, complete in- place, er each, / for /� it c - 4 - / ou✓ Ai.-C //«1 Dollars and A/O Cents 10. 2 EA. Standard Curb Inlet, complete in- place per each for /N 'd1 / ie Yiuxc' /rr Dollars and /vo Cents EA. CH -11B Headwall for 54" Pipe, complete in-place, per each, for /litilu 49.4 Dollars and Jv o Cents Page 4 of 7 Unit Price mo un t $ o . $ 4 -550. 00 $ 2 4/00 $ /I/ Woo. $ f/ 1 9,9,6 $ 4? boo. `° m $ 34400.- $ ,2300. $ 4 1, (0oo.g $ .? 800. Cc Z 8o0. 6' Item Description d Written Unit Price 12. 2 EA. Remove and Dispose of Existing Concrete Swale, Including Reconstruction of Fences and Revegetation with San Augustine Sod and 3" Sandy Loam Topsoil complete _in place, per each, / for 7. Y Ou..s4 Dollars Bid item Quantity Unit DRAINAGE IMPROVEMENTS and Cents /Vo 13. 670 L.F. Concrete Pilot Channel, complete in- place, per linear foot, for /wci_Ly Dollars / and / �/o Cents 14. 1 L.S. Re -grade Existing Detention Area, including Hydromulch of Disturbed Areas, complete in place, per lump sum, / for /G- 7iOU.5au0" Dollars ,' // and /�/o Cents 15. 24 L.F. Open -cut and Repair Existing Pavement in Chisholm Trail Road, complete in-piace, per linear foot, for Eft A Dollars and o Cents 16. 1 L.S. Open Cut and Repair Existing Pavement in Peachtree Cove, Including Removal and Disposal of Concrete Section and Reconstruction of Crown, Curb and Gutter, Sidewalk and Transition to Existing Pavement Section, complete in-place, per luu sum, for /u/e/dL //rl Du:54 Dollars Cents $ /2o°a e' $ /Z, 000- - Page 5 of 7 Unit Price Amount $ 3000.x ° $ 000. $ 20 G° $ /3 "l is" $ 2 0.0.- 40 $ 2 000 - $ 8a `-° $ 4 rza. °o • : : Bid Item 17. ii Quantity Unit DRAINAGE IMPROVEMENTS Item Description 8, Written Unit Price 1,360 L.F. Silt Fence, complete in- place, per linear foot, for /wO Dollars and A/O Cents 18. 20 L.F. Rock Berm, complete in- place, per linear foot, for four -/eer Dollars and /1Vo Cents 19. 2 EA. Stabilized Construction Entrance, complete in- place, per each, for /6 en /7/u r44 Dollars and /l�O 00, 0 Cents $ /, -5 $ 20. 7,000 S.Y. Restoration and Revegetaton, complete in- place, per square yard, for A./o Dollars and i/� %C Cents 21. 1 L.S. Trench Safety, complete in- place, per lump sum, // for J �L iuctm4' c Dollars � / and 7V Cents Materials All Other Charges * *Note: Page 6 of 7 * *TOTAL Unit Price mount $ , 2 ! $ A720. P 000.G $ 690°' 6 fa.fr * *TOTAL -- DRAINAGE IMPROVEMENTS (Items 1 through 21 above) $ Z' 7 9 i 7 $ 124,135. $ /e/l 78 /. @o $ ,2‘7, 9/7 These two figures will be equal. NOTES: The bid items above shall be all inclusive and the Total Base Bid shall represent the total amount necessary to furnish and construct the project as detailed in the Contract Documents. The amount written in words has precedence over the numerical figure. Bid award shall be based on lowest Total Base Bid by a responsive, responsible bidder. The apparent low bidder shall have the lowest Total Base Bid. The Owner may then award Contract, if possible, to the low bidder found to be responsive, responsible and meeting the Owners financial and service commitment constraints. Upon Contract award, the Owner reserves the right to delete any one, combination of one or more, or all of the bid items above in order to match Owner's budget constraints. The Owner also reserves the right to reject any or all bid proposals, to accept the lowest responsive, responsible bidder's proposal, and to waive any informality in any proposal. SUBMISSION OF THE PROPOSAL City In accordance with the Contract Documents, the preceding Proposal is hereby respectfully submitted by: REDDICO CONSTRUCTION CO., INC. Name of Contractor Employer Federal I.D. Number County Page 7 of 7 Date Vice A- €5i4414_4 Executed By: Title or Position 2505 S. HIGHWAY 183 LEANDER, TEXAS 78641 540-251- S594 Business Address Telephone Number State Zip Code STATEMENT OF BIDDER'S QUALIFICATIONS MAY 1997 REDDICO CONSTRUCTION CO., INC. 2505 S. HIGHWAY 183 LEANDER, TEXAS 78641 512- 259 -5595 Corporate headquarters address and telephone number: 10083 FM 1484 Conroe, Texas 77303 -4313 409 -539 -6500 Incorporated in the State of Texas in May 1978. 1. Contracts on hand: See attached listing 2. General character of work performed by your company: Installation of underground utilities, consisting of water, sanitary sewer, storm drainage, lift stations, water and 'wastewater plant improvements and street paving. 3. Have you ever failed to complete work awarded to you? NO 4. Have you ever defaulted on a contract? NO 5. List the more important projects recently completed . See attached listing 6. See attached list for major equipment available. 7. Background and experience of the principal members of our organization, including officers: Stephen C Redd President and sole shareholder of Reddico Construction Co., Inc. He founded the company in 1978 and has over 25 years of underground utility construction experience. Michael E. Gruy Vice - President. He has been with Reddico for 4 years and brings 28 years of experience to the company. He spent 12 years with Hassell Construction, Inc. and 10 years with Stevens Construction, both engaged in underground and paving construction. H.H. Dickehut, HI Vice - President. He has been with Reddico for four years and has a total of 17 years construction experience. Prior experience was with Dickehut Construction Co., Inc. Charlie Carlisle Project Manager. Has been with Reddico for four years and has over 20 years of construction experience primarily in electrical and instrument installation and water and wastewater facilities. Steve Holland General Superintendent. Has been with Reddico for two years, but brings over 30 years of underground utility construction experience. Was previously a principal of Steed- Holland Construction. Johnny Murrell Superintendent. Has been with Reddico for 13 years and has a total of 31 years experience in underground utility construction. Jerry Morgan Superintendent. Has been with Reddico for 13 years and has a total of 32 years of experience in underground utility construction. Wayne Harris Superintendent. Has been with Reddico for 13 years and has a total of 31 years of experience in underground utility construction. 8. Credit available: $1.5 Million 9. Bank References: National Bank of Conroe P.O. Box 2868 Conroe, Texas 77305 Jim Matthews - Executive Vice - President 409 - 760 -4260 First Bank of Conroe P.O. Box 1280 Conroe, Texas 77305 409 - 760 -1888 10. Upon request, we will provide a detailed financial statement and furnish any other pertinent information that may be required. 11. The undersigned hereby authorizes and requests any person, firms, or corporations to furnish any information that may be requested by the Owner in verification of the recitals comprising this Statement of Contractor's Qualifications. Dated this 29th day of May, 1997. Reddico Construction Co., Inc. Waediei By: H.H. Dickehut, III Title: Vice - President State of Texas County of Williamson H.H. Dickehut, III, being duly sworn deposes and says that he is the Vice - President, of Reddico Construction Co., Inc. and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and Sworn to before me this 29th day of May 1997. Atuatc a4.444_, Public, State of Texas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OT IANTITY CONSTRUCTION EQUIPMENT OWNED REDDICO CONSTRUCTION CO., INC. DESCRIPTION MODF,T, YEAR 2 Kobelco SK 300 Hydraulic Excavators 1993 1 Koehring Bantam 266 -C, Hydraulic Excavator 1977 2 Caterpillar 225 Hydraulic Excavators 1986 1 Kobelco SK 400 Hydraulic Excavator 1992 3 Komatsu PC - 300 Hydraulic Excavators 1992 1 Akerman H -16 Hydraulic Excavator 1987 1 American 185 Hydraulic Excavator 1985 1 Komatsu PC -220 Hydraulic Excavator 1990 1 Komatsu PC -200 Hydraulic Excavator 1990 1 Komatsu PC-400 Hydraulic Excavator 1989 1 Caterpillar 215 Hydraulic Excavator 1984 1 Kobelco SK07 Hydraulic Excavator 1993 I Kobelco SK04 Hydraulic Excavator 1993 2 Case 580 -E Loader Backhoes 1987 1 Caterpillar 416 Loader Backhoe 1992 3 Case 580 -K Loader Backhoe 1992 1 Case 580 -L Loader Backhoe 1995 1 Caterpillar 936 Wheel Loader 1987 1 Komatsu WA- 250 -1 Wheel Loader 1993 2 Komatsu WA -320 Wheel Loader 1993 2 Caterpillar 950 -B Wheel Loaders 1987 1 Caterpillar 926 -E Wheel Loader 1994 1 Caterpillar 936 -E Wheel Loader 1992 1 John Deere 544 -E Wheel Loader 1992 1 Komatsu WA- 350 -A Wheel Loader 1989 1 Caterpillar 950 -E Wheel Loader 1990 2 Caterpillar D6 -D Crawler Tractors 1986 1 Komatsu D31E -18 Crawler Tractor 1993 2 Komatsu D68 -E Crawler Tractors 1993 3 Komatsu D31E Crawler Tractors 1993 1 International TD -8 Crawler Tractor 1994 1 Caterpillar 977L Crawler Loader 1985 1 Trencor 1060 Trencher 1996 1 Komatsu D66S Crawler Loader 1985 4 International Dump Trucks 1984 1 Ford Dump Truck 1977 1 Kobelco PC -200 1995 1 Broce Broom RJ300 1 Hydraulic Rough Terrain Crane RT528 1 Hydraulic Rough Terrain Crane RT740B NM N — IM — — — — — — MINIM MINIMM I MI I = REDDICO CONSTRUCTION CO., INC. NAME OF imatqcT COMPLETED Congress Avenue Water/Wastewater Oyster Creek Plantation Sun City Water Approach Main Homestead Rd. Relief Sewer Meadows of Brushy Creek Oak Knoll Relief Sewer Pecan Grove Slope Paving Lexington Blvd. WSD Kingsgate Forest Section 1 Fredericksburg Water Line /Pump Sta. Anderson Mill West Section 18 Meadowvlew, Section 1 Kingwood Glen Section 3 Stella Unk Relief Sewer Creek Bend Estates, Section 1 Harbour Park Section 7 North Star Estates, Tomball Ranch @ Cypress Creek WSD Wortharn Park Section 3 WSD Sun City Uft Station Stafford Colony, Section 1 WSD SunChase Blvd. WSD Cracker Barrel Restaurant, Conroe Steeplechase Force Main & L.S. Champion Centre, Section 2 WSD Crystal Lake Section 1 Rittenhouse Village WSD Lost Creek Park Meadows of Brushy Creek Phase 6 Lakes of Parkway Sibelius, Frostwood, and Perthshire Mirage /Pinnacle @ Champions NAME OF OWNER City of Austin Trend Development City of Georgetown Greater Houston Wastewater Hy —Land Joint Venture Greater Houston Wastewater Pecan Grove MUD Sugarland Properties McCord Development City of Fredericksburg Milburn Investments New Southwyck Development Pulte Home Corporation Greater Houston Wastewater Pulte Home Corporation South Shore Harbour, Ltd. North Star Estates, Ltd. Pulte Homes Monteith — Tresch Development Del Webb Corp Stafford Development Co. Pulte Homes Cracker Barrel Restaurants HCMUD 168 /Harry Reed Chayn Mouse 2621 Joanel, Ltd. City of Houston City of Sugarland Hy —Land Joint Venture Hams County MUD No.,355 Greater Houston Wastewater Chayn Mousa Recently Completed Projects CONTRACT NAME OF ENGINEER AMOUNT City of Austin Saliger Engineering Turner Collie & Braden Lin Engineering Gray Engineering Dannenbaum Engineers Jones & Carter Costello, Inc. Jones & Carter Darrell Primeaux Turner Collie & Braden Jones & Carter Brown & Gay C/e Consultants Rust Lichlher /Jameson Rust Uchliter /Jameson Lentz Engineering Randall Jones Rust Lichltter /Jameson Turner Collie & Braden Brown & Gay Randall Jones Technographlcs Rust Uchllter /Jameson Provident Engineering Ferro — Saylors ESPA Corp Clark Condon Assoc. Gray Jansing & Assoc. Brown & Gay Putney, Moffitt, Easley Provident Engineering $2,445,496 $1,469,581 $1,352,513 $1,341,160 $1,135,406 $964,697 $940,805 $939,539 $909,781 $870,090 $783,729 $753,470 $752,215 $710,905 $608,889 $586,863 $530,271 $518,502 $472,093 $424,239 $335,030 $309,009 $239,055 $207,500 $163,404 $483,629 $384,731 $335,262 $295,728 $288,206 $227,055 $193,477 • I= M IIM II IMMMI= • = NM In MI REDDICO CONSTRUCTION CO., INC. NAME OF PROJECT IN PROGRESS Galleria Area Relief Sewer Bretshire No. 2 Lift Station Gulfton Relief Sewer /Lift Station Scott No. 2 Lift Station Cypress Creek Water Line National Instruments WSD /Det. Pond Gidding WWTP Milwood Section 37 WSDP Upper Leon River WWTP Southpoint LS & Force Main Oakley Sanitary Sewer Andover Village Section 1 Fort Bend County MUD #1 WWTP Kings Lake Estates Ford Mercury of Conroe NAME OF OWNER Greater Houston Wastewater Greater Houston Wastewater Greater Houston Wastewater Greater Houston Wastewater City of Cedar Park National Instruments City of Giddings Milburn Homes Upper Leon River MUD Greater Houston Wastewater New Caney MUD Friendswood Development Fort Bend County MUD #1 Perry Homes Gullo Cars, LLC NAME OF ENGINEER Lockwood Andrews Newnam Dannanbaum Engineer Alexander Engineering Consoer Townsend Turner Collie & Braden Turner Collie & Braden O'Malley Engineers Longaro & Clarke RMT /Jones & Neuse Binkley & Barfield Stiver Engineering Carter 7 Burgess Brown & Gay Brown & Gay LJA CONTRACT AMOUNT $1,232,875 $1,158,774 $1,125,969 $558,040 $1,478,890 $635,625 $1,583,318 $354,328 $983,053 $984,929 $986,654 $502,206 $575,765 $674,157 $628,975 $13,463,558 Fidelity and Guaranty Insurance Underwriters, Inc. Baltimore, Maryland A Stock Company Bid Bond Know All Men By These Presents That ... REDAI.Ca.CONSTRUCTION C.OMPANY,.INC ....2505. S..HIGHNAY..l83 of ....LEANDER, .TX ..7864) , as Principal, and the other undersigned, as Surety, are held and firmly bound unto ...CITY.OF. ROM .ROCK, .TX as Obligee, in the full and just sum of ..FIVE, PERCE IT OF THE GREATEST AMOUNT BID ** (S$.G,.A p•) 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, finely by these presents. Whereas, the said Principal is herewith submitting its proposal Contract 500 (8-94) PEACHTREE VALLEY DRAINAGE IMPROVEMENTS The Condition Of This Obligation is such that if the aforsaid 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 terns 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 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. Signed, sealed and delivered ..04 -03.97 (Date) . a.Y:.'" 1 MARIA D. DAGEN, WITNESS Bond Number N/A rlgICO�ONS 1ON COh�tNYjINC. (Seal) .BY: .J(� ' (Sean Fidelity and Guaranty Insurance Underwriters, Inc. (a Wisconsin Corporation) it .4 "3 - *M.1 .n gy) KATHLEEN M. MEEKS Attomey-in-fact 1 / 1 1 1 1 1 1 1 1 1 .. 1 1 1 1 1 1 1 1 • Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorne Na. 545 Knorr all men by these presents: That fidelity and Guaranty Insurance Uoderwniun, lac., a corporation organized and existing under the laws of the State of WlsCatarn and having its principal office at the Clry of Baltimore in the State of Maryland, does hereby constitute and appoint Brace C. DeHart, Edward L. Moore, Rosalyn D. Hassell, David R. Groppell and Kathleen M. Meeks of the City of Humble , State of Texas is true and lawful AttomeylsFin -Fact each in then separate capacity if if more than one is named above. m sign its name as surety to. and to execute, seal and acknowledge any and all bonds. undertakings, contracts and other written Instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions Of proceedings allowed by law. In Witness Whereof. the said Fidelity and Guaranty bootlace Underwriters. Inc. has caused des insuument to be sealed with its corporate seal. duly attested bythesignaturesofitsVice PresidentandAssistantSeaetary.this 28th dayof March . AD. 1997. Fidelity and Ga�mmy�I kinds (Signed) By (' / x C'! / • Vice President FS 81112!981 Undarwri f pm (Signed) By State of Maryland I 89. Baltimore City 1 r10 A i �p On this 28th day of March A.D. 199 fore me personally all4ary'A. Wilson. Vie President of Fidelity and Guaranty Insurance dens, Int. and Thomas E. Huihregtse. Assistant Sea IYa d Company, with th I am personally rated, who being by me severally duly sworn, said, that they. the said Gary A Wilson and Thomas E. H ' e respective ly 'dent and the hsg ah Secretary of the said Fidelity and Guaranty Insurance Underwriters, Ina. the corporation which exte,1 ?d'jagdr'ng Power of Atte )(they each knew the seal of said commatiom that the seal affixed to said Power of Attorney was suck seal. Mat h wa ty order of the Board of said corporation. and that they signed their names thereto by like order as Vice Presiders and AslbsPrit Cote ` My Commission expires the 1st day of t AD. 19999Qw`� �� • `.: ISignsdL� BY. int40. '"7�lQ lk. r�. .sate � lJ1 , 4 Nta rypbbl(c This Power of Aterey is granted order aI . nionty of the following Resolutions adapted by Me Board of Biracial of Me fidelity and Guaranty Insurance Unde waiters. Mc. September 24.1992: M Reached. that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings. cmmacts and other instruments relating to said business maybe signed, executed, and acklwwledged by persons or entitles appointed as AncrnmI$in -Fact plasuam to a Power of Attorney issued in aaadance with these resolutions. Said Poweds) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, eider by the Chaiman, or the President or an Executive Vice President. or a Senior Vice President or a Vice President a an Assistant Vice President jointly with to Secretary or an Assistant Secretary. under their resperuve designations. The signature o1 such officers may be engraved, printed er BdngraphW.The signature of each of the laegoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or b any certificate resting thereto appointing AtuxneylsFin -Fad for Purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitadom set forth therein. any such Power of Attorney or cerefcate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so exoated end certified by such facsimile signature and facsimile seal shall be valid and bang upon the Company with respect to any bad or undertaking to which It is wlidly attaded. Resolved. That AttorteyfsMn•Fact shall have the power and authority and, many case, subject to the terms and limitations of the Paves of Attorney issued to them, to execute and deliver on behalf of the Company and te attach the seal of the Company 10 any and all bonds and undertakings, and other writings obligatory in the nature thereof. and any such instrument executed by such Atemeylslin Fact shall be as binding igon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of Me Company I. Thomas E. Huibregtse, an Assistant Secretary of to Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24.1992 and that these Resolutions are in full face end effect. 1, the undersigned Assistant Secretary of the fidelity and Guaranty Insurance Uadeswlriters, Inc. do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked M Testimay Whereof, I have hereunto set my hand and the seal of the Fidelity and Guaranty Insurance Underwriters. Inc. on this 3111) dayof JUNE ,19 97 Asdistant Secretary 75339 U S F +G' THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this i - day of A.D., 1997, by and between (Owner) City of Round Rock, Texas of t Stat of Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and (Contractor) Reddico Construction Company, Inc. of Leander, Texas, County of Williamson, and State of Texas, party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Peachtree Valley Drainage Improvements Round Rock, Texas Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by S. D. KALLMAN, INC. "" ENGINEERS AND ENVIRONMENTAL CONSULTANTS, 1106 South Mays, Suite 100, Round Rock, Texas 78664, (512) 218 -4404, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within seven (7) calendar days after the date written notice to do so have been given to him, and to complete the same within ninety (90) calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. Page 1 of 2 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK, TEXAS REDDICO CONSTRUCTION COMPANY, INC. Party of the First Part (OWNER) BY: ATTEST: ATTEST: z, Charles Culpepper Mayor BY: (The following to be executed if the Contractor is a Corporation.) I, CA +20 i. I N , certify that I am the Secretary of the Corporation named as Contractor herein; that /4 -.14. lDtckehu. i.L , who signed this Contract on behalf of the Contractor was then U;CE Pie-f.) Mar (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Signed: i l gtk --1 Page 2 of 2 Party of the Second Part (CONTRACTOR) w /61/11476-, ATTEST: I M P O R T A N T N O T I C E TO OBTAIN INFORMATION OR MAKE A COMPLAINT; YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; COVERAGES, RIGHTS OR COMPLAINTS AT: 1- 800 - 252 -3439 YOU MAY 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 AGENT OR COMPANY FIRST. IF THE CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY THIS N PART OR CONDITION OF THE ATTACHED DOCUMENT. A 1 1 STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL MEN BY THESE PRESENTS, THAT REDDICO CONSTRUCTION COMPANY, INC. of the City of LEANDER Principal, and FIDELITY AND GUARANTY INSURANCE UNDERWRITERSauthorized under the laws of the INC. State of Texas to act as surety on bonds for principals, are held and firmly bound unto the TWO HUNDRED SIXTY -SEVEN THOUSAND NINE CITY OF ROUND ROCK (OWNER), for the penal sum of HUNDRED SEVENTEEN DOLLARS AND NO /100 ** ' Dollars ($ 267,917.00 ** ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and ' severally, by these presents: 1 WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 1 D d ay of 19 97 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. 1 1 PERFORMANCE BOND PEACHTREE VALLEY DRAINAGE IMPROVEMENTS, ROUND ROCK, TX PB -1 BOND NO. 72- 0125 - 23717 -97 -3 , County of WILLIAMSON , and State of Texas, as NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of the said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1 - day of , 1997 FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. Surety Principal KATHLEEN M. MEEKS ATTORNEY -IN -FACT Title 7330 SAN PEDRO, 11800 Address SAN ANTONIO, TX 78216 210 -377 -1 BRUCE . DEHART ATTORNEY -IN -FACT REDDICO CONSTRUCTION COMPANY, INC. By Title 2505 S. HWY 183 Address LEANDER, TX 78641 512- 259 -5595 PB -2 The name and address of the Resident Agency of Surety is: ELSEY & ASSOCIATES SURETY /INSURANCE 8820 WILL CLAYTON PARKWAY, SUITE F HUMBLE, TX 77338 PB -3 STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND § § BOND 90. 72- 0125 - 23717 -97 -3 KNOW ALL MEN BY THESE PRESENTS, THAT REDDICO CONSTRUCTION COMPANY, INC.of the City of LEANDER , County of WILLIAMSON , and State of Texas, as Principal, and FIDELITY AND GUARANTY INSURANCE UNDERWRITERS authorized under the laws of the INC. State of Texas to act as surety on bonds for principals, are held and firmly bound unto the 1140 HUNDRED SIXTY -SEVEN THOUSAND NINE CITY OF ROUND ROCK (OWNER), for the penal sum of HUNDRED SEVENTEEN DOLLARS AND NO /100 ** Dollars ($ 257 ,917.00 ** ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the `� day of 19 97 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. PEACHTREE VALLEY DRAINAGE IMPROVEMENTS, ROUND ROCK, TEXAS PB -1 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of the said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the s id Principal and Surety have signed and sealed this instrument this I f/ day of , 19 97 . Title KATHLEEN M. MEEKS ATTORNEY -IN -FACT 710 -477 -1740 4. B'UCE C. DEHART ATTORNEY -IN -FACT FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. REDDICO CONSTRUCTION COMPANY, INC. Surety Principal ) (//a e /r ie 1 /— By Title 7330 SAN PEDRO, #800 2505 S. HWY 183 Address Address $AN ANTONIO, TX 78216 LEANDER, TX 78641 512 - 259 -5595 k ?re.s ?chL PB -2 The name and address of the Resident Agency of Surety is: ELSEY & ASSOCIATES SURFTY /INSNRANCF 8820 WILL CLAYTON PARKWAY, SUITE F HUMBLE, TX 77338 PB -3 1� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 545 Know all men by these presents That Fidelity and Guaranty Insurance Underwriter, Inc„ a corporation organized and existing under the laws of the State of Wisconsn and hating its principal office at the City of Baltimore, m the State of Maryland. does hereby constitute and appoint BruCe C. DeHart, Edward L. Moore, Rosalyn D. Hassell, David R. Groppell and Kathleen M. Meeks of the City of Humble . State of Texas as we and lawful Attorneyfsl- n.Fact, each In their separate capacity if more than one is named above, to sign ns name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments In the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts. and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof. the said Fidelity and Guaranty Insurance Underwriter, Inc. has caused this instrument to be sealed with Its corporate seal. duly attested by the signatures of its thee President and Assistant Secretary, this 28th day of March . A D 1997. Fidelity and Guaranty 9 Insurance Underwr (Signed) By • Vice President (Signed) By istant Secretary State of Maryland I 4� SS. C� Baltimore City 1 ` 115 On this 28th day of March , A D. 19 97 bef�me came1 ilson, Vice President of Fidelity and Guaranty Insurance Underwriters, Inc. and Thomas E Huibregtse. Assistant Secregryr�erlSaid Company, with bgtMolran I am personallyatainted who being by me severally duty sworn, said, that they. the said Gary A Wilson and Thomas E Mg' ssdvere respectwel t tir �a President and the Ass:F{aM Secretary of the sad Fidelity and Guaranty Insurance Undenvritara, Inc„ the corporation desco to d which executed ffojegoing Power of AttameV�{b each knew the seal of said corporation, that the seal affixed to said Power of Attorney was sucU°rttoy ate seal. that itwas,ay Slfikedby order of the BoardA esters of said corporation, and that they signed their names thereto by like order as Vice President and Assiktant Secretary, respectkelOTthe Company ,..) My Commission emires the 1st day of f t g i 1 T 00 t A 0 . 1 9 9 , J1, ISIgn c 4 .t:n 1 i i ( VV7 , Notary pahl(c sf ) This Power of Anomey is granted under andtlfy'�u9ioriry of die followng Resolutions adopted by the Board of Directors of the Fidelity and Guaranty Insurance Undarwritars, Inc. September 24,1992* '°d Resolved, that to connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contracts and other instruments relating to said business may be signed executed. and acknowledged by persons or ent t es appointed as Attomeylslri-Fact pursuant to a Power of Attorney issued in accordance with these resolutions Said Power's) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Exeabve Vice President or a Serum Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations The signature of such officers may be engraved, printed or lithographed The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so mated and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which n is validly attached Resolved. That Attomey(s) tin -Fact shall have the power and authority and, in any case, subject to the terns and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomeygs).in Fact shall be as binding upon the Company as If signed by an Execuuvn Officer and sealed and attested to by the Secretary of the Company. I, Thomas E Huibregtse, an Assistant Secretary of the Fidelity and Guaranty Insurance Undanvmera, Inc„ do hereby ceraty that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24.1992 and that these Resolutions are in full force and effect. I, the undersigned Assistant Secretary of the Fidelity and Guaranty Insurance Underwntem. Inc. do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked In Testimony Whereof, I have hereunto set my hand and the seal of the Fidelity end Guaranty Insurance Underwriters, Inc. on this day of .19 97 FB 8111 2/9 61 Asdistant Secretary 75396 U S F +G' !CERTIFICATE OF INSURANCE PRODUCER Elsey & Associates Surety /Insurance Agency, Inc. 8820 Will Clayton Pkwy. Humble, TX 77338 PHONF281 -540 -1555 INSURED Reddico Construction Co., Inc. 10083 FM 1484 Conroe, TX 77303 -4313 > COVERAGES < THIS IS TO CERTIFY THAT 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 TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR A A A A A B GENERAL LIABILITY Ki COMMERCIAL GEN LIABILITY [ ] [ ] CLAIMS MADE [X OCC. TYPE OF INSURANCE OWNER'S & CONTRACTORS PROTECTIVE X] Agg per Project XCU Included. AUTOMOBILE LIAB X1 ANY AUTO [ ] ALL OWNED AUTOS [ 1 SCHEDULED AUTOS X) HIRED AUTOS jC1 NON -OWNED AUTOS [ ] GARAGE LIABILITY [ EXCESS LIABILITY DC] UMBRELLA FORM [ 1 OTHER THAN UMBRELLA FORM WORKERS' COMP AND EMPLOYERS' LIAB OTHER Equipment /Builders Risk- ReportingForm > CERTIFICATE HOLDER < City of Round Rock, Texas 221 East Main Street Round Rock, TX 78664 ACORD 25 -S (3/88) POLICY NUMBER CMP205042J CMP205300 CAU133542J CMB129442J CWC378942J CWC378942J 96A7367 -01 96A7367 -01 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 National American Insurance COMPANY LETTER B Navigators Insurance Company COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E OPL Included Contractual Inc COMPANIES AFFORDING COVERAGE POLICY EFF DATE 10/01/96 06/19/97 10/01/96 - AUTHORIZED REPRESENTATIVE AMENOE! POLICY EXP DATE 10/01/96 10/01/97 10/01/96 10/01/97 10/01/96 10/01/97 10/01/96 10/01/97 10/01/96 10/01/97 GENERAL AGGREGATE 10/01/97 PRODS- COMP /OPS AGG. PERS. & ADVG. INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) CSL BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT) PROPERTY STATUTORY 1000 1000 1000 a L c 06/20/97 ALL LIMITS IN THOUSANDS 2000 2000 1000 1000 50 5 1000 1 EACH OCC 1 AGGREGATE 1 2000 1 2000 EACH ACC DISEASE - POLICY LIMIT DISEASE -EACH EMPLOYEE Owned & Leased 4000 Limit /Exc Flood DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS Project: Peachtree Valley Drainage Improvements, City of Round Rock is Addl Insured on GL & Auto Named Insured on OCP - City of Round Rock. Waiver of Subrogation in favor of City of Round Rock is endorsed to WC, GL and Auto. CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- = PIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER N D TO LEFT, MN '■CERTIFICATE OF INSURANCE PRODUCER Elsey & Associates Surety /Insurance Agency, Inc. 8820 Will Clayton Pkwy. Humble, TX 77338 PHONE281- 540 -1555 INSURED Union Pacific Railroad Co. Folder No. 925 -97 1416 Dodge Sreet, Room 1100 Omaha, NE 68179 -1100 COMPANY LETTER E > COVERAGES <•-.. .......... .................... .......... ..•.................... ............................. ........... ..... THIS IS TO CERTIFY THAT 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 TERNS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR A TYPE OF INSURANCE GENERAL LIABILITY [ 1 COMMERCIAL GEN LIABILITY ( 1 1 1 CLAIMS MADE [ 1 OCC. ( 1 OWNER'S & CONTRACTORS PROTECTIVE D{] Railroad [ 1 Protective AUTOMOBILE LIAB [ ] ANY AUTO [ 1 ALL OWNED AUTOS [ 1 SCHEDULED AUTOS [ 1 HIRED AUTOS ( 1 NON -OWNED AUTOS ( 1 GARAGE LIABILITY [ 1 EXCESS LIABILITY [ 1 UMBRELLA FORM ( 1 OTHER THAN UMBRELLA FORM WORKERS' COMP AND EMPLOYERS' LIAB OTHER > CERTIFICATE HOLDER < City of Round Rock, Texas 221 East Main St. Round Rock, TX 78664 IACORD 25 -S (3/88) POLICY NUMBER RPL101042J AMENDED 07/01/97 • 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. COMPANIES AFFORDING COVERAGE COMPANY LECLSR A National American Insurance COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D POLICY EFF DATE 06/19/97 - AUTHORIZED REPRESENTATIVE POLICY EXP DATE 10/01/97 ALL LIMITS IN THOUSANDS GENERAL AGGREGATE PRODS- COMP /OPS AGG. PERS. & ADVG. INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) CSL BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT] PROPERTY STATUTORY ) 6000 2000 1 EACH OCC 1 AGGREGATE I I I I EACH ACC DISEASE - POLICY LIMIT DISEASE -EACH EMPLOYEE DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS Re: Peachtree Valley Drainage Improvements, Mile Post 1.65, Georgetown Branch, Williamson Cty, Texas City of Round Rock, Texas is an additional insured Contractor, Reddico Construction Co., Inc. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- . PIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, % TYP&OF » "; ; •.:, , :, • ' - . ' 'fl SURANCE .- . , MN.1CY. NUMBER EFPECTIVe DATE ' UATE 001.1A Ty ' , X WORKER'S COMPENSATION EMPLOYER'S LIABILITY X STATUTORY LIMITS EACH ACCIDENT S 500,00800 DISEASE - POLICY LIMB S 500,00000 DISEASE -EACH EMPLOYEE S 500 GE NERAL f1A1NFtFY " . -' >i• •" GENERAL AGGREGATE $ 1000,00000 X ■ X COMMERCIAL GENERALLIA&LITY PRODUCTS-COMP/OP AGO 5 500,00000 CLAIMS MADE X OCCUR PERSONAL A ADV INJURY S 50000000 OWNERS a CONTRACTOR'S PROTECTIVE EACH OCCURRENCE 5 500000 00 FIRE DAMAGE (Amy one Are) 6 100,00000 5 5,00000 MED. EXPENSE (Any Fawn) AUTOM080.P . .. COMBINED SINGLE LIMIT $ 00000000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per Pawn) ` S 250,00000 SCHEDULED AUTOS X HIRED AUTOS AIL 1) 5 500,00000 X NON-OWNED AUTOS GARAGE LNBRITY PROPERTY DAMAGE 5 100,00000 I ,! rat X UMBRELLA FORM NOTE IFGENFRAL THAN SHOW 51,000,00000 LIABILITY AGGREGATE ISLES3 51003,000 00, COMPANY MUST UMBRELLA COVERAGE OF /' - IMW wi iiA: MN S' '�c . EACH OCCURRENCE ■i OTHER THAN UMBRELLA FORM t �µ�!�(�Y ,yam. - Vria1.lFICAlViiOW)wR ' t • � ' .. ' / - AGGREGATE -.. - a i .T - SHOULD ANY OFTIEAHOVECES73EED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF. NOTICE TO THE NOTICESHALL IMPOSE AGENTS OR REPRESENTATNES. THE ISSUING COMPANY CERTIFICATE HOLDER NOOWOATIONOR WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NAMED TO THE LEFT. BUT FMURE TO MAIL SUCH LIABILITY OF ANY KIND UPON THE COMPANY, ITS 1 1 TO: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATE: DESCRIPTION OF WORK: CERTIFICATE OF INSURANCR City of Round Rock 221 East Main Street Round Rock, Texas 78664 City of Round Rock, Texas Peachtree Valley Drainage Improvements PAGE 1OF2 S L R / Vi0U Two / 5 THIS IS TO CERTIFY THAT is, at the date of this Certificate, insured by this company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described insurance company shall have A.M. best "A" rating. Exceptions to standard policies are noted on the reverse side hereof. The minimum Lim, is of Liability that shall be provided are shown below. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. (Name of Insurer) By Title Address PAGE 2 OF 2 STATE OF TEXAS COUNTY OF WILLIAMSON ADDENDUM TO PUBLIC WORKS CONTRACT WHEREAS, Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity; and WHEREAS, the Texas Workers' Compensation Commission has directed that all governmental entities that enter into a building or construction contract must include in the bid specifications and contracts the language required by § 110.110 (c) (7) of the TWCC rules; NOW, '1 REFORE, in accordance with the applicable statute and regulation, the following provisions are incorporated into the public works contract between the Contractor, _ REDDIC0 CONSTRUfTION CO., INC.. and the Owner, the City of Round Rock, Texas, for the Peachtree Valley Drainage Improvements. DEFINITIONS: Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83 or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor' /person's work on the project has been completed and accepted by the OWNER. Persons providing services on the project ("subc ontractor", i n §406.096 - includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 1 The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the CONTRACTOR providing services on the project, for the duration of the project. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: (a) a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The CONTRACTOR shall notify the OWNER in wiring by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to covered, and stating how a person may verify coverage and report lack of coverage. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2 (b) provide to the CONTRACTOR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project, for the duration of the project; (c) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (g) (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have know, of any change that materially affects the provision of coverage of any person providing services on the project; and contractually require each person with whom it contracts, to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing, or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. 3 The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR that entitles the OWNER to declare the contract void if the CONTRACTOR does not remedy the breach within ten calendar days after receipt of notice of breach from the OWNER. Signed and executed this / V day of Charles Culpeper, Mayor ATTEST: 4 REDDICO CONSTRUCTION CO., INC. CONTRACTOR By: elL ATTEST: , 1997. 1 &4I o L 7 4# certify that I am the Secretary of the corporation named as Contractor herein, that flee her f N. DIckehwT u. , who signed this Addendum on behalf of the Contractor was then di P.2 - Pre6 n t-.t77 (Official title) of said corporation, that said Addendum was duly signed for and on behalf of said corporation, that said corporation by authority of its governing body, and is within the scope of its corporate powers. (Corporate Seal) Signed: W }tad 171 LLZ GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1. DEFINITIONS 1 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 2.02 Right of Engineer to Modify Methods and Equipment 2.03 Changes and Alterations 2.04 Damages 4 2.05 Losses from Natural Causes 2.06 Laws and Ordinances 2.07 Licenses, Permits, and Certificates 2.08 Royalties and Patents 2.09 Keeping of Plans and Specifications Accessible 5 2.10 Discrepancies and Omissions 2.11 Contractor's Understanding 2.12 Extra Work 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 2.16 Owner's Status 2.17 Completed Portions of Work 2.18 Materials 2.19 Receiving and Storage of Materials 8 2.20 "Or Equal" Clause 2.21 Completed Work 2.22 Materials Furnished by the Owner 2.23 Protection of Property 2.24 Shelters for Workmen and Materials 2.25 Sanitary Facilities '9 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 9 3.01 Labor, Equipment, Materials and Construction Plant 3.02 Performance, Payment and Maintenance Bonds 3.03 Contractor's Ability to Perform 10 3.04 Superintendence and Inspection 3.05 Character of Employees 3.06 Contractor's Duty to Protect Persons and Property CONTENTS (continued) Page 3.07 Safety Codes 11 3.08 Barricades 3.09 Minimum Wages 3.10 Unsuitable Work or Materials 12 3.11 No Waiver of Contractor's Obligation 3.12 Site Clean Up 3.13 Guarantee 13 3.14 Compliance with Air and Water Acts 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13 4.01 Lines and Grades 4.02 Right of Entry 4.03 Owner's Representatives 4.04 Collateral Work 14 4.05 Right -of -Way 4.06 Adequacy of Design 5. SCHEDULING AND PROGRESS OF WORK 14 5.01 Order and Prosecution of the Work 5.02 Rate of Progress 15 5.03 Sunday, Holiday and Night Work 5.04 Hindrances and Delays 5.05 Extensions of Time 5.06 Liquidated Damages for Failure to Complete on Time 16 6. INDEMNITY 16 6.01 Contractor's Indemnity Provision 6.02 Workmen's Compensation Insurance 6.03 Comprehensive General Liability Insurance 17 6.04 Owner's Protective Insurance 6.05 Comprehensive Automobile Liability Insurance 6.06 Insurance Certificate CONTENTS (continued) 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate 7.02 Right of Contractor to Terminate 7.03 Removal of Equipment 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18 8.01 Notification of Contractor 8.02 Retention of Contractor's Equipment and Materials by Owner 8.03 Methods of Completing the Work 19 8.04 Final Acceptance 8.05 Disposition of Contractor's Equipment 20 9. MEASUREMENT AND PAYMENT 20 9.01 Character of Measurements 9.02 Estimated vs. Actual Quantities 9.03 Payment 21 9.04 Monthly Estimates and Payments 9.05 Certificates of Completion 9.06 Final Estimate and Payment 22 9.07 Notarized Affidavit 9.08 Release of Liability 9.09 Contractor's Obligation 9.10 Payments Withheld 23 Page 18 1. DEFINITIONS GENERAL CONDITIONS OF THE AGRE MENT 1.01 Calendar Day. A calendar day shall be the 24 -hour period from one midnight to the next consecutive midnight. Saturdays, Sundays, and Legal Holidays are considered calendar days and shall be used in determining contract time. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Bidders, Advertisement Summary, Proposal and Bidding Sheets, Bidder Statement of Qualifications, Agreement, Bid Bond, Performance Bond, Payment Bond, Maintenance Bond, Certificate of Insurance, Addendum to Public Works Contract, General Conditions of the Agreement, Special Conditions of the Agreement, Technical Specifications, Addenda, duly authorized Change Orders and Construction Plans. The Contract Documents are complementary, and what is called for by 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: I) Change Order; ii) Addenda; iii) Signed Agreement; iv) Performance'Bond, Payment and Maintenance Bonds v) Proposal and Bidding Sheets; vi) Certificate of Insurance; vii) Addendum to Public Works Contract; viii) Special Conditions of the Agreement; ix) Notice to Contractors; x) Technical Specifications; xi) Construction Plans; xii) General Conditions of the Agreement; xiii) Bidders Statement of Qualifications; xiv) Advertisement Summary. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated on 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 S.D. KALLMAN, INC. _" ENGINEERS AND ENVIRONMENTAL CONSULTANTS, or such other Engineer, Supervisor, Or Project Representative who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the -1- Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner" shall mean 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 "Plans" shall mean and include: (a) all drawings prepared by the Owner as a basis for proposal; (b) all supplementary drawings furnished by the Engineer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor; and, ° drawings submitted by the Contractor to the Owner when and as approved by the Engineer. 1.08 Specifications. "Specifications shall mean: (a) all written descriptions, methods, and instructions prepared by the Owner as a basis for proposals; (b) all supplementary written materials 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, ° 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 and /or Specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use and is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. It does not constitute end of contract period or acceptance as total completion. 1.11 Work "Work" shall mean the work to be done and the equipment, supplies, material, and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions not under control of the Contractor will permit construction of the principal units of the work for a continuous period of not Tess than seven (7) hours between 7:00 a.m. and 6:00 p.m. -2- 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 discretion of the work included herein. In order to prevent delays and disputes and to discourage litigation, it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shall determine all questions in relation to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and findings shall be the conditions precedent to the right of the parties hereto 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 thirty (30) days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Enuipment. If, at any time, the methods or equipment used by the Contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. -3- If they increase the amount of work and the increased work can fairly be classified under the Specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this Contract; otherwise such work shall be paid for as provided under Section 2.12 - "Extra Work ". In the event the Owner shall made such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in preparation for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such, is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosecution of the work shall be sustained and borne by the Contractor at his own 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 and its agents 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 -4- furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release of indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Keeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with two (2) sets of executed Plans and Specifications, without expense to him, and the Contractor shall keep one copy of the same constantly accessible on the jobsite, with the latest revisions noted thereon, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the work shown by the Plans, reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. - 5 - No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. , 2.13 Payment for Extra Work. It is agreed that the compensation to be paid by the Contractqr for performing extra work shall be determined by one or more of he following methods: Method "A ": By agreed unit prices; Method "B ": By agreed lump sum; or Method "C ": If neither Method "A" or Method "B" can be agreed upon, before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15 %. Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; e rental, if any, for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work including all power, fuel, lubricants, water, and similar operation expenses; (d) transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the jobsite; (e) the following incidental expenses incurred as a direct result of such 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. Payment for "Extra Work" under Method "C" shall apply to the Contractor and all subcontractors involved in the extra work. 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 -6- and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, and general superintendence. 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any other part thereof without the previous written consent of the Engineer, nor shall he assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in 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 materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Engineer. 2.16 Owner's Statics. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Comoleted 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 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. -7- 2.19 Receivi g and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipment of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where written permission is given by the Engineer. 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, Toss, or the intrusion of foreign elements. 2 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily store, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of work, whether they are shown on Plans or not. 2.24 Shelters for Workmen and Matj.ri Is. 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 -8- sanitary conditions of the ground in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.25 Sanitary Facilities. The Contractor, at his expense, shall furnish necessary sanitary toilet facilities for the use of all employees on the jobsite. The facilities shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such a manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor. Equipment and Materials. The Contractor shall provide all labor, tools, equipment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3,02 Performance. Payment and Maintenance Bonds. Unless otherwise specified, it is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred percent (100 %) of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is 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 bond or letter of credit, and payment bond are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance bond or letter of credit, and payment bond shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bond or letter of credit will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds or letter of credit shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds or letters of Credit in the State of Texas. -9- 3.03 Contractor's Ability to Perform. Upon request by the Owner, the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 - "Termination of Contract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintp2rrtencr r reoectiof. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be 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, skillful persons to do the work, and whenever the Engineer shall inform them that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the workers, the reinstallation 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 D 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 non- delegable, 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 - 10 - 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, County, and Municipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with Federal, State, or Municipal laws or regulations. 3.08 Barricades and Traffic. Control Signs. When barricades or traffic control signs are used to satisfy safety requirements, such barricades or signs shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least two - inches (2 ") high. The Contractor shall, at his expense and without further or such order, provide, erect, and maintain at all times during the progress or temporary suspension of the work, suitable barricades, fences, signs, or other adequate warnings or protection, and shall provide, keep, and maintain such danger lights, signals and flagmen as may be necessary to insure the safety of the public as well as those engaged in connection with the work. All barricades and obstructions shall be protected at night by signal lights which shall be suitably distributed across the roadway and which shall be kept burning from sunset to sunrise. Barricades shall be of substantial construction and shall be suitably painted to increase their visibility at night. Failure of the Engineer to notify the Contractor to maintain barriers, lights, signals, or flagmen, shall not relieve the Contractor from his responsibility. All traffic control devices and procedures used by the Contractor in controlling, directing, and safeguarding traffic shall conform to the requirements of the "Texas Manual on Uniform Traffic Control Devices ". • The Contractor's responsibility or the safeguarding of traffic as specified above shall cease when the work included in the Contract is completed and accepted by the Owner. 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. The Contractor shall not pay Tess than the general prevailing wages and shall keep accurate wage records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with Plans, Specifications, and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and replace, rebuilt, or otherwise remedy such work so that it shall be in full conformance with this Contract. Should the Contractor fail to initiate compliance with the above provision within seventy -two (72) hours, or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that such work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or project representative shall have no power to waive the obligations of this Contract for the furnishing by the Contractor of good material and of his performing good work as herein described and in full accordance with the Plans and Specifications. No failure or omission of the Engineer, supervisor, or project representative to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer, supervisor, or project representative shall, upon request of the Contractor, inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor, or project representative such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet the specifications for the work. Any questioned work may be ordered taken up or removed, for re examination by the Engineer prior to final acceptance, and if found not in accordance with the Plans, Specifications, and Contract Docu- ments for said work, all expense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise, the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 Site Clean Un. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work, the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or conduits; shall tear down and remove all rubbish of every kind from the tracts or grounds which he has occupied; and shall leave them in a condition satisfactory to the Engineer. - 12 - 3.13 Guarantee. During a period of twelve (12) months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs rising out of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within ten (10) days after the mailing of a notice in writing to the Contractor or his agent, the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however, that in case of emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor and /or his Surety (see Section 3.02 on Maintenance Bond) shall pay the cost thereof. 3.14 Compliance with Air and Water Acts. In compliance with the Clean Air Act, as amended, 41 U.S.C. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: (1) Any facility to be utilized in the performance of this Contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. (2) The Contractor will comply with all requirements of Section 114 of the Clean Air Act, as amended. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. The Contractor shall provide his own construction staking and re- staking for this project 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 and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Representatives. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervisors, or project representatives as the said Owner may deem necessary to examine the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said work is done in accordance with the Specifications therefor. - 13 - The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or project representatives for the proper review and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer, supervisors, or project representatives so appointed when such 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. 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 Engineer 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 intenfof 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. - 14 - 5.02 Rate of Progress. The Contractor shall give the Engineer information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 - "Abandonment of Contract by Contractor"; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligations to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday. Holiday. and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, without written consent of the Engineer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the Plans and Specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee, or either, or by any other Contractor employed by the Owner, or by strikes, fire, or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; - 15 - provided, however, that the Contractor shall give the Owner prompt notice in writing of such cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions, or inadequate construction force. 5.06 Liauidated 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 difficult to ascertain 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 allowances for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanently from the Contractor's total compensation, not as penalty, but as liquidated damages, the sum per calendar day as stated in the "Proposal ". 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, expenses or costs of any nature whatsoever arising out of or in actions of law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons 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 party thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Worker's Compensation Insurance. The Contractor agrees to comply with the Worker'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. - 16 - 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. Comply with "ADDENDUM TO PUBLIC WORKS CONTRACT" included herein. 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 Tess than shown in Special Conditions 03 -01. 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 Liahility Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure 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 shown in Special Conditions 03 -01. 6.06 Insurance Certificate. In connection with the insurance coverage set out in Sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given ten (10) days advanced written notice before any provisions of the policies are changed or in the event said policies shall be canceled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connec- tion with this Contract. - 17 - 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 this contractual agreement to the Contractor ten (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 to place such equipment, tools, and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to resume work within ten (10) days after written notification from the Owner or the Engineer, or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the Specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. The Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but - 18 - 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 herein before provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The 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. (2) The Owner under sealed bids, after fourteen (14) days notice published two (2) or more times in the designated newspaper of the Owrier may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contractor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed and accepted by the Owner, the Contractor and his Surety shall be so notified and a Contract Completion Certificate as hereinafter provided shall be issued. A complete - 19 - 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 Ennioment• In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance as shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his Surety. Should the cost to complete the work exceed the Contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held by the Owner at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Fstimated vs. Actual Quantities. Any and all estimated quantities stipulated in the Proposal Form under unit price items are approximate and are to be used only: (a) as a basis for estimating the probable cost of the work; and, (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. - 20 - The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of work actually performed and materials actually furnished and the amounts estimated therefor in the Proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as twenty -five percent (25 %) more or twenty -five percent (25 %) less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below twenty -five percent (25 %) 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 materials embraced in this Contract in full conformity with the Specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached Specifications, and requirement of the Engineer. 9.04 Monthly Estimates and Payments. The Contractor shall furnish to the Engineer by the twenty -fifth (25) of the month such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. On or about the first day of each month, the Engineer will make an approximate estimate of the value of work done in conformity with the Plans and Specifications during the previous calendar month. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor ninety percent (90 %) of the amount of such estimated sum on or before the 15th day of said month. 9.05 Certificates of Completion. Within ten (10) days after the Contractor has given the Engineer notice that the work has been completed, the Engineer shall review the work and satisfy himself by examination that work has been finally and fully completed in accordance with the Plans, Specifications, and Contract. If so and if acceptance by Owner and all governmental entities having jurisdiction has been secured, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate, when issued, shall constitute final acceptance of the work covered under this - 21 - Contract and serve as the date for stoppage of the contract period specified for completion of the Project. 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 value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate; provided the Notarized Affidavit specified in Section 9.07 has been received by the Engineer. The Owner shall pay the Contractor within thirty (30) 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 reta fined 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 in Section 9.07 entitled "Notarized Affidavit" has been submitted to the Engineer. 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. 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. - 22 - 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 extend as may be necessary to protect himself from loss on account of: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payment properly to subcontractors for material or labor. (4) Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. - 23 - SPECIAL CONDITIONS OF THE AGREEMENT SPECIAL CONDITIONS OF THE AGREEMENT INDEX Page SECTION 01 - INFORMATION S -1 01 -01 Engineer S -1 01 -02 Copies of Specifications Furnished S -1 01 -03 Governing Codes S -1 01-04 Liquidated Damages for Failure to Complete on Time S -1 01 -05 Time of Completion S - 1 01 -06 Owner S - 1 01 -07 Location S -1 01 -08 Usage of Water S -1 SECTION 02 - SPECIAL CONSIDERATIONS S - 2 02 -01 Crossing Utilities 02 -02 Lands for Work 02 -03 Utility Services for Construction 02 -04 Guarantees 02 -05 Deviations Occasioned by Utility Structures 02-06 Minimum Wage Scale 02 -07 Limit of Financial Resources 02 -08 Construction Review 02 -09 Limits of Work and Payment 02 -10 "As- Built" Drawings 02 -11 Construction Staking 02 -12 Coordination with Utility Companies 02 -13 Blasting 02 -14 Monthly Payment Estimates & Payment for Materials on Hand 02 -15 Maintenance Bond SECTION 03 - INSURANCE SECTION 04 - TRAFFIC CONTROL S - 9 S -2 S -2 S -2 S -2 S -3 S -3 S -3 S -3 S -4 S -4 S -4 S -4 S -5 S -6 S -6 S -6 SECTION 01 - INFORMATION 01 -01 ENGINEER The word "Engineer' in these Specifications shall be understood as referring to S. D. Kaltman, Inc. -- Engineers and Environmental Consultants, 1106 South Mays, Suite 100, Round Rock, Texas 78664, (512) 218 Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than seven (7) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of confgrming Contract Documents and Technical Specifications free of charge, and additional sets will be obtained from Engineer at commercial reproduction rates plus 20% for handling. 01-03 GOVERNING CODES All construction as provided for under these Specifications shall be governed by any existing Resolutions, Codes, and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME Refer to the Proposal for the amount of Liquidated Damages. 01 -05 TIME OF COMPLETION The work shall be completed within the number of calendar days stated in the Proposal. The time shall begin from the date of the Notice to Proceed. 01 -06 OWNER The Owner shall be the parties named in the Notice to Contractor. 01 -07 LOCATION The location of work shall be as mentioned in the Bid. Proposal and as indicated in the Specifications. 01 -08 USAGE OF WATER Water shall be the Contractor's responsibility to obtain from the City of Round Rock. S -1 SECTION 02 - SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing construction, it shall be the Contractor's responsibility to make arrangements with the owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own ex- pense. 02-02 LANDS FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, rights -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -03 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services during construction. No additional payment will be made for this item. 02 -04 GUARANTEES Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for a period of one (1) year of final acceptance by the Owner. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment, nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. S -2 02 -05 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whether existing improvements are to be relocated, or grade and alignment proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The cost of any utility relocation will be at the Owner's sole expense. Owner will not be liable for relocation costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work or for relocation costs made necessary because of deviation by the Contractor from the lines and grades shown on the Plans. 02 - 06 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -07 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this Contract, the Owner reserves the right to omit any work from this Contract. Unit prices for all items previously approved in this Contract shall be used to delete or add work per Change Order. 02 -08 CONSTRUCTION REVIEW The Owner shall provide a project representative to periodically review the quality of materials and workmanship. The City of Round Rock shall also assign a City Inspector to review construction. S -3 02 -09 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, described in the Contract Documents and Technical Specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any questions arising as the limits of work shall be left up to the interpretation of the Engineer. 02 -10 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall deliver his correctly marked set of drawings to the Engineer. 02 -11 CONSTRUCTION STAKING AND PROPERTY PINS The Contractor shall provide construction staking and re- staking for this project. Base Survey Control shall be provided by the Engineer one time. 02 -12 COORDINATION WITH UTILITY COMPANIES The Contractor shall be responsible for contacting the appropriate utility company when working in the vicinity of its facilities to ensure safety and guard against damage. The following are names and phone numbers for the various companies: 1. Lone Star Gas (512) 244-6628 Richard Bone 2. Bell Telephone (512) 870 -2346 Bob Starcky 3. Texas Power & Light (512) 244 -5820 Jim Krumnow 4. Austin Cablevision (512) 448 -8100 Neville Stewart 5. City of Round Rock (512) 218 -5555 John Justice, (Water & Sewer) Inspector City of Round Rock (512) 218 -5555 Jim Nuse, P.E. (Public Works) Director, Public Works S -4 02 -13 BLASTING When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting, including methods of storing and handling explosives and highly flammable materials, shall conform to Federal, State and Local Laws and Ordinances. The following is a list of requirements in addition to Federal, State and Local Laws and Ordinances: 1. The Contractor shall fumish the Owner with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty -four (24) hours prior to using explo- sives. If blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The Contractor shall notify the City of Round Rock on every occasion at least twenty-four (24) hours prior to the use of explosives. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineer. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or.private property. Blasting mats or protective cover shall be used when required by the Inspector, the permit, or by safe blasting practices. 5. The Engineer or his representative shall have the right to limit the use of explosives and /or blasting methods which, in his opinion, are dangerous to the public or nearby property of any kind. 6. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. (The Contractor is fully responsible for all claims resulting from his blasting operation.) S -5 All damage or Toss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone whose acts of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications, or solely to the acts or omissions of the Owner or Engineer, or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. 02 -14 MONTHLY PAYMENT ESTIMATES AND PAYMENT FOR MATERIALS ON HAND Owner shall pay for ninety percent (90 %) of materials on hand when properly stored on the jobsite. When payment for materials on hand has been paid by the Owner to the Contractor, the Contractor shall furnish evidence the following month that he has paid for those materials prior to the following month's monthly estimate being approved for payment. 02 -15 MAINTENANCE BOND Per City of Round Rock Ordinance, a two (2) year Maintenance Bond naming the Owner and the City of Round Rock as dual obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 25. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements . A one (1) year Maintenance Bond will be required for all improvements. SECTION 03 - INSURANCE Section 6 of the General Conditions of the Agreement is hereby amended to include the following: The Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by the Owner in care, custody and control of Contractor prior and during construction and warranty period, and fumish Certificates of Insurance along with copies of policy declaration pages and all policy endorsement as evidence thereof: a. Statutory Worker's Compensation and minimum $500,000 Employers Liabili y Insurance. Refer to "Addendum to Public Works Contract" included herein for details on Workers Compensation requirements. S -6 b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 fire Damage. c. Automobile Liability Insurance for all owned, non -owned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or Combined Single Limit of $600,000. d. On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy, which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance ". When off -site storage is permitted, policy will be endorsed for transit and off -site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in (b) and (c).above, Contractor is required to carry an Excessive Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self- insured retentions, if any, stated in policies. Any self- insured retention shall not exceed ten percent (10 %) of minimum required limits. All deductibles or self - insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to Owner. S -7 Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builder's Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy thirty (30) days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two (2) years following completion of this Contract. Contract shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a thirty (30) day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustment to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry well as the Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by the Contractor. S -8 Notwithstanding all of the requirements outlined above, the contractor shall also provide insurance coverages as required by the Railroad Pipeline Crossing Agreement included herein as Appendix "A ". SECTION 04 - TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (i.e., Fire Department, E.M.S., etc.). At the end of each day, two (2) lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing, and safety precautions necessary for traffic control. This item shall be considered subsidiary and no additional compensation shall be given for complying with this Special Condition. S -9 TECHNICAL SPECIFICATIONS NOTES FOR REFERENCING CITY OF AUSTIN SPECIFICATIONS FOR WORK WITHIN THE CITY OF ROUND ROCK The current City of Austin Standard Construction Specifications of Water and Wastewater Department and Engineering Department are incorporated into this project by reference, and they shall be applied to this project except as modified in these Specifications and on the Plans. Whenever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Whenever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean S. D. KALLMAN, INC. - ENGINEERS AND ENVIRONMENTAL CONSULTANTS. STREET 1. Subgrade density tests are required prior to depositing base material. 2. Base density and thickness tests are required prior to application of prime coat. 3. All testing shall be made by an independent laboratory at the Owner's expense. An authorized representative of the City shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. 4. Pavement surface shall be Type "D" hot -mix, hot -lay asphaltic concrete with a minimum asphalt content of 5 %. 5. Backfill behind curbs shall be compacted to obtain a minimum of 95% of maximum density. Material used for curb backfill shall be primarily granular (clay materials with higher P.I. than 35 are prohibited), and free from boulders and clods larger than 6" in their greatest dimension. Refer to Standard Detail No. 1 - "Pipe Bedding" for backfill procedures. WATER 1. Water mains shall be PVC. The type, size and class of pipe shall be shown on the Plans. 2. PVC pipe used for water mains shall conform to AWWA C -900, Class 200. 3. Valves shall be Mueller iron -body gate valves with ends as shown on the Plans. 4. Service material shall be type "K" copper tubing or 200 PSI polyethylene tubing conforming to ASTM D2737, SDR 9, with brass fittings. TS - 1 5. Fire hydrants shall be 3 -way Mueller, improved AWWA type with pump nozzle for 4W fire hose. A 6 -inch gate valve and valve box shall be provided on each fire hydrant. 6. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City of Round Rock shall be present when such tests are made. 7. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required, and furnish all equipment and material for same. 8. Sterilization of mains shall be done under the supervision of the City, and the Contractor shall perform such sterilization, and furnish all material and equipment for same. SEWER 1. Gravity sewer pipe shall be PVC, SDR -35 except SDR -26 shall be used at waterline crossings, as described in the General Notes on the Plans. 2: The type and size of pipe shall be shown on the Plans. 3. The type of manhole shall be shown on the Plans. 4. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City shall be present when such tests are made. 5. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required, and furnish all material and equipment for same. TS - 2 APPENDIX "A" UNION PACIFIC RAILROAD LICENSE AGREEMENT PIX.DOC 940206 Folder No. 925-97 Form Approved. AVP -Law Mile Post 1.65, Georgetown Branch Location: Round Rock, Williamson County, Texas /y THIS AGREEMENT is made and entered into as of the d / day of FgSeaqR 199 7 by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter the Licensor) and CITY OF ROUND ROCK, TEXAS, a municipality to be addressed at 2008 Enterprise, Round Rock, Texas 78664 (hereinafter the Licensee). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE 1- LICENSOR GRANTS RIGHT In consideration of the license fee to be paid by Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof to maintain and operate an underground UNCASED 48" pipeline crossing for conveying storm water only (hereinafter the Pipeline) in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated February 4, 1997 and marked Exhibit A. Undei no circumstances shall Licensee modify the use of the pipeline for a purpose other than conveying stony water, and said pipeline shall not be used to convey any other substance, any fiber optics, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement ARTICLE 2 - CONSTRUCTION. MAINTI?N4J' CE AND OPERATION The grant of right herein made to the Licensee is subject to each and all oldie terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. ARTICLE 3 - IF WORK IS TO BE PERFORMED BY CONTRACTOR If a contactor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Licensee's form tacto s igbt of Entry Agreement Licensee acknowledges receipt of a copy of Contractor's Right of Entry Agreement and tmdetataading its term, provisions and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensors premises without first executing the Contractor's Right of Entry Agreement ARTICLE 4 - INSURANCE PIPELINE CROSSING AGPEEMENT The Licensee, at the Licensee's own sole cost and expense, shall provide to the Licensor a Certificate of Insurance certifying to the effectiveness of insurance as follows: 92597.plr 191255 Articles ofAgeement February 10. 1997 Page 1 of 3 PIXDOC 940206 Folder No. 925 -97 Forth Approved, AVP -Law a). General Public Liability providing bodily injury and property damage coverage with combined single limit of at least 51,000,000 each occurrence, a portion of which may be self - insured with the consent and approval of the Licensor. The Licensee will also provide to the Licensor a Certificate of Insurance issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: Union Pacific Railroad Company is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the Pipeline located on the Railroad right - of - way at Mile Post 1.65 on the Georgetown Branch at or near Round Rock, Texas. b). Such insurance shall be endorsed to provide contractual liability assumed by the Licensee under this Agreement, and that coverage shall not be canceled or changed without giving thirty (30) days' prior written notice to: c). If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described above shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which maybe self insured with the consent and approval of the Licensor. ARTICLE 5 - ZERIA • This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. ARTICLE 6 - $PECIAL PROVISIONS installation. 92597.plx Folder No. 925 - Union Pacific Railroad Company 1416 Dodge Street, Room 1100 Omaha, Nebraska 68179 -1100 The 48" RCP must be Oa cc V pipe. The City will pay all cost incurred for using the open - cut method of Articles of Ag ecment February 10, 1997 Page 2 of 3 • PLX.DOC 940206 Form Approved. AVP -Law IN WITNESS W HEREOF, the parties hereto have caused this Agreement to be executed as of the date • first herein written. WITNESS: 92597.plx UNION PACIFIC RAILROAD COMPANY 191255 Folder No. 925-97 Articles of Agreement February 10,1997 Page 3 UNION PACIFIC RAILROAD COMPANY R AS SS S I STTA H N R T � PRESIDENT CONTRACTS & REAL ESTATE DEPARTMENT ROOM 1103. 1410 000 GE STREET OMAHA NEBRASKA 681784100 (402)271-3753 FAX (402)271.5443 Dear Mr. Wille: distpLttr MR ALVIN WTLLE CITY OF ROUND ROCK 221 EAST MAIN ST ROUND ROCK TX 78664 March 18, 1997 Folder No. 925-97 J. A. ANTHONY D WECTOR•ONTRAC1S& J OINT FAMINES D. D. BROWN DIRECTOR ESTAlE J. L HAWKINS DIRECTOROPERATIONS SUPPORT D. H. LIGHIWINE DIfiECTORAEAL ESTATE • Attached is your original copy of the Pipeline Crossing Agreement, fully executed on behalf of the Railroad Company. If this construction is to be done by a contractor, before work can begin, the Contractor's Right of Entry Agreement must be executed by the contractor and returned to me, together with their proof of insurance, as provided in Article 5 of this agreement. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the terns and conditions of the documents and contact the Railroad Company at 1 -800 -336 -9193 to determine if a fiber optic cable is buried on the subject property. When you or your representative enter the Railroad Company's property, a copy of this fully- executed document must be available at the site to be shown on request to any Railroad employee or official. All Insurance Certificates, if required by the agreements, should be forwarded to me: Folder No. 925 -97 Director - Contracts Union Pacific Railroad Company 1416 Dodge Street, Room 1100 Omaha, Nebraska 68179 In order to protect the Railroad Company's property as well as for safety reasons, it is imperative that you notify the Railroad Company's Manager of Track Maintenance and the Communications Department•. OSCAR ESCAMILLA, MTM UNION PACIFIC RAILROAD Fiber Optics Hot Line 311 E BAGDAD 1- 800 - 336 -9193 ROUND ROCK TX 78664 (512) 255-5966 distpl.lc a minimum of forty-eight (48) hours in advance of any construction on, along, or across the Railroad Company's right - of-way and/or tracks. I. M. PREBLE CONTRACT - REPRESENTATIVE PLACE ARROW INDICATING NORTH t RPM DR-040. DIRECTION RELATIVE TO CROSSING a . REV. 10 -1 -11 e APPLICATION FOR NON - ENCASED 1 Georgeto 1 1M.44111 Rol rams 4 &. 111 1 1 I es • 1t $ NO SCALE � r 1,850 FT• 4 174' tssc 43110 2 1 .-- -11 _ FT. �»1 o) IF TES, MALE OF STREET ^s DISTRIBUTION LINE OR TRANSMISSION LINE C3 CARRIER PIPE : C01.4o0ITY TO BE COINEYFBStorID Water OPERATING PRE( I C1ASS V WALL THICKNESS WIKTER 44 *" ;MATERIALRf'P El CASING WLL N/A p(M,ETE1 N/A - MATERIA_N /A - NOTE :CASING MUST NAVE Z CLEARANCE BETWEEN GREATEST OUTSIDE DIA (TER OF CARRIER PIPE'AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF CARRIER PIPE AND INSIDE OF CASING PIPE. F) LETIOO OF INSTALLING CASING PIPE UNDER TRACKCSI: DRY BORE ARO JACK (WET BORE NOT PERIAITTED3 ; TISISEL ;0 0• -- s =r - • =• 1: GI WILL CONSTRUCTION BE BY A14 OUTSIDE CONTRACTOR? N/ DISTANCE ACKICNG PITS MEN MEASURED O T T RIGHT ANGLES FACE TH N/A (31• MR1 I3 APPLICANT HAS CONTACTED OF U. P. COMMUNICATION CEPARUI.ENT AND HAS OETEIWIHED FIBER OPTIC CABLE_DOES ;__DOES ROTS EXIST IN VICINITY OF RORK TO BE PERFORMED . TICKET N0. NON- FLAMMABLE PIPELINE CROSSING W/1 TU. 10.S 4l�F� 1 :1) 1 1t$T. = 4400 Iva 11101 3.4411 4114 440F11144 1.414 1w3100C1tav •[21 IM 4L 4srt 41 O £�,tGL_s .114 144 (1 NOTE: ALL AVAILABLE OIUENSIONS 1441 BE FILLED IN TO PROCESS THIS APPLICATIOO. NCR •11T 14.41[.5 1 • (..sTf NI A) _ F7 (t0 rt. .IaR.) 044110 314(346 4414 .) 65 FT_ FT 94 K 00441.41 AACIA 01∎4 1 r/ 4E Sash)) - Lone Star Gas WitnessFT Post and Vent Pipe • Is 014` • 41111.4 floe G r 101 0504 FT. a -/ A SINN 7 ".a 10 4(1 0:4010.4. E E 0014147104 1•4407X4 Nsr K COM= le 4/T14Z 4F411T 104* t0100W1E 414171444 (5406.4 or 004.4 irryc 444E P10E1 I- b-fC -1143 1103 411 r0 Round 1 114artEST 1.1. 1P STEEL CAS TNICKNES Yt■Iwi T"IOEIES5 5500 315` 4135 soar 5423 (140• it.' snc 3/Y T /I4 sir st(t- 3/r OVER 4t 4'POOVED lamb 441* FOR $1.00711 •1PE5 stilt (104X0731 Of 15 OR NG WALI CHART CIa1ETE1 443[114 1 Owl Ir OVER 16' OVER 2r OVER 34 OVER OYEAr 11 446 1UST eE a RR C mum. IS *10 *1414 33.000 1 (10.4141* TO FICI0E 415: LENOIR raw ANGLE OF CROSSING 01*4.4 -TNUN 4 A FT. FT. semi s (4104 10401 "r.11�. 411.14 411.4 , 104114'.1 11 ALL 1011110MT41. •ISWCET re K .CA311101 4* 1(414* sC18 roes f K 141100 21 415140 TO C1T001(011004 f446mom or X01? 41016 TIE 1114101 K ID • EO FT,. Kx rL. 410 1000Q U111T K 4410011 4(Ptry1 -•4f If =Quer r1 040010 ~Co (.811141121K M Tt44T. 30 11W4 Or W r1C1 TIC 00 K Orr 4RMM M Mt MIOC(. t 81.00114. IR (101 417 101101110 MC4. 4. 331114E 1471001TATIVC Ma K MESO4 5011X0 D8T�TI01 K •4140(0 S10M S MC W 41401 41MIr r 41 COMM. 4 N4.4v(4Lt rum 0X.413 001/00 4101.01.3 Or PE0103 f Or 100 0 1 5001440 fn0Kr7 (GM ROW 141141..4 ORr4( . N 43110 410 407(44 Mt NAT K CUC0 /51071141 K 2 VCR 0000 Tot Qt*Ti0 071.4 'MC Oat. 44? OCav4Tt0I 004(114 O1TW1 1 Mr of MC 41111114 014.4 eerie 1YLt 4107 of 0700 ace. A3 IS PIPELINE CROSSING WITHIN DEDICATED STREET ? 7E5:____n0; EXHIBIT "A" U N`' PACIFIC RAILROAD CO. 61- e0 13/%0 Aid, M. P I. CS E. S. T ?1Q 7 2. NON- PICASEDSiPtIiN CROSSING Round Rock, Williamson, Tex 11400 ?114 .01.1u 1rt<U N :11.3 (.011 City of Round Rock, Texas RR FILE NO.8 -- 99 LATFI 4 rA RNt RC P.L X 960425 Form Approved. AVP -Law al= Section 1. I uarAT[ON AND SUBORDINATION OF RIGHTS. (a) The foregoing grant of right Is subject and subordinate to the price and continuing right and obligation of the licensor to use and mointoin its entire property including the right and power of the Licensor to constrict, maintain. repair. renew, use, operate, change, modify or relocate railroad tracks. signal. communication. fiber optics, or other wirelines. pipelines and other facilities upon. along or across any or all parts of its property, all or any of which may be freely done at any tirne or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. . 03) The foregoing grant is also subject to oil outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property. and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPtgiAT1ON. (a) The Pipeline shall be constructed operated maintained. repaired renewed modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949. and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereoL except as may be modified and approved by the Licensors Vice President- Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal. state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) Alt work performed on property of the Licensor in connection with the construction, maintenance, repair, renewoL modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of anywork in connection with the construction. maintenance, repair, renewal. modification. relocation. reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor. the Licensee shall submit to the licensor pkms setting out the method and manner of handling the work including the shoring and cribbing, if any. required to protect the Licensees operations. and shall not proceed with the work until such pkms have been approved by the Vice President•Engineering Services of the licensor caul then the work shall be done to the satisfaction of the Vice President - Engineering Services or his authorized representative. The Licensor shall have the right, If it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction. maintenance. repo lr, renewal. modification. relocation. reconstruction or removal of the Pipeline. and In the event the Licensor provides such support. the Licensee shall pay to the Licensor, within fifteen (l5) days after bills shill have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include afl assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly corlpacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMIIdCEtvfl OF WORK If an emergency should arise requiring immediate attention. the licensee shall provide as much notice as practicable to licensor before commenting any work. In all other situations, the Licensee stall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair. renewal. modification, reconstruction. relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. f ICENSEE TO BEER ENTIRE EXPENSE. The licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance. repair and renewal and any and all modification. revision, relocation. removal or reconstruction of the Pipeline. including any and all expense which may be Incurred by the Licensor in connection therewith for supervision. inspection. flagging. or otherwise. plx.exb Page I of4 Exhibit 8 191255 5 PL X 960425 - Forla Approved, AVP -Law Section 5. RETDEMRCF 1T RIIACAT ION OR R.E OVALOF PIPE 11NE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall. at the sole expense of the Licensee, reinforce the Pipeline. or move all or arty portion of the Pipeline to such new location as the Licensor may designate, whenever. in the furtherance of its needs and requirements. the Licensor stall find such action necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shat, so far as the Pipeline remains on the property, apply to the Pipeline as modified changed or relocated within the contemplation of this section. Section 6. Kaapaumagmsnaucammeamaum. The Pipeline and all ports thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired. renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any mariner impair the safety thereof. Section 7 PROTECTION OF FIBER OPTIC CAB SYSTEMS (a) Fiber optic cable systems may be buried an the Lensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1- 800.336.9193 (a 24 number) to determine if fiber optic cable is buried anywhere on the Licenser's premises to be used by the Licensee. 1f it is. Licensee will telephone the telecommunications canpany(tes) involved, mtrmge for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensees expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by licensee's failure to comply with the provisions of this paragraph. b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liabiltty andexpense whatsoever (including without limitation. attorneys' fees, court costs acid expenses) caused by the negligence of the Licensee, its contractor, agents ond/or employees. resulting in (1) any damage to or destruction of any telecommunications system onLlcensots property. and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company. ardkr its contractor. agents and/or employees, on licensors property, except to the extent that such costs. liability or expenses are caused by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommu nicatlon company using licensot's property or a customer or user of services of the fiber optic cable on Licensors property. Section 8. Rt._• r y_dv IN 7e: . 4 0 . U l5!:: :_JDS (a) The Licensee shall fully pay for aB materkds joined or affixed to and labor performed upon property of the Licensor in connection with the construction. maintenance, repair, renewal. modification or reconstruction of the Pipeline, aid shall not permit or suffer any mechanic's or matetiaimais lien of any kind or nature to be enforced against the property for any work date or mteriais furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall Indemnify and hold harmless the Licensor against and from arty aid ail liens, claims. demands. costs and expenses of whatsoever nature in any way connected with or growing out of such walk date, labor performed, or materials furnished (b) The Licensee shall promptly payor discharge all tares, charges and assessments levied upon, in respect to. or an account of the Pipeline, to prevent the some from becoming a charge or lien upon property of the Licensor, and so that the tares. charges and assessments levied upon or in respect to such property shall not be increased because of the location. construction or maintenance of the Pipeline or any improvement appliance or fixture connected therewith placed upon such property. or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the licensor, then the Licensee shall pay to the Licensor am equitable proportion of such tapes determined by the value of the Licensees property upon property of the Licensor as compared plx.exb Page 2 of 4 Exhibit B 1. .. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,PL X 960425 - Fohn Appmved.AVFLaw with the entire value of such property. Section 9. RFSIORATLON OF UCENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the licensor or in any manner move or disturb cony of the other property of the Licensor in connection with the construction. maintenance repair. renewal. modification, reconstruction. relocation or removal of the Pipeline. then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the scans condition as the same were in before such fence was token down or such other property was moved or disturbed. and the Licensee shall indemnify and hold harmless the Licensor. its officers. agents and employees against and from any aid all liability. loss. damages. claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fee% which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death. tannage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDI. (a) As used in this Section. 'Licensor' includes other railroad companies using the Licences property at or near the location of the Licensees installation and their officers, agents, and employees; loss' includes loss. damage, cicdms. demads,.actions. causes of action. pendtie% costs, and expenses of whatsoever nature. including cant costs and attorneys' fees. which may result from (a).injury to or death of persons whomsoever (including the Licensoes officer% agents. and employees, the Licensee's officers. agents. and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensees property, dotage to the roadbed tracks, equipment, or other property of the Licensor, or property in its core or custody). (b) As a major inducement and in consideration of the license and permission herein granted. the Licensee agrees to indemnify c d hold harmless the Licensor from any Lass which is the to or arises from 1. The prosecution of any work contemplated by this Agreement including the installation, construction. maintenance. repair, renewaL modification. reconstruction. relocation, or removal of the Pipeline or any part thereof; or Z The presence, operation. or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. •V: • gib hi lk• tL : 1 • • . '._i!5!uNl■1 Prior to the termination of this Agreement howsoever, the Licensee shalt at Licensee's sole expense. remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore. to the satisfaction of the licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option. upon such termination. at the entire cost and expense of the Licensee. remove the portions of the Pipeline located underneath its roadbed and track or tracks andrestore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline. or it may permit the Licensee to do such work of removal cmd restoration to the satiskstiort of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided. the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof. and such removal and restoration shall in no manner prejudice or impair any right of action for dcmaages. or otherwise. that the Licensor may have against the Licensee. Section 12. WAIVER OF BRFACH. The waiver by the Licensor of the breach of any condition. covenant or agreement herein contained to be kept. observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for omy subsequent breach thereof. plx.exb Page 3 of 4 Exhibit B 1. • pt X960425- FoFn Approval. Ave -Lae Section 13. IMMIELITIDE (a) If the Licensee does not use the right herein gn:mted or the Pipeline for one (1) yeas, cr if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default. the Licensor may. at its option. forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above. this Agreement maybe terminated by written notice given by either party hereto to the other on any date in such notice stated not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. - (c) Notice of default and notice of termination maybe served personally upon the Licensee or by mailing to the last known address of the Licensee. Tennhtntionof this Agreement for any reason shall not affect amyof the rights or obligations of the parties hereto which may have accrued or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement in whole or in part or any rights herein granted without the written consent of the Licensor. end it is agreed that any transferor assignment or attempted transfer or assignment of this Agreement or arty of the rights herein grunted whether volunhay, by operation of law, or otherwise, without such consent in writing, stroll be absolutely void and, at the option of the Licensor. shall terminate this Agreement. Section .15. SUCCESSORS AND ASSIGNS. - Sub)ect to the provisions of Section 14 hereof, this Agreement shall be binding upon and Inure to the benefit of the parties hereto. their heirs, executors. administrators. successors and assigns. plx_exb Page 4 of Exhibit 6 CROEPLDOC 940201 Folder No. 925 -97 Form Approved, AV P -taw THIS AGREEMENT is made and entered into as of the day of , 199_ by and between UNION PACIFIC RAILROAD COMPANY, a Utah corporation (hereinafter referred as the "Railroad "); and a corporation (hereinafter referred to as the "Contractor "). RECITALS: The Contractor has been hired by the City of Round Rock, Texas for the purpose of constructing (hereinafter "work ") an underground UNCASED 48" storm water pipeline crossing I on property of the Railroad at or near Mile Post 1.65, at or near Round Rock, Texas. The Contractor has requested the Railroad to permit it to perform the work and Railroad is agreeable thereto, subject to the following terms and conditions. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: ARTICLE 1 - Upon the execution of this Agreement, the Licensee shall pay to the Licensor a one - time administrative handling fee of FIVE HUNDRED DOLLARS ($500.00). ARTICLE 2. DEFINITION OF CONTRACTOR For purposes of this agreement, all references in this agreement to the Contractor shall include the Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 3. RIGHT GRANTED; PURPOSE The Railroad hereby grants to the Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals hereof and as shown on the attached print dated February 4, 1997, marked Exhibit A for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of the Railroad's property specifically described herein, o: desipated by the Railroad representative named in Article 4. ARTICLE 4. TERMS AND CONDPrIONS CONTAINED IN EXHIBITS B AND B - The terms and conditions contained in Exhibits B and B -I, heretoattached,are hereby made a part of this agreement. croepl.doc CONTRACTOR'S RIGHT OF ENTRY AGREEMENT FE a1uIl i.. ._ t Articles of Agreement February 10, 1997 Page 1 of 3 CROEPL.DOC 940201 Folder No. 925-97 Form Approved, AVP -Law ARTICLE 5. ALL EXPENSES TO BF. BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE The Contractor shall bear any and all costs and expenses associated with any work performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this agreement. All work performed by Contractor on Railroad's property shall be performed in a manner satisfactory to the respective local Superintendent of Transportation Services of the Railroad or his authorized representative (hereinafter the Railroad Representative). ARTICLE 6. TERM; TERMINATION a). The grant of right herein made to Contractor shall commence on , and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroads property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad property. b). This agreement may be terminated by either parry on ten (10) days written notice to the other party. ARTICLE 7. CERTIFICATE OF INSURANCE a). Before commencing any work, the Contractor will provide the Railroad with a Certificate issued by its insurance carrier providing the insurance coverage required pursuant to Exhibit B - of this agreement in a policy which contains the following type of endorsement: Union Pacific Railroad Company, is named as additional insured with respect to all liabilities - arising out of Insured's, as Contractor, performance of any work on the property of the Railroad. b). Contractor warrants that this agreement has been thoroughly reviewed by its insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure insurance coverage and an endorsement as required herein. c). All insurance correspondence shall be directed to: ARTICLE 8. CHOICE OF FORUM ARTICLE 9. SPECIAL PROVISIONS 48" RCP must be Class V. croepl.doc File No. 925 -97 Union Pacific Railroad Company Joan Preble, Contract Representative 14I6 Dodge Street, Room 1100 Omaha, Nebraska 68179 Litigation arising out of or connected with this agreement may be instituted and maintained in the courts of the states of Nebraska and Texas only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. Articles of Agreement February 10, 1997 Page 2of3 CROEPL.DOC 940201 Folder No. 925 -97 Form Approved, AVP -Law IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as the date first herein written. WITNESS: x CONTRACTOR NAME: CONTRACTOR ADDRESS: croepl.doc UNION PACIFIC RAILROAD COMPANY By CONTRACT REPRESENTATIVE (Name of Contractor) By Title: Articles of Agreement February 10, 1997 Page 3 of 3 UTILITIES X & E ROE 961001 Form Approved, AVP -Law EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least 24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon receipt of such notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. , Section 2. NO INTERFERENCE WITH RAILROAD'S OPERATION. No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the cracks, property and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof. When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 3. MECHANIC'S LIENS. The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created of enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a). Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the Railroad at 1- 800 - 336 -9193 (a24 -hour number) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, and will commence no work on the right of wax until all such protection or relocation has been accomplished. b). In addition to ether indemnity provisions in this Agreement, the Contractor shall indemnify and hold the Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising cut of any act or omission of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor :hall nct have or seek recour-e against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 5. COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, :he Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (without limiting the generality of the foregoing) shall'omply v,tth all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followec when worK is performed on the Railroad's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments. sha.: result g :'.share lexhibitblcroe.exb Page 1 of 3 Exitbit B UTILITIES X & E ROE 961001 Form Approved. AVP -Law in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses. The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. Section 6. SAFETY INSTRUCTIONS. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this agreement. As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the following special safety rules shall be followed: a). The Contractor shall keep thejob site free from safety and health hazards and ensure that its employees are competent and . adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on thejob site so that prompt first aid services can be provided to any person that may be injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the work performed on the job site. The Contractor shall have a non - delegable duty to control its employees, while they are on the job site or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. b). The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare - legged trousers are wom, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and protective work boots and at least the following protective equipment: c). All heavy equipment provided or leased by the Contractor shall be equipped with audible back -up warning devices. If in the opinion of the Railroad Representative any of Contractors or any of its subcontractors equipment is unsafe for use on the Railroad's right -of -way, the Contractor, at the request of the Railroad Representative, - shall remove such equipment from the Railroad's right -of -way. Section 7. II EMNITY. a). As used in this Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Contractor's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from (a) injury to or death of persons whomsoever (including the Railroad's officers, agents, and employees, the Contractors officers, agents, and employees. as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks. equipment, or other property of the Railroad, or property in its care or custody). b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of performance or nonperformance of this agreement. However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole negligence of the Railroad. g:lsharekxhibitblcroe.crb (1) Protective head gear that meets American National Standard- Z89.1- latest revision. It is suggested that all hardhats be affixed with Contractor's or subcontractor's company logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection. ' Z87.1- latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on thejob site. Page 2 of 3 Exhibit B UTILITIES X & E ROE 961001 Form Approved, AVP -Law c). The Contractor shall maintain whatever insurance coverage is necessary to adequately underwrite its general and contractual liability under the terms of this Agreement. Section 8. RESTORATION OF PROPERTY. In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the other property of the Railroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible and at Contractors sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Section 9. WAIVER OF BREACH. . The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof. Section 10. ASSIGNMENT - SUBCONTRACTING. The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. lithe Railroad gives the Contractor permission to subcontract all or any portion of the work herein described. the Contractor is and shall remain responsible for all work of subcontractors and all work of subcontractors shall be governed by the terms of this agreement. g:lsharctexhrbitb\croc.ceb Page 5 of 3 Exhrbu B ROE INS 940203 RP. Protective Ins. Form Approved, AVP -five EXHIBIT B-1 Right of Entry Agreement Utilities Insurance Requirements a). Contractor shalt at its own sole cost and expense. procure the following kinds of insurance and promptly pay when due all premiums for that insurance. The following insurance shall be kept in force during the life of this Agreement:: I ). General Public Liability insurance providing bodily injury, including death, personal injury and property damage coverage with a combined single limit of at least $1,000,000 each occurrence or claim and a general aggregate limit of at least $2000000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement. Underground Hazard, Products - Completed Operations with products-completed operation aggregate of at least $2.000,000. a separate general aggregate for the project (ISO Form CG 25 03 or equivalent). Broad Form Property Damage, severability of interests and name Railroad as art additional insured with respect to all liabilities arising out of Contractor's obligation to Railroad in'the Agreement. Coverage purchased on a claims made form shall provide for at least a three (3) year extended reporting or discovery period if (a) the coverage is changed from a claims made form to an occurrence form, (b) there is a lapse /cancellation of coverage. or (3) the succeeding claims made policy retroactive date is different from the expiring policy. 2). Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $1,000,000 each occurrence or claim. This insurance shall provide contractual liability by endorsement ISO Form CA 0025 or equivalent covering all motor vehicles including hired and ngnowned. mobile equipment to the extent it may be excluded from general liability insurance. severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Contractor's obligation to Railroad in the Agreement. 3). Worker's Compensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability. Also compliance with all laws of states which require participation in their state workers' compensation fund. 4). Railroad Protective I iab8ity insurance naming Railroad and any railroad operating over its tracks as insured with a combined single limit of $2.000.000 per occurrence with a $5,000,000 aggregate. The policy form shall be AAR- AASHTO with broad form coverage for 'Physical Damage to Property ' (ISO Form GL 00 30) or as revised ISO -RIMA (Form CG 0035) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or equivalent). If the Lloyd's London policy form is used. limits shall be $3,000,000 per occurrence with a 89,000.000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date. b). The Contractor hereby waives its right to subrogation, as respects the above insurance policy(ies), against Railroad for payments made to or on behalf of employees of Contractor or its agents and for Toss of its owned or leased property or property under its care, custody and control while on or near Railroad's right or other real property. Contractor's insurance shall be primary with respect to any insuran ce carried by Railroad. c). Contractor shall furnish to Railroad certiflcate(s) of insurance evidencing the required coverage era endorsements) and upon request a certified duplicate original of any of those policies. The insu:ance company(ies) issuing such policy(ies) shall notify Railroad in writing of any material alteration including any change in the retroactive date in any'clairra -made' policies or substantial reduction of aggregate limits, if such limits apply. or cancellation thereof at least thirty (30) days prior thereto. d). The insurance policy(ies) shall be written by a reputable insurance company or companies acceptable :c Railroad or with a current Best's Insurance Guide Rating of B and Class VII or better. Such insurance compmr.. shall be authorized to transact business in the states) affected by this Agreement. G:ISHARElE701IBrrB\CRGEINSY.Ers Exhibit 3-1