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R-99-09-23-10B1 - 9/23/1999BAKER - AICKLEN & ASSOCIATES. INC. Engineers /Surveyors Mr. C. Craig Carlton C.C. Carlton Industries, LTD 612 Brazos, Suite 210 Austin, TX. 78701 NOTICE OF AWARD September 24, 1999 RECEIiaEU 2 8 1999 99- 0913 -46/ Re: City of Round Rock— Parks and Recreation Department 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) Dear Mr. Carlton: Please let this letter serve as your Notice of Award for the subject City of Round Rock - 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1). Your base bid of $475,532.60 has been accepted by the Owner, the City of Round Rock. In accordance with the Instructions to Bidders, seven (7) copies of the Contract Documents and Specifications are forwarded to you for your execution of the Agreement and attachment of Performance Bond, Payment Bond and Certificate of Insurance within ten (10) days from the date of this letter. Please execute these documents in black ink only. Please forward all seven (7) copies of the Contract Documents and Specifications along with attachments back to me so that I may forward them to the City of Round Rock for execution. Subsequent to that, I will distribute fully executed copies to all parties. Failure to comply with these conditions within the time specified will entitle the Owners to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, the City of Round Rock will return to you three (3) fully signed counterparts of the Agreement with the Contract Documents and Specifications. 203 E. Main St.. Site 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 Mr. Craig Carlton C.C. Carlton Industries, LTD 9/24/99 Page 2 Sincerely, Please sign and return one copy of this Notice of Award to our office. Should you have any questions, please advise. Garrett J. Tuttle, P.E. enclosures cc: Ms. Sharon Prete, Director of Parks and Recreation Mr. Jim Nuse, P.E., Director of Public Works ACCEPTANCE OF NOTICE 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) Receipt of the apove Notice of Award is hereby acknowledged by C.C. Carlton Industries, LTD. this &) day of September, 1999. By: Title: C. C. Carlton Industries. Ltd. By: Carlton GP, LLC. Gener^ Par By . C. Crai Carlton, Manager 9/3 %y' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS ection 7.0 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) APP 'CV.RNEY CITY, FOR Prepared by: Baker - Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 B -A Project No. 601 -523 August, 1999 Sections 1.0 - 6.0 & 8.0 TABLE OF CONTENTS RECEIVED SEP 2 8 1999 Section Description Page 1.0 Notice to Bidders NB-1 2.0 Bid Documents BD -1 Instructions to Bidders Bid Bond Proposal Bidding Sheet 3.0 Post Bid Documents PBD -1 Agreement Performance Bond Payment Bond Certificate of Liability Insurance Warranty Bond 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 7.0 Special Materials Specifications SMS -1 8.0 Plans, Details and Notes PDN -1 table.doc 1.0 NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled "1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1)" will be received until 2:00 p.m.. Tuesday, September 7. 1999 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed Bid for 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be retumed unopened. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the office of the Engineer, Baker - Aicklen, Inc., 203 East Main Street, Suite 201, in Round Rock, Texas (512 -244 -9620) beginning August 23, 1999 for a non - refundable charge of $ 50.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Austin American Statesman: Round Rock Leader: Sunday, August 22, 1999 Sunday, August 29, 1999 Sunday, September 5, 1999 notice.doc ,RECEIVED SEP 2 8 19� NOTICE TO BIDDERS NB -1 Monday, August 23, 1999 Monday, August 30, 1999 Monday, September 6, 1999 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. biddoc.doc BD -1 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one hundred percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. biddoc.doc BD -2 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material fumished. 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.doc BD -3 KNOW ALL MEN BY THESE PRESENTS THAT WE, C. C. Carlton Industries, Ltd. as PRINCIPAL and Fidelity and Guaranty Insurance Underwriters, 3$ SURETY, are held and firmly bound unto the City of Round Rock hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of$ 5Z of bid by the Principal The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF "1999 SITE GRADING AND BASEBALL FIELDS IMPROVEMENTS (PHASE 11" for which bids are to be opened at the office of the OWNER on 9/14/99 NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed fonns are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the two (2) bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF. we have hereunto set our hands and seals this day of 1401 of September 1999 r• C. Carlton Tndnctriec, Ttd Fidelity and Guaranty Tncurenne Principal: Surety: Underwriters, Inc. By: By: u1.U.P (Seal) (Seal) William H. Pitts, Jr. Attorney -in -Fact biddoc.doc C. C. Carlton Industries, Ltd. By: Carlton GP, G •rL Part By• BID BOND C. raig C. ton, Maauger BD -4 Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 625 Know all men by these presents: That Fidelity and Guaranty Insurance Underwriters, Inc.. a corporation organized and existing under the laws of the State of Wisconsin and having its principal office at the Gty of Baltimore, in the State of Maryland, does hereby constitute and appoint William H. Pitts, Jr. , Norman P. Rolling, John W. Wagner, James 0. Schnell, Rose Marie Boriskie, Glenn Richards, Emily Mikeska and Roberta Jones of the City of Aus t in , State of Texas its true and lawful Attomeylsl -in -Fact each in their separate capacity if more than one is named above. to sign its name as surety to, and to execute, seal and acknowledge any and el bonds. undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in is 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 Underwriters, Inc. has caused this instrument to be sealed with its corporate seal, duly attested by Inc signatures of its Vice President and Assistant Secretary. this 2 day of October • A -U. 19 98. State of Maryland ) Fidelity and Gp ggydntknranee Underwriters, Inc. (Sigred) By — Vice President 95723 11 S F +G' 'MIME SS: Baltimore City ) On this 2nd day of Oc tober e.R:IQ; 98 ,before me,per came Peter Calvert: Vice President of Fidelity and Guaranty Insurance Undenerii s Inc. and Thomas E Huibregtse. Assistant - Secretary of said Company. with both of wtlom.l am personalty acquainted, who being by me severally duty sworn, said. that they the said Peter Carman and, ihdtpae E Huibregtse wale:respectively the Vice. President and the Assistant Secretary of the said Fidelity and Gementy Insurance Underwriters, Inc." Inc corpcati$n described in eCs o:h exerted ,the foregoing Power of Attorney: that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was surh;fmrpofate seal. that it was se affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President alit Assistant Secretary, respectively. of the Company. My Commission expires i 1st day; cf `Au s t 0 .4 - . 2 (Signed) — Notary hc_— This Power of Attorney is granted under and by authority of the fallowing Resolutions adopted by the Board of Directors of the Fidelity and Guaranty Insurance Underwriters, Inc. September 24, 1992: Resolved. that in 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 entities appointed as Attomeyfsl -in -Fact pursuant to a Power of Attorney .issued in accordance with these resolutions. Said Powerls) of Attorney for and on behalf of the Company may and shall he executed in the name and on behalf of the Company. either by the Chairman, or the President or an Executive Vice President or a Senior 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 offices may be engraved. printed or lithographed. The signature of each of the foregoing officers and the seal of the Compa try may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(sEin- 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 executed 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 it is validly attached. Resolved, That Attomeyls1-in -Fact shall have the power and authority, and. in any case. subject to the terms and limitations of Inc Power of Attorney issued to them, to execute and deliver on behalf of Inc Company and to attach the seal of Inc Company to any and all bonds and undertakings, and other writings obligatory si the nature thereof, and any such inssmmeet executed by such Atameylsl-in-Fact shall be as binding upon Inc company as 21 signed by an Executive Officer and sealed and attested to by Inc Secretary of the Company. L Thomas E Huibregtse. an Assistant Secretary of Inc 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 force and effect. L Inc undersigned Assistant Secretary of the Fidelity aad Guaranty Insurance Underwriters. Inc.. do hereby certify that the foregoing Power of Attorney s in full force and effect and has not been revoked. In Testimony Whereof have here coo set my hand and the seal of the Fidelity and Guaranty Insurance Underwriters. Inc on this e t # day of _ l� FS 9114/981 sistant Secretary PROPOSAL BIDDING SHEET JOB NAME: 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: September 7, 1999 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: BASE BID Bid Item Description Item Ouantity Unit and Written Unit Price 1. 1 LS Site Grading, Balanced Site, complete in place. dollars a h0 cents. 2. 575 CY Elgin Red Infield Clay, (or approved equal), complete in place. biddoc.doc Unit Price Amount $y3,2o2,42a �iin t dollars cents. $ o On $ J 1 on BD -5 • • • Bid Item Description Unit Item Ouantity Unit and Written Unit Price Price 3. 157 CY Diamond Pro Red Improved 5. 1,911 CY Sandy Loam, biddoc.doc Infield Conditioner (or approved equ 1) cgmplet@ in lace. VA/ dollars �,y r cents. 4. 766 SY Infield Solid Sod, Tiff 419, complete in place. 6. 17,369 SY Common Bermuda Hydromulch, complete in place. complete in place. dollars cents. 7. 12 EA Dugout, including concrete pad, fencing (gate), roof, bench, batter's cage, (boys), complete in place. 4 Y ,At 14,6 8. 7,128 SF Concrete Bleacher Pad, complete in place. BD -6 dollars cents. $ 1 .00 dollars cents. dollars Amount $ Ig0 $ c2aco $ 3,06100 $ sO. c $ az 2 . -QD dollars cents. $ O. s ip $6 $ 5, 9C0. on $ to 5; fsm. Op cents. $ ` 00 $ . [1O 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • r Bid Item Description Item Ouantitv Unit and Written Unit Price 9. 14,720 SF 8' Wide, Service Drive /Sidewalk, complete in place. biddoc.dac 10. 420 LF Backstop Fencing (16'), including all fittings and appurtenances and overhang assembly (girls only), complete in place. r, (.k5 -cc ' O et{ CG dollars 53 L°Cc Z3 ' cents. $ _ $ (e 11. 240 LF 12' Fencing, including all fittings and appurtenances, complete in place. l w � Ct ��� dollars Ze - C0720 V ° cents. $ ,4Q $ Q t'(C e (c 12. 400 LF 8' Fencing, including all fittings, and appurtenances, complete in place. e e(C .-' sf x C tn dollars I (0 4 400. op -364,n cents. $ Vpt9(L 13. 1,226 LF 6' Fencing, including all fittings, and appurtenances, complete in place. ecC (c BD -7 Unit Price dollars cents. $ f. 50 $ 6 D. co dollars eL /0.00 cents. $ Amount 12/Z170.00 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bid Item Description Unit Item Ouantitv Unit and Written Unit Price Price 14. 1,796 LF 4' Fencing, including all fittings, d ppurtenances complete in place. et, , i. e /6tl l dollars g.° cents. $ x u 15. 6 EA Maintenance Double Gate, complete in lace. �lo� µunl Dec") biddocdoc ece dollars (°C( 5cv ,00 3OGO. c ; is cents. $ $, 16. 1 EA Wet Connections, complete in place. (j�r fin I -614 d! dollars rJ - cents. 17. 309 LF 3" SDR 21, Class 200 Waterline, including all fittings and appurtenances, complete in place. ,.1 61" Y J dollars 00 AC1 cents. $ /g. $ 5,56.00 18. 4 EA 3" Gate Valve, including Valve Box, adjusting to Final Grade, complete in place. 19. 343 LF 1" PVC Schedule 40 Waterline, including all fittings and appurtenances, complete in place. BD -8 dollars cents. Amount PLC $ /,50o.co $ /,5 $ 5 00.00 $ aoo a- dollars cents. $ /5.02 $ ' /V5.00 r • t 1 1 1 1 1 1 1 1 1 1 1 1 1 Bid Item Description Item Ouantitv Unit and Written Unit Price 20. 3 EA 1" Gate Valve, including Valve Box, adjusting to Final Grade, compete in place. e27 21. 4 EA 4" Tapping Sleeve and Valve, complete in place. .ed lti. a O dollars cents. $ / .900 .00 $ 4 { / La 00 22. 45 LF 3" Sleeve, for 1" Waterline, complete in place. 23. 156 LF 6" Sleeve, for 3" Waterline, complete in place. dollars cents. $ 00 $5 00 24. 53 LF 8" Encasement, for 3" Waterline, complete in place. ,,te u a dollars �D� cents. biddoc.doc „ J dollars cents. $ 1S! 00 $J, / 9 25. 2,320 LF Silt Fence, complete in place. '' it.tx dollars cents. $ 3. GO $ 9(00. o0 3P a - ) BD -9 Unit Price Amount dollars cents. $ 350.00 $ / 050.00 $ /00. 5432 Lao • • 1 • • 1 • 1 • • 1 1 1 • • • 1 1 Bid Item Quantity Unit biddoc.doc Item Description and Written Unit Price 26. 180 LF Rock Berm, complete in place. 27. 2 EA Stabilized Construction Entrance /Exit, mplete i place. cents. dollars 7 $ 00 $47 cc BD -10 dollars cents. 28. 1 LS Design and review of ball field irrigation in accordance with attached irrigation specifications, complete in place. ��vScer.ax dollars cents. 29. 4 EA Boys baseball irrigation construction to completion, (includes all materials and labor, complete in place. Tw ELL/ E 14400sP+01P dollars cents. 30. 2 EA Girls softball irrigation construction to completion, (includes all materials and labor, complete in place. uti \koasPa3P�ioE N� 3 Zeal) cents. cents. 31. 1 EA Boys controller /wiring and electrical connections to completion, includes trenching, necessary sleeves, conduit, mounting etc, (includes all materials and labor), complete in place. Unit Price Amount s aco oo s ,./a9,, OI) $ 40Co $ 40o0, co ad � z00 0 $.14 $ ¢g COO. OD o� $ g5ab — $ ti9owg: Bid Item Description Item Ouantitv Unit and Written Unit Price 32. 1 EA Girls controller /wiring and electrical connections to completion, includes trenching, necessary sleeves, conduit, mounting etc, (includes all materials and labor), complete in place. biddoc.doc SIGH T Rio ucR-io c Lev BD -11 dollars cents. Unit Price $ BOO° Amount s - c.o TOTAL BASE BID (Items 1 through 27): TOTAL ALTERNATIVE #1 (Items 28 through 32): STATEMENT OF SEPARATE CHARGES4krro I -kW $ 36 $ 7 Materials: $ 29.5 532 60 All Other Charges: $ 7J ,b oo.00 Total: $ 49V If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within 90 calendar days after the date of the written Notice -to- Proceed. The bidder and the Owners agree that for each and every calendar day the work, or any portion thereof, remains incomplete after the 90 calendar -day period, the bidder shall pay the amount of Five Hundred Dollars ($500.00) per calendar day as liquidated damages, not as a penalty but for delay damages to the Owners. Such amount shall be deducted by the Owners from any payment due to the bidders. biddoc.doc BD -12 The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. The undersigned acknowledges Respectfully Submitted, Title Name of Fi Date biddoc.doc Addendum No. 1 dated Addendum No. 2 dated Addendum No. 3 dated 9 //x .99 C. C. Carlton Industries, Ltd. By: Carlton GP, LLC Gen artner receipt of the following addenda: 9 39 BD -13 7, 757/ Address Received ( �f Received to Received <5 _ / c:7• Telephone Secretary, if Contractor is a Corporation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BAKER - AICKLEN & ASSOCIATES, INC. Engineers /Surveyors 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) Project No 601 -523 September 3, 1999 ADDENDUM #1 1) Addition — The Bid date has been changed to Tuesday, September 14, 1999. The Bid time and location have remained the same (2: p.m. at City Hall Council Chambers, 221 East Main Street, Round Rock, TX, 78664). 2) Addition — The time allotted for completing the project has been changed from 90 calendar days to 120 calendar days. 3) Clarification — There have been questions concerning the scope of the irrigation portion of the Bid. The following should help answer those questions. a) The grassed areas of the walkways leading to and from the bleachers, dugouts, etc. are to be irrigated. The area of 100% coverage is to be as follows: Boys Baseball Complex i) Northern Walkway — Irrigate from the sidewalk intersections to the end of the dugouts both sides. ii) Eastern Walkway — Irrigate from the sidewalk intersections to the end of the far dugouts both sides. iii) Southern Walkway — Irrigate from the sidewalk intersections to the end of the dugouts both sides. iv) Western Walkway — Irrigate from the sidewalk intersections to the end of the dugouts both sides. v) Sidewalk Intersection — Irrigate four triangular grassed areas. Girls Softball Complex i) Northern Walkway — Irrigate from the sidewalk intersections to the end of the dugouts both sides. ii) Eastern Walkway — Irrigate the grassed area from the sidewalk intersections to the end of the dugout iii) Southern Walkway — No irrigation iv) Western Walkway — Irrigate the grassed area from the sidewalk intersections to the end of the dugout. The irrigation heads to be used shall allow for a minimal amount of over spray onto permanent concrete structures. 203 E. Main St., Suite 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 b) The area of irrigation in the Boys baseball fields includes the grassed infield, the grassed area from the fence to the foul lines and the outfield. c) The area of irrigation for the Girls softball fields includes only the outfield. The outfield begins from a perpendicular line projected from first base to the fence parallel to the foul line. The outfield also begins from a perpendicular line projected from third base to the fence parallel to the foul line. All areas not part of the outfield but contained within the fence is infield topping and will not be irrigated. 4) Addition — The maintenance gate detail shown on sheet 5 of 6 on the plans refers to hardware items "A ", `B" and "C" which were inadvertently omitted from the plans. The attached page shows the details of these hardware items. All bidders shall acknowledge receipt of Addendum No. 1 on Page BD-14 of the proposal. M - M M E - - - - MN • • OM • • • = ® LOCK KE£P£R © LOCK KEEPER GUIDE ©t'L Roo C.fP 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BAKER- AICKLEN & ASSOCIATES, INC. Engineers /Surveyors 1999 Site Grading and BasebaWSoftball Fields Improvements (Phase 1) Project No. 601 -523 September 9, 1999 ADDENDUM #2 1) Clarification — Special Materials Specifications, p SMS -3, 7.11 Fabric, reads "Fabric shall be 6' -0" high (or 4' -0" as required). 11 gauge galvanized steel wire (not less than 1.2 oz. zinc per square foot of uncoated wire)." The fabric should be 9 gauge. On sheet 5 of 6 of the Construction plans, the backstop detail (elevation) has a call out that reads "All fabric alum. coated #9 GA x 2" mesh ". The fabric is to be galvanized steel, not aluminum coated. All bidders shall acknowledge receipt of Addendum No. 2 on Page BD -14 of the proposal. Sincerely, / � r �E �F tk *g j tih + dARflETT J TUTTLE S Garrett J. Tuttle, P.E. %j 9 i 65169 t y ti < !CENS 203 E. Main St., Suite 201 • Round Rock. Texas 76664 • 512/244 -9620 - FAX 512/244 -9623 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this ;40 (ICI of AfEja, 1999, by and between the (Owner) CITY OF ROUND ROCK of the State of Texas, acting through Robert Stulka, Mayor, thereunto duly authorized so to do, hereinafter termed the OWNER, and (Contractor) C.C. Car I 1.1 t dusbr ISM . of u b J , Texas, County of Trr,u is , State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR, hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by Baker - Aicklen & Assoc., Inc., herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within 14 calendar days after the date written notice to do so have been given to him, and to complete the same within 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. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. postbid.doc PBD -1 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 (OWNER) ATTEST: (The following to be executed if the Contractor is a Corporation.) I, , certify that I am the Secretary of the Corporation named as Contractor herein; that , who signed this Contract on behalf of the Contractor was then (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 postbid.doc its Secretary, if Contractor is a 6 f C-ee atien or otherwise registered 11 o rInas bi.p With the Secretary of State Signed: PBD -2 C. C. Carlton Industries, Ltd. (CONTRACTOR) By: Carlton GP, LLC. Genar - BY: (Typed name) ATTEST: iayr/ C. Craig Carlton, Manager (Title) THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.doc PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of , as Principal, and authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of dollars ($ ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PBD -3 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 . Principal Surety By By Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbid.doc PBD - THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That , of the City of County of , and State of as Principal, and authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Dollars ($ ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19_, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbid.doc PAYMENT BOND PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 19 Principal Surety By By Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbid.doc PBD - 1 CERTIFICATE OF LIABILITY INSURANCE Date: ' PRODUCER COMPANIES AFFORDING COVERAGE A 1 B • INSURED C THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the ' business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. I CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land postbid.doc PBD -7 Typed Name: Title: GENERAL AGGREGATE 5 PRODUCTS- COMP /OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) 5 MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE 5 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE 5 The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE WARRANTY BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety "), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this hundred and WHEREAS, the said Principal has heretofore entered into a contract with Dated , 19 , for construction of: WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas postbid.doc PBD -8 AMOUNT day of , A.D. nineteen WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbid.doc PBD - 4.0 GENERAL CONDITIONS Contents 1.0 Definition of Terms gencond.doc GENERAL CONDITIONS OF AGREEMENT 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub - Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed 2.0 Responsibilities of the Engineer and the Contractor 2.01 - Owner- Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.0 General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4.0 Prosecution and Progress 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5.0 Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments 6.0 Extra Work and Claims 6.01 Change Orders gencond.doc GC -2 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Continuing Performance 6.06 Arbitration 7.0 Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8.0 Subcontractors 8.01 Award of Subcontracts for Portions of Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9.0 Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contractors 9.03 Cutting and Patching Under Separate contracts 10.0 Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities gencond.doc GC -3 1.0 Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and are referred to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any of documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of Contract documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor gencond.doc The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub - subcontractor General Conditions of Agreement The term Sub- Subcontractor means one who has a direct or indirect contract with a sub- contractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. GC -4 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" 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 upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alteration," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. gencond.doc GC -5 2.0 Responsibilities of the Engineer and the Contractor 2.01 Owner- Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to Contractor in such amounts; such recommendation of payment to Contractor constitutes a representation to the Owner of Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to Contractor shall not be deemed as a representation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. genconddoc GC -6 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten (10) days. Appeal to arbitration upon mutual agreement may be taken as if his decision had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be famished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence gencond.doc The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. GC -7 Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding gencond,doc 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 effect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or Engineer either before or after the execution of this contract, shall GC -8 gencond.mc affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him GC -9 from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval gencond.doc The Engineer shall not have the power to waive the obligations of this contract for the fumishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, 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 shall, upon request of the Contractor, inspect and accept or reject any material fumished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, leuioving, and replacing this work if so directed by the Engineer. GC -10 2.14 Defects and Their Remedies genconddoc It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment"; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent conceming the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and GC -11 agreed that any such inspector is not authorized by the Engineer or Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. 3.0 General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided 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 modification thereof and all approved additions and alterations thereto. gencond.doc GC -12 3.04 Right of Entry The Owner reserves the right to enter the property or location of which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice for construction, 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. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omission, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or gencond.doe The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. GC -13 default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds gencoond.doc 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 (100 %) percent 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 $25,000.00 or less no payment or performance bond shall be required. It is agreed that the Contract shall not be in effect until such performance and payment bond are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. GC -14 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and fumishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractors unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is fumished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all gencond.doc GC -15 gencond.doc such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of altemate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: 1. Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractors employees and any Sub- GC -16 Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - Subcontractor including the loss of use resulting therefrom; and, 2. Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: genconddoc 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. GC -17 gencond.doc Duration of the project - includes the time from the beginning of the work on the project until the contractor's /person's work on the project has been completed and accepted by the governmental entity. Persons providing services on theproject ("subcontractor" in & 406,096 - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. This coverage shall include the following terms: (a) Employer's Liability limits of $100,000.00 for each accident is required. (b) "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. (c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and WY. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. GC -18 gencond.doc The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity 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 governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (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; GC -19 gencond.doc (d) obtain from each other person with whom it contracts, and provide to the Contractor: (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 governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) 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 governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the Commission's Division of Self - Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -20 gencond.doc D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than Workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by retum receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. GC -21 3.20 Guarantee Against Defective Work 3.21 Testing of Materials 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. (3) gencond.doc The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. GC -22 gencond.doc b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a Contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. GC -23 WR1001 July 1997 Applicable wage rates are shown in Section 06 - WAGE RATES of the SPECIAL CONDITIONS. 4.0 Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. gencond.doc The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. GC -24 5.0 Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities gencond.doc This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be fumished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five (5) percent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the tenns of this Agreement, as provided under "Extra Work ". 5.03 Price of Work 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 on the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the GC -25 aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until fmal payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, and Owner may - upon written recommendation of the Engineer - pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. gencond.doc GC -26 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work performed and materials fiunished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) Claims filed or reasonable evidence indicating probable filing of claims. c) Failure of the Contractor to make payments properly to subcontractors or for material or labor. d) Damage to the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. f) Reasonable indication that the work will not completed within the contract time. g) Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory genwna.doc GC -27 to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments gnoond.doc Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and final 'payments,' until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6.0 Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, The Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an increase in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. GC -28 6.03 Extra Work grncond.doc In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following methods: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the Engineer. The Engineer or Owner may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the GC -29 ge"co "d.a« Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Continuing Performance The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 6.06 Arbitration GC -30 gencond.doo All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex party proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7.0 Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the performance bond, or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will GC -31 genwnddoc ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (1) The Owner may thereupon employ such force of men 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 expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then 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 and/or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, may let the contract for the completion of the work under substantially the same terms and conditions which are provided m this contract. In case there is any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefor. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and/or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract; or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there GC -32 remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the Contractor or his Surety, to their proper owners. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner grncood.doc In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. GC -33 8.0 Subcontractors 8.01 Award of Subcontracts for Portions of the Work gencond.doc Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list submitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. GC -34 8.02 Subcontractual Relations genood.doo All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Documents; (1) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (4) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (3) (5) A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors obligate each subcontractor specifically to consent to the provisions of this section. The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent completed, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on GC -35 ge.ond.doc account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9.0 Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. GC -36 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 10.0 Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby: (2) all the work and all materials and equipment to be incorporated therein, whether in storage or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. gencond,doc (3) GC -37 gencond.doc All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting Insurance in the amount of $300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explosives. If Blasting is covered under the Contractors General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior approval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully responsible for all claims GC -38 gencond.doc resulting from his blasting operation. All damage or loss to any property referred to in this article caused in whole or in part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -39 5.0 SPECIAL CONDITIONS 1.0 INFORMATION 1.01 ENGINEER specond.doc The word "Engineer" in these Specifications shall be understood as referring to Baker - Aicklen & Associates, Inc., 203 E. Main Street, Suite 201, Round Rock, Texas 78664, Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 1.02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and Specifications and four (4) sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 1.03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 1.04 LIOUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number days of herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $500.00 per calendar day. 1.05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. 1.06 USAGE OF WATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to SC - avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 1.07 PAY ESTIMATES 2.01 CROSSING UTILITIES 2.0 SPECIAL CONSIDERATIONS specond.doc If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 2.02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 2.03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any 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. 2.04 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a SC -2 2.05 LIMIT OF FINANCIAL RESOURCES 2.06 CONSTRUCTION REVIEW 2.07 LIMITS OF WORK AND PAYMENT 2.08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. 2.09 "AS- BUILT" DRAWINGS specond.doc statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 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 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. The Owner shall provide a project representative to review the quality of materials and workmanship. It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work not specifically paid for in the bid proposal shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as SC -3 2.10 LAND FOR WORK 2.11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 2.12 CONSTRUCTION STAKING 3.0 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., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. specond.doc previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. Owner provides, as indicated on Drawings, land upon which work is to done, right -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SC -4 4.0 WARRANTY BOND Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Warranty Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. A one (1) year Warranty Bond in the amount of one hundred (100 %) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. 5.0 INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, 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 specond.doc SC - specond.doc 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 Owners and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). SC -6 specond.doc 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 -day notice of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. SC -7 6.0 WAGE RATES GENERAL DECISION TX960043 03/15/96 TX43 General Decision Number TX960043 Superseded General Decision No. TX950043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 03/15/1996 COUNTY(ies): BELL CORYELL TRAVIS BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN SUTX2042A 11/16/1991 Rates Fringes AIR TOOL OPERATOR 6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 CARPENTER 9.054 CONCRETE FINISHER -PAVING 8.600 CONCRETE FINISHER - STRUCTURES 7.903 CONCRETE RUBBER 6.740 ELECTRICIAN 13.710 specond.doc SC FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM LINER - PAVING & CURB 7.250 FORM SETTER - PAVING & CURB 7.683 FORM SETTER - STRUCTURES 7.928 LABORER - COMMON 6.078 LABORER- UTILITY 6.852 MECHANIC 10.774 OILER 9.389 SERVICER 7.280 PAINTER - STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS 8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPPORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 '/: C.Y. 8.427 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 % C.Y. & OVER 9.880 FOUNDATION DRILL OPERATOR. CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR 10.923 TRUCK MOUNTED FRONT END LOADER 2 '/ C.Y. & LESS 7.499 FRONT END LOADER OVER 2 '/ C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 specond.doc SC -9 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR - CRAWLER TYPE 7.539 TRACTOR - PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON - DRILL/BORING MACHINE/POST HOLE DRILLER OPERATOR 6.926 REINFORCING STEEL SETTER PAVING 8.158 REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER - STRUCTURAL 9.242 SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER -SINGLE AXLE LIGHT 6.493 TRUCK DRIVER -SINGLE AXLE HEAVY 6.674 TRUCK DRIVER - TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY/FLOAT 8.041 TRUCK DRIVER - TRANSIT MIX 6.078 WELDER 8.824 Unlisted classifications needed for work not included, within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively. bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. specond.doc END OF GENERAL DECISION SC -1 o CLASSIFICATION Rate Health Pension Vacation Total Wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $10.27 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00 $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 GLAZIER $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00 $0.00 $10.56 INSULATOR $1335 $1.16 $0.92 $0.03 $15.86 IRON WORKER $12.18 $0.00 50.00 $0.00 $12.18 LABORER/HELPER $7A8 $0.02 $0.00 $0.00 $7.50 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTERJWALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 $0.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER $0.00* $0.00 $0.00 $0.00 $0.00* TILESEIihR $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFER/CAULKER $10.64 $0.00 $0.00 $0.00 $10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME. WILLIAMSON specond.doc PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES SC - 11 Date Printed: April 15, 1997 specond.doc *$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022. SC -12 6.0 TECHNICAL SPECIFICATIONS 1.0 GENERAL DESCRIPTION 1.01 SCOPE OF WORK 1.02 GOVERNING TECHNICAL SPECIFICATIONS 2.0 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE techspec.doc The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the inspection and testing, complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. NOTE: The item number designation shown in parentheses adjacent to captions herein is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual are hereby referred to and included in this contract as fully and to the same extent as if copied at length herein and they shall be applied to this project except as modified in these Specifications and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock. During construction the Contractor shall keep the site free and clean from all rubbish and debris and shall clean up the site promptly when notified to do so by the Engineer. The Contractor shall, at his own expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. TS -1 2.01.2 BACKWORK 2.02 GRADING techspec.doc Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. 3.0 EXAMINATION AND REVIEW 3.01 EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. 3.03 CONSTRUCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's opinion, provide sufficient information for the Contractor to perform construction staking. TS -2 3.04 PROTECTION OF STAKES, MARKS, ETC. All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully preserved by the Contractor, and in case of destruction or removal during the course of this project, such stakes, marks, property comers, etc., shall be replaced by the Contractor at the Contractor's sole expense. 4.0 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right -of -way but only with approval of the Engineer. 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES Traffic control measures and barricades shall be installed in accordance with the "Texas Manual of Uniform Traffic Control Devices" and in other locations deemed necessary by the Engineer, for the protection life and property. Under no circumstances will any existing road be permitted to remain closed over a weekend. No separate pay will be made for this item. Costs for this item shall be subsidiary to other items of work. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. techspec.doc TS -3 5.0 MATERIALS 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 5.02 MATERIALS AND WORKMANSHIP No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to" are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent' of, or "equal to" some other item, in the opinion or judgment of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. techspec.doc TS-4 1 1 I CITY OF AUSTIN STANDARD TECHNICAL SPECIFICATIONS 1 Series 100 EARTHWORK I 101 Preparing Right of Way 102 Clearing and Grubbing 104 Removing Concrete I 110 Street Excavation 111 Excavation 120 Channel Excavation 130 Borrow 132 Embankment 1 Series 200 SUBGRADE & BASE CONSTRUCTION 1 201 Subgrade Preparation 202 Hydrated Lime and Lime Slurry 203 Lime Treatment for Materials in Place ' 204 Portland Cement Treatment for Materials in Place 206 Asphalt Stabilized Base (Plant Mix) 210 Flexible Base 1 211 Recycling Existing Aggregate 220 Sprinkling for Dust Control 230 Rolling (Flat Wheel) 1 232 Rolling (Pneumatic Wheel) 234 Rolling (Tamping) 236 Rolling (Proof) I 281 Termite Control SERIES 300 STREET SURFACE CONTROL 1 301 Asphalts, Oils and Emulsions 302 Aggregates for Surface Treatments 1 306 Prime Coat 307 Tack Coat 310 Emulsified Asphalt Treatment ' 311 Emulsified Asphalt Repaving 312 Seal Coat 1 1 techspec.doc TS -5 1 SERIES 300 STREET SURFACE CONTROL (cont.) 313 Rubber Asphalt Joint and Crack Sealant 315 Milling Asphaltic Concrete Pavement 320 Two Course Surface Treatment 340 Hot Mix Asphaltic Concrete Pavement 341 Paving Fabric 350 Heating, Scarifying and Repaving 351 Rejuvenating Agent 360 Concrete Pavement 370 Concrete Pavers 375 Concrete Pavers for Sidewalk Ramps Series 400 CONCRETE AND STRUCTURES 401 Structural Excavation and Backfill 402 Flowable Backfill 403 Concrete for Structures 404 Pneumatically Placed Concrete 405 Concrete Admixtures 406 Reinforcing Steel 407 Fibrous Concrete 408 Concrete Joint Materials 409 Membrane Curing 410 Concrete Structures 411 Surface Finishes for Concrete 414 Concrete Retaining Walls 420 Drilled Shaft Foundations 424 Prestressed Concrete Planks 425 Prestressed Concrete Structures 430 Concrete Curb and Gutter 431 Machine Laid Curb and Gutter 432 Concrete Sidewalks 433 Concrete Driveways 434 Concrete Medians and Islands 435 Concrete Steps 436 Concrete Valley Gutters 438 Elastomeric Materials 439 Parking Lot Bumper Curb 461 Trash and Litter Coffins lechspec.doc TS -6 Series 500 PIPE AND APPURTENANCES 501 Jacking or Boring Pipe 502 Tunneling 503 Frames, Grates, Rings and Covers 504 Adjusting Structures 505 Encasement and Encasement Pipe 506 Manholes 507 Bulkheads 508 Miscellaneous Structures and Appurtenances 509 Trench Safety Systems 510 Pipe 511 Water Valves 551 Pipe Underdrains 558 Structural Plate Structures 559 Concrete Box Culverts 591 Riprap for Slope Protection 593 Concrete Retards 594 Gabions Series 600 ENVIRONMENTAL ENHANCEMENT 601 Salvaging and Placing Topsoil 602 Sodding for Erosion Control 604 Seeding for Erosion Control 605 Soil Retention Blanket 606 Fertilizer 607 Slope Protection 608 Planting 610 Preservation of Trees and Other Vegetation 620 Filter Fabric 621 Diversion 622 Diversion Dike(DD) 623 Dry Stack Rock Wall (DS) 624 Earth Outlet Sediment Trap (EST) 625 Grade Stabilization Structure (GSS) 626 Grass -Lined Swale (GW) 627 Grass -Lined Swale with Stone Center (GWS) 628 Sediment Containment Dike techspec.doc TS -7 Series 600 ENVIRONMENTAL ENHANCEMENT (cont.) 629 Brush Berm Barrier for Erosion Control (BB) 630 Interceptor Dike (ID) 631 Interceptor Swale (IS) 632 Storm Inlet Sediment Trap (IST) 633 Landgrading (LG) 634 Level Spreader (LS) 635 Perimeter Dike (PD) 636 Perimeter Swale (PS) 637 Pipe Slope Drain (PSD) 638 Pipe Outlet Sediment Trap (PST) 639 Rock Berm (RB) 640 Mortared Rock Wall (RW) 641 Stabilized Construction Entrance (SCE) 642 Silt Fence (SF) 643 Stone Outlet Structure (SOS) 644 Stone Outlet Sediment Trap (SST) 646 Tied Precast Revetment Series 700 INCIDENTAL CONSTRUCTION 701 Fencing 702 Removing and Relocating Existing Fences 703 Fencing for Excavations 704 Metal Beam Guard Railing 705 Remove and Relocate Existing Metal Beam Guard Railing 706 Bridge and Culvert Railing 720 Metal for Structures 721 Steel Structures 722 Paint and Painting 723 Structural Welding 725 Survey Markers Series 800 URBAN TRANSPORTATION 801 Construction Detours 802 Capital Improvement Project Signs 803 Signs and Traffic Handling 824 Traffic Signs 825 Street Name Signs 842 Pull Boxes techspec doc TS -8 Series 800 URBAN TRANSPORTATION (cont.) 843 Ducts 860 Pavement Marking Paint (Reflectorized) 861 Thermoplastic Pavement Markings 863 Reflectorized Pavement Markings 864 Abbreviated Pavement Markings 865 Nonreflectorized Traffic Buttons 866 Jiggle Bar Tile 867 Epoxy Adhesive techspec.doc TS -9 7.0 SPECIAL MATERIALS SPECIFICATIONS 1.0 OUTFIELD & FOUL LINE FENCING 2.0 General Requirements Work under this Section of the Specifications shall include furnishing of all labor, materials, and equipment necessary to perform all operations in connection with the furnishing and complete installation of all fencing, as shown on the Plans and indicated in the Specifications. 3.0 Quality Assurance Provide fences and gates complete, including all erection accessories, fittings, and fastenings. 4.0 Qualification of Installer Installer must be experienced in installation of this type. Installer must examine conditions under which fence and gates are to be installed. Notify the City of Round Rock in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with work until unsatisfactory conditions have been corrected in a manner acceptable to the Engineer and Owner. 5.0 Submittals Submit shop drawings, including details illustrating fence height, size of all posts, rails, braces, gates, footings, and accessories to the City of Round Rock for approval. 6.0 Products Delivery, Storage, and Handling Deliver materials in the manufacturer's original packaging and with all tags and labels attached and legible. Handle and store materials in such a manner as to avoid damage. 7.0 Materials Posts, gate frames, braces, rails, tension wire, gate latches, wire ties, and gate hinges shall be steel. Post tips and rail ends shall be aluminum, or galvanized pressed steel. Posts, rails, and braces shall be cold rolled, welded steel conforming to ASTM A -446 with a minimum yield strength of 50,000 psi or equal as approved by Engineer and Owner. Three -layer tubing corrosion protection shall consist of: Hot dip galvanized coating after fabrication with 1.0 ± 0.1 ounce of zinc per square foot. 30 ± 15 micrograms chromate. Specialmalerialspec.doc SMS-1 0.5 ± 0.2 mils clear polymer coating. The inside surface of tubing shall be protected by zinc powder coating. Tubing shall be equal to SS -40 tubing by Allied Tube & Conduit Corp. 7.1 Terminal Gate and Corner Posts Minimum 2.875" O.D. weighing a minimum of 4.64 pounds per lineal foot. Set posts 36" into 12" x 40" concrete footings. 7.2 Line Posts Minimum 2.375 " O.D. weighing a minimum of 1.35 pounds per lineal foot. Top rails shall be provided in maximum lengths possible. Provide 6" long couplings at joints. 7.3 Top Rail Minimum 1.66" O.D. weighing a minimum of 1.35 pounds per lineal foot. Top rails shall be provided in maximum lengths possible. Provide 6" long couplings at joints. 7.4 Gates Frames shall be made from minimum 1.66" O.D. pipe. Frames shall be assembled using corner fittings and 5/16" nominal diameter truss rods to prevent sag or twist. Gate fabric shall be the same as required for the remainder of the fence, and shall be securely attached to the gate frame at intervals not exceeding 1' -3 ". 7.5 Gate Hinges Gate hinges shall be of adequate strength for gate with large bearing surfaces for clamping in position. Hinges shall not twist or turn under action from the gate. 7.6 Gate Latches Latches and stops shall be provided for all gates. Latches shall have a center stop, and shall be arranged for padlocking. Center stops shall consists of a device arranged to be set in the concrete paving and to engage the latch plunger bar. 7.7 Post tons Provide hemispherical cast aluminum or galvanized pressed steel post tops for all posts. The post tops shall be provided with a hole suitable for the through passage of the top Specialmaterialspec.doc SMS -2 7.11 Fabric 7.8 Brace Assembly 8.2 Gates rail. Post tops shall fit over the outside of the posts and shall exclude moisture from post interior. All end and gateposts shall be braced horizontally with pipe of minimum 1 -5/8" o.c. and adjustable truss rod. Comer posts to be furnished with two complete brace assemblies. 7.9 Wire Ties Ties shall be 9 gauge galvanized steel wire. Tie fabric to top rail and tension wire at 2' -0" maximum spacing and at 1' -3" spacing on all posts. 7.10 Tension wire Provide spiraled 9 gauge galvanized (0.8 oz. of zinc per square foot) steel tension wire within 3" of bottom of fabric. Fabric shall be 6' -0" high (or 4' -0" as required). 11 gauge galvanized steel wire (not less than 1.2 oz. zinc per square foot of uncoated wire). Provide 2" mesh with knuckled salvage at top of twisted salvage at bottom. 7.12 Concrete Portland cement concrete with minimum 28 day compressive strength of 3,000 psi (five (5) sacks Portland Cement per cubic yard minimum). Furnish 1" maximum size aggregate. Prepare to conform to ASTM C -94. 8.0 Installation 8.1 Fencin Fencing shall be installed in heights and locations shown on the plans. Fabric shall be installed to have the barbed side down in all areas. Outfield and foul line fencing height for little league will be 4 foot high and pony colt and girls softball to be 6 foot high. Gates shall be installed in sizes and locations indicated on the plans. Gate shall be designed so that the free end of each gate shall rest on a concrete footing. One free end of each double gate shall be fitted with a cane bolt which fits into a sleeve in a concrete pad. Specialmatenalspec.doc SMS -3 Cane bolt shall have capability of being locked in "down" position. All gates shall be supplied with a lockable latch. 8.3 Backstop Backstops shall be constructed as to Drawings and Specifications listed. 8.4 Du outs Metal roofing shall be 26 gauge galvanized Tennessee "V" metal roof. Specialmatenal spec.doc SMS -4 1.0 BENCH SPECIFICATIONS 2.0 Frames Shall be of unit - welded 2 -3/8" OD steel pipe construction (0.154 wall thickness) (ASTM A -120). Seat and backrest supports shall be 3/16" x 3" hot - rolled steel bar (ASTM A- 36). Steel angle 1 -1/2" x 3/16" (ASTM A -36) shall be welded to the vertical leg to help prevent leg from twisting in the concrete footer. No mechanical fastening of seat supports, legs or backrest supports shall be permitted. The entire understructure shall be hot - dipped galvanized after fabrication. 3.0 Seat & Backrest Plank Shall be aluminum, fluted, non -skid surface with decal flat NRS Part# P210AL, nominally 2" x 10 ", with actual cross - section dimensions of not less than 1.75" high x 9.5" wide, wall thickness nominally 078" for impact and deformation resistance. Plank shall have two inboard legs equal in height to the two outer legs for maximum support, stability, and resistance to torsion. Plank shall be capable of supporting a live load of 120 pounds per foot when supported on 6' centers. Plank shall be of aluminum alloy 6063 - T6, and have a clear anodic coating 204R1) applied in accordance with AAS Standard AA- M10C22A31. 4.0 Endcaps Shall be extruded aluminum, 6063 -T6 alloy, and shall be clear anodized (204R1) AAS Standard AA- MI0C22A31. End caps shall be field installed, mechanically fastened on the underneath side of the plank with rivets to reduce vandalism and damage, and shall have smooth edges for safety. 5.0 Clip Sets Shall adequately connect seat and footplanks to the supporting structure. All planks shall be connected to the supporting structure using four -way adjustable aluminum clips (6063 - T6 alloy) and carriage bolts, nuts, and lock washers of 5/16" steel. Fasteners shall be resistant to rust and be hot dipped galvanize plated. 6.0 Warranty The above shall carry, after proper erection, and under normal conditions for its type structure, the following warranties 1 Year - Failure of structural strength in any component. 5 Year - Anodized finish of seat plank will not blister, crack, peel or flake due to weather, temperature changes, continued exposure to rain, snow, or UV rays from the sun. Specialmaterialspec.doc SMS -5 Complete written warranty available upon request. Specialmaterialspec.doc SMS -6 IRRIGATION SPECIFICATIONS 1.0 Pur ose The City seeks purchase design and construction services for a permanent automatic underground irrigation system for four boys youth baseball fields and two girls softball fields located at Old Settlers Park. PART I GENERAL CONDITIONS 1.0 Terms and Conditions An OWNER'S REP. will review all drawings for compliance to specifications. An OWNER'S REP. will perform all inspections for compliance to specifications. A pre - construction meeting shall take place on the site at least 24 hours prior to construction. In attendance at that meeting shall be the irrigation contractor, the general contractors rep., and the OWNERS REPS. The meeting shall be set up by the irrigation contractor 48 hours prior to the meeting time. 1.1 Irrigation Plan Review An initial plan review will take place one month prior to the scheduled start date for the irrigation system. The contractor shall contact the OWNER'S REP. FOR DESIGN REVIEW to set up the interview. Any corrections noted during the review will be made apart of the construction drawings. A review of the construction drawings will be made prior to construction 1.2 Owner's Rep. For Design Review All design and work performed under this section will be supervised, reviewed and verified by the Director of Parks and Recreation designee noted below. Park Planner, Wade Tomlinson at (512) 218 -5540. 1.3 Owner's REP. For Construction Inspections All construction inspections performed under this section will be supervised, reviewed and verified by the Director of Parks and Recreation designee noted below. The OWNERS'S REP may make unannounced inspections throughout the construction. Parks Supery isor, Maggie Stoecklein at (512) 218 -5540. PART II SMS -7 Special materialspec.doc 1.0 SCOne 2.0 Intent SPECIFICATIONS This specification describes a service to professionally design, construct and provide as- built drawings of an automatic irrigation system for baseball and softball fields owned by the City. The system must be designed in such a way that all of the new boys baseball and new girl softball fields can be watered in a continuous six hour time frame with a precipitation rate of .50" to .70" per hour, at 30 to 45 minutes per station, using irrigation heads that spray a 50' to 70' radius. All irrigation heads and electric valves are to be of the same model and manufacturer. Water meter and backflow prevention location and installation(s) is the responsibility of contractor. Only valves (electric and gate) which are designed and manufactured for the use of reclaimed water shall be used. Layout Design: The designer / installer /contractor is responsible for designing an irrigation system that provides 100% head to head water coverage over all grassed areas within the field of play. Heads lining the perimeter of outfields are not required provided, that heads from the interior of the fields provide 100% water coverage to those areas. Mains and laterals shall be designed in such a way that water flow throughout the system does not exceed five feet per second. The designer is to avoid 90 degreed tums in the mainline and will install two 45- degree tums separated by at least five feet instead. Each head shall have a minimum pressure of 60 psi at base. It is the intent of the City to establish a one -time contract with a responsible bidder to provide engineering and construction services as specified. 3.0 Service Responsibilities The Contractor shall provide, but not be limited to the services defined below: Design and construct to completion irrigation systems for four youth baseball fields and two youth girls softball fields at Old Settlers Park. 4.0 Completion Completion of the project will constitute of an accepted design of the ball field irrigation systems by the OWNERS REP., implementation of the accepted design in construction of the ball field irrigation systems by the OWNERS REP., and the submittal of reproducible as -built drawings of the irrigation systems. 5.0 Turn Over The turnover to the OWNER will occur after all of the completion items have occurred. The warranty period will begin at that time. A written letter stating the warranty period Specialmaterialspec.doc SMS -8 shall be given to the irrigation contractor stating the warranty period it shall be signed by the irrigation contractor and the OWNERS REP. FOR CONSTRUCTION INSPECTIONS. 6.0 Oualifications of Installer A Texas Licensed Landscape Irrigator in good standing, approved by the OWNER or his agent, and who is regularly engaged in installing landscape irrigation systems and has a minimum of 3 years experience will be required for this work. 7.0 Permits The CONTRACTOR shall obtain necessary permits and pay any related fees and taxes required by governing agencies as a part of the base bid. 8.0 Ouality Assurance and Warranty 8.1 Underground work shall be inspected and approved by the OWNER or OWNER'S REP. FOR CONSTRUCTION before backfrlling. Failure of the CONTRACTOR to notify the OWNER or OWNER'S Representative of the progress of the work may result in the CONTRACTOR having to excavate work for inspection any such excavation shall be at the contractors expense. 8.2 If after the bid date non - specified or non - approved product(s) are found to be apart of the construction of the irrigation system, the Owners Representative will require the Contractor to immediately remove them and replace them with the specified part as called for in this document. Any cost associated with removal and parts cost will be paid for by the Contractor. 8.3 Irrigator is to verify all finish grades within the work area in order to ensure the proper soil coverage (as specified) of the sprinkler system pipes. 8.4 The contractor shall warranty installed materials /equipment against defects in materials /equipment and workmanship from their respective manufacturers a period of one year after the system is accepted by OWNER'S REP. As a part of the one -year warranty, the contractor shall immediately repair or replace without cost to the OWNER'S all material and equipment found to be defective due to faulty material or workmanship. As part of the one -year warranty, the irrigation contractor is responsible for damage caused by leaks in the piping systems /faulty equipment and shall make repairs without charge to the Owner. 9.0 Damage to Property 9.1 Repair or replace any property damage inflicted in the course of the irrigation installation without additional charge and before final payment. Included are Specialmaterialspec.doc SMS -9 damages to building, paving, structures, equipment, piping, pipe covering, utilities, sewers, walls, signs, sidewalks and landscaping. 9.2 The Landscape Irrigation Installer is responsible for damage to the system or property caused by others if it is determined to be a result of neglect of professional duty by the CONTRACOR. 10.0 Equipment to be Installed All materials and sprinkler equipment shall be new and unused and should meet all standards specified in PRODUCTS section of this document. 11.0 Substitutions Submit bids on the basis of furnishing the materials exactly as specified. Substitute equipment may be furnished provided it is equal or better than the quality specified in all respects. Acceptance or rejections of any such requests for substitutions will be furnished to the bidders prior to the bid date. 12.0 Inspection, Correction and Approval 12.1 Required Inspections If, in the opinion of the CONTRACTOR, all or portions of the contracted work has been satisfactorily completed, a site inspection will be made by the CONTRACTOR to OWNER or OWNER'S Representative. The Contractor shall notify the OWNER'S REP FOR INSPECTIONS 24 hours prior to the inspections. The OWNER'S REP or appointee shall conduct the inspection within 48 hours of verbal or written notice. The OWNER or OWNER'S Representative will prepare a written "punch list" of work found unsatisfactory or incomplete. All work on "punch list" must be satisfactorily completed before CONTRACTOR requests final approval. If final approval is denied, the OWNER or OWNER'S Representative will revisit the site for one more inspection without charge to the CONTRACTOR. Should the OWNER or OWNER'S Representative be required to visit the site for any additional inspections, the CONTRACTOR will be responsible for the time and travel expenses bome by the OWNER or OWNER'S Representative based on the prevailing per diem or hourly rate charged by the OWNER or OWNER'S Representative. 12.2 The irrigation contractor shall notify the OWNER'S REP FOR INSPECTIONS to inspect the following construction phases: Specialmatenalspec.doc 12.2.1 Water Meter and Backflow location and installation. 12.2.2 Flagged Head Layout. SMS -10 12.2.3 Trench depth (prior to installing laterals or main). 12.2.4 Valve trench (prior to installing valves, laterals or mains). 12.2.5 Controller Location and installation. 12.2.6 Backfill. 12.2.7 System performance. 12.3 When the sprinkler system is complete, the installer, in the presence of the OWNER or OWNER'S Representative, will perform a test of water coverage in all the areas designated for irrigation. PRODUCTS 1.0 Pipe and Tube 1.1 PVC Pine All polyvinyl chloride (PVC) pipe shall be continuously and permanently marked with the following information: manufacturer's name, production control number, class of schedule number, type and grade of material and pipe size. 1.2 Pressure Mains 1.2.1 3/4 inch through 4 inch PVC is to be Schedule 200 PVC or Class 40 PVC 1.2.2 Tubing or piping exposed to sunlight is to be Brownline UVR/PVC or approved equal. 1.3 Laterals Class 200 PVC with integral solvent weld bell end, solvent weld coupling. 1.4 Visible Pipe and Visible Fittings 1.4.1 General: Brownline UVR/PVC. 1.4.2 Threaded risers and nipples: Schedule 80 PVC, 6" minimum length 1.4.3 PVC Cement: as recommended by the manufacturer. 1.5 Buried Sleeves 1.5.1 2 inch and smaller: schedule 200 PVC. Specialma[erialspec Aoc SMS -11 1.5.2 Larger than 2 inches: Class 40 PVC. 1.5.3 Conduit, schedule 200 PVC. 2.0 Gate Valves Only brass valves that are suitable for dirty water applications are to be used. Gate Valves, as manufactured by Nibco, Matco - Norca, or approved equal. 3.0 Valve Boxes Plastic Box with locking lid. AMETEK, Brooks, Carson, Hefco, DFW Plastics or approved equal. Rectangular for remote control valves and back flow. Round for gate valves. 4.0 Clamps Stainless steel screw clamps sized to fit purpose. 5.0 Control Wire 5.1 Specifically designed for direct burial use, Type OF with copper conductor, size as necessary to provide for valve and solenoid performance. 5.2 Use white jacket for common and different color -coded wires (as available) for individual control lines. 5.3 Size of conductor shall meet requirements of installation instructions of manufacturer of valves and controllers. 6.0 Wire Connectors Spears Dry- Splice, Penlite, King Technology, Model King -6 or equal. 7.0 Thrust Blocks 2,500 psi/ 28 day concrete. Quickcrete concrete mix or equal. 8.0 PVC Fittings 8.1 Use molded PVC fittings of the same material and pressure rating or schedule as the adjoining PVC pipe. Use fittings suitable for solvent weld, slip -joint ring connections or screwed connections as required to properly join PVC pipe. 8.2 All fittings not shown on details or plans but are necessary in the proper function of the irrigation system will be apart of the bid and contract. Special materialspec.doc SMS -12 9.0 Swing Joints 12 inch PVC double swing joints with appropriately sized openings shall be manufactured by Lasco, KBI, or approved equal. 10.0 Remote Control Valves Automatic remote control valves shall be manufactured for dirty water use and shall be Hunter HBV series, Weathermatic 8000, Buckner VB series, or approved equal. 11.0 Other Valves Quick coupling valves: one inch 470 series by Toro, Hunter HV -144 -RL (using HK -100 key), Buckner Bronze 25000 series, or approved equal. Provide one key per quick coupler. 12.0 Irrigation Heads Spray heads are to be hydraulically gear driven. They shall have a pop -up height of 3 1/2" to 4 1/2 ", Inlet of 1 ", Spray Radius 50' to 70', Max pressure range 100 psi, matched precipitation rates .23 "to .57 "/hour. Nozzle trajectory: 25 °. Hunter I -25 Commercial duty rotor, Nelson 7000 series, or approved equal. 13.0 Automatic Controller Irritrol, Rainbird, Weathermatic or approved equal. Size as needed to accommodate all required stations plus at least two open stations. Controller shall run on a 24 -hour clock with a seven -day calendar. All stations shall be able to run continuously for 30 to 45 minutes. 14.0 Backflow Prevention Devices Flowmatic or Zurn/Wilkins brand or approved equal size as necessary to minimize psi loss. 15.0 Gravel The gravel is to be 1 / inch to 3 /d inch in diameter, clean washed and without the presence of foreign materials. 1.0 INSTALLATION 1.1 Water Supply Specialmaterial spec.doc EXECUTION SMS -13 Specialmatenalspec.doc Designer / installer /contractor is to get a written statement of water pressure from the City of Round Rock prior to beginning design. Contractor is to verify water pressure prior to beginning construction. Contractor shall connect to the existing water loop within the park. 1.2 Standard Installation The designer / installer /contractor shall perform all work and provide material in accordance with the local codes and ordinances in force at the job site. 1.3 Utilities The designer / installer /contractor is responsible for locating all underground utilities, noting them on the design, and avoiding them during construction. The city assumes no responsibility for damage to utilities. 2.0 Excavation 2.1 Trenches 2.1.1 Provide trenches of sufficient depth to provide a minimum cover above the top of the pipe as follows. Over Main Lines: 18 inches Over Lateral Lines: 15 inches 2.1.2 Dig trenches no wider or deeper than is necessary to lay pipe, provide free working space around work installed, and provide ample room for backfilling and compacting. Compact trench bottoms to provide a uniform bearing surface the full length of the line. 2.1.3 Backfill and hand tamp any over - excavation prior to installing the pipe. 2.1.4 Keep trenches free of debris that would damage pipe such as rocks, roots and dirt clods. 2.1.5 Clearly and visibly, flag all open trenches, holes, and depressions until adequately filled or repaired. 2.1.6 Rather than cut roots larger than 3 inches, work piping around them. Hand trench in trench areas under the dripline of existing trees. All cuts to existing roots shall be smoothly made using a clean saw. 2.1.7 When needed, incorporate all trench safety requirements for trenches over 4 feet in depth. SMS -14 2.2 Valve Trench Specialmaterialspec.doc Dig valve trenches to the size necessary to provide free working space. Excavate to the depth necessary to contain the valve box, valve and six inches of gravel below the bottom of valve or backflow preventor. Compact trench bottoms to provide a uniform bearing surface the full length of the line. Top surface of valve box is to be level with immediate surrounding soil or surface. 3.0 Pipe Fittings and Assembly 3.1 Clearances 3.1.1 Maintain the following clearances between lines. Shared trenches are unacceptable for mainlines and laterals with out proper clearances. 3.1.1.1 Pipe 2 inches and smaller: 4 inches 3.1.1.2 Other Services: 12 inches minimum. 3.1.1.3 Maintain minimum 2 -inch vertical clearance between lines that 3.2 Piping Erection cross. 3.2.1 General The Installer is responsible for being familiar with any and all trade methods of assemblage, joining and installation of various types of pipe to be used. Adhere in strict accordance with the manufacturer's recommendation. 3.2.2 Polyvinyl Chloride (PVC) Pipe 3.2.2.1 Exercise care in handling, loading, unloading and storing plastic pipefittings. 3.2.2.2 Snake pipe in trench from side to side to allow for expansion and contraction of it. Do not lay pipe when there is water in trench or when temperature is 32 °F or lower. 3.2.2.3 Make all changes in direction of pipe with fittings, bending pipe is unacceptable. 3.2.2.4 Solvent Joints Make sure pipe is cut square and all connecting surfaces are properly clean and dry. Apply an even coat of solvent to the SMS -15 3.3 Thrust Blocks outside of the fitting. Insert the pipe quickly into the fitting and turn pipe approximately ''A turn to distribute the solvent and remove air bubbles. Hold the joint for approximately 15 seconds so the fitting does not push off the pipe. Using a clean rag, wipe off all excessive solvent to prevent weakening at joint. Exercise care in going to the next joint so that the pipe is not twisted, thereby distributing the last completed joint. Allow at least 15 minutes set -up time for each solvent welded joint before moving. 3.3.1 One cubic foot of redi -mix concrete or minimum one cubic foot or thrust block. 3.4 Swing Joints All quick coupler valves and irrigation heads shall receive one double swing joint assemblies. The assembly shall not exceed a 45- degree angle from the lateral pipe. 4.0 Control Wiring 4.1 Lay wiring from the remote control valves to the controller along the supply mains whenever possible. 4.2 Install wire with slack to allow for thermal expansion and contraction. 4.3 Splice wire with mechanical connectors encased in a self -curing epoxy resin, which provides a permanent watertight connection. 4.4 All wiring under pavement shall be installed in PVC sleeves. When adequate room exists, it may be installed in sleeves also carrying main lines or laterals. 5.0 Valves 5.1 Install valves (Gate and Electric) in a plumb position with sufficient clearance for service and operation. Install remote control valves plumb to within 1/8 of an inch. Size as necessary to minimize PSI loss through valve or match connecting mainline or lateral pipe size. 5.2 Install valves so that the top of the valve assembly is no more than 12 inches below the top of the valve box. Adjust normal installation in accordance with standard practices as needed. Size box to allow for total containment of the valve within the box and for 6" of gravel base. Top of valve should be no less than 12" below bottom of lid. Specialmatenalspec, doc SMS -16 5.3 Provide and place gravel to a depth of 6 inches beneath each valve and contained within valve boxes. Install manual, electric and gate valves in adequately sized valve boxes. Valve box lids are to be installed flush with proposed grades and level. 6.0 Backflow Prevention Devices Install the backflow device in an adequately sized valve box separate from the water meter. The valve is to be level, six inches below the lid and placed resting on a six -inch deep gravel bed. Install one double check valve backflow preventor size as necessary to provide less than 4 -psi loss through double check valve when one station is open. 7.0 Sprinkler Heads and Quick Coupling Valves 7.1 Install heads plumb to within 1/8 of an inch. 7.2 In turf areas where grass has not yet been established, CONTRACTOR will be responsible for adjusting heads to their permanent positions flush with final grades after sod or turf is established. 7.3 Set heads adjacent to roads or walks 6 inches from pavement edge and use swing joint assemblies in these areas. 7.4 Clean all sprinkler heads before placing system in operation. 7.5 Adjust direction of throw where necessary to provide coverage required and to minimize over spray onto sidewalks and paving. 7.6 Throttle flow on heads to avoid throwing excessive amounts of water on buildings and other structures. 7.7 Change nozzles as necessary to adapt to site conditions, or as directed by OWNER or OWNER's Representative. 7.8 Install all emitter and tubing above ground and under planting bed mulch. 7.9 Prior to installing irrigation heads, the contractor is to flush laterals and mains to remove rocks, dirt and debris. 8.0 Automatic Controller 8.1 Install according to manufacturer's specifications. 8.2 Location of controllers and power requirements are to be reviewed with the OWNER'S Representative prior to installation. Specialmaterialspec.doc SMS -17 8.3 One controller shall control all new boys baseball fields. The boys baseball controller shall be located in the existing utility room in the concession stand for boys baseball. All trenching, concrete /asphalt cutting shall be apart of the contract. All electrical connections, from within the building, to the controller shall be apart of the contract. Existing conduit to the inside of the building may be in existence and can be utilized provided there is ample room for all wiring to be pulled through one conduit. Locate controller on wall, provide all necessary electrical supply from within the building, and connect to the controller. Height of controller must comply with ADA guidelines. 8.4 One controller shall control all new boys baseball fields. The girls softball controller shall be located in the existing utility room in the concession stand for girls softball. All trenching, concrete /asphalt cutting shall be apart of the contract. All electrical connections, from within the building, to the controller shall be apart of the contract. Existing conduit to the inside of the building may be in existence and can be utilized provided there is ample room for all wiring to be pulled through one conduit. Locate controller on wall, provide all necessary electrical supply from within the building, and connect to the controller. Height of controller must comply with ADA guidelines. 9.0 Sleeves Provide new sleeves for all locations where new sleeves are needed as directed by OWNER or OWNER'S Representative and as shown on the plans. Install new sleeves prior to pavement or wall installations. 10.0 Asphalt/Concrete Cutting and Patching 10.1 Asphalt cuts to create trenches for placement of sleeves shall have width of at least 2 inches wider than outside dimension of sleeve pipe. 10.2 Sleeving shall backfield with washed, fill sand at a depth sufficient to permit specified asphalt patching to occur. 10.3 The thickness of asphalt patching shall be 2 inches below which shall be placed poured concrete having a thickness of 3 inches. 11.0 Inspection, Testing and Approval Do not enclose or cover any work until it has been inspected, tested and approved. 11.1 Hydrostatic Piping Test 11.1.1 In the presence of the OWNER or OWNER'S Representative, hydrostatically test the main line to 100 PSI before backfilling. Test Specialmaterialspec.doc SMS -18 period shall not be less than (1) hour and will be witnessed by OWNERS REPRESENTATIVE. 11.1.2 Test is acceptable if no leakage occurs during test period or as determined by OWNERS REPRESENTATIVE. 11.1.3 Repair all leaks and retest system for another hour period if necessary. Continue this procedure until leaks are repaired. 11.2 Operation Test 11.2.1 After sprinkler heads are installed, test the system for coverage in the presence of the OWNER or OWNER'S Representative. 11.2.2 Test is acceptable if system operates satisfactorily, with uniform coverage in all irrigated areas. 11.2.3 Make minor modifications to the system without charge. Such modifications shall include adjustment of spray direction, resetting height of heads, change -out of arc and radii nozzles, and minor head relocations (less than 12 inches in any direction) to avoid obstructions, change -our of pip -up heights and installation of risers when necessary to avoid plant blocking. 12.0 Cleanup & Backfill 12.1 Maintain a clean work area at all times during the progress of the work within reasonable limits of the installation area. At the end of the workday, immediately remove all rubbish, debris, etc., from work site and dispose of off property. 12.2 Upon completion of the work, remove all construction and installation equipment from the premises. Backfill irrigation trenches with soil that has been stockpiled from the excavation. Remove excess roots, rubbish and rocks or stone. Backfill enough soil to accommodate settling and allow a level surface with surrounding soil level. 12.3 Immediately replace and thoroughly hand water any plant material and ground cover, which may be displaced during installation. specialmaterialspee.dac SMS -19 8.0 PLANS, DETAILS & NOTES PLANS, DETAILS & NOTES 1.0 GENERAL DESCRIPTION The work covered by the Plans listed in this section consists of furnishing all labor, equipment, materials, and performing all operations in connection with the construction of the 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 2.0 PLANS plans.doe The construction drawings listed below form a part of the Contract Documents: Sheet Index Sheet No. Description 1 Cover Sheet 2 Site Grading, Baseball/Softball Fields (Sheet 1), Water Improvements and General Notes 2a Construction Grid Baseball Fields 3 Site Grading, Baseball/Softball Fields (Sheet 1), Water Improvements and Erosion & Sedimentation Control Details 3a Construction Grid Softball Fields 4 Baseball/Softball Field Details and Notes 5 Miscellaneous Details 6 Utility Details PDN -1 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND postbid.doc PBD - Bond #72- 0125- 40244 -99 -7 KNOWALL MENBYTHESE PRESENTS: ThatC. C. Carlton Industries,T,rdQf the City of Austin ' County of Travis , and State of TSXSG , as Principal, and rideliti Guaran th iPiz 1 6&a&ti(fer the law of the State of Texas to act as Underwrters, Tns surety on bonds for principals, 11�rare held and firmly bound unto THE CITY OF ROUND ROCK, JL 'd - p r e Tni y r) 'Two tandp60 /1 sum of F Hundred Seventy - Five Thousand Five oars 475.532.60 ) or the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 30th day of Senremhpr , 19 gq to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 1999 Site Grading and Baseball /Softball Fields Improvements (Phase 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, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. *Mailing Address: 221 E. Main ST #201, Round Rock, TX 78664 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30th day of September , 19 99. C. C. Carlton Industries, Ltd. Fidelity and Guaranty Insurance Surety Underwriters, Inc. Principal By 612 Brazos #210 Address Resident Agent of Surety: William H Pitta, Jr Printed Name %Summit Global Partners of Taxers Tnr Address PO Box 2291 Austin, TX 78768 City, State & Zip Code Signature postbid.doc PBD - Aldba4 - ,t1. By William H. Pitts, Jr. Title %Summit Global Partners of Texas, Inc. Address Pn linx 7791 Austin, TX 78768 THE STATE OF TEXAS Bond #72- 0125- 40244 -99 -7 PAYMENT BOND COUNTY OF WILLIAMSON a KNOW ALL MEN BY THESE PRESENTS: That C. C. Carlton Industries, LoY [he City of Austin County of Travis and State of Texas as Principal, and tine it and fd`ui1 adartifec&vVP8f fffAt$tre�sof Texas to act as Surety on Bonds for Principals, are held and finely bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Four Hundred Seventy - Five Thousand Five Hundred Thirty - 9tan and 611/100__ Dollars ($ 475, 532.60 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 30th day of September , 19 99 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 1999 Site Grading and Baseball /Softball Fields Improvements (Phace 1) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbid.doc PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 30th day of September ,1999 C. C. Carlton Industries, Ltd, Principal By Title Title 612 Brazos 11210 %Summit Global Partners of Texas, Inc. Address Address Austin TX 78701 PO Box 7791 Resident Agent of Surety: William H Pitt¢. .1r Printed Name %Summit Global Partners of Taxac, Inn Address PO Box 2291 Austin, TX 78768 City, State & Zip Code Signature postbid.doc PBD -6 Fidelity and Guaranty Tncurenne Surety Underwriters, Inc. B William H. Pitts, Jr. Attorney -in -Fact Austin, TX 78768 Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 625 Know all men by these presents: That Fidelity and Guaranty Insurance Underwriters. Inc, a corporation organized and existing under the laws of the State of Wisconsin and having its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint William R, Pitts , Jr., Norman P. Rolling, John W. Wagner, James 0. Schnell, Rose Marie Boriskie, Glenn Richards, Emily Mikeska and Roberta Jones of the City of Aus tin , State of Texas ins true and lawful Attomeyls) -in -Fact, each in their separate capacity if more than one s named above, to 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 or proceedings allowed by law, In Witness Whereof, the said Fidelity and Guaranty Insurance Underwriters. Inc, has caused this instrument to be sealed with its corporate seal. duly attested by the signatures of its Vice President and Assistant Secretary, this 2nd day of October • All 79 98. Fidelity an G urance Underwriters, Inc (Signed) B/.... d .... .........._.__....._.._..- ----• FS 8114/981 (Signed) By.... .:..�f...].. State of Maryland 1 Baltimore City SS: On this 2nd day of Oct ober, " " """A''Diii�t4,,��$��,W " , before mepp��,���ly came Peter - Nice President of Fidelity and Guaranty Insurance Underwrites, Inc. and Thomas E Huibregtse. Assista y�r�ry of said Co_ both of wh personally acquainted. who being by me severally duly sworn. said, that they. the said Peter Carman and `t E Huibregtse vre(ydspectively the Vi ent and the Assistant Secretary of the said Fidelity and Guaranty Insurance Underwriters, Inc, the co rdn described i vrhrcb executed Inc Power of Attorney. that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was sun f "te seal. that it ffixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President stant Secrete ly, of the Company. My Commission expires 1st 9aRpf kYua s (Signed) By. Vice President rstam Secretary This Power of Attorney o granted under and b authority of the following Resolutions adopted by the Board of Directors of the Fidelity and Guaranty Insurance Underwriters, lac. September 24. 1992: Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contacts and other instruments relating to said business may be signed. executed. and acknowledged by persona or entities appointed as Attamey(sf-ln -Fact pursuant to a Power of Attorney .issued m 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 Executive Vice President or a Senior Vice President, or a Yoe President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary. under then respective designations. The signature of such offices may be engraved. printed or lithographed. The signature of each of the foregoing officers and the seal of the Compa ny may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing AttorneyfsFin- 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 poem so executed 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 it s validly attached. Resolved, That Attomeylsl -in -Fact shall have the pourer and authority. and, in any case. subject to the terms 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 Artorney(s)-in -Fact shah be as binding upon the company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. l Thomas E Huibregtse, an Assistant Secretary of the Fidelity and Guaranty Insoraoce Underwriters. loc. 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 force and effect. l the undersigned Assistant Secretary of the Fidelity and Guaranty Insurance Underwriters. Inc.. do hereby certify that the foregoing Power of Attorney B in full force and effect and has not been revoked. In Testimony Whereof, have reum Underwriters, o set my hand and the seal of the Fidelity and Guaranty Unde Inc- on this 3/ • day of , n , 19F7 istant Secretary 95750 S F +G' I I S M I C E U S F a G INSURANCE IMPORTANT NOTICE 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 - 3429 You may write the Texas Department of Insurance: P 0 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 the company' first.. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a. part or condition of the attached document. CERTIFICATE CIF LIABILITY INSURANCE PRODUCER Summit Global Partners, Inc., - Austin P 0 Box 2291 Austin, TX 78768 -2291 INSURED City of Round Rock C c/o C. C. Carlton Industries, Ltd. 612 Brazos, #210; Austin, TX 78701 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY Owners /Contractors Protective Liabiity BINDER87554 10/01/99 postbid.doc AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land PBD - 7 COMPANIES AFFORDING COVERAGE A Continental Casualty Company B GENERAL AGGREGATE ..1,000,000 PRODUCTS- COMP /OP AGG. $ 10 /01 /00 PERSONAL &ADV.INJURY $ EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S EACH OCCURRENCE AGGREGATE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS /EXCEPTIONS 1999 Site Grading and Baseball /Softball Fields Improvements (Phase 1) The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED PRES NTATIVE TypedName:Wi l l iam H. Pitts. .Tr. Title: Vice President Date: 10/01 /99 EACH ACCIDENT S DISEASE - POLICY LIMIT $ DISEASE -EACH EMPLOYEE 8 CERTIFICATE OF LIABILITY INSURANCE Date: 10/01/99 PRODUCER COMPANIES AFFORDING COVERAGE Summit Global Partners, Inc. - Austin P 0 Box 2291 A American Casualty Company of Reading, PA Austin, TX 78768 -2291 B United National Insurance Company INSURED C. C. Carlton Industries, Ltd. C Transcontinental Insurance Company 612 Brazos #210 Austin TX 78701 D Hartford Casualty Insurance Company THIS IS TO CER THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE A GENERALLIABILITY C168694272 04/08/00 04/08/00 GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP /OPAGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Any one person) $ 10,000 A AUTOMOBILELIABILITY C1088894296 04/08/99 04/08/00 COMBINEDSINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ n/a BODILY INJURY (Per accident) $ n/ a PROPERTY DAMAGE $ n/a B EXCESS LIABILITY CU43449 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 c WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS YES WC168683301 04/08/99 04/08/00 EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 D OTHER Builders Risk (All Risk) 65MSGX4798 09/01/98 04/08/00 $475,532 Subject to $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS RE: 1999 Site Grading and Baseball /Softball Fields Improvements (Phase 1) The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock SIGNATURE OF A ORIZED • ' • NTATIVE 221 E. Main Street postbid.doc Round Rock, Texas 78664 attn: Joanne Land PBD - 7 Typed Name: William H. Pitts, Jr. Title: Vice President f� 1L 09 - 2.3 -ior�l RECEIVED APR 1 0 Liiuli CERTIFICATE CIF LIABILITY INSURANCE Date: 4 -8 -00 PRODUCER COMPANIES AFFORDING COVERAGE Summit Global Partners, Inc. - Austin P 0 Box 2291 A American Casualty Company of REading, PA Austin, TX 78768 -2291 B United National Insurance Company INSURED C. C. Carlton Industries, Ltd. _ C Transcontinental Insurance Company 612 TX Y g Brazos #210 Au D H Casualty Insurance Company 78701 P Y THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE A GENERAL LIABILITY 0168694272 4/08/00 4/08/01 GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP /OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 A AUTOMOBILE LIABILITY 1068694296 4/08/00 4/08 - 01 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ B EXCESS LIABILITY postbid.doc 1098701331 4/08/00 4/08 - EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS 1068683301 4/08/00 4/08 - 01 CERTIFICATE HOLDER: City of Round Rock 221E. Main Street Round Rock, Texas 78664 atm: Joanne Land PBD -7 MED. EXPENSE (Any one person) $ 5,000 EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE -EACH EMPLOYEE $ 1,000,000 OTHER Builders Risk (All Risk) 65MSGX4798 4/08/00 4/08/01 $4,000,000 Subject to $2500 Deductible DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS RE: 1999 Site Grading and Baseball /Softball Fields Improvements (Phase 1) The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGN TURE OF AUTHORIZED RESENTATIVE . -: Typed Name: William H. Pitts , Jr. Title: Vice President * * * * * * * * * * * * * ** -COMM. JOURNAL- * * * * * * ** * * * * * * * * * ** DATE APR -10 -2000 * * * ** TIME 09:55 * ** P.01 MODE = MEMORY TRANSMISSION FILE NO.= 197 STN NO. COM ABER N0. 001 OK (07> 002 OK (OS> RODUCER Summit Global Partners, Inc. - Austin P 0 Box 2291 Austin, TX 78768 -2291 STATION NOME /TEL.NO. PAGES DURATION FINANCE PUBLIC WORKS ***** ** * * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 5122107097 ;ERTIFICATE OF LIABILITY INSURANCE .9. AUTOMOBILE LIABILITY 1068694296 4/08/00 4/08 -01 B EXCESS LIABILITY CERTIFICATE HOLDER: City of Round Rock 221 E. Main Saect Round Rock, Texas 78664 atm: Joanne Land • 1098701331 4/08/00 4/08 -01 PBD - 7 START = RPR -10 09:53 END = RPR -10 09:54 001/001 00: 00'35' 001/001 00:00'35' -CITY OF ROUND ROCK - - * * * ** - 5122107097 * * * ** * * ** RECEIVED APR I u LIAM Date: 4 -8 -00 COMPANIES AFFORDING COVERAGE A American Casualty Company of REading, PA B United National Insurance Company C Transcontinental Insurance Company 4SURED C. C. Carlton Industries, Ltd. Austin 612 Brazos #210 D Hartford Casualty Insurance Company - HIS IS TO CER"� TX 7570 IFY THA� the Insured named above is insured by the Companies listed above with respect to the usiness operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard olioies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. :0 TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS ,YR NUMBER DATE DATE A GENERAL LIABIUTY C168694272 4/08/00 4/08/01 CENERALAGGREOATE S 2,000,000 PRODUCTS-COMP /OP AGO. S 2,000,000 PERSONAL k ADV. DJn1RY 1 1,000,000 EACH OCCURRENCE s 1,000,000 FIRE DAMAGE (Any one Em) S 100,000 MED. EXPENSE (Ads one Person) s 5,000 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY (P.M..) $ BODILY INJURY (Per ...dent) S PROPERTY DAMAGE S EACH OCCURRENCE AGGREGATE C WORRERS COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS 1068683301 4/08/00 4/08 - 01 EACH ACCIDENT msE.r SE - POLICY UNIT DISEASE EACH EMPLOYEE OTHER Builders Risk (All Risk) eaann n i61e 65 MSGX494S — . - ..4/98/95- -4/08/01-- 54- .000,00a Subject. to DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMSJF](CEPTIONS RE: 1999 Site Grading and Baseball /Softball Fields Improvements (Phase 1) The City of Round Rock is named as additional insured with respect to all policies exceptWorkers' expiration I nd Employers' Liability. Should any of the above described policies by cancelled or chang ed before the thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGN .TORE OF AUTHORIZED ' RESENTATIVE Typed Nmn, William R. Pitta, Jr. Title Vice President s 5,000,000 S 5,000,000 1 1,000,000 s 1,000,000 S 1,000,000 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Summit Global Partners of Texas, Inc.- Austin P.O. Box 2291 Austin, TX 78768 -2291 INSURED C.C. Carlton Industries, Ltd. 612 Brazos, #210 Austin, TX 78701 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER GENERAL LIABILITY A TCP1068694282 04/08/01 D AUTOMOBILE LIABILITY BUA1068694296 04/08/01 04/08/02 EXCESS LIABILITY 1098701331 04/08/01 04/08/02 B WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY C 150002246 12/01/00 OTHER (All Risk) 65MSGX4798 04/08/01 Builders Risk Hartford Casualty Insurance Company DATE DATE 0 4/08/02 1 2/01/01 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS /EXCEPTIONS CERTIFICATE HOLDER City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land postbid.doc COMPANIES AFFORDING COVERAGE A American Casualty Company of Reading, PA B Continental Casualty Company C Eagle- Pacific Insurance Company D Transportation Insurance Company 04/08/02 $4,000,000 Subject to $2,500 Ded. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. PBD -7 SIGNATURE Title: LIMITS GENERAL AGGREGATE PRODUCTS - COMP /OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accidenr) PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE Vice President Date: '04/06/01 5 MED. EXPENSE (Any one person) S F A • ORIZED ' ;tr SE TATIVE Typed Name: William H. Pitts, Jr. 2,000,000 2,000,000 1,000,000 1,000,000 100,000 5,000 S 1,000,000 $ s 5,000,000 $ 5,000,000 s 1,000,000 s 1,000,000 S 1,000,000 RESOLUTION NO. R- 99- 09- 23 -10B1 WHEREAS, the City of Round Rock has duly advertised for bids for the construction of four youth baseball fields and two youth softball fields at Old Settlers Park at Palm Valley, and WHEREAS, C.C. Carlton Industries, Ltd. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of C.C. Carlton Industries, Ltd., 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 C.C. Carlton Industries, Ltd. for the construction of four youth baseball fields and two youth softball fields at Old Settlers Park at Palm Valley. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of Se ember 1999. 4 / .I! Rer'T A. STLUKA, JR Mayor ST: City of Round Rock, Texas I A I E LAND, City Secretary %:\ WPDOCS \RR$OLITTI \R9092381.WPD /scg BAKER -AICKLEN & ASSOCIATES, INC. Engineers /Surveyors September 17, 1999 Ms. Sharon Prete Director of Parks and Recreation City of Round Rock 605 Palm Valley Blvd. Round Rock, TX 78664 RE: 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) Dear Ms. Prete, As you are aware, bids were opened at 2:00 p.m., Tuesday, September 14, 1999 for the 1999 Site Grading and Baseball/Softball Fields Improvements (Phase 1) project. A total of five (5) bids were received, with the lowest bid submitted being from C.C. Carlton Industries, LTD Austin, TX in the amount of $475,532.60. A complete bid tabulation is enclosed for your review. Based upon their references, past experience record and submission of the lowest and best bid, we recommend award of this contract to C.C. Carlton Industries, LTD in the amount of $475,532.60. If you have any questions or comments, please feel free to call at your convenience. Sincerely, Garrett J. Tuttle, P.E. enclosure cc: Jim Nuse, P.E., Public Works Director C. Craig Carlton, Manager, C.C. Carlton Industries 203 E. Main St., Suite 201 • Round Rack. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 1999 Site (trading and Baseball/Softball Fields Improvements (Phase 1) City of Round Rook Job Number: 601.523 Bid Date: September 14, 1999 Project Location: Round Rock Williamson County, Toms B1dToOWanrn.W 9/15/90 8;29441 BakerA1elrn &Aanelo.,, ten. I s 5 11 q I I Ili I 1 1! 11 $ c l! 1 P x a $gli f if i ;1 ii; 31 . 1! OJ 1 S w C 5 m id hi I H I h!I j C.C. Carlton Industrie., LTD Austin, TX RGM Construe-tore, LP PBugensie, TX Tim McCall Coamrgion, Inc. Round Rock, TX Chaeco Contracting Round Rock, TX Big Dog Construction Ins. Austin, TX Bid Bond? Yea Bid Bond? Yea Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Addendum Yes Addendoms Yea Addendum Yoe Addendum. Yes Addendum Ya Quantity Unit Unit Price Cost Unit Pilo. Cost Unit Price Cost Unit PRee Cat Unit Price Cost 1 LS $ 43,000.00 $ 43,000.00 S 44,750.00 4 84,750.00 $ 42,051.84 $ 42,051.84 1152,000.00 $ 152,000.00 1 83,125.00 $ 83,125.00 575 CY $ 20.00 S 11,500.00 S 29.00 $ 16,675.00 5 ` 40.73 S .:23,459 1 30.00 1 17,250.00 $ 22.50 $ 12,937.50 157 CY $ 180.00 S 28,260.00 1 58.00 S 9,106.00 $ 225.16 $ 35,350.12 S 300.00 $ 47,100.00 S 178.00 $ 27,946.00 766 SY S 4.00 $ 3,064.00 $ 3.00 $ 2,298.00 $ 3.79 S' 2,903.14'. $ 3.60 S 2,757.60 $ 9.50 $ 7,277.00 1,911 CY $ 20.00 $ 38,220.00 5 14.00 $ 26,754.00 $ 30.53 8 08,342.03t S 28.00 $ 53,508.00 S 18.00 $ 34,398.00 17,369 SY S 0.40 5 6,947.60 $ 1.00 S 17,369.00 $ - 0.23 1 3,994.87: $ 0.25 $ 4,342.25 $ 0.60 1 10,421.40 12 EA $ 5,400.00 S 64,800.00 S 5,600.00 $ 67,200.00 $ 6,986.89 5 83,842.68 $ 3,600.00 S 43,200.00 $ 9,500.00 $ 114,000.00 7,128 SF S 4.00 S 28,512.00 $ 5.00 $ 35,64000 5 .;r. '5,5 $ - 99,63 $ 4.00 1 28,512.00 $ 7.50 S 53,460.00 14,720 SF $ 4.50 $ 66,240.00 $ 4.00 $ 58,880.00 $ - 4.04 S 59,16$.80; $ 4.20 $ 61,824.00 5 8.25 $ 121,440.00 420 LF $ 55.00 $ 23,100.00 1 46.00 $ 19,320.00 S -: 43.44 $ 19,084.80:' $ 52.00 $ 21,840.00 $ 85.00 $ 35,700.00 240 LE $ 28.00 S 6,720.00 S 28.00 S 6,720.00 $ 25.63 $ 6,151.20 0 22.00 $ 5,280.00 S 27.50 S 6,600.10 400 LF $ 16.00 S 6,400.00 $ 16.00 S 6,400.00 S 16.31 $ 6,524.00 S 13.50 S 5,400.00 $ 18.00 $ 7,200.00 1,226 LF $ 10.00 S 12,260.00 $ 14.00 S 17,16400 5 is 11,36 $'. 33,9$7.36. 0 9.50 S 11,647.00 S 12.00 S 14,712.00 1999 Site (trading and Baseball/Softball Fields Improvements (Phase 1) City of Round Rook Job Number: 601.523 Bid Date: September 14, 1999 Project Location: Round Rock Williamson County, Toms B1dToOWanrn.W 9/15/90 8;29441 BakerA1elrn &Aanelo.,, ten. BkiTa.Wations4 9/12199 8:29AM BaLMtrklot &Aeroelatae, /ee. w C.C. Carlton Industries, LTD Austin, TX ROM Constructors, LP P8u9Frvi0e, 1X Tim McCall Construction, Inc. Round Rock, TX Cusco Contracting Round Rook, TX Big Dog Construction Inc. Austin, TX Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yee Bid Bond? Yes Addendum. Yes Addendum. Yes Addendum. Yes Addendum. Yee Addendums Yee 41 -J 8J4 Unit Price Cost Unit Price Cost Unit Price Coot Unit Rice Cost nut Price Cost $ 8.00 S 14,368.00 $ 9.00 $ 16,164.00 $ 6.50 $ 11,674.00 S 950 $ 17,062.00 1 ,796 $ 8.56 .$ -. .15 6 S 500.00 $ 3,000.00 S 50000 1 3,000.00 $ 291.25 $ 1,747.50 S 230.00 1 1,380.00 5 600.00 S 3,600.00 1 $ 1,500.00 $ 1,500.00 $ 1,200.00 $ 1,200.00 $ 2,213.50 5 2213.50 $ 2,000.00 1 2,000.00 $ 850.00 $ 850.00 309 S 18.00 S 5,562.00 $ 13.00 S 4,017.00 S 20.97 S 6,479,73 $ 12.00 S 3,708.00 $ 12.00 $ 3,708.00 4 $ 500.00 $ 2,000.00 $ 267.00 S 1,068.00 '.1 - 669;88 $ 2,679.32' $ 300.00 $ 1,200.00 5 325.00 1 1,300.00 343 $ 15.00 S 5,145.00 $ 12.00 $ 4,116.00 $ 5 - 1,999.69_ S 12.00 $ 4,116.00 S 11.50 S 3,944.50 1 6 C g � 6 $ S s m 5'� 3 $ 350.042 $ 1,050.00 $ 108.00 $ 324.00 $.:'122,33 $ 366,94: S 240.00 $ 720.00 $ 175.00 $ 525.00 4 $ 1,200.00 $ 4,800.00 $ 1,900.00 S 7,600.00 $ 2,796.00 S 11,184.00 $ 2,000.00 $ 8,000.00 S 1,150.00 $ 4,600.00 45 $ 12.00 S 540.00 $ 81.00 8 3,645.00 $.. _,. 13.49 Y. ` 607.05 S 7.00 $ 315.00 $ 3.00 $ 135.00 156 $ 14.00 S 2,184.00 $ 56.00 1 8,73600 0 8,60 1 '. 1,34 };tip- $ 8.00 S 1,248.00 $ 8.00 $ 1,248.00 53 S 100.00 $ 5,300.00 S 103.00 $ 5,565.00 S 5159 S 2,840.27 $ 24.00 S 1,272.00 $ 18,00 $ 954.00 2,320 1 3.00 $ 6,960.00 S 1.75 $ 4,060.00 $ 1.34 -- $ 3,10$:80 $ 2.00 $ 4,640.00 S 2.50 S 5,800.00 180 S 15,00 $ 2,700.00 S 12.00 $ 2,160.00 S 9.31 $ 1,675,80. $ 12.00 S 2,160.00 S 20.00 3 3,600.00 2 $ 1,200.00 $ 2,400.00 $ 1,000.00 $ 2,00000 1 922618 ' $ 1,892.36. 5 900.00 $ 1,800.00 $ 850.00 $ 1,700.00 1 $ 4,000.00 S 4,000.00 $ 1,500.00 $ 1,500.00 $ 2,912.50 S 2,912.50 S 4,000.00 S 4,000.00 $ 3,000.00 $ 3,000.00 BkiTa.Wations4 9/12199 8:29AM BaLMtrklot &Aeroelatae, /ee. atlTabulanmrl, 9/13/998:29,454 ^`. 7,:is. of TFk1y1!! r *r• ... 1 * L •i* I i GARRETT J. TUTTLE y 1' e- - - 65169 ; ' 4 u ft b Baka-AOOMn &A„a„a,ae 0o. C.C. Cation Industries, LTD AueOo, TX ROM Constructors, LP Pllul gervi0e, TX Tim McCall Calsttuaticn, Ina Round Rock, TX Clueco Contracting Round Rock, TX Big Dog Construction Inc. Austin, TX Bid Bond? Yes Bid Bond? Yee Bid Bond? You Bid Bond? Yes Bid Bond? Yes Addendums You Addendum; Yee Addendum, Yoe Addendum, Yes Addendum, Yee Quantity Unit Unit Price Cost Unit Price Chet Unit Nee Cost Unit Price Coat Unit Price Cat s s IP Mil int' g ; i • 4 EA $ 12,000.00 $ 48,000.00 S 13,000.00 $ 52,000.00 $ 9,786.00 S 39,144.00 $ 9,600.00 S 38,400.00 S 9,000.00 $ 36,000.00 2 EA S 9,500.00 S 19,000.00 $ 11,500.00 S 23,000.00 $ 8,096.75 $ 16,193.50 $ 8,000.00 S 16,000.00 S 7,500.00 $ 15,000.00 1 EA $ - $ 3,500.00 5 3,500.00 S 4,951.25 $ 4,951.25 S 4,900.00 5 4,900.00 5 4,750.00 $ 4,750,00 1 EA $ 8,000.00 5 8,000.00 5 1,800.00 $ 1,800.00 S 4,077.50 $ 4,077.50 $ 4,000.00 S 4,000.00 $ 3,750.00 $ 3,750,00 Bum Bid (Items 1-27) $ 396,532.60 $ 431,931.00 5 448163,64.. $ 498,893.85 3 578,243.40 Altonuti s #1 Morns 28.32) S 79,000.00 S 81,800.00 S 67,278.75 S 67,300.00 5 62,500.00 Total Bid Amount $ 475,532.60 S 513,731.00 $ ` 515,442.39 -' S 566,193.85 0 640,74340 atlTabulanmrl, 9/13/998:29,454 ^`. 7,:is. of TFk1y1!! r *r• ... 1 * L •i* I i GARRETT J. TUTTLE y 1' e- - - 65169 ; ' 4 u ft b Baka-AOOMn &A„a„a,ae 0o. DATE: September 17, 1999 SUBJECT: City Council Meeting — September 23, 1999 ITEM: 10.B.1. Consider a resolution authorizing the Mayor to execute a contract for the construction of four (4) youth baseball fields and two (2) youth softball fields in Old Settlers Park at Palm Valley with C. C. Carlton Construction, Industries, LTD in the amount of $475,532.60. Staff Resource Person: Sharon Prete, Parks and Recreation Director.