R-12-11-20-G3 - 11/20/2012RESOLUTION NO. R -12-11-20-G3
WHEREAS, the City of Round Rock has duly advertised for bids for the Stone Oak Dam
Decommissioning Project, and
WHEREAS, Smith Contracting Company, Inc. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Smith Contracting Company, 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 a contract
with Smith Contracting Company, Inc. for the Stone Oak Dam Decommissioning Project.
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.
RESOLVED this 20th day of November, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
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City of Round Rock, Texas Contract Forms
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
AGREEMENT made as of the _ day of ��.b�in the year 2012 -
BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City")
221 East Main Street
Round Rock, Texas 78664
and the Contractor Smith Contracting Co., Inc. ("Contractor")
15308 Ginger St
Austin, TX 78728
The Project is described as: Stone Oak Dam Decommissioning
The Engineer is: Dustin Mortensen, P.E.
Freese and Nichols, Inc.
10814 Jollyville Road, Building 4, Suite 100
Austin, Texas 78759
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged, Owner and Contractor agree as follows:
ARTICLE I THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications, appears in Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
Contractor shall fully execute the Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others.
00500 7-2012 Page 1 of 5 Standard Form of Agreement
00196575
'x..42--1L'w'Cas
ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner.
3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contractor shall commence Work within ten (10 ) calendar days
from the date delineated in the Notice to Proceed.
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than N/AN( /A ) calendar days from issuance by Owner of Notice to Proceed,
and Contractor shall achieve Substantial Completion of the entire Work no later than
thirty 30 ) calendar days from issuance by Owner of Notice to Proceed, subject to
adjustments of this Contract Time as provided in the Contract Documents.
3.5 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the
date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated
damages, the sum of one thousand and
No/100 Dollars ($ 1,000.00 ) for each calendar day that Substantial Completion is delayed after the
date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is
entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's
failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for
Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which
includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of
moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that
if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the
date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect
liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law
and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial
Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the
Contract Documents.
3.6 Contractor shall achieve Final Completion of the entire Work no later than sixty
6� 0 ) calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the
Contract. The Contract Sum shall be one hundred one thousand, three hundred forty five and no hundredths
($ 101,345.00 ), subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents
and are hereby accepted by Owner:
Page 2 of 5
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor, and Certificates for
Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress
payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock
General Conditions, and elsewhere in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month.
5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a
Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not
later than the tenth (10th) day of the next month. If an Application for Payment is received by Engineer and Owner
after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer
issues a Certificate for Payment.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by
Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment.
5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as provided in Article 14 of the City of Round Rock General Conditions.
5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to
Contractor when:
Contractor has fully performed the Contract except for Contractor's responsibility to correct
Work, and to satisfy other requirements, if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by Engineer.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30)
days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment
shall be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not
be treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round
Rock General Conditions.
Page 3 of 5
6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General
Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owner and Contractor, as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project
Manual dated _September 2012
7.1.4 The Specifications are those contained in the Project Manual dated September 2012
7.1.5 The Drawings, if any, are those contained in the Project Manual dated September 2012
7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated
September 2012
7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the
Project Manual dated September 2012
7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms
03000," Federally Required Contract Clauses, as modified.
7.1.9 Other documents, if any, forming part of the Contract Documents are as follows:
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
8.2 Owner's representative is: Lance Shellenberger, Project Manager
City of Round Rock
2008 Enterprise Drive
Round Rock, Texas 78664 512-218-6609
8.3 Contractor's representative is: Hardin Camp II
Smith Contracting Co., Inc.
15308 Ginger St.
Austin, TX 78728 512-789-5441
8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to
the other party.
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
Page 4 of 5
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the
event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and
neither more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,
any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least three (3)
original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the
Contract, and the remainder to Owner.
OWNER CONTRACTOR
CIT F ROUN ROCK, TEXAS
Printed Name:
Title 1.9 1.1py u l
Date Signed: t?o'
ATTEST:
Caw,
City Clerk
FOR T , APP OVE AS TO FORM:
City Atto ey
Smith Contracting Co., Inc.
Printed Name:/�/f D -r
Title: ✓
Date Signed: /0 — 'Fig / 2
Page 5 of 5
PERFORMANCE BOND BOND NO. 58S203779
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
That Smith Contracting Co., Inc.
Travis
, and State of Texas
KNOW ALL BY THESE PRESENTS:
of the City of Austin County of
, as Principal, and West American Insurance Company
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 RUND ROCK, TEXAS, (Owner), in the penal sum of
One Hundr d One Thousand, Three HundredForty Five Dollars ($ 101, 345.00 ) for
and No HiAn redths
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:
WHERES, the Principal has entered into a certain written Agreement with the Owner dated the
qday of yeczj wf — , 2012 -to which the Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of: Stone Oak Dam Decommissioning
(Name of the Project)
-" NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Agreement, 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 Agreement and occurring within a period of twelve (12) months from the date of
Final Completion and all other covenants and conditions, according to the true intent and
meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation
shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00610 7-2009 Performance Bond
00090656
1 PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the term of the Agreement, 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 Agreement, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 25th day of October , 2012 .
Smith Contracting Co., Inc.
Principal
Printed Name
By-
Title:
Address: 15308 Ginger St.
Austin, TX 78728
Resident Agent of Surety:
.Signature
Robert James Nitsche
Printed Name
143 E. Austin
Street Address
Giddings, TX 78942
City, State & Zip Code
West American Insurance Company
Surety
Kenneth Nitsche
Printed Name
By:
Title: At orney- In -Fact
Address: 1600 N. Collins Blvd., Ste. 3000
Richardson, TX 75080
Page 2
00610 7-2009 Performance Bond
00090656
BOND NO. 58S203779
PAYMENT BOND
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That Smith contracting Co., Inc. , of the City of Austin , County of
Travis , and State of Texas as Principal, and West American Insurance
authorized under the laws of the State of Texas to act as Surety on Bonds for Princ`ipais, are held
and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors,
workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have
the right to sue upon this bond, in the penal sum of
One Hundred One Thousand, Three Hundred Forty Five and No Hundedths Dollars
($ 101,345.00 ) 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 certahl written Agreement with the Owner, dated
the 'g"' day of TV- e AWfL , 20I'L, to which Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of. Stone Oak Dam Decommissioning
ame of the Project)
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 Agreement,
then this obligation shall be and become null and void; otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00620 7-2009 Payment Bond
00090656
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's 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 25th day of October , 2012.
Smith Contracting Co., Inc.
Principal
_RAE DIA/ tf A/0100
Printed Name
By: r ✓�
Title:
Address: 15308 Ginger St.
Austin, TX 78728
Resident Agent of Surety:
Signature
Robert James Nitsche
Printed Name
143 E. Austin
Street Address
Giddings, TX 78942
West American Insurance Compan
Surety
Kenneth Nitsche
Printed Name
By:
Title: ttorne -In-Fact
Address: 1600 N. Collins Blvd., Ste. 3000
Richardson, TX 75080
Page 2
00620 7-2009 Payment Bond
00090656
Qa/ITL d%f%KI
-
DATE (MM/DD/YM)
ACORM CERTIFICATE OF LIABILITY INSURANCE 10/25/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Insurance Network of Texas
CONTACT
NAME:
AIC, No, EFAX
PHONE 979 542-3666 1/C No
ll
143 East Austin
Giddings, TX 78942-3299
EMAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Bituminous Casualty Corporation 20095
979 542-3666
INSURED
Smith Contracting Company, Inc.
15308 Ginger
Austin, TX 78728
INSURER 8: Texas Mutual Insurance Company 22945
INSURERC:
INSURER D:
INSURER E
INSURER F:
X COMMERCIAL GENERAL LIABILITY
.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN RR
TYPE OF INSURANCE
ADDLSUBR NSR
WVD
POLICY NUMBER
MM/LDDY EFF
MM/DD EXP LIMITS
A
GENERAL LIABILITY
CLP3566849
3/07/2012
03/0712013 EACH OCCURRENCE $110001000
X COMMERCIAL GENERAL LIABILITY
PREMISES Ea occTurrenc. $100,000
CLAIMS -MADE a OCCUR
MED EXP (Any one person) $ 5,000
X PD Ded:1,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS -COMP/OP AGG $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
A
POLICY JE 0 LOC
AUTOMOBILE LIABILITY
CAP3566847
3/07/2012
COMBINED SINGLE LIMIT $
03/07/201 Ea accident 1,000,000
X ANY AUTO
BODILY INJURY (Per person) $
ALL OWNED SCHEDULED
BODILY INJURY (Per accident) $
AUTOX HIREDSAUTOS AUTOS X NON OWNED
PROPERTY DAMAGE $
Per accident
AUTOS
X DrivqOth Car
I
$
A
X UMBRELLA LIAB
X
OCCUR
CUP2590939
3/07/2012
03/07/201 EACH OCCURRENCE s5,000,000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE s5,000,000
DED I X RETENTION $10000
$
B
WORKERS COMPENSATION
TSF0001150807
3/07/2012
03/07/201 X WC STATUITS - ER
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXE-111
E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? a
N / A
E.L. DISEASE - EA EMPLOYEE $1,000,000
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $1,000,000
A
Inland Marine
CLP3566848
3/07/2012
03/07/201 Rented/Leased $500,000
A
Inland Marine
CLP3566848
3/07/2012
03/07/2013 Inst Floater $200,000
tDESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Project: Stone Oak Dam Decommissioning
As per policy provision, Certificate Holder is listed as additional insured in regard to the auto and
general liability policies as provided by additional insured endorsement.
General liability, auto and workers compensation policies include(s) a 30 Days Notice of Cancellation
endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment
of premium, or direct cancellation by named insured as per policy provision.
City of Round Rock
City Manager
221 E. Main St.
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
.-. ,....w .. _Wmw
ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S421580/M418208 066
ROUND ROCK, TEXAS City Council Agenda Summary Sheet
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. G3.
Consider a resolution authorizing the Mayor to execute a contract with Smith Contracting
Agenda Caption: Company, Inc. for the Stone Oak Dam Decommission Project.
Meeting Date: November 20, 2012
Department: Utilities and Environmental Services Department
Staff Person making presentation: Michael Thane
Utilities & Environmental Services Director
Item Summary:
The Stone Oak Dam is a small in-line structure built across a dry creek bed between Preserve at Stone Oak and
Village at Mayfield Ranch subdivisions. The dam was built by the subdivision developer to serve as a detention pond
for the 4% annual chance and smaller storms. During a structures inventory in December 2011, the staff discovered
substantial damage to the Stone Oak Dam. It is presumed that the structure overtopped during the Hermine storm,
resulting in severe erosion.
Freese and Nichols, Inc. evaluated the current state of the structure and assessed the options of repairing, rebuilding
and/or decommissioning the dam in context of the new dam regulations and additional downstream development.
The original design and construction of the Stone Oak Dam provided minimal protection during the 1% storm. In its
compromised condition, the dam could pose a greater risk to downstream properties if overtopped again.
Furthermore, engineering analysis demonstrated that a simple repair is not practicable due to the original
construction methods, severe erosion and new dam standards. Thus, decommissioning is the best alternative at this
time.
On October 17th, eight bids for this project were submitted, ranging from $ 101,345 to $ 165,845. Smith
Contracting Company, Inc. from Austin submitted the lowest bid of $101,345, approximately 25 percent below the
engineer's estimate of $135,000.
Cost: $101,345
Source of Funds: General Self -Financed Construction
Recommended Action: Approval