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R-99-10-28-10B1 - 10/28/19991 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPROVED BY CI lf ATtORNEY 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR WATER TOWER PARK E - 99 - 4048 /06/ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Section Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 Instructions to Bidders Proposal Bidding Sheet 3.0 Post Bid Documents PBD -1 Agreement Certificate of Insurance 4.0 General Conditions GC -1 5.0 Technical Specifications TS -1 6.0 Plans P -1 7.0 Addendum A -1 table.doc 1.0 NOTICE TO BIDDERS NOTICE TO BIDDERS 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 the project titled "WATER TOWER PARK" will be received until 2:00 p.m., October 12, 1999 then publicly opened an read aloud at the City Hall Council Chambers at the same address, Bid envelopes should state "WATER TOWER PARK ". Bids must be submitted on City of Round Rock bid forms. Plans, Bid Forms, Specifications and Instruction to Bidders may be obtained from the City of Round Rock Parks and Recreation Department, 605 Palm Valley Blvd, Round Rock, Texas 78644. Beginning September 22, 1999 for a non - refundable charge of $25.011 In case of ambiguity, duplication or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof Publish Dates: Austin American Statesman: September 20, 1999 September 27, 1999 notice.doc NB -1 2.0 BID DOCUMENTS 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 Landscape Architect 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. 6. 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. 7. 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. 8. 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. 9. A letter of credit in a form acceptable to the City of Round Rock shall be submitted as a. Said letter of credit, and 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, with approval prior to bid opening. biddoc.doc INSTRUCTIONS TO BIDDERS 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. Bids shall be submitted on proposal forms furnished by the City of Round Rock. BD -1 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the Letter of Credit as required by Item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award. 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. 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 furnished. 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. biddoc.doc BD -2 11; 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3. PROI'OSA1.13I1)1)INCi JO13 NANIG: WATER TOWER PARK JOB LOCATION: Round Rock, Willianlsun County, Texas OWNER: City of Round Rock, Texas DATE: October I2, 1719 Bidders: Pursuant to the foregoing Notice to Bidders find Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to filrnish all accessary superintendence, Tabor, machinery, equipment, tools, materials, wash and ruttish removal from silo, insurance and miscellaneous items, to complete all the work on which Tie bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of "WA'T'ER TOWER PART(" and binds himself on acceptance of this proposal lo execute a contact and bond for completing said project within the Time staled, lin the following prices, to wit: Bill Item Quantity Unit bidduc.doc BASE 1111) 11'A'I'ER Tow ER PARK Ilan Descriplion Unit and 11'ril1 Unit ('rice Amount Laascapc Clearing and I'reperalion ()peralioms. 1 L5 Clearing, Time grading, weeding, plain bed prcperalion, soil preperalion, poor soil removal and replacement ele. complete and in place. t- npinovsANOLTwo rluNenE0 ?ta dollars ANA —_ NO COILS. 2. I LS Small walk demolition and removal, complete and in place. Two lll»1DMe rdwtry_ Foe_ dollars A40 NO Cellls I..S Straighten utility signage, complete and in place. $ 1 1,210.00 $ 2.94.60 E 16II TV- 61cy T _ d NJ, No .._.____.__ u11115 $ DO .00 laid Item Description Unit . Item Quantity Unit and Written Unit Price Am( lnitt 4. 5. 7. Iriddue.dw LS NIunumenl relocation, complete and in place . 9NE ItorogkEb Tocor_y FOJ1'.d AND / . a p Cents 1,S Wooden pole removal, complete and in place. foaRT.- SEVGAt dollars A� NO cents. Landscape Operations. 6. 1 LS Planting operations (i.e. shrubs, turf, Flowers, go oundetwer cic) complete and in place. ( *KI3lvIINDER TREES NOT IN CONTRACT') sM ' . S u %War nuODRP r,,,e., r'& 61G (Jolla rs AND No cents. I LS Steel edging, complete and in place. roc itdoonEp Fa. 'MG .1 (11111a1S Spi) NO COWS. 1lardscape Operations 1 LS Patio flagstone palls will) 1cinlilrccd concrete fooling, complete in place. Tw40rl- F.*1/10l.t0P SI It I1 JDAED serry. Fore A NP N0 dollars ce11I A. 9, 1 LS Landscape boulders, complete in place. O04 li0 A.1USW Ito ✓)RO FI�tV -Fod7 dollars AND N o cents. 11U -4 $ 12.'4.00 $ $ '1,82g.c() $ 515.00 $ 24, 61.5.00 $ 1,159 Bid 11em Description trod Item Quantity Unit and Written Unit Price Price Amount 10. 1 • LS Chop stone header with concrete looting. complete in place. FwRitain.wo d#E woven &icory dollars No ccnls. $ 4 1 1. 1 LS Saw cut drive, complete in place. I Iwo IIuumeP TV- l dollars AN D_tas7 cents. $ 2513.00 1 12. 1 LS Slone bench (slab, bench caps, bench scats, stone, c.m.u. etc.) complete in place. I t lGlr(1 usp o %Ka NWNDee j TY dollars p _Aup NO cents. $ 8,160.00 I 13. 1 LS Sleeving, complete in place. I FrF TY- SEVEnI dollars 1 A �� y p cents. $ 57,00 I Irrigation Operalious I 14. 1 LS l3ackllow prevenlor w/ box, complete in place ONE (J Nola' EJJ dollat s I _ANa_No cents. $ 119.00 15. 1 LS Manual gale valves w/ boxes, complete in place. I Nor n)Y SNow, oN PEWS Nor nPV,.te.A814 dollars 1 cculs. $ rd 1 1 1 I bfaaucaoc 13D -5 1 Ilid Hein Ucscription tJuit Item Quantity Unit and Written Unit Price Price Amount 16. 1 LS Electric valves w/ boxes, complete in place. a.i ddo c.d oc Flue _111LAJDREI? A'Jt NO TOTAL BASE IIID (Items 1 through 2I): 111) -6 dollars cents. $ 500.130 17. 1 LS Trenching, piping, connections, installation, all required supplies, equipment complete in place. rim T, tot 5�k oD_tm.D_fiESY— E.rsL! dollars AuD I + cents. $ 5,te51.Oo 18, 1 LS Irrigation heads and connections installation complete in place. 1 i guVIR4p__i Lfl [W6 dollars ,ep NO cents. $ 935 Pt) — 19 1 LS Pole mounted irrigation controller, wiring, hookup etc. complete in place. Two 1IJNp&Ep Fly read dollars _ Agi, IVO _ cents. $ 2,15, 30 Day Maintenance 20. 1 LS 30 day maintenance of newly installed and constructed items. Includes all materials and labor. NEE— Ibir Atit4p 7y dollars APD 0_Q cents. $ 9to.00 One Year Warranty 21. 1 LS One year warranty of installed and constructed items includes all materials and labor. 54_xi.nype p�xr l .-'tHteG -- dollars. A^' P r+o cents. $ (at°3,00 $ (06,921,0o 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 ninety (90) calendar days idler 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 PROPOSAL BIDDING SHEET JOB NAME: WATER TOWER PARK JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: October 12, 1999 Bidders: 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, trash and rubish removal from site, 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 "WATER TOWER PARK" 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: Bid Item Description Unit Item Ouantity Unit and Written Unit Price Amount Lanscape Clearing and Preperation Operations. biddoc.doc BASE BID WATER TOWER PARK 1 LS Clearing, fine grading, weeding, plant bed preperation, soil preperation, poor soil removal and replacement etc. complete and in place. cents. 2. 1 LS Small walk demolition and removal, complete and in place. dollars dollars cents. $ 1 LS Straighten utility signage, complete and in place. dollars cents. $ BD -3 Bid Item Ouantitv Unit Item Description and Written Unit Price 4. 1 LS Monument relocation, complete and in place 5. dollars cents. $ 1 LS Wooden pole removal, complete and in place. dollars cents. $ Landscape Operations. 6. 1 LS Planting operations (i.e. shrubs, turf, flowers, groundcover etc.) complete and in place. ( *REMINDER TREES NOT IN CONTRACT *) dollars cents. $ 7. 1 LS Steel edging, complete and in place. dollars Hardscape Operations 8. 1 LS Patio flagstone path with reinforced concrete footing, complete in place. 9. biddo,.doc cents. dollars cents. 1 LS Landscape boulders, complete in place. dollars cents. BD -4 Unit Amount Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 10. 1 LS Chop stone header with concrete footing. complete in place. dollars cents. $ 11, 1 LS Saw cut drive, complete in place. dollars cents. $ 12. 1 LS Stone bench (slab, bench caps, bench seats, stone, c.m.u. etc.) complete in place. dollars cents. $ 13. 1 LS Sleeving, complete in place. dollars cents. $ Irrigation Operations 14. 1 LS Backflow preventor w/ box, complete in place. 15. 1 LS Manual gate valves w/ boxes, complete in place. biddoc.doc dollars cents. $ dollars cents. $ BD -5 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 16. 1 LS Electric valves w/ boxes, complete in place. 30 Day Maintenance One Year Warranty biddoc.doc dollars cents. $ 17. 1 LS Trenching, piping, connections, installation, all required supplies, equipment complete in place. dollars cents. $ 18. 1 LS Irrigation heads and connections installation complete in place. dollars cents. $ 19. 1 LS Pole mounted irrigation controller, wiring, hookup etc. complete in place. dollars cents. $ 20. 1 LS 30 day maintenance of newly installed and constructed items. Includes all materials and labor. dollars cents. $ 21. 1 LS One year warranty of installed and constructed items includes all materials and labor. dollars. cents. $ TOTAL BASE BID (Items 1 through 21): $ 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 ninety (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 BD -6 thereof, remains incomplete after the 21 calendar -day period, the bidder shall pay the amount of Two Hundred Fifty Dollars ($250.00) 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. 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 receipt of the following addenda: Addendum No. 1 dated 7 a Q Received Addendum No. 2 dated Received Addendum No. 3 dated Received Respectfully Submitted, 2 5;de Title L 4-R LandScape_ 5orviee5 Name of Firm II -R -99 Date biddoc.doc BD -7 , w , / 6r 6 /vd. Address � 7 8 /44_5 ,2, 7 7s"8 (5 /A,) 3 9 734 1 Telephone Secretary, if Contractor is a Corporation 3.0 POST BID DOCUMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT, made and entered into this ow d ay of O. A.D. 1999 by and between the CITY OF ROUND ROCK, TEXAS acting through its Mayor, Party of the First Part, hereinafter termed the OWNER, and L f Lan3d5&ct pe Strviets,'Txx. of the City of , County of -- 17 - c,,,'s , State of Party of the Second Part, hereinafter termed Contractor. T< S WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by said First Party (Owner), the said Second Party (Contractor), hereby agrees with the first Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated Tuesday, October 12, 1999 for certain improvements described as follows: WATER TOWER PARK The Contractor shall perform all work shown on the Plans and described in the Contract and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 10 consecutive calendar days after that date of the Notice to Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within 90 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. postbid.doc PBD -1 AGREEMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B AGREEMENT - continued The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full: The Notice to Bidders The Instruction to Bidders The Proposal and Bidding Sheets The General Conditions of Agreement The Technical Specifications The Certificate of Insurance The Plans Addenda IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in multiple originals in the year and day first above written. ATTEST: By Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of the State postbiddoc PBD -2 P. of the First Part (Ow y -r) Mayor - City of Round Rock .rt •f he Second Part (Contractor) !IP * * * * ** Commercial Indemnity Insurance Company PERFORMANCE BOND THE STATE OF TEXAS Bond No. BD41545 COUNTY Or WILL/RAISON KNOW ALL AMEN BY 'M ESE PRESENTS' That L &R Landscape Services, ot to City of Austin , Count of Travis , and State of Texa , as Principal, and * * * * ** authorized under the law of the State of Texas to act as surety on bonds for principals, are held and flnnly bound u t THE CITY ND ROCK, TEXAS, (Owner), in the penal stria of ixt s x 0 }se u r $g ROU dollars (5 66, 929.00 ) for the payment whereof, well and I to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly mud severally, by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner doled late day of _ , 19 99 to which the contract is hereby referred to and made a part hereof as fully and to the saute extent as if copied at length herein consisting of: Water Tower Park NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal sha!! faithfrdly 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 rnnterials 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 rernnin in full farce and effect; PROVIDED, HOWEVER, lhal this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statues of Texas as amended and all liabilities an this bond shall be detcrntined in accordance with the provisions of said Article to the same extent as if it were copied at lengttr herein, PERFORMANCE BOND (continued) Surely, for value received, stipulates and agrees that no change, extension of tithe, alteration or addition to the term of the contract, or to the work performed thercundcr, or the plans, specifications, or drnwings 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 scaled this instrument this 16th divot November 1999. L &R Landscape Services, Inc. Title 7.6,5 i'/tPM4 9801 Gray Boulevard Address Austin, Texas 78732 The name and address of the Resident Agent of Surety is: Time Insurance Agency, Inc. 1507 outh IH35, Austin, Texas 78741 vAY By Anna M. Hilt N. Schuler, President Commercial Indemnity InsuranceCotnpany Surety Attorney -In -Fact Title 2550 South IH35, Suite 100 Address Austin, Texas 78704 * * * ** Commercial Indemnity Insurance Company PAYMENT BOND THE STATE OF TEXAS COUNTY OF WILLIAM.SON „ PBD -3 Bond No. BD41545 KNOW ALL MEN BY 'THESE PRESENTS: That L &R Landscap Services , lnc of the City of Austin , County of Travis , and State of Texas as Principal, and * * * * ** authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (OWNER), 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 Sixty Six Thousand Nine Hundred Twenty Nine & 00 /l00's Dollars (g 66,929.00 ) 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 IS day of tbipr„ hex , 1999 , 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 Water Tower Park 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 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 16th day of November 19 99, L &R Landscape Services, Inc. Princi . a1 Title 9801 Gray Boulevard Address Austin, Texas 78732 PBD -4 Commercial Indemnity Insurance Company Surety By Title nna M. Hilt Attorney -In -Fact The name and address of the Resident Agent of Surety is Time Insurance Agency, Inc. 2550 South IH35, Suite 100 Address Austin, Texas 78704 1507 South IH35, Austin, Texas 78741 n W. Schuler, President Commercial Indemnity Insurance Company COMMERCIAL BD41545 2550 S. IH 35, Suite 100 INDEMNITY INSURANCE CO. POWER OF ATTORNEY Austin, Texas 78704 KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7' day of April, 1999, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -In- Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any certificate relating thereto by facsimile, and 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 powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint: State of Texas its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The Obligation of the Company shall not exceed one million (81,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. State of Texas County of Travis Commission Expires 8 -26 -2000 Anna M. Hilt iftia„)e, John W. Schuler. President On this 7" day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Sandra L. Denton, Notary Public CERTIFICATE 1, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains, in full force and has not been revoked: Signed and Sealed at the said Company at,Au tin Texas dated this 16th day of November 19 99 Joel T. Massey, Secretary COMMERCIAL INDEMNITY Insurance Company IMPORTANT NOTICE To obtain information or make a complaint: You may contact John W. Schuler, President of Operations, whose direct dial number is 512 - 444 -7776. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 234 -8046 You may also write to Commercial Indemnity Insurance Company : 2550 South IH -35, Suite 100, Austin, Texas 78704. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512- 475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE POLICY NUMBER DATE (M EDC'E FOATE (MM UO YON LIMITS INSURER C: GENERAL LIABILITY INSURER E: EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CPP1074415 01/30/99 01/30/00 FIRE DAMAGE(Any one fire) $ 50000 CLAIMS MADE I X I OCCUR MED EXP (Any one person) S 5000 PERSONAL BADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OPAGG $ 2000000 ECT LOC n POLICY n j n AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO CA1110894 01/30/99 01/30/00 (E'''''''" $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $$1000,000 B OCCUR I CLAIMS MADE C3300199 01/30/99 01/30/00 AGGREGATE $ $1,000,000 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND I TORY VI NPR A EMPLOYERS' LIABILITY WC078386804 01/30/99 01/30/00 EL. EACH ACCIDENT $ 1000000 E.L. DISEASE EA EMPLOYEE $ 1000000 E.L. DISEASE POLICY LIMIT S 1000000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: Water Tower Park 218 -5540. Certificate Holder, its officers, employees and elected officials are named as additional insureds. Contractor's insurance is primary. ACORD CERTIFICATE OF LIABILITY INSURANC� PB DATE (MM/DDM) &RLA -1 11/17/99 PRODUCER Time Insurance Agency, Inc. 1507 South IH 35 Austin TX 78741 Phone:512- 447 -7773 Fax:512- 440 -0989 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED L &R Landscape Services, Inc. 9801 Gray Blvd. Austin TX 78758 INSURER A: Amerieure INSURER B: Evanston Insurance Co. INSURER C: INSURER D: INSURER E: CITYROR City of Round Rock 221 East Main Street. Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED EXPIRATION DATE THEREOF, THE ISSUING 30 DAYS WRITTEN NOTICE TO POLICIES BE CANCELLED BEFORE THE INSURER WILL MAIL THE CERTIFICATE HOLDER NAMED TO THE •••^�""••' DY/r"' • ^ T ^ ^ ^ ^ LEFT. OF John W. Schuler COVERAGES CERTIFICATE HOLDER N I ADDITIONAL INSURED INSURER LETTER ACORD 25 -S (7/97) CANCELLATION ACORD CORPORATION 1988 4.0 GENERAL CONDITIONS 1. PURPOSE: The City seeks purchase construction services park construction. See attached plans for locations. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. City — Identifies the City of Round Rock, Williamson County, Texas. 2.2. Contract — A mutually binding legal document obligating the Contractor to furnish the goods, equipment or services, and obligating the City to pay for same. 2.3. Contractor — A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract. 2.4. Subcontractor - Any person or business enterprise providing goods, equipment, labor, and/or services to a Contractor if such goods, equipment, labor, and/or services are procured or used in fulfillment of the Contractor's obligations arising from a contract with the City. PART I GENERAL TERMS AND CONDITIONS The Contractor shall provide all labor and equipment necessary to perform the service. All employees of the Contractor shall be no less than 17 years of age and experienced in the type of work to be performed. 2. The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Contractor shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work, 3. The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Contractor, Contractor's employees, subcontractor(s) or subcontractor (s') employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 4. ABANDONMENT OR DEFAULT: 4.1. A Contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere will not be considered in the re- advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 4.2. The contract is void if sold or assigned to another service company without written approval of the City. Written notification of changes to company name, address, telephone number, etc., should be provided to the City as soon as possible but not later than 30 days from date of change. 5. RIGHT TO AUDIT: The City has the right to audit the Contractor's books and records pertaining to the service during the hours of the normal workday. 6. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal, state, and local laws, statutes, ordinances, roles and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the contract, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Contractor shall furnish the City with satisfactory proof of its compliance. 7. INDEMNITY: Contractor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of this contract and arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees, provided the Contractor not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attomey's fees arising solely out of a willful or negligent act or omission of the City, its officers, agents, servants and employees, or third parties. 8. INSURANCE: The successful bidder shall procure and maintain at its sole cost and expense for the duration of the contract or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives, volunteers, employees or subcontractors. 8.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 8.2. The following standard insurance policies shall be required: 8.2.1. General Liability Policy 8.2.2. Automobile Liability Policy 8.2.3. Worker's Compensation Policy 8.3. The following general requirements are applicable to all policies: 8.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 8.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 8.3.3. Claims made policies shall not be accepted, except for Professional Liability Insurance. 8.3.4. Upon request, certified copies of all insurance policies shall be furnished to the City 8.4. Policies shall include, but not limited to, the following minimum limits: 8.4.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence. 8.4.2. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 8.4.3. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person, and $300,000.00 for each occurrence, and Property Damage Minimum lints of $50,000.00 for each occurrence. 8.4.4. Statutory Worker's Compensation Insurance and minimum $100,000.00 Employers Liability Insurance. 8.4.5. Coverage shall be maintained for two years minimum after the termination of the Contract. 8.5. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the purchase specification and the insurance endorsements stated below: 8.6. Contractor agrees that with respect to the required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following provisions: 8.6.1. Provide for an additional insurance endorsement clause declaring the Contractor's insurance as primary. 8.6.2. Name the City and its officers, employees, and elected officials as additional insureds, (as the interest of each insured may appear) as to all applicable coverage. 8.6.3. Provide thirty days notice to the City of cancellation, non - renewal, or material changes. 8.6.3.1. Remove all language on the certificate of insurance indicating: 8.6.3.1.1. That the insurance company or agent/broker shall endeavor to notify the City; and, 8.6.3.1.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 8.6.4. Provide for notice to the City at the addresses listed below by registered mail. Contractor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 8.6.5. Provide that all provisions of this contract concerning liability, duty; and standard of care together with the indemnification provision. shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 8.6.6. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. 8.6.7. Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change, which notice shall be accomplished by a replacement Certificate of Insurance. 8.6.8. All notices shall be mailed to the City at the following addresses: Assistant City Manager City of Round Rock 221 East Main Street Round Rock, TX 78664 -5299 City Attorney City of Round Rock 309 East Main Street Round Rock, TX 78664 8.6.9. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Contractor from liability. 8.6.10. If the Contractor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Contractor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 9. WORKERS COMPENSATION INSURANCE: Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity Certificate of coverage ( "certificate ") - A copy of a certificate of insurance, a certificate of authority w self- insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the CONTRACTOR's/person's work on the project has been completed and accepted by the OWNER Persons providing services on the project ("subcontractor ") in Section 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. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must. prior to the end of the coverage period. file a new certificate of coverage with the OWNER showing that coverage has been extended. The CONTRACTOR shall obtain from each person providing services on a project, and provide to the OWNER: A. a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and B. no later than seven calendar days after receipt by the CONTRACTOR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The CONTRACTOR shall notify the OWNER in 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 a project, to: A. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all 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 a project, for the duration of the project; C. provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; D. obtain from each other person with whom it contracts, and provide to the CONTRACTOR: 1) a certificate of coverage, prior to the other person beginning work on the project: and 2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project E. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; F. notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have 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 thru G), with the certificates of coverage to be provided to the person for whom they are providing services. H. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR that entitles the OWNER to declare the contract void if the CONTRACTOR does not remedy the breach within ten calendar days after receipt of notice of breach from the OWNER 10. LIENS: Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, good and services which may be provided under the City's request by Contractor or subcontractors and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 11. VENUE: Both the City and the Contractor agree that performance of this contract shall be in Williamson County and venue for any litigation arising from this contract shall lie in Williamson County. 12. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City The Contractor shall not be within protection or coverage of the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. PART II 1. SCOPE: This specification describes a service to professionally construct and provide as built drawings of a park owned by the City. 2. INTENT: 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. The initial contract shall be for 45 calendar days as mutually agreed upon. 3. WORK LOCATION /SITE: See cover sheet of drawings. 4. SITE VISIT: Each bidder shall make a site inspection of the site prior to bidding to fully acquaint him/herself with the site conditions as they exist for full comprehension of the facilities, difficulties and/or restrictions attending the proposed work. 5. SITE RESRICTIONS: 5.1. Parking: Parking is allowed on construction site and along roads when conditions permit. 5.2. City Equipment: City equipment cannot be utilized on this project without authorization. 6. BIDDER QUALIFICATIONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 6.1. An itemized list of the bidder's equipment available for use in performance of the contract. 6.2. References: Provide the name, address, telephone number and point of contract of at least three firms for which the bidders has preformed similar service within the past five years. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 6.3. Identify any subcontractors to be used for this service. Experience, qualifications and references of the subcontractors shall be submitted. The City shall approve all subcontractors prior to any work being performed. 6.4. Plan of Operation: Provide with the bid a plan of operation which shall include equipment to be used, number of employees recommended for operation, days of operation and site layout. 7. ORIENTATION OF CONTRACTOR: The City will provide an initial orientation to the Contractor within five days after contract effective date to identify all policies and operating procedures of the construction site. During this meeting, the Contractor shall provide the City with their recommendations for operation, best locations to install or place Contractor's equipment and a start date for which the Contractor shall have the ready for operation. NOTE: It shall be the responsible of the Contractor to familiarize its personnel with the site, site restrictions, and each job assignment. 8. SERVICE RESPONSIBILITIES: The Contractor shall provide, but not be limited to the services defined below: 8.1. Construction of park improvements at Water Tower Park. 8.1.1. Staff the site with as many employees as is necessary to construct the irritation system. 11. DESCRIPTION 12. INTENT 8.1.2. Assign a primary contact person with the operations management to serve as a contact to both City staff and City residents for the duration of the contract and extension periods. 8.1.3. The Contractor agrees to notify the City's contract administrator of any personnel changes within two days of change. 8.1.4. Maintain all vehicles and equipment in proper operating condition. Vehicles and/or equipment with oil, hydraulic or other fluid or substance leaks, or vehicles and/or equipment that present an unhygienic or unsafe appearance will not be permitted on City property. Any environmental cleanup shall be at the expense of the Contractor. 8.1.5. Take any and all steps necessary to ensure all areas construction site remain in a neat and litter -free condition. 9. RELATED DOCUMENTS: All drawings and general provisions of the Contract including General and Supplementary Conditions apply to the work of this section. 11.1 Work Included: Furnish, install, mainta in and warranty all items outlined in specifications and drawings. 12.1 The specifications indicat and specify a complete landscape. Items not specified, but found necessary for a complete system shall be furnished under this Contract. 12.2 Any discrepancies found within or between any of the specifications, drawings, details, or plan notes shall be resolved according to the ranking or priority (highest to lowest): 12.2.1 General and Supplemental Conditions 12.2.2 Specifications 12.2.3 Plan Details 12.2.4 Plan Drawings 12.2.5 Plan Notes 13. PROJECT RECORD DOCUMENTS 13.1 Prepare and maintain record documents for the project to accurately reflect the construction as built. Documents must be submitted on reproducible Mylar or vellum as a condition of Final Acceptance. 13.2 Upon completion and conditional acceptance of the work and all corrections, prepare a reduced schematic diagram of the system showing valve locations, section areas and corresponding controller stations by number. Laminate and affix inside controller lid/hatch of the controller. 13.3 Maintain on the jobsite at all times one copy of: 13.3.1 Specifications 13.3.2 All Addenda 13.3.3 Change orders and field orders 13.3.4 Field test reports 13.3.5 Correspondence 13.4 Submittal: 13.4.1 At project completion, deliver record documents to the OWNER or the OWNER'S Representative. Place all letter -sized materials in a three -ring binder neatly indexed. Bind related drawings in rolls of convenient sizes for ease of handling. 13.4.2 Accompany the submittal with a transmittal letter in duplicate containing: 13.4.2.1 Date 13.4.2.2 Project title and number 13.4.2.3 CONTRACTOR'S name and address 13.4.2.4 Title and number of each record document 13.4.2.5 Certification that each document as submitted is complete and accurate 13.4.2.6 Signature of CONTRACTOR 14. QUALIFICATIONS OF INSTALLER: a Texas Licensed Landscape Contractor, Irrigator in good standing, approved by the OWNER or his agent, and who is regularly engaged in installing landscape and has a minimum of 3 years experience will be required for this work. 15. 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. 16. JOB REQUIREMENTS AND CONDITIONS: Prior to permanent pavement or erection or placement of other hard, solid objects, the CONTR CTOR shall install and stub water lines and/or sleeves as necessary for the later connection. Necessary borders under existing R.O.W. may be required. All bores and sleeves and piping will be required. All bores and sleeves and piping will meet city standards. Bore and related work is to be part of the base bid. A pre- construction meeting is to be conducted between CONTRACTOR and OWNER'S representative prior to construction. Such meeting is to be conducted no more than 7 working days before work begins. It is the responsibility of the CONTRACTOR to arrange the pre - construction meeting. 17. QUALITY ASSURANCE AND WARRANTY Underground work shall be inspected and approved by the OWNER or OWNER'S Representative for correctness and completeness before backfilling. 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. If non - specified product(s) are found to be apart of the construction of the park, 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 associated with costs will be paid for by the Contractor. Verify all finish grades within the work area in order to ensure the proper soil coverage (as specified) of the sprinkler system pipes. 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. As a part of the one year warranty, the contractor shall immediately repair or replace without cost to the Owner all material and equipment found to be defective due to faulty material or workmanship. The Contractor will order and replace the warranty item at not cost to the Owner. 18. DAMAGE TO PROPERTY Repair or replace any property damage inflicted in the course of the construction without additional charge and before final payment. Included are damages to building, paving, structures, equipment, piping, pipe covering, utilities, sewers, walls, signs, sidewalks and landscaping. The Landscape 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 CONTRACTOR. 19. EXISTING CONDITIONS: CONTRACTOR is to determine all existing site conditions (i.e. utilities, structures, obstruction, CONTRACTOR acknowledges that he /she has satisfied himself/herself as to the nature of the work and to the quality of surface and subsurface materials or obstacles insofar as this data is reasonably ascertainable from an inspection of the site. Any failure by the CONTRACTOR to acquaint himself/herself with the available information will not relieve himself/herself from responsibility for estimating properly the difficulty or cost of successfully performing the work. It is the responsibility of the CONTRACTOR to locate all utilities. The OWNER nor the OWNERS REPRESENTATIVE have located any over head or under ground utilities. 20. EQUIPMENT TO BE INSTALLED: All materials and sprinkler equipment shall be new and unused and should meet all standards specified in this document. 21. 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. Submit descriptive data and calculations demonstrating equivalence of performance of all proposed substitutions of material and equipment to the OWNER'S Representative for approval. Acceptance or rejections of any such requests for substitutions will be furnished to the bidder prior to acceptacne. 22. Measurement and Payment 22.1 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. 22.2 Estimated Quantities: This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished 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 terms of this Agreement. as provided under "Extra Work ". 22.3 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 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. 22.4 Partial Payments: On or before the 1st day of each month, the Contractor shall submit to the Landscape Architect 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 Landscape Architect is acceptable. The Landscape Architect 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 final 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 Landscape Architect - 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 ". 22.5 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 Landscape Architect may determine. The Contractor shall notify the Landscape Architect when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Landscape Architect, the Contractor shall furnish to the Landscape Architect in writing a detailed list of unfinished work. The Landscape Architect 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. 22.6 Final Completion and Acceptance: Within ten (10) days after the Contractor has given the Landscape Architect written notice that the work has been completed, or substantially completed, the Landscape Architect 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 Landscape Architect 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. 22.7 Final Payment: Upon the issuance of the Certificate of Completion. the Landscape Architect shall proceed to make final measurements and prepare final statement for the value of all work performed and materials furnished 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. 22.8 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. t) g) Reasonable indication that the work will not completed within the contract time. Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 22.9 Delayed Payments: 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 malting 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. 22.10 INVOICING: Contractor shall submit one original and one copy of each invoice to the following address: City of Round Rock Finance Department 221 East Main Street Round Rock, TX78664 -5299 5.0 TECHNICAL SPECIFICATION Landscape Hardscape 1.0 GENERAL A. Scope: Furnish all materials, tools, equipment and labor necessary for the installation of all hardscape materials and accessories shown on applicable Drawings in accordance with all requirements specified herein. Contractor shall provide and pay for all City required traffic/ pedestrian control devices. B. The work of this section includes but is not limited to the following: 2.0 Inspection Notification: Notify Owner's representative 24 hours in advance of site inspections for: 1) Hardscape materials, 2) Layout configuration of hardscape; 3) substantial and final completion inspections. 2.1. Existing Conditions: Contractor shall verify existing and proposed locations of all site utilities (including gas, electric, sanitary and storm sewers, water and telephone,) prior to any trenching or laying of pipe, and be solely responsible for the repair and/or cost to repair utilities to prior condition. 3.0 Materials: 1. Materials 2. Procedures 1 30 Day Maintenance 4. Warranty 2.1.1 Contractor shall coordinate Landscape work with that of all other sitework trades and contractors, as applicable. 3.1. Hardscape materials: 3.1.1 General Description: Hardscape materials shall include form materials, masonry materials, reinforcement materials, connection materials, of all descriptions required to be furnished for the project in accordance with the hardscape schedules. 3.1.2.1 Board form wood shall be construction grade lumber free from defects. Form lumber shall be straight, clean, undamaged. Re use of form lumber is permitted only if wood remains straight, clean and undamaged. 3.1.2.2 Curving form wood shall be 1/8" Masonite or approved alternate. 3.1.2.3 Expansion Joints shall be / "x 2 cedar wood or approved alternate. Form oil shall be commercial quality form oil, which will permit the ready release of the forms and will not discolor the concrete. 3.1.2.4 Concrete shall be 28 day 3000 PSI Readymix concrete or site mixed concrete. Sack concrete is not acceptable. 3.1.2.5 Reinforcing Steel Rod— Welded wire mesh - 6x6 1.4x1.4 welded wire mesh. Steel bars 12" #3 smooth steel rod. 3.1.2.6 Reinforcing Steel Connecting Rod— "L" shaped #3 rebar extending 16" above slab with 12" connected to wire mesh contained within concrete. 1 3.1.2.7 Mortar — White mortar — S Type Mortar shall consist of 1 part white masonry cement, 3 parts sand by volume. Mortar, which has been mixed longer than 30 minutes or which has developed its initial set, shall not be used. Sand shall be free of deleterious or organic matter. Mixing water shall conform to the requirements of item. 3.1.2.8 C.M.0 — 16 "X16 "x8" double core blocks. 3.1.2.9 Patio Flagstone - Shall be locally available limestone with a random flag pattern. or equal to patio stone from Cooper Stone 3788, W. FM 487, Jarrell, Texas 76537. Phone 1 -800- 325 -2990. The stone shall be sound, durable limestone, free from structural defects, uniform in color and texture, and shall be clean of earth, clay, oil or other foreign substances. 3.1.2.10 Native Chop Stone Header - Shall be locally available limestone with a chop stone pattern or equal to patio stone from Cooper Stone 3788, W. FM 487, Jarrell. Texas 76537. Phone 1- 800- 325 -2990. The stone shall be sound, durable limestone, free from structural defects, uniform in color and texture, and shall be clean of earth, clay, oil or other foreign substances. 3.1.2.11 Water — Only clean potable water shall be used in mixing masonry. 3.1.2.12 Preformed Bench Cap and Seat — Color to be determined, concrete texture with light sandblast finish. 3.1.2.13 Boulders - Landscape boulders shall be limestone, granite, or other native rock material as shown on the plans, the plans. Boulders shall be dense, sound and natural in form, and approved by the Landscape Architect, furnished in the approximate dimensioned sizes as shown on plans and details. 3.3 Submittals: Submit following material samples along with label from the manufacturer's package (if applicable), to the Owners Rep. For approval prior to construction: 1. Mortar samples 2- Stone samples 3. Pre- formed bench cap and seat color, material and texture These samples, if approved by the Landscape Architect, shall be used as the standard by which other materials shall be judged. Any bulk material that, in the judgement of the Landscape Architect, is below the quality of the approved samples may be tested in accordance with the specifications set forth herein. Rejected material shall be removed from the site at Contractor's expense. Payment for testing will be the Contractor's responsibility. 3.4 Delivery, Storage & Handling: 3.4.1 The Contractor shall coordinate all delivery and installation activities with General Contractor. 2 4.0 Procedures: 3.4.2 Deliver materials in original, unopened and undamaged containers showing weight, analysis and name of manufacturer. Store in manner to prevent wetting and deterioration. 4.1 Hardscape Operations: 4.1.1 Quality: Hardscape material and construction shall be of professional quality utilizing skilled laborers with working knowledge of construction methods. Provide only sound, sturdy and safe construction free from defects. Construction should follow the plans and enclosed specifications. All hardscape shall be done when weather and ground conditions are suitable. When conditions are such, by reason of drought, high winds, excessive moisture, frozen ground, or other unsuitable factors, that satisfactory results ate not likely to be obtained, work shall be halted. It shall not be resumed until desired results can be obtained or alternative or corrective measures and procedures can be used Credit for lost workdays will be applied to balance of workdays. 4.1.2 All proper precautions so as not to disturb or damage permanent subsurface improvements shall be observed. It shall be the Contractor's responsibility to locate all underground utilities and systems that might possibly be encountered. If underground obstructions should be encountered in the excavation of hardscape trenches and holes, alternate locations may be selected; verify locations with owner. 4.1.3 The Contractor shall at all times take adequate precautions to protect the existing improvements during the course of the project. Any damage incurred shall be corrected to original condition at his expense. 4.1.4 The Contractor shall be responsible for verifying all dimensions incidental to this work and shall promptly report any discrepancies to the Landscape Architect. 4.2 Hardscape Preparations: 4.2.1 Existinr Conditions: Contractor shall examine the proposed hardscape areas and conditions of installation prior to construction. He shall not start hardscape work until unsatisfactory conditions are corrected. 4.2.2 Layout and Forms: The Contractor is responsible for building all slabs and walks to proper grade. Walkways shall have an even cross slope not to exceed 2% with a downhill slope not to exceed 4.5% slope. Slabs shall have a downhill slope at 1% to 2% slope. Excavated topsoil must be removed from site at contractors expense. Landscape Architect shall inspect all forms for proper construction prior to pouring. If changes are necessary Contractor shall correct until acceptance is given by Landscape Architect. 4.2.3 Locations: Location for hardscape areas shall be clearly marked on the ground in conformance with the drawings. The Landscape Architect shall review and approve layout prior to beginning form construction. 4.2.4 Workmanship: competent, experienced masons must set Stone masonry. Each stone shall be cleaned, sponged, and drenched with clean water just before setting. Each stone shall be set in a full bed of plastic mortar. 3 4.3 Hardscape Construction: 4.3.2 General Description - Hardscape materials shall include form materials, masonry materials, reinforcement materials, connection materials, of all descriptions required to be furnished for the project in accordance with the drawings and details. 4.3.3 Expansion Joints — Place every 5' for concrete walk. And in a crossing pattern over the concrete bench slab. See drawing detail. 4.3.4 Concrete — Pour concrete only when weather permits. Poured areas shall be quickly leveled and worked to desired texture and depth. Remove air pockets from poured mix. Poured concrete must be completely worked within 15 minutes of pouring. Construction should be as outlined in construction details. For walk and slab subsurface shall be compacted to 95% prior to laying sand base. 4.3.5 Welded Wire Mesh — Welded wire mesh shall be 2" above the sand base. Wire mesh shall not be allowed to sag during pour. Areas that contain sagging wire mesh will be removed and repaired correctly at contractor expense. Construction should be as outlined in construction details. 4.3.6 Reinforcing Steel Connecting Rod — Rebar extending 16" above slab with 12" connected to wire mesh contained within concrete. Tie off bar to welded wire mesh using metal wiring. Spacing of rebar shall be spaced in such a way that the core of the CMU blocks line up radial with the exposed rods. 4.3.7 Mortar — Mortar shall be mixed onsite. Mortar that has begun to set up shall be discarded. The mortar shall be well driven into the joints and finished with an approved pointing tool. The wall shall be kept wet while the pointing is being done. After the pointing is completed and the mortar is set, all showing surfaces shall be cleaned of loose mortar and cement stains. 4.3.8 C.M.0 — 16 "X16 "x8" double core concrete masonry unit block. Shall be laid out in a radial pattern to the center of the bench slab according to drawing details. Core holes of blocks shall be placed over exposed rebar that is part of slab pour. CMU blocks shall be adhered to the slab and each other using EZ bond adhesive, Sika concrete adhesive epoxy or Sika concrete adhesive by M.D. or equal. Once the courses are stable fill core holes with 28 day 3000 psi concrete. Fill core holes to one half the top coarse. Prior to cladding bench with stone cover entire front sides and back with stucco mesh or equal. Stucco mesh shall be uniform and shall provide an even curving surface. Attach Stucco mesh to CMU blocks using one bolts and washer per CMU block. 4.3.9 Patio Flagstone — 4.3.9.1 Horizontally laid stone shall be laid over a mortar base. Stones shall be laid in such a way that a uniform surface is established and proper slopes are achieve as outlined in the design. Mortar gaps between stones shall be no larger than 4 4.3.10 Native Chop Stone Header - Horizontally laid stone shall be laid over a concrete base that is reinforced with 6x6 1.4x1.4 wire mesh. Stones shall be laid in such a way that a level surface is established for each stone. Mortar gaps between stones shall be no larger than 1 /" and no less than' /, ". See drawing details. 4.3.11 Water — Use garden hoses, buckets or other clean methods. 4.3.12 Preformed Bench Cap and Seat — Prior to adhering cap or seat to CMU blocks confirm proper fit. Adhere cap and seat to CMU using EZ bond adhesive, Sika concrete adhesive epoxy or Sika concrete adhesive by M.D. or equal. 4.3.13 Boulders - Landscape boulders shall be placed in with a minimum of 36 " between boulders. Prior to burying boulder location must be approved by the Landscape Architect bury 1/3 of boulder as shown in detail. Boulders must be buried prior to landscaping operations. 4.3 Clean Up: 2" and no less than ', ". Abutting stones shall have no more than ' /," of elevation difference. 4.3.9.2 Vertically clad stone shall be laid over mortar base that shall be applied directly over stucco mesh. Stone shall allow for a smooth curving finish. Gaps between stones shall be no larger than 2 " and no less than'/, ". 4.4.1 During work, keep the premises neat and orderly, including organization of storage areas. Sweep road pavements thoroughly at the end of each day. 4.4.2 Remove trash from the site daily as work progresses, including debris, and waste material generated from masonry. 4.4.3 Keep walks and parking areas clean of soil and landscape debris by sweeping or hosing. 5.0 Inspections: 5.1 Progress inspections will be made at regular intervals during the execution of work on the project. 5.2 The contractor shall maintain hardscape areas until final inspections and acceptance of the project. 5.3 A substantial completion inspection shall be made at the request of the Contractor. Hardscape areas will be reviewed for acceptance provided all requirements have been complied with and hardscape materials are constructed in accordance with plans, specifications and details. 6.0 Hardscape Guarantee And Replacement: 6.1 Guarantee: Hardscape shall be guaranteed for 12 months from the date of acceptance. 6.2 Replacement: At the end of the guarantee period, inspection will be made by the owner upon written notice requesting such inspection submitted by the Contractor at least ten days before the 5 anticipated date. Repair of hardscape shall be accomplished as soon as conditions permit. Contractor shall guarantee all repaired hardscape for 12 months after date of correction. 6.3 Guarantee shall not include damage of hardscape, caused by flood, freezing rain, hail lightning storms, winds over 100 M.P.H. or, acts of vandalism or negligence on the part of owner. Contractor is encouraged to monitor hardscape material during guarantee period. 7.0 Maintenance: 7.1 Maintenance shall begin immediately upon the commencement of construction. Contractor shall provide and pay for maintenance. 7.2 Hardscape material shall be protected and maintained until construction of the hardscape is complete. Maintenance shall include cleaning, sweeping, repairing, patching, removal and replacement, resetting, and other necessary operations. 7.3 The 30 -day maintenance period for all hardscape shall begin following the completion of the substantial completion punch list items. Contractor shall provide and pay for maintenance. Final inspection shall follow the 30 -day maintenance period. Final payment (retainage) will be released upon completion of punchlist items addressed during the final inspection. Completion of the final inspection punchlist items ends the 30 -day maintenance and begins the one -year warranty. 8.0 Warranty: Completion of the final inspection punchlist items ends the 30 -day maintenance and begins the one -year (365 days) warranty. The contractor shall warranty installed materials/equipment against defects in materials /equipment and workmanship from their respective contractors /manufacturers a period of one year after the hardscape is accepted by OWNER. As a part of the one year warranty, the contractor shall immediately repair or replace without cost to the Owner all material and equipment found to be defective due to faulty material or workmanship. As part of the one -year warranty, the contractor shall make repairs without charge to the Owner. 6 Landscape Irrigation 1.0 - GENERAL A. Scope: The City seeks purchase construction services for a permanent automatic underground irrigation system for Water Tower Park. See attached plans and details. B. The work of this section includes but is not limited to the following: 1. Products. 2. Operations 3. 30 Day Maintenance. 4. Warranty 2.0 PRODUCTS 2.1 PIPE AND TUBE 2.1.1 PVC PIPE: 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. 2.1.2 PRESSURE MAINS: 3/4 inch through 4 inch PVC is to be Schedule 200 PVC or Class 40 PVC. Tubing or piping exposed to sunlight is to be Brownline UVR/PVC or approved equal. 2.1.3 LATERALS: Class 200 PVC with integral solvent weld bell end, solvent weld coupling. 2.1.4 UV RESISTANT PIPING: Brownline UVRJPVC. 2.1.5 THREADED NIPPLES AND RISERS: Schedule 80 PVC, 6" minimum length 2.1.6 PVC CEMENT: as recommended by the manufacturer. 2.1.7 BURIED SLEEVES: 2 inch and smaller: schedule 200 PVC. Larger than 2 inches: Class 40 PVC. 2.1.8 CONDUIT schedule 200 PVC. 2.1.9 GATE VALVES: Only valves that are suitable for dirty water applications are to be used. Gate Valves. as manufactured by Nibco, Matco - Norca, or approved equal. 2.1.10 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. 2.1.11 CLAMPS: Stainless steel screw clamps sized to fit purpose. 2.1.12 CONTROL WIRE: Specifically designed for direct burial use, Type OF with copper conductor, size as necessary to provide for valve and solenoid performance. Use white jacket for common and different color -coded wires (as available) for individual control lines. Size of conductor shall meet requirements of installation instructions of manufacturer of valves and controllers 2.1.13 WIRE CONNECTORS: Spears Dry- Splice, Penlite, and King Technology Model King -6 or equal. 2.1.14 THRUST BLOCKS: 2.500 -psi/ 28 -day concrete. Quickcrete concrete mix or equal. 7 3.0 OPERATIONS 2.1.15 PVC FITTINGS: 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. 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. 2.1.16 SWING JOINTS: 12 inch PVC double swing joints with appropriately sized openings shall be manufactured by Lasco, KBI, or approved equal. 2.1.17 REMOTE CONTROLL 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. 2.1.18 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. 2.1.19 IRRIGATION HEADS Spray heads are to be as shown on plans or approved equal. 2.1.20 AUTOMATIC CONTROLLER: Locking, Pole Mount, Irritrol, Rainbird, Weathermatic, Hunter 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. 2.1.21 BACKFLOW PREVENTION DEVICE: Flowmatic or Zurn/Wilkins brand or approved equal size as necessary to minimize psi loss. 2.1.22 GRAVEL: The gravel is to be /x inch to inch in diameter, clean washed and without the presence of foreign materials. 3.1 INSTALLATION 3.1.1 WATER SUPPLY: 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. 3.1.2 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. 3.1.3 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. 8 3.2 EXCAVATION 3.2.1 TRENCHES: 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. 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. Backfill and hand tamp any over-excavation prior to installing the pipe. Keep trenches free of debris that would damage pipe such as rocks, roots and dirt clods. Clearly and visibly, flag all open trenches, holes, and depressions until adequately filled or repaired. 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. When needed, incorporate all trench safety requirements for trenches over 4 feet in depth. 3.1.1 VALVE TRENCH: 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. 3.3 PIPE FITTING AND ASSEMBLY 3.3.1 Clearances: Maintain the following clearances between lines. Shared trenches are unacceptable for mainlines and laterals with out proper clearances. 3.3.2 Pipe 2 inches and smaller:4 inches. 3.3.3 Other Services: 12 inches minimum. 3.3.4 Maintain minimum 2 -inch vertical clearance between lines that cross. 3.4 PIPING CONSTRUCTION: 3.4.1 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. 3.4.2 POLYVINYL CHLORIDE (PVC) PIPE: Exercise care in handling, loading, unloading and storing plastic pipefittings. 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. Make all changes in direction of pipe with fittings, bending pipe is unacceptable. 3.4.3 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 outside of the fitting. Insert the pipe quickly into the fitting and turn pipe approximately '/ 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. 3.4.4 THRUST BLOCKS: One cubic foot of redi -mix concrete or minimum one cubic foot or thrust block. 9 3.4.5 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. 3.5 CONTROL WIRING 3.5.1 WIRING Lay wiring from the remote control valves to the controller along the supply mains whenever possible. Install wire with slack to allow for thermal expansion and contraction. Splice wire with mechanical connectors encased in a self -curing epoxy resin, which provides a permanent watertight connection. 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. 3.6 VALVES 3.6.1 ELECTRIC AND GATE VALVES: 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. 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. 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. 3.6.2 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. 3.6.3 QUICK COUPLING VALVES: Install valves plumb to within 1/8 of an inch. Locate valves as per irrigation drawings or as directed by OWNER or OWNER's Representative. Valve shall be contained singly within a round valve box. Top of valve shall be at least 4" below the valve box lid. Prior to installing irrigation heads, the contractor is to flush laterals and mains to remove rocks, dirt and debris. 3.7 SPRINKLER HEADS 3.7.1 Location of heads shall be in accordance with the construction drawings. Adjustment to the location of heads must be approved by the OWNERE or OWNERS REP. Installation shall utilize common trade techniques. 3.7.2 Install heads plumb to within 1/8 of an inch. 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. Set heads adjacent to roads or walks 6 inches from pavement edge and use swing joint assemblies in these areas. Clean all sprinkler heads before placing system in operation. Adjust direction of throw where necessary to provide coverage required and to minimize over spray onto sidewalks and paving. Throttle flow on heads to avoid throwing excessive amounts of 10 3.9 MISC. water on buildings and other structures. Change nozzles as necessary to adapt to site conditions, or as directed by OWNER or OWNER's Representative. Install all emitter and tubing above ground and under planting bed mulch. Prior to installing irrigation heads, the contractor is to flush laterals and mains to remove rocks, dirt and debris. 3.8 AUTOMATIC CONTROLLER: 3.8.1 INSTALLATION: according to manufacturer's specifications. Location of controllers and power requirements are to be reviewed with the OWNER'S Representative prior to installation. All electrical connections, from within the site, to the controller shall be apart of the contract. 3.8.2 LOCATION: Mount controller on powere pole near existin power meter. Height of controller must comply with ADA guidelines. 3.9.1 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. 3.9.2 ASHPALT /CONCRETE CUTTING AND PATCHING: Asphalt cuts to create trenches for placement of sleeves shall have width of at least 2 inches wider than outside dimension of sleeve pipe. Sleeving shall backfilled with washed, fill sand at a depth sufficient to permit specified asphalt patching to occur. The thickness of asphalt patching shall be 2 inches below which shall be placed poured concrete having a thickness of 3 inches. 3.10 INSPECTION, TESTING: 3.10.1 GENERAL: Do not enclose or cover any work until it has been inspected tested and approved. 3.10.2 Hydrostatic Piping Test: In the presence of the OWNER or OWNER'S Representative, hydrostatically test the main line to 100 PSI before backfilling. Test period shall not be less than (1) hour and will be witnessed by OWNERS REPRESENTATIVE. Test is acceptable if no leakage occurs during test period or as determined by OWNERS REPRESENTATIVE. Repair all leaks and retest system for another hour period if necessary. Continue this procedure until leaks are repaired. 3.10.3 Operation Test: After sprinkler heads are installed, test the system for coverage in the presence of the OWNER or OWNER'S Representative. Test is acceptable if system operates satisfactorily, with uniform coverage in all irrigated areas. 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. 11 3.11 CLEANUP& BACKFILL: GENERAL: 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. 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. Immediately replace and thoroughly hand water any plant material and ground cover, which may be displaced during installation. 4.0 Guarantee And Replacement: 6.4 Guarantee: Irrigation shall be guaranteed for 12 months from the date of acceptance following 30 -day maintenance period, including labor and materials. 6.5 Replacement: At the end of the guarantee period, inspection will be made by the owner upon written notice requesting such inspection submitted by the Contractor at least ten days before the anticipated date. Any items required under this contract that are un- operational, as determined by the owner, shall be replaced in accordance with drawings and specifications. Replacement shall be accomplished as soon as conditions permit. 7.0 Maintenance: 7.4 Maintenance shall begin immediately upon the commencement of installation of irrigation system and shall continue in accordance with the following requirements. Contractor shall provide and pay for maintenance. 7.5 The 30 -day maintenance period for irrigation system shall begin following response to the substantial completion punch list items first. Final inspection shall follow the 30 -day period. Final payment (retainage) will be released upon completion of items addressed during the final inspection. 8.0 Warranty: Completion of the final inspection punchlist items ends the 30 -day maintenance and begins the one -year (365 days) warranty. The contractor shall warranty installed materials /equipment against defects in materials /equipment and workmanship from their respective contractors /manufacturers a period of one year after the irrigation system is accepted by OWNER. As a part of the one year warranty, the contractor shall immediately repair or replace without cost to the Owner all material and equipment found to be defective due to faulty material or workmanship. As part of the one -year warranty, the contractor shall make repairs without charge to the Owner. 12 Landscape Planting 1.0 GENERAL A. Scope: Fumish all materials, tools, equipment and labor necessary for the installation of all plant materials and accessories shown on applicable Drawings in accordance with all requirements specified herein. Contractor shall provide and pay for all City required traffic/ pedestrian control devices. B. The work of this section includes but is not limited to the following: 4.0 Materials: 1. Clearing and grubbing. 2. Site leveling and grading (Imported brown loam) 3. Pre - planting weed control. 4. Soil preparation 5. Fine grading. 6. Planting operations 7. Maintenance 2.0 Inspection Notification: Notify Owner's representative 24 hours in advance of site inspections for: 1) inspection of plant beds, prepared soil, plant materials, layout and planting, 2) Layout configuration of plant beds and staking tree locations; 3) substantial and final completion inspections. 2.1. Existing Conditions: Contractor shall verify existing and proposed locations of all site utilities (including gas, electric, sanitary and storm sewers, water and telephone,) prior to any trenching or laying of pipe, and be solely responsible for the repair and/or cost to repair utilities to prior condition. 2.1.2 Coordinate Landscape work with that of all other sitework trades and contractors, as applicable. 3.2. Plant materials: 3.1.1 General Description: Plant materials shall mean trees shrubs, vines and plants of all descriptions required to be furnished for the project in accordance with the plant schedules. 3.1.3 Quality: Provide plants typical of their species or variety, with normal, densely developed branches and vigorous, fibrous root systems. Provide only sound, healthy, vigorous plants free from defects, disfiguring knots, sunscald injuries, frost cracks, abrasion of the bark, diseases, insect eggs, borers, and all forms of infestation. All plants shall have a fully developed form without voids or open spaces. 3.1.4 Standards: Plant names indicated comply with "Standard Plant Names" as adopted by the latest edition of the American Joint Committee of Horticultural Nomenclature. Names of varieties not listed conform generally with names accepted by the nursery trade. Provide stock true to botanical name and legibly tagged. Plants shall comply with the sizing and grading standards of the latest edition of "American Standards for Nursery Stock." 13 3.1.5 All plants shall be nursery grown under climatic conditions similar to those in the project locale. Field collected material shall not be acceptable unless noted on the Drawings. 3.1.6 Stock furnished shall be at least the minimum size indicated. Larger stock is acceptable, at no additional cost, and providing that the Larger plants will not be cut back to size indicated. 3.1.7 Balled & Burlap (B&B) Plants -Trees & Shrubs: Shall have firm, natural balls of earth properly bound with wire or twine and of sufficient diameter and depth to encompass fibrous and feeding root systems necessary for full recovery of the plant. Provide ball sizes complying with the latest edition of the "American Standard for Nursery Stock" Cracked or mushroomed balls are not acceptable. 3.1.8 Root balls of trees shall be 9" in diameter for each 1 inch of trunk diameter as measured 6 inches above ball. 3.1.9 Tree trunk caliper size shall be measured according to the following American Association of Nurserymen's formula; For 4" caliper and smaller the size is determined at a height of 6 inches above the ground; for trees greater than 4" but less than 8" the size is determined at a height of 12" above ground 3.1.10 Tree trunk caliper for multi -trunk or multi -cane trees shall determined by adding the largest existing trunk diameter, plus % of the diameter of each of the next three largest trunks only. Trunks to be measured 6" above the root ball. 3.1.11 Container Grown Stock: Plants shall have been frown in a nursery container for sufficient length of time for the root system to have developed to hold its soil together. No plants shall be loose in containers and no container stock shall be pot bound. 3,1.12 Plants planted in rows shall be matched in form. 3.1.13 The height of trees, measured from the crown of the roots to the top branch, shall not be less than minimum size designated in the plant list. 3.1.14 Any pruning wounds present must show vigorous bark on all edges 3.1.15 Shrubs and small plants shall meet the requirements for container size, spread and height indicated in the plant list. The measurements for height shall be taken from the ground level to the average height of the top of the plant and nor the longest branch. Side branches shall be generous, will- twigged and the plant as a whole well brushed to the ground. Single stemmed or thin plants will not be accepted. 3.1.16 Plants shall be in a moist. vigorous condition, free from dead wood, bruises or other root or branch injuries. 3.1.17 Review: All plants to be supplied by the Contractor shall be inspected for approval by the Landscape Architect prior to their installation. Initial review of plant materials shall he made by submitting a photograph of each type of plant to be used, to determine if plant materials generally appear acceptable. Photograph shall be of 14 representative size and shall include some means to determine scale; i.e. Yardstick, person, etc. Second review will be made at the site prior to planting to determine if plant materials meet specification and are free of infestations and disease. Alternate sources for plant materials may be submitted on bid proposal form accompanied with representative color photograph. 3.1.18 Plant List: 3.2. Soil Preparation Materials: 3.2.1 Imported Brown Loam Topsoil: Fertile friable, natural topsoil of coarse sandy loam or sandy loam character without admixture of subsoil material, obtained from a well drained arable site, collected free from clay, Lumps, coarse sands, stones, plant roots, sticks, toxic substances, and any other foreign materials which might be harmful to plant growth or hinder planting operations: between pH of more than 6.o and less than 7.0. Topsoil shall nor be delivered in muddy condition. To be used only for soilmix and plant bed areas. 3.2.1.1 Coarse Sandy Loam: It must consist of 25% or more very coarse and coarse sand, and less than 50% any other single grade of sand. 3.2.1.2 Sandy Loam: It must contain 30% or more very coarse, coarse, and medium sand (but less than 25% very coarse and coarse sand), and less than 30% either fine sand or very fine sand. 3.2.2 Soil Conditioner: "Back to Earth" composted cotton burr soil conditioner (cotton burr must be from plants which have not been chemically defoliated), as produced by Back to Earth Resources, Inc., Dallas, Texas, or equal. 3.2.1 Fertilizer: Commercial granular slow - release type, having an analysis of 15 -15 -15 with chelated iron added. 3.2.2 Water: The General Contractor will pay for water which will be available on site. Landscape Contractor will provide necessary hoses and watering equipment required to maintain and complete the work. Automatic irrigation system will be installed simultaneously with the landscape planting. Refer to irrigation drawings for the extent of the system. 3.3. Miscellaneous Materials: 3.3.1 Mulch: Shall be premium grade shredded hardwood bark mulch, not pine bark mulch. Sample to be approved. 3.3.2 Steel Edging: Col -Met professional steel edging, 14 gauge, 4" x 16', factory painted dark green and manufactured by Collier Metal Specialties, Garland. Texas, or approved equal, such as Ryerson Landscaping Edging. 3.3.3 Tree Staking Material: Stakes — 6' long metal "T" fence post, painted flat black: Hose — Y X 6" long black polyethylene tubing: Wire — galvanized multi- strand 12 gauge wire. 3.3.4 Weed Control: For plant beds, shall be 5% Dacthal granules, a weed control which kills weed seeds as they germinate, or equal. 15 3.3.5 Weed Control: For lawn areas to be roundup or equal. 3.3.6 Submittals: Submit following material samples, in a one quart plastic zip -loc bag, along with label from the manufacturer's package (if applicable), to the Owners Rep. For approval prior to construction: 4. Brown Loam Topsoil 5. Back to Earth Soil Conditioner (Composted Cotton Burr) 6. Fertilizer 7. Thoroughly mixed prepared soil composed of the above three components, in the ratio set forth in these specifications. 8. Shredded Bark Mulch These samples, if approved by the Landscape Architect, shall be used as the standard by which other materials shall be judged. Any bulk material that, in the judgement of the Landscape Architect, is below the quality of the approved samples may be tested in accordance with the specifications set forth herein. Rejected material shall be removed from the site at Contractor's expense. Payment for testing will be the Contractor's responsibility. 3.4 Delivery, Storage & Handling: 3.4.3 The Contractor shall coordinate all delivery and installation activities with General Contractor. 3.4.4 Deliver fertilizer materials in original, unopened and undamaged containers showing weight, analysis and name of manufacturer. Store in manner to prevent wetting and deterioration. 3.4.5 Cover plants transported on open vehicles with a protective covering to prevent windburn. Plants transported uncovered will be rejected. 3.4.6 Topsoil specified herein for planting bed mix shall be delivered and kept dry and loose. 4.0 Procedures: 4.2 Planting Operations: 4.1.1 All planting shall be done when weather and soil frozen ground conditions are suitable. When conditions are such, by reason of drought, high winds, excessive moisture, frozen ground, or other unsuitable factors, that satisfactory results ate not likely to be obtained, work shall be halted. It shall not be resumed until desired results can be obtained or alternative or corrective measures and procedures can be used. 4.1.5 All proper precautions so as not to disturb or damage subsurface improvements shall be observed. It shall be the Contractor's responsibility to locate all underground utilities and systems that might possibly be encountered. If underground obstructions should be encountered in the excavation of plant pits, alternate locations may be selected; verify locations with owner. 16 4.1.6 The Contractor shall at all times take adequate precautions to protect the existing improvements during the course of the project. Any damage incurred shall be corrected to original condition at his expense. 4.2 Planting Preparations: 4.2.1 Existing Conditions: Contractor shall examine the proposed planting areas and conditions of installation prior to construction. He shall not start planting work until unsatisfactory conditions are corrected. 4.3.14 The Contractor is responsible for bringing all shrub/ groundcover beds to finish grade with prepared soil mix, including the excavation of bed areas as needed to accommodate specified depth of prepared soil. Excavated topsoil, if it is clean, may be spread over designated lawn areas, provided it does not impair or modify drainage patterns, or cover sprinkler heads. 4.2.3 Layout: Locations for plants and outlines of bed areas shall be clearly marked on the ground in conformance with the drawings. Tree locations shall be staked. The Landscape Architect shall review and approve layout prior to excavation. 4.2.4 Qualifications: Planting shall be performed only by experienced workmen familiar with planting procedure under the supervision of a qualified supervisor. 4.4 Planting: 4.3.1 Locate plants as indicated or as approved in the field by the Landscape Architect. If obstructions are encountered that are not shown on the drawings, do not proceed with planting operations until alternate plant locations have been selected. 4.3.2 Provide for a uniform six -inch (6 ") depth (to finish grade) of prepared planting soil mix for shrub, groundcover beds and 12" depth for flower beds. Backfill all tree and shrub pots with same mixture, consisting of and being thoroughly blended in the following ratio: Per 1 cubic yard of brown loam topsoil, provide'' / cubic yard (or 4 / three cubic feet bags) "Back to Earth" soil conditioner (Composted Cotton Burr) Pounds of 8 -14-6 with Iron Fertilizer 4.3.3 Plant pits for trees and shrubs shall be excavated with vertical sides and flat bottoms per details on the drawings. 4.3.4 Place and compact sufficient prepared soil in planting pit to allow the plant materials to be set to proper grade and alignment. Set plants upright, plumb and faced to give the best appearance or relationship to each other or adjacent structure. Set plant material level with finish grade. No filling will be permitted around trunks or stems. Finish back - filling the pit with planting mixture. Do not use muddy mixtures for back filling. 17 5.0 Inspections: 4.3.5 After plants are set, muddle planting soil mixture around bases of balls to eliminate air pockets and fill all voids. In the case of balled and burlap plants, remove all burlap, ropes and wires from the top of balls. 4.3.6 Space groundcover plants in accordance with indicated dimensions. Adjust spacing as necessary to evenly fill - planting bed with indicated quantity of plants. Plant to within 18 inches of tree trunks and shrub centers within planting bed and to within 6 inches of edge of bed. 4.3.7 Weed Control: Shall be done by applying Dacthal to all shrub / groundcover beds at the rate of 1 pound per 200 square feet of bed area prior to mulching. 4.3.8 Mulching: Mulch groundcover and shrub beds with required mulching materials 2" - 3" deep immediately after planting and application of granular weed control Thoroughly water mulched areas. After watering, rake mulch to provide a uniform, finished surface. 4.3.9 Tree Staking/Mulching: Immediately stake all trees after installation. Trees shall be staked and mulched in accordance with the details on the drawings. Trees shall stand plumb after staking. 4.3.10 Pruning: Pruning shall retain the form typical of the plant. It shall include the removal of all dead. injured or broken twigs and branches and shall be done according to standard horticultural practices. 4.3.11 Edging: Install steel edging per manufacturer's recommendations in the locations shown on the drawings and wherever lawn areas border plant beds. Set top of edging 2" above finish grade. Install edging plumb and without kinks, securing with steel stakes, provided with edging. Cut steel edging sharp and square at all points where a change of direction occurs. Edging may be bent at corners, but this will only be acceptable if finished corner radius does not exceed one inch. 4.4 C Up: 4.4.1 During work, keep the premises neat and orderly, including organization of storage areas. Sweep road pavements thoroughly at the end of each day. 4.4.4 Remove trash from the site daily as work progresses, including debris, and waste material generated from excavating beds or planting plants. 4.4.5 Keep walks and parking areas clean of soil and landscape debris by sweeping or hosing. 5.1 Progress inspections will be made at regular intervals during the execution of work on the project. 5.2 The contractor shall maintain planted areas until final inspections and acceptance of the project. 18 5.3 A substantial completion inspection shall be made at the request of the Contractor. Planted areas will be reviewed for acceptance provided all requirements have been complied with and plant materials are alive and in a healthy, vigorous condition. 7.0 Plant Guarantee And Replacement: 7.1 Guarantee: Plants shall be guaranteed for 12 months from the date of acceptance following 30- day maintenance period, including labor and materials. 7.2 Replacement: At the end of the guarantee period, inspection will be made by the owner upon written notice requesting such inspection submitted by the Contractor at least ten days before the anticipated date. Any plants required under this contract that are dead or, as determined by the owner, are in unhealthy or unsightly condition, and have list their natural shape due to dead branches, or other causes due to the Contractor's negligence, shall be replaced in accordance with drawings and specifications. Replacement planting shall be accomplished as soon as conditions permit, but during the normal planting season. Guarantee all replacement plants for 12 months after date of installation. 7.3 Guarantee shall not include damage or loss of trees, shrubs or groundcovers caused by improper watering, heat, drought, floods, freezing rain, lightning storms, winds over 75 m.p.h., insect infestation or plant diseases manifesting themselves after acceptance, winter kill caused by extreme cold and sever winter conditions not typical of project area, acts of vandalism or negligence on the part of owner. Contractor is encouraged to monitor plant material during guarantee period. 7.0 Maintenance: 7.6 Maintenance shall begin immediately upon the commencement of installation of plant materials and shall continue in accordance with the following requirements. Contractor shall provide and pay for maintenance. 7.7 Plant material shall be protected and maintained until installation of planting in complete, inspection has been made and planting is accepted exclusive of the guarantee. Maintenance shall include watering, weeding, cultivating, mulching, tightening and repairing tree staking, removal and replacement or dead material, resetting plants to proper grade or upright positions, restoration of the planting saucers and other necessary operations. 7.8 The 30 -day maintenance period for all plants and lawn areas shall begin following response to the substantial completion punch list items first. Final inspection shall follow the 30 -day period. Final payment (retainage) will be released upon completion of items addressed during the final inspection. 8.0 Warranty: Completion of the final inspection punchlist items ends the 30 -day maintenance and begins the one -year (365 days) warranty. The contractor shall warranty installed materials /equipment against defects in materials /equipment and workmanship from their respective contractors/manufacturers a period of one year after the hardscape is accepted by OWNER. As a part of the one year warranty, the contractor shall immediately repair or replace without cost to the Owner all material and equipment found to be defective due to faulty material or workmanship. As part of the one -year warranty, the contractor shall make repairs without charge to the Owner. 19 6.0 PLANS 1.0 GENERAL DESCRIPTION 2.0 PLANS plans.doc PLANS 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 WATER TOWER PARK complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. The construction drawings listed below form a part of the Contract Documents: Sheet No. Desc riptio n Sheet Index 1 COVER SHEET 1 2 LAYOUT AND DESIGN 2 3 IRRIGATION PLAN 3 4 PLANTING PLAN 4 5 HARDSCAPE DETAILS AND NOTES 5 6 PLANTING DETAILS AND NOTES 6 P -1 7.0 ADDENDUM 8.0 ADDENDUM 9/24/99 8.01 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. 8.02 Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the Performance Bond and Payment Bond as required above, shall be just cause for the annulment of the award. 8.03 The bidder further agrees to complete the work in full within ninety (90) calendar days after the date of the written Notice -to- Proceed. Any other reference to the timeframe of work completion is to be disregarded. PERFORMANCE BOND 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 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 Article 5160 of the Revised Civil Statues of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 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 The name and address of the Resident Agent of Surety is: RESOLUTION NO. R- 99- 10- 28 -10B1 WHEREAS, the City of Round Rock has duly advertised for bids for masonry, irrigation and landscape services for the Water Tower Park, and WHEREAS, L &R Landscape Services, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of L &R Landscape Services, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with L &R Landscape Services, Inc. for masonry, irrigation, and landscape services for the Water Tower Park, a copy of said agreement being attached hereto and incorporated herein for all purposes. 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 28th day of 0 AT ST: City of Round Rock, Texas l ,� AiA Al ' 2e /L At E LAND, City Secretary K:\ WPDOCS \RESOLUTI \R9102BB1.WPD /scg 199 •':BERT A. STLU •/ JR., Mayor Memo Date: 10/20/1999 To: Shawn Porte From: J. Wade Tomlinson, ASLA, Park Planner RE: Water TowerPark Low Bid Reference Report Sharon, The low bidder for the Water Tower Park has supplied us with an extensive list of completed projects as well as contacts. I have made phone calls to many of the persons listed. All have given high praises for the quality of work of L &R Landscape Services Inc. They are referred to as the best masons in town and have high marks for landscape services as well. The irrigation work is usually sub- contracted to Phoenix inigation. The Austin Nature Center is listed as a project that has a bench that is very similar to the Water Tower Park design. I was able to view the finished bench and walk yesterday and was very pleased with the construction and appearance. Based on the referrals and project construction, I am recommending that we accept L&R Landscape Services as the contractor for the Water Tower Park. If you have any questions or if any additional information is needed please contact me. Thank you, Wade Tomlin on, A.SLA, Park Planner 1 Bid Tally Sheet for Water Tower Park Bid Date 10/12/1999 Time of Bid: 2:00 pm Bid Read By: J. Wade Tomlinson Bids Recorded By: Total IThomison 1Robco (Texas Trees ICreativescapes jL &R Manley 1 I $ 69,695.00 I $ 69,965.01 1 $ 70,100.00 1 $ 77,612.25 1 $ 66,929.00 1 $ 75,540.00 I DATE: October 21, 1999 SUBJECT: City Council Meeting — October 28, 1999 ITEM: 10.B.1. Consider a resolution authorizing the Mayor to execute an agreement with L &R Landscape Services, Inc. for the Water Tower Park in the amount of $66,929.00. Five bids were received and opened on October 12, 1999. The bids ranged from $77,612.25 to $66,929.00. Staff recommends approval. Staff Resource Person: Sharon Prete, Parks and Recreation Director.