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R-80-308 - 7/10/1980WHEREAS, the City of Round Rock has duly advertised for bids for the sealcoating of certain City streets, and WHEREAS, Pool & Rogers Paving Co., Inc. submitted the lowest and best bid, which bid was in the amount of $89,200.00, and WHEREAS, the City Council desires to accept the bid and enter into a contract with Pool & Rogers Paving Co., Inc. for said sealcoating, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS RESOLUTION NO. .308k That the bid of Pool & Rogers Paving Co., Inc. is hereby accepted, and subject to a contract being approved by the City Attorney, the Mayor is hereby authorized and directed to execute a' contract with Pool '& Rogers Paving Co., Inc. to provide said sealcoating. RESOLVED this 10th day of July, 1980. AllaW tow.RY ONN, Mayor City of Round Rock, Texas ATTEST: 1 ce,/ /!_dam AND, C ty Secretary ©4ti s1 ' L Xec i7 ca/ Cow y CITY OF ROUND ROCK STREET SEALCOATING SPECIFICATIONS AND CONTRACT DOCUMENTS JUNE, 1980 \ CITY OF ROUND ROCK INVITATION TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, for sealcoating approximately 100,000 S.Y. of street surfaces in the City of Round Rock, as described in the Specifications, will be received until 9:00 a.m. July 7, 1980, and then publicly opened and read aloud. Instructions to Bidders, Specifications, Contract Documents, and Proposal Forms may be obtained without charge from the Director of Public Works City Hall at Round Rock. Bids must be submitted on City of Round Rock Proposal Forms and must be accompanied by an acceptable bid security equal to five percent (5 %) of the total amount bid. The successful bidder will be expected to execute the standard con- tract prepared by the City of Round Rock, and the furnish performance and payment bonds, each in the amount of one - hundred percent (100 %) of the total bid. Award of the contract will be made within thirty (30) days after bid opening. Issued this the 23rd day of June, 1980. Publish June 23 & June 30 Joanne Land City Secretary INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to visit the site of the work; to inform themselves by their independent research, tests and investigations of the difficulties to be encountered and judge for them- selves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its comple- tion; and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, speci- fications, or other documents, or" should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation 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, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a cashier's check upon a National or State Bank in'an amount not less than five per cent (5 %) of the total maxi- mum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Pro- posal guarantees must be submitted in the same sealed envelope with the pro- posal. Proposals submitted without check or bid bond will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the successful bidder which the City of Round Rock will hold until the successful bidder has executed the contract. Thereafter, the security of the successful bidder will be returned. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clearness in stating the prices in the bids, the City of Round Rock reserves the right to consider the most advantageous construction thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the Contract will be made within 30 days after opening of the pro- posals, and no bidder may withdraw his proposal within said 30 -day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a satisfactory performance bond in the amount of one - hundred per cent (100 %) of the total contract price and a satisfactory payment bond in such amount, both duly executed by such bidder as principal and by a corporate surelty duly authorized to so act under the laws of the State of Texas and Surety. 12. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the surety bond as required shall be just cause for the annulment of the award. In case of the annul- ment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damages. 13. No contract shall be binding upon the City of Round Rock until it has been signed by its City Manager, after having been duly authorized to do so, or unless the action of the City Manager in signing said contract has been ratified by the City of Round Rock. 14. The contractor shall not commence work under this contract until he has ob- tained all insurance required and such insurance has been approved by the City of Round Rock nor shall the Contractor allow any subcontractor to com- mence work on his subcontract until all similar insurance required of the subcontractor has been obtained and approved. 15. 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 payment shall be the actual amount of work done and /or material furnished. 15. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which qualified for exemption pursuant to the provisions of Article 20.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this con- tract 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 in lieu of the tax, said exemption certificate com- plying with State Comptroller's ruling #95 - 0.07. Any such exemption certifi- cate 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 effec- tive July 1, 1971. I 11 r Minutes of Board of Directors POOL & ROGERS PAVING CO., INC. A special meeting called by the President of the Board of Directors of POOL & ROGERS PAVING CO., INC. of which notice was duly given, was held at the office of the Company in Austin, Texas on the 31 day of May, 1978 being convened at 11:00 O'Clock A.M. Present were all directors, who constituted a Quorum. On motion duly made, seconded, and carried the following resolution was made: Resolved that: Leonard S. Smith, and Randy McLerran, each being appointed to the office of Vice - President of the Corporation and said resolution makes them duly authorized to sign Bid Proposals and Contracts for the Corporation. Upon motion duly made and carried, the meeting was adjourned. ELIZABETH C. ROGERS Secretary /Treasurer POOL & ROGERS PAVING CO., INC. The State of Texas, County of Travis Before me, the undersigned authority, on this day personally appeared Elizabeth C. Rogers, Secretary /Treasurer of POOL & ROGERS PAVING CO., INC. a Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said Corporation. Given under my hand and seal of office on this the 2/./d day of L W) sue_ , A.D. 1978. Notary.;Public in and for 77&lU /5 County, Texas 2 Furnish, spread, and roll gravel, as specified, for the unit price of 1541 - dolla'rs and P R O P O S A L cents FeT yard Round Rock, Texas July 7, 1980 PROPOSAL OF ,,/ / � �_ i - , a corporation, organized and existing under the laws of the State of ! 2,ro s a partnership consisting of an individual doing business as TO THE CITY OF ROUND ROCK, TEXAS: Pursuant to Instructions and Invitation to Bidders, the undersigned proposes to furnish all labor and materials and perform the work required for the sealcoating certain streets in accordance with the specifications to -wit: Unit Total Item Description Bid No. of - Price • Price N .(price in words) Units Units (figures) (figures) 1 Prepare pavement sur- faces and furnish and apply asphalt, as specified, for the o , unit price of /) / �° a ..v. e - dollars��' and 4 z""' 4 tents per gallon C gal 26,000 . $ Accompanying this proposal is a Bid Bond or Certified or Cashier's Check on a State or National Bank payable to the order of the City of Round Rock for Dollars ($ ) which amount repre dnts five percent (5% the total bid price. Said check is to be retruned t idder, un e in case of the acceptance of the pro- posal, bidder shall fail to execute and file a contract on or before 10 days after acceptance of said proposal, in which case the check shall become the property of said City of Round Rock, and shall be considered as payment for damages due to delay and other inconveniences suffered by said City of Round Rock due to the failure of the Bidder to execute the contract. The City of Round Rock - reserves the right to reject any and all bids. The owner will act on this proposal on July 10, 1980. Upon acceptance and award of the contract to the undersigned by the Owner,.the undersigned shall execute standard City of Round Rock Contract Documents and make Construction and payment bonds for the full amount of the contract on or before July 21, 1980, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. Work under this contract shall commence within 30 consecutive calendar days after award of contract by the Owner, and the undersigned shall cause such work to . progress in a manner satisfactory to the Owner. Such work shall be completed in full within 45 consecutive calendar days from and after date of award of contract.. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correc and final. Signed Please return bidders check to: /e7. ��/- �, f..< -,.�., f . Address � / 7,,1 -25ie 7 of f , ye,as / CP/ 7 a. .7 c.c. Name /07s/ ,f/jA 4.4c f�- Address L4 ,✓ %X 79 79-8 Address AGREEMENT THE STATE OF TEXAS COUNTY OF WILLIAMSON That this Agreement made and entered into this 10th day of July A.D., 19 80 , by and between the CITY OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter termed the Owner, and Pool & Rogers Paving Co, Inc of the City of Austin , County of Travis State of Texas , Second Party, hereinafter termed the Contrac- tor. KNOW ALL MEN BY THESE PRESENTS 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 July 7, 1980 for certain improvements described as follows; Street Sealcoatinq The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the Gene - ral ad ExtranWorkeasamay the and Agreement. The Contractor hereby agrees to commence work under this contract within 30 consecutive calendar days after award of contract and shall cause work to pro- gress in a manner satisfactory to the Owner. Such work shall be completed in full within 45 consecutive calendar days after award of contract. The Owner agrees to pay the Contractor in current funds, and to make pay- ments on account, for the performance of the work in accordance with the Con- tract, at the prices set forth in the Contractor's Proposal, subject to addi- tions and deductions, all as provided in the General Conditions of the Agree- ment. The following documents, together with this Agreement, comprise the Con- tract, and they are as fully a part thereof as if herein repeated in full: The Notice to Contractors The Special Conditions of Agreement The Instructions to Bidders The Technical Specifications The Proposal and Bidding Sheets Addenda The Performance and Payment Bonds Change Orders The General Conditions of The Plans Agreement AUSTIN WHITE LIME COMPANY P. 0. BOX 9556 AUSTIN, TEXAS 78766 CHEMICAL, BUILDING AGRICULTURAL LIME TELEPHONE AREA CODE 612.255-3E46 # L6.27( 0#7 £�s JiziTA-0-7/4/3-/ AGREEMENT (CONTINUED) IN WITNESS WHEREOF the Parties tooth ese i p re sents have executed,thiS Agreement in the year and day CITY OF ROUi61ROCK, T By Ray• r POOL & ROGERS PAVING CO., ontr actor , OWNER _ PERFORMANCE BOND THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON of the THAT, Pool & Rogers Paving Co. I and State ofd- -- , , County of Travis —' City in Austin A merican Emloyers' Insurance Company on bonds for as horizeda end here= bound u nto the City of Round Rock, T sum authorized under the aws of the State of Texas to act as s ure principals, are held and COUNTY , inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS 89 2) for (Owner), and their and il� bind themselves of eight - nine -thous the tsaiduPrincipal an' Surety and nd ve h elly, the payment , adm administrators, executors, successors and assigns jointly heirs, administrators, by these presents: the Prifl ip 1g 80 to ct i i contract WHEREAS, al has entered into certain written contract with the is Owner, b yted the 10th day made art hereof as fully and t the same extent as is hereby referred to and made a P if copies at length herein consisting of: Street Sealcoating duly the inva all r conditions erform said contract and shall, in all respects, NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the say rin- and dal shall f ob P perform all and singular the Principal a fgieefents in and p but not and to, t the repair of any and agreements in and by said Contract, agreed and covenanted by to be observed and performed, including go resulting from defects in mater- or workmanship of, the Principal in performing the work cover - and all defects in said work occasioned by period of twelve months from the date idls furnished by within a p of by said Contract le d occurring Certificate of the Contract Completion and all other covenants and conditions, according to the true intent and rm of �s aid l Co nora ct, a and Specifications hereto annexed, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of herpvisions of said A Article 5160 of the Revised determined in accordance with t Civil Statutes of Texas as amended and all liabili ties on this bond shall Article e to the same extent as if it were copies at length herein. of stipulates and agrees that no change, extension work pro Su for value received, P contract, an in plans, specifications, or drawings accomp y g the time, alteration or addition to the terms sts onethis bond, and it does hereby formed thereunder, or the p same, shall in anywise affect its extension waive notice of any such change, extension of t'ma to the terms of the contract,' or to the work to be performed • It4 WITNESS WHEREOF, the said Principal and Surety have sed and sealed this instrument this 10th day of Jul 19 ign 80 American Employers' Insurance Company Surety By Title Roberta Turner pity -in -Fact FRANK SIDDONS tNSUR NCE Pool & Rogers Paving Co., Inc. Princlpa By Title i Address 10731 Menchaca Rd Austin Texas 78748 Address t l. AUSTIN, TEXAS 78763 • The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANCE TEXAS 78768 Principal Pool & Rogers Paving Co., Inc PAYMENT BOND THE STATE OF TEXAS i COUNTY OF WILLIAMSON THAT, Pool & Rogers Paving C o . , f the City of Austin County of Travis • and State of Texas as principal, and American Employers' Insurance Company authorized under the laws of the State of Texas to act as surety an bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter of called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), i n ath e ( p ena 8 9 s 00.o0 ) eighty- nine- thousand - two- hundred and 1 for the payment whereof, the said Princip 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 wwith contract Owner, dated the lothday of July , 19 80 , to is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin- cipal shall pay all claimants supplying labor and material to him or a subcon- tractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabili- ties on this bond shall be determined in accordance with the provisions of and said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the.plans,'specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby the i of the any such the fbe time, performedalteration addition to thereunder . IN WITNESS WHEREOF, the said Principal and Surety ha and sealed this Instrument this 10th day of July American Employers' Insurance Company KNOW ALL MEN BY THESE PRESENTS Surety B '2;Z ia,< 44‘..1(et Roberta Turner, Atty -in- Fact Title �� FRANK SIDDONS Iati ; %I :CE Address 10731 Manchaca Rd P. 0. DOS 212 Austin, Texas 78748 AUST TEXAS /SIB$ The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANCE P. 0 . DO X 2125 TiN, TEXAS /a /68 A60903 -8 POWER OF ATTORNEY • KNOW ALL MEN BY THESE PRESENTS, that the AMERICAN EMPLOYERS' INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the Cisy of Boston, Mass., hath made, constituted and appointed, and does by these presents make and constitute and appoint R. F. Siddons, Jr., Robert C. Siddons, Steven U. Siddona, Roberta Turner and Betty Turner all of Austin, Texas and each of them its true and lawful Attorneyin - Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all 'tents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the AMERICAN EMPLOYERS' INSURANCE COMPANY at a meeting duly called and held on the Twenty - seventh day of July, 1972: Resolved: That the President, or any Vice - President, or any Assistant Vice - President, may execute for and in behalf of the company any and all bonds, recognizance!, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice - President, or Assistant Vice - President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and affix the,seal of the company thereto; and that the President, or Vice - President, or any Assistant Vice - President, may at any time remove, any such Attorney -in -Fact and revoke all power and author- ity given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizance, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizance', contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by -laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys -in -Fans. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the AMERICAN EMPLOYERS' INSURANCE COMPANY at a meeting duly called and held on the Twenty - seventh day of July, 1972: "Resolved: That the signature of the President, or any Vice- President, or any Assistant Vice - President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys -in -Fact for purposes only of executing and attesting any bond, undertaking, recog- nizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the com- pany with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the AMERICAN EMPLOYERS' INSURANCE COMPANY, has caused these presents to be signed by its Assistant Vice - President and its corporate seal to be hereto affixed, duly attested by its Secretary this 16th day of June 19 80 COMMONWEALTH OF MASSACHUSETTS C'OUNT'Y OF SUFFOLK SS On this 16th day o f June 19 80 before me personally came Robert J. Spencer, Assistant Vice - President, and Raymond M. Defossez, Secretary of the AMERICAN EMPLOYERS' INSURANCE COMPANY, to me personally known to be the indi- viduals and officers described in and who executed the preceding instrument, and they acknowledge the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that tho seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. Raymond AI. D 1 a l Secretary By AMERICAN EMPLOYERS' INSURANCE COMPANY Robert Jane r — A ssistant Vice- President CL� C- 64....) Sandra Wischow — Notary Public (My Commission expires August 1, 1983) CERTIFICATE 1, the undersigned Assistant Secretary of the AMERICAN EMPLOYERS' INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. Signed and sealed at the City of Boston. Dated this ( A6) day of 190 r. v Andress 1. Gross — Assistant Secretary 8-78 TO: TYPE OF INSURANCE Workmen's Compensation Comprehensive General Liability Includes Contractual Liability Covers LadIndependent Contractors Owner's Protective Comprehensive Automobile Liability © Owned Vehicles D Hired 1 � Vehicles Non -owned Vehicles Includes Contractual Liability } X1 CERTIFICATE OF INSURANCE City of Round Rock Date: July 15, 1980 Description of Work: 214 East Main Street Street Sealcoatina Round Rock, Texas 78664 THIS IS TO CERTIFY THAT Pool & Rogers Paving Co., Inc. is, at the date of this certificate, insured by this company with respect to the business opera- ' tions hereinafter described, for the types of insurance and in accordance with • the provisions of the standard policies used by this company, and further here - inafter described. Exceptions to standard policies are noted on the reverse side hereof. POLICY NO. CS02317714 GL03272703 GL03272703 EFFECTIVE DATE 10/31/79 10/31/79 EXPIRATION DATE ]0/31/£ 1 10/31/79 10/31/80 LIMITS OF LIABILITY Statutory, State of Texas, $ 100,000. Employer's Liability Bodily Injury $ 300,000 each person $ - 300T000 each accident Property Damage $ 100,000 each accident $ 100,000 aggregate Bodily Injury $ each person $ each accident Property Damage $ each accident $ aggregate Bodily Injury $ 250 :000 each person $ 500,000 each accident Property Damage $ i oo Ono each accident The above policies either in the body thereof or by appropriate endorsement provide that they may not be'changed or cancelled by the insurer in less than ten days after the insured has received written notice of such change or cancel- lation. This Certificate of Insurance neither affir orliegatiielycatends, his tends, or alters the coverage afforded by policy certificate. piyFRTC4N CFNF.PAL INSl'FANCE CO'PANIES Name of Insurer By: Title_ Address Page 2 of 2 Authorized representative P. 0. Box 2125 us exas GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page 1 1. DEFINITIONS 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 3 2.02 Right of Engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 4 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses, Permits, and Certificates 5 2.08 Royalties and Patents 5 2.09 Keeping of Plans and Specifications Accessible 5 2.10 Discrepancies and Omissions 5 2.11 Contractor's Understanding 5 2.12 Extra Work 6 2.13 Payment for Extra Work 6 2.14 Assignment and Subletting 7 2.15 Subcontractors 8 2.16 Owner's Status 8 2.17 Completed Portions of Work - 8 2.18 Materials 8 2.19 Receiving and Storage of Materials 8 2.20 "Or Equal" Clause 8 2.21 Completed Work 9 2.22 Materials- Furnished by the Owner 9 2.23 Protection of Property 9 2.24 Shelters for Workmen and Materials 9 2.25 Sanitary Facilities 10 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES . 10 3.01 Labor, Equipment, Materials and Construction Plant 10 3.02 Performance and Payment Bonds 10 3.03 Contractor's Ability to Perform 11 3.04 Superintendence and Inspection 11 3.05 Character of Employees 11 3.06 Contractor's Duty to Protect Persons and Property 11 3.07 Safety Codes 12 3.08 Barricades 12 3.09 Minimum Wages 12 3.10 Unsuitable Work or Materials 12 3.11 No Waiver of Contractor's Obligation 13 3.12 Site Clean Up 13 3.13 Guarantee 14 (CONTENTS CONTINUED) Pag 4. OWNER'S OBLIGATIONS AND REPONSIBILITIES 14 4.01 Lines and Grades 14 4.02 Right of Entry 14 4.03 Owner's Inspectors 14 4.04 Collateral Work 15 4.05 Right -of -Way 15 4.06 Adequacy of Design 15 5. SCHEDULING AND PROGRESS OF WORK 15 5.01 Order and Prosecution of the Work 15 5.02 Rate of Progress 16 5.03 Sunday, Holiday, and Night Work 16 5.04 Hindrances and Delays 16 5.05 Extensions of Time 17 5.06 Liquidated Damages for Failure to Complete on Time 17 6. INDEMNITY 18 6.01 Contractor's Indemnity Provision 18 6.02 Workmen's Compensation Insurance 1 6.03 Comprehensive General Liability Insurance 18 6.04 Owner's Protective Insurance 19 6.05 Comprehensive Automobile Liability Insurance 19 6.06 Insurance Certificate 19 7. TERMINATION OF CONTRACT 20 7.01 Right of Owner to Terminate 20 7.02 Right of •Contractor to Terminate 20 7.03 Removal of Equipment 20 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 20 8.01 Notification of Contractor 20 8.02 Retention of Contractor's Equipment and Materials by Owner 21 8.03 Methods of Completing the Work 21 8.04 Final Acceptance 22 8.05 Disposition of Contractor's Equipment 22 9. MEASUREMENT AND PAYMENT 23 9.01 Character of Measurements 23 9.02 Estimated vs. Actual Quantities 23 9.03 Payment 24 9.04 Monthly Estimates and Payments 2 9.05 Certificates of Completion 24 9.06 Final Estimate and Payment 25 9.07 Notarized Affidavit 25 9.08 Release of Liability 25 9.09 Contractor's Obligation 26 9.10 Payments Withheld 26 GENERAL CONDITIONS OF THE AGREEMENT 1. DEFINITIONS 1.01 Calendar Day. A calendar day shall be the 24 hour period from one midnight to the next consecutive mid- night. 1.02 Contract Documents. The Contract Documents shall con- sist of the Invitation to Bidders; the Instructions to Bidders; the Proposal; the Signed Agreement; the Per- formance and Payment Bonds; the General Conditions of the Agreement; the Special Conditions of the Agree- ment; the Specifications; the Plans; the Standard Drawings; Addenda; and duly authorized Change Orders. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Perfor- mance and Payment Bonds, Proposal, Special Conditions of the Agreement, Invitation to Bidders, Specifica- tions, Plans, and General Conditions of the Agree- ment. 1.03 Contractor. "Contractor" shall mean the business or- ganization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representa tives. 1.04 Engineer. "Engineer" shall mean the City Engineer of the City of Round Rock, Texas, or such other engineer, supervisor, or inspector who has been designated, ap- pointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. -1- 1.06 Owner. "Owner" shall mean the City of Round Rock, Texas, named and designated in the Agreement as the "Party of the First Part" acting through'its duly authorized officers and agents. 1.07 Plans. "Plans" shall mean.and include (a) all draw- ings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engi- neer as and when required to clarify the intent and meaning of the drawings submitted by the Owner to the Contractor, and (c) drawings submitted by the Contrac- tor to the Owner when and as approved by the Engi- neer. 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepar- ed by the Owner as a basis for proposals, (b) all sup- plementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work, or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, how- ever, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially com- pleted" shall that the structure or facility has been made suitable for use is in condition to serve its intended purpose, but still may require minor mis- cellaneous work and adjustments. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material, and services to be fur- nished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the prin- cipal units of the work for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. -2- 1.13 Written Notice. "Written notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or•to an officer of the corporation for whom it is intended, or if de- livered at or sent by certified or registered mail to the last business address known to him who gives the notice. 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litiga- tion it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Con- tract; that he shall determine all questions in rela- tion to said work and the construction thereof, that he shall in all cases decide every question which may arise relative to the execution of the Contract on the part of the Contractor; that his decisions and find- ings shall be the conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract and to the rights of the Contractor to receive any money under this Contract; provided, how- ever, that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the Con- tractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress re- quired under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. -3- 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer, may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans, or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or altera- tions diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If they increase the amount of work and the increased work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this Con- tract; otherwise such work shall be paid for as pro- vided under Section 2.12 "Extra Work ". In the event the Owner shall make such changes or alterations which will make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any materials or labor so used, for any actual loss occasioned by such change, and for the actual expenses incurred in prepa- ration for the work as originally planned. 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. The Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons, firms, corporations, or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage aris- ing out of the nature of the work to be done or from the action of the elements or from any unforeseen cir- cumstances in the prosecution of the work or from unu- sual obstructions or difficulties which may be encoun- tered in the prosecution of the work shall be sustain- ed and borne by the Contractor at his own cost and expense. 2.06 Laws and Ordinances. The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances, rules and regulations which -4- in any manner affect the Contract or the work and shall indemnify and save harmless the Owner against any claim arising from the violation of any such laws or his em and ployeeslorn Contractor his subcontractors andtheiremployees. 2.07 Licenses, Permits and Certificates. p after stipulated, all licenses, permits, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is re- quired such permit will be obtained by the Owner at no cost to the Contractor. 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and demand for damages, royalties, or fees on any patented tion used by him in connection with the work e orw- material furnished under this Contract; provided, li- ever, that if any patented material, machinery, app ance, or invention is clearly the of this and the cost of procuring rights use legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Keeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with three (3) sets of executed Plans and Specifications without ex- pense to him, and the Contractor shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 2.10 Discrepancies and Omissions. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in ac- cordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation de fined under "Contract Documents" shall govern. event that there is still any doubt as to the meaning arid intent of any portion of the Contract, Specifica tions or Drawings, the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understoodamida- agreed that the Contractor has, by tion, satisfied himself as to the nature and location -5- of the work, the conformation of the materials ou, th the bchar- acter, quality and quantity countered, the character of equipmenntpan and e facilities needed preliminary to and during of the work, the general and local conditions, and a affect matters which can in any way k or under this Contract. No verbal lr of c o n v e rsa _ tion with any officer, agent, er, either before or after the execution of this Con- tract, shall affect or modify any of the terms or ob- ligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood toemeane and hincludehall work that may be required by Engineer to be done by the Contractor to accomplish any change, alteration, or addition to the Sporifshown by the Plans or reasonably implied by the tions and not covered by the Contractor's Ppasal, except as provided in Section 2.03 - "Changes Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the a written Change Order authorizing such extra arise as to what does Should a difference of opinion or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance, the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compen sation to be paid the Contractor for performing extra work shall be determined by one or more of the follow ing methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or -6- Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced, then the Contractor shall be paid the "actual field cost" of the work plus 15 %.' Where extra work is performed under Method "C ", the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, crafts- men, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power- driven equipment at agreed -upon rates for the time actually employed or used in the performance of the extra work; (d) transportation charges neces- sarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants, water, and similar operating expens- es; (f) all incidental expenses incurred as a direct result of such extra work including sales or use taxes on materials, payroll taxes, and the additional pre- miums for construction bonds, workmen's compensation, public liability and property damage, and other insur- ance required by the Contract where the premiums therefor are based on payroll and material costs. The Engineer may direct the form in which accounts of the "actual field costs" shall be kept and may also speci- fy in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equip- ment shall be incorporated in the written extra work Change Order. The 15% of the "actual field cost" to • be paid the Contractor shall cover and compensate him for his profit, overhead, and general superinten- dence. 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without• the previous written consent of the Owner, nor shall he assign, by power of attorney or otherwise, any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to -7- become due to the Contractor shall be subject to all prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully re- sponsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon writ- ten notice from the Owner. 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any sub- contractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not com- pleted in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor • shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish• until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The Contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to -8- the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Con- tract Documents. 2.21 " Completed Work. The Contractor shall maintain contin- uous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign ele- ments. 2.22 Materials Furnished by the Owner. The Contractor shall assume responsibility for and safeguard any and all materials supplied by the Owner against loss or injury. This provision shall extend to the taking of all necessary sanitary precautions to avoid contamina- tion of such materials that must be maintained and in- corporated into the work in a sanitary condition. 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utili- ties. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits, and other facilities belong- ing to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be main- tained in a manner satisfactory to the Engineer. -9- 2.25 Sanitary Facilities. Necessary sanitary toilet facil- ities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equip- ment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or p onsi tion of any material, tools, or machinery on any part of the work until it is finally completed and accept- ed. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or fur- nishing him any equipment in the execution of the Con- tract. It is. agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the per- formance and payment bonds shall be acceptable accord- ing to the latest list of companies holding certifi- cates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. -10- 2.25 Sanitary Facilities. Necessary sanitary toilet facil- ities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor, Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equip- ment, machinery, supplies, and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protec- tion of any material, tools, or machinery on any part of the work until it is finally completed and accept- ed. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or fur- nishing him any equipment in the execution of the Con- tract. It kS agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the per- formance and payment bonds shall be acceptable accord- ing to the latest list of companies holding certifi- cates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. -10- 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which'is outlined in this document. This shall include an equipment in- ventory and records showing the satisfactory comple- tion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 "Termination of Con- tract'', if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a compe- tent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superinten dent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervi- sion of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to em- ploy only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub -stan- dard character by reason of carelessness, incompe- tence, or inexperience on the part of the workers the installation of such work shall be immediately sus - pended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking rea- sonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas, and other areas in anyway connected with the performance of this Con- tract, the Contractor shall not create excavations, obstructions, or any dangerous condition'or nuisance of any nature whatsoever in connection with the per- formance of this Contract unless necessary to its per- formance, and in that event the Contractor shall pro- vide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be nondeleg- able, and the Contractor's compliance with the speci- fic recommendations and requirements of the Owner as to the means of warning shall not excuse the Contrac- tor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, and Muni- cipal safety laws and building and construction codes. All machinery, equipment, and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America ex- cept where incompatible with Federal, State, or Muni- cipal laws or regulations. 3.08 Barricades.. When barricades are used to satisfy safety requirements, such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established pre- vailing wage - scale for work of a similar character in this locality. A scale of prevailing wages is includ- ed in the Special Conditions of these Contract Docu- ments. The Contractor shall pay not less than the general prevailing wages shown on said scale and shall keep accurate wages records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be deemed by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall, after receipt of written notice thereof from the Contracting Officer, -12- forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be de- ducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or inspector shall have no power to waive the obligations of this Contract for the furnishing by the Contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor, or inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however that the Engineer, supervisor, or inspector shall upon request of the Contractor inspect and accept or reject any material furnished, and once the material has been ac- cepted by the Engineer, supervisor, or inspector such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet the specifications 'for the work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer prior to final acceptance, and if found not in accor- dance with the specifications for said work, all ex- pense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the ex- pense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 Site Clean Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction per- iod. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge rg r or therefor, carefully clean out all pits, pipes, the con- duits, shall tear down and remove all temporary struc tures built by him, shall remove all rubbish of every -13- kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of 12 months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out of defective workmanship or materials, or both, which in the judg- ment of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contrac tor's expense; provided, however, that in case of an, emergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever neces- sary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable, and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc. shall be carefully preserved by the Con- tractor, and in case of careless destruction or remov- al by him or his employees such stakes, marks, etc. shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or loca- tion on which the work herein contracted are being constructed or installed for the purpose of supervis ing and inspecting the work or for the purpose of con - structing or installing such collateral work as the Owner may desire. 4.03 Owner's Inspectors. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervi sors, or inspectors as the said Owner may deem neces sary to inspect the material furnished and the work -14- done under this Contract, to'see that the said mater- ial is furnished, and to see thas work i th do n e oin in with the plans and specifications The Contractor shall furnish all rea le nor assistance required by the inspectors for the proper inspection and examination of the work and all parts with thereof. The ontradtir- su eo ervisors, or inspectors shall regard and comp Y h - structions of the Engineer, P so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to pro- vide all labor and material essential to the comple- tion of work that is not included in this Contract ol- either by a separate contract or otherwise. Any lateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the pro- gress of the work being accomplished under this Con- tract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 Rand— ds— oeeded't raconstructionsundervthispCon and Contract will be provided by the Owner. 4.06 Adequac of Desn. it is agreedithat shall be responsible for the adequacy ciency of the Contract Documents, the safety of the • structure and practicability of the hetoperations ooff completed project; provided plied with a p prove d l modifications e ther eof, said Contra ti ons c addi- , all approved and alterations thereto app roved in writing by the Owner. The burden of proof of such compliance _ pli wi he has com shall upon the Contractor to the a C ntract Docu- plied with the said requirements roved ments, approved modifications thereof and all app additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order nd intent of this enPs1 meaning Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and sea- sons in such order of precedence and in such manner as shall be most conducive to economy of construction; -15- provided however, that the order and time of prosecu- tion shall be such that the work shall be substantial- ly completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the ele- ments or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engi- neer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work, the Engineer may order the Contractor to in- crease or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Con- tractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. 5.03 Sunday, Holiday, and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already done, no work shall be done between the hours of_6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engi- neer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not com- plying with the plans and specifications or the intent thereof,' the Contractor shall have no claim for dam- ages, hindrances, or delays. However, if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judg- ment of the Engineer occurred as a result of the work stoppage. -16-- Should delays repeatedly occur due to the Contractor's failure to provide adequte plant, equipment, or per- sonnel, or where the Engineer determines that unrea- sonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspend- ed until he shall have provided adequate plant, equip- ment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neg- lect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as deter- mined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and con- tracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph, the Owner may withhold permanent- ly from the Contractor's total compensation, not as a penalty but as liquidated damages, the sum per day given in the following schedule: Less than $ 5,000.00 $ 5,001.00 to $ 15,000.00 15,001.00 to 25,000.00 25,001.00 to 50,000.00 50,001.00 to 100,000.00 More than 100,000.00 -17- Amount of Liquidated Amount of Contract Damages Per Day $ 30.00 35.00 40.00 50.00 70.00 100.00 6. INDEMNITY 6.01 Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Con- tract, the Contractor shall indemnity and save harm- less the Owner and the Owner's agents and employees from all losses, damages, judgments, decrees, and ex- penses or costs of any nature whatsoever arising out - of or in anyway connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or alleg- edly caused, by any willful acts, negligence, nui- sance, or breach of any term or condition of this Con- tract by the Contractor, his agents, servants, subcon- tractors, or employees. The Contractor shall further more indemnify and save harmless the Owner and the Owner's agents and employees from all demands of contractors, workers, material persons, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontrac- tors or their employees and subcontractors shall be restored to its condition prior to damage by the Con- tractor at the Contractor's expense. 6.0 2 Workmen's c with th Workmen 's Compensation om eysnsTrAct agrees to comply or cause to be paid of the State of Texas, and to pay all compensation, medical or other benefits, which may become due or- payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employ- ees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall fur- nish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcon- tractors' compliance with said statute. 6.03 Com•rehensive General Liabilit Insurance. The Con- tractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, ascom prehensive General Liability insurance policy, Owner, policy and the issuing carrier approved by which specifically insures the contractual liability -18- of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision". shall Theelia- bility coverage under this pot for the romndepen dent Contractors. Liability limits policy sive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 25,000 each accident $ 50,000 aggregate hall 6.04 Owner's Protective Insurance. TlefContrtctorCshallct provide and maintain during the and until all work under said Contract has been com- pleted and accepted by the Owner, an Owner's and Con- tractor's Protective Policy which c in s the sem Owner and the Owner's agents and employ es Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liabil- ity Insurance ". 6.05 Conrorih Automobile the Contract shall provide and of this Conttract and until all work under , l Owner a tract has been completed and accepted lir Comprehensive Automobile Liability insurance tpo Owy said policy and issuing carrier app covering the operation on or off the site of thewwork of all motor vehicles licensed for highway use, ther they are owned, non- owned, or hired by the Con- tractor, in which shall specifically insure contrac tual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comp sive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident $ 50,000 each accident Property Damage . 6.06 Insurance Certificate. In connection with the insur- ance coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said ven certificate shall state that the Owner shallbesgivs 10 days advance written notice before any p o -19- of the policies are changed or in the event said poli- cies shall be cancelled. This Certificate of Insur- ance shall be provided to the Owner prior to starting any construction work in connection with this Con- tract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the erC Contract ntractoo any provision thereof, the Owner, upon by the Engineer as to the nature and extent of such violation, may without prejudice to any other resourc- es or remedy give the Contractor or written 1f termination of the employment days subsequent to such notice. Immediately following_ such.date the Owner may take possession of the site of the work and all material, equipment, tools, and ap- pliances thereon and may finish the work in accordance with the provisions of Section tion "Abandonment of tract by Contractor ", of 7.02 Ri ht of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substan- tially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon 10 days written notice to the Owner, terminate this recover from the Owner paym • 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within 10 days after receipt of the notice. Should he fail to do so within 10 days after receipt of such notice, the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment, tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to refuse to resume work within 10 -20- days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as hav- ing abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the per- formance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connec- tion with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work ", it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settle- ment. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for com- pletion hereinbefore provided within 10 days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of work- ers and use such machinery, equipment, tools, mat- erials, and supplies as said Owner may deem neces- sary to complete the work and charge the expense of such labor, machinery, equipment, tools, mater- ials, and supplies to said Contractor, and the ex- pense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contrac- tor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Con- tractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same -21- had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after 14 days notice published two or more times in a newspaper having a general circulation in the county of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the Contrac tor or his Surety shall be credited therewith. 8.04 Final Acceptance. When the work has been completed the Contractor and his Surety. shall be so notified and a Contract Completion Certificate as hereinafter pro- vided shall be issued. A complete itemized statement of the Contract accounts certified by the Engineer as being correct shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contrac- tor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said state- ment within 15 days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to com- plete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machin- ery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Con- tractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there re- mains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof to- gether with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this -22- Contract; provided, however, that actual written notice given in any manner will satisfy this condi- tion. After mailing or other giving of such notice such property shall be held by the Owner at the risk . of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After 15 days from the date of said notice the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum -- -- derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either pub- lic or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area, solid contents, number, and weight only shall be considered unless otherwise spe- cifically provided. 9.02 Estimated vs. Actual Quantities.' Any and all estimat- ed quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost -of the work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quan- tity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as 25 percent more than or 25 percent less than the esti- mated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of -23- the work above or below 25 percent of the estimated quantity prior to initiating work or furnishing mater- ials for the overrun or underrun quantities. Such re- vised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all mater- ial embraced in this Contract in full conformity with the specifications and stipulations the contained herein, the Owner agrees to pay forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications, and requirements of the Engineer. 9.04 Monthly Estimates and Payments. On or about the fifth day of each month the Engineer will make an approxi mate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall tavehbbeen enn- approved by the Owner, the Owner shall pay tractor 90 peycent of the amount of such estimated sum on or before the 15th day of said month. It is understood, however, that in case the whole work is near to completion and some unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommen- dation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accor- dance with the plans, specifications and Contract. If -24- so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final accep- tance of the work covered under this Contract. 9.06 Final Estimate and Payment. After the Contract Com- pletion Certificate has been issued the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnish ed under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. The Owner shall pay the Contractor within 15 days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However, it is to be specifically under- stood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required by Section 9.07 en- titled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payments shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake, it is agreed that all estimates, when approved by the Owner, shall be conclusive evidence of the work done and materials furnished. 9.07 Notarized Affidavit. Before final payment for the work by the Owner the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company con- sents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contrac- tor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any per- son relating to or affecting the work. -25- 9.09 Contractor's Obligation. Neither the Contract Comple- tion Certificate nor the final payment nor any provi- sion in the Contract Documents shall relieve the Con- tractor of the obligation for fulfillment of any war- ranty which may be required in the Contract Docu- ments. 9.10 Payments Withheld. The Owner may, on account of sub- sequently discovered evidence, withhold to th whole or part of any payment necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments proper- ly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. -26- CITY OF ROUND ROCK SPECIFICATIONS FOR STREET SEALCOATING I SCOPE 1. General. The contractor shall furnish all labor, materials, tools, equipment, • fuels and all incidentals necessary to accomplish the work as specified and shall do all such work as specified, except for that work to be accomplished by the owner as set forth in Section I -2 herein. 2. Work to be performed by the owner. If it is necessary to loosen dirt packed down on pavement to be sealcoated, the owner will furnish a motor grader or a loader and operator to scrape the dirt loose. The owner will patch holes in pavements prior to sealcoating; however, patching will not delay sealcoating in any way. None of the work done by the owner will relieve the contractor from responsibility for proper surface preparation prior to sealcoating. The owner also will sweep up any excess gravel after sealcoating. 3. Storage of materials. The contractor shall make his own arrangements for stora6e of equipment and materials. The owner will not receive shipments of materials for the contractor. 4. Working hours. All work under this contract shall be done between the hours of 7:00 A.M. and 7:00 P.M., Mondays through Fridays. No work shall be done on Saturdays, Sundays or legal holidays without the written consent of the Engineer. No street shall be closed off prior to 8:00 A.M. 5. Traffic control. The contractor shall furnish all barricades, traffic cones, and signs required for traffic control and detours. The contractor also shall furnish all flagmen necessary to keep traffic out of the•work area. Traffic shall be kept out of the work area until rolling is completed. 6. Notification of residents. The contractor shall distribute printed notices .to each house on streets to be sealcoated the day before the sealcoating is seheduled. Printed notices will be furnished by the owner. Notices shall be distributed prior to 4:00 P.M. on the day Preceeding the work. 7. Measurement and payment. The contractor shall show evidence, as directed by the Engineer, of the quantities of asphalt and aggregate used in the work. Payment shall be on the basis of gallons of asphalt and cubic yards of aggregate used. The owner will make payment in full when the work is completed and accepted. 8. Locations of work. The locations of streets to be sealcoated under this contract are listed and shown on a map appended to these specifications. II MATERIALS 1. Asphalt. Asphalt shall meet the requirements for AC -5 (Texas Highway Department "Standard Specifications for construction of Highways, Streets and Bridges," 1972, Section 300.2), and shall have a penetration of 135. Asphalt also shall conform to the requirements for OA -135 in the 1962 Texas Highway Department Specifications. 2. Aggregate. Aggregate shall be crushed stone or crushed gravel meeting the requirements for class B, Type B, Grade 4( "Texas Highway Department "Standard Specifications for construction of Highways, Streets and Bridges," 1972, Section 302.) 3. Testing. The contractor shall furnish the owner copies of certified lab- oratory reports from the refinery showing that each shipment of asphalt used in this contract meets the specifications. These reports shall be furnished at the time of delivery, and material not meeting specifications will be returned. The contractor also shall furnish the owner a copy of a test by an independent labora- tory showing the weight per cubic yard of aggregate used in work under this contract. III APPLICATIONS OF SEALCOAT 1. Surface preparation. The contractor shall be responsible for cleaning the street surfaces. All surfaces to be sealcoated shall be cleaned with power brooms, blowers, pickup brooms, hand brooms, or other approved methods so that all loose material, silt, vegetation and other objectional materials are removed. 2. Asphalt application. Asphalt shall be applied with a balanced spray with nozzels set so that sprays do not touch or merge. The spray bar shall be at the . proper height above the pavement to insure even distribution of asphalt. The asphalt shall be heated to a sufficient temperature to permit flow on the pavement into a continuous even coating free of ridges. Rate of asphalt application shall be 0.26 gallons per square yard, or as directed by the Engineer. Building paper shall be used for transverse joints. All manhole and valve box covers shall be protected so they are not covered with asphalt. Successive .applications of asphalt shall not lap. 3. Aggregate spreading. Aggregate shall be spread uniformly with an approved mechanical spreader. The rate of application shall be 1 cubic yard of aggregate to 100 square yards of surface, or as directed by the Engineer. Aggregate shall be spread immediately following asphalt application. , If needed, aggregate shall be dragged or raked to get an even distribution. 4. Rolling. The newly -laid gravel surface shall be rolled with 10 -ton pneu- matic rollers until the gravel is set. The rollers shall be self - propelled with smooth tires and shall move forward and backward without turning. A minimum of 10 coverages with a roller will be required. 5. Miscellaneous work. Fat spots or areas missed with gravel shall have gravel placed and rolled. Corners and areas missed with asphalt shall be coated with a hand spray, covered with gravel and rolled. All paper used in the work shall be picked up and removed by the contractor. All debris from the work, except ex- cess gravel spread on the pavement, shall be removed by the contractor, and the work area shall be left in a clean and neat condition. Material storage areas also shall • be left in a neat and clean condition by the contractor. The contractor shall be responsible for any damage to vehicles or property from airborne asphalt during the work. 6. Scheduling of work. The portion of Anderson Ave. between Summit and Mays must be sealcoated prior to the opening of school on August 25, 1980. Street Limits Length Width SY Garden Path Garden Court to east end 1,900 27 5,700 cul -de -sac 615 Magnolia Dr. Gattis School Rd. to end 1,730 27 5,190 Dixie Lane Gattis School Rd. to end 1,730 27 5,190 Montclair Dr. Tower Drive to Fairlane 630 27 1,890 Tower Dr. Hwy. 81 to Dixie 750 27 2,250 Fairlane Magnolia to Dixie 240 27 720 .. Fairlane Dixie to Hwy 81 960 27 2,880 • Ridgecrest Dr. Logan to Dove Creek Dr. 880 37 3,617 Dove Creek Dr. Ridgecrest to Dove Haven 1,320 37 5,426 White Wing Way Ridgecrest to Dove Haven 1,320 27 3,960 cul -de -sac 615 Quail Creek Dr. Dove Creek to Dove Haven 1,060 27 3,180 Quail Creek Cir. 170 27 510 cul -de -sac 615 Dove Haven Dr. White Wing to Deerfoot 1,410 27 4,230 cul -de -sac 1,230 Rabbit Run Dove Haven to i blk west 120 27 360 Deerfoot Dr. Dove Creek to Dove Haven 1,850 27 5,550 Deerfoot Cir. cul -de -sac 120 27 360 ' 615 Burnet St Deerfoot to railroad 1,000 27 3,000 Lake Creek Cir Burnet to Burnet 900 27 2,700 Cushing Park Dr. Gattis School Rd. to Cushing 800 27 2,400 Lawnmont Logan to 11/2 blocks south 400 37 1,644 Unnamed Lawnmont to 2 block east 270 27 810 Logan Lawnmont to east'end 330 37 1,356 McNeil Rd. Mays to IH 35 2,000 22(avg) 4,888 Austin Ave Round Rock Ave & Mays 1,250 35 4,861 Blair St. Anderson to Austin 250 27 750' Blair St. Austin to Liberty 280 27 840 Anderson Ave Mays to Sheppard 700 27 2,100 Lampassas St. Anderson -to Liberty 510 27 1,530 Sheppard St. Anderson to Liberty 480 27 1,440 Blair St. Liberty to Main 300 27.5 916 Brushy Creek Dr. Georgetown to Pecan 950 27 2,850 cul -de -sac 615 Pecan Lane Brushy Creek to Austin 370 27 1,110 Rye St. Burshy Creek to Austin 530 27 1,590 Timberwood Dr. Georgetown to Rye 650 27 1,950 . ' Anderson Ave Summit to Mays 1,700 25 4,722 96,775 1980 Seal Coat I n, \ / , ,r I `-`. It.- it- CITY OF ROUND ROCK SEALCOATING 1980