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R-85-750 - 8/8/1985l P RESOLVED this ATTEST: 601Y1411) (/YI NNE LAND, City Secretary RESOLUTION NO. ..257A. WHEREAS, the City has duly advertised for bids for the sealcoating of certain City streets, and WHEREAS, Pool 8 Res , submitted the lowest and best bid, said bid being in the amount of .4101 54 - , and �? WHEREAS, the Council wishes to accept the bid of Pol o ; k1(3 1 , and to enter into a contract for the construction of said improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of f 031 , for the sealcoating of certain City streets. day of 011_ (61 , 19 B5. MIKE ROBINSO , Mayor City of Round Rock, Texas , is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Pcd 5* SEWER PLANT MAIN ROAD PARKING LOT 1985 SEALCOAT / OVERLAY PROGRAM '85 SEALCOAT • STREET NAME FROM TO DIM.(FT) SQ.YDS. ' . . ':. . BLUEJAY WAY . ABBEY ' DEER RUN ..4:- I.- -36*1100 . .- : 3700 BRENTWOOD - -.,,-.'. 45''0 .--'-: - END : , : 20*600-,, '.,,,,•-,-,. 1400 ,'.'■;. :BRIARWOOD -'-'..,-- 620 :7;-:`'- f, END -,! - : 1";e, ' ,- .. 20*7000:;;!:"' 1600 BUFFALO PASS . ,:f,-f,!-. TREY14: CHIS. VALLEY 30*1800',-“60004:'' DEERFOOTDR. ,'. '' DOVE HAVEN, ,4 - - =- 30*2000 '',-'-''- 6700 DIXIE ', ",.'' •'.. GATTIS - -' TOWER -,. " ' :-» 30*450 -.' '..' :- 1500 ,,. DOVE HAVEN ,' - RABBIT RUN WHITEWING WAY 30*700 ' ' - 2300 :: DRAGON DR. f , - DEEPWOOD LAKECREEK 30*1500 5000 E.NASH 81 TASSEY 20*300 700 FAIRLANE 81 MAGNOLIA - . 30*1250 4200 GLENDA . DRAGON LAKECREEK ' 30*750 2500 MEADOWS DR. SAM BASS SAMBASS 40*2750 - 12200 NORMEADOWS CIR. MEADOWS MEADOWS 30*1700 5700 OLD BOWMAN 81 BOWMAN 20*1200 - 2700 • TASSEY LOGAN END 20*650 1400 TOWER 81 DIXIE 30*750 2500 WAGON GAP BUFALO PASS 100'SO.OF CHIS VAL 30*1150 3800 WEST MAIN 81 HARRIS 40*1000 4400 WHITEWING WAY RIDGECREST DOVE HAVEN 30*1500_ 5000 (E. AUSTIN) • • 12*400 500 150 PARKS DEPARTMENT --- BLUFF PARK LOT 1300 LIONS CLUB PARK LOT 900 LAKE CREEK PARK LOT 800 MCNEIL PARK LOT 800 TOTAL SEALCOAT APPROX. 78000 '85 OVERLAY DEEPWOOD DR. ST.WILLIAMS AVE MCNEIL 40*3800 ' 17000 TOTAL OVERLAY APPROX. 17000 mOrsmim Mom — — — — — mum — — — — — — CITY OF ROUND ROCK DATE 8/2/85 SHEET 1 OF 1 TO ALL BIDDERS FOR OWNERS AME OF BIDDER 1985 SEALCOAT /OVERLAY CITY OF ROUND ROCK ADDENDUM # 1 DESCRIPTION (ADD) APPROXIMATELY 10,000 SY SEALCOAT AT THE DIRECTION OF THE ENGINEER. (DELETE) PAGE 301 -5 (2) "AGGRIGATE WILL BE STOCKPILED AT TEXAS CRUSHED STONE COMPANY, GEORGETOWN, TEXAS." (ADD) PAGE . 312 -2 ITEM 312.4 (3a) APPLICATION RATE FOR AC -5 SHOULD BE 0.25 -0.30 GAL /SY AS DIRECTED BY THE ENGINEER. (CHANGE) MEASUREMENT & PAYMENT: "CUBIC YARD" TO "SQUARE YARD" AUTHORIZATION CITY OF ROUND ROCK DATE ATTACH ADDENDUM TO BID DOCUMTENTS AT BID OPENING DATE CITY OF ROUND ROCK 1985 STREET MAINTENANCE PROGRAM SPECIFICATIONS AND CONTRACT DOCUMENTS JULY 1985 1� 1 :", ' TABLE OF CONTENTS 1 SECTION ITEM 1.0 Bid Documents I 2.0 Post Bid Documents 3.0 General Conditions ' 4.0 Technical Specifications 4.1 Asphaltic Materials 1 4.2 Sealcoat 4.3 Hot Mix Asphaltic Concrete Pavement 1 1 .. 1 1 1� 1 PAGE MIKE ROBINSON Mayor MIKE HEIUGENSTEIN Mayor Proeem COUNCIL MEMBERS GRAHAM HOWELL PETE CORREA RONNIE JEAN CHARLES CULPEPPER TRUDY L LEE JACK A. HARZKE City Manager DON WOLF City Attorney DAN R. M<Nery Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512. 255.3612 • Round Rock, Texas 78864 Pub. Dates July 25, 1985 July 29, 1985 Aug. 1, 1985 A..r' 5 LOOS "GOOD LIVING WITH A PROUD HERITAGE" NOTICE TO BIDDERS Sealed proposals addressed to the City Manager, City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, for approximately 78,000 SY of sealcoat and 17,000 SY of 1" asphalt overlay of street surfaces in the City of Round Rock as described in the specifications, will be received until Thursday August 8, 1985 at 10:00 A.M. then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security equal five percent (5%) of the total bid amount. Proposal forms, Specifications, and Instructions to Bidders may be obtained without charge from the Director of Public Works, 211 E. Main, Round Rock, Texas. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any and all bids and waive formalities. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents.All work under this contract must be canpleted by - September 30, 1985. Issued this 25th day of July 1985 JOANNE LAND City Secretary City of Round Rock 1 1 1� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1c 1 1.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to 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 themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion; and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the 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. 1 1 1 1 1 1 1 1 1 1 1 c 1 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 maximum bid price, payable without recourse to the City of Round Rock; or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal.. Proposals submitted without check or bid bonds will not be considered.. 7. All bid securities will promptly be returned to the respective bidder except that of the top 3 successful bidders 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 contitct, 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 proposals, and no bidder may withdraw his proposal within said 30 -day period of time unless a prior award is made. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 13, 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 surety duly authorized to so act under the laws of the State of Texas and Surety. 11A. If the total project amount is less than $50,000, the City of Round Rock may waive the performance bond requirement if the contractor, agrees to be paid for the entire project in one single payment upon completion of the project. 11B. If the total project amount is less than $25,000, the payment bond requirement will be waived by the City of Round Rock. 12. Failure to execute the construction contract within ten 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 annulment of the award, the proposal as a penalty, but as a liquidated damage. 13. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 14. The contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance it required of the subcontractor has been furnished and approved. 15. any quantities given in any portion of the contract documents, including the plan, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be actual amount of work done and /or material furnished. 16. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 20.04 (h),of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or • lease all materials, supplies, equipment used or consumed in the performance of this - contract by •issuing to his supplier an exemption certification complying with State Comptroller's ruling #95- 0.07.Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0 -09 as amended to be effective July 1, ],971. • 17. No conditional bids will be accepted. 18. Contractor may bid on any or all BID SCHEDULES. BID SCHEDULE "C" will be awarded only if it does not exceed the combined low responsible bids on schedules "A" and "B ". BD -3 BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE and firmly bound unto the The CONDITONS OF THIS OBLIGATION PRINCIPAL has submitted the above construction of the work under the OF opened at the office of the OWNER on • BD -5 , as PRINCIPAL and , as SURETY, and held , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ ARE SUCH, THAT whereas, said mentioned bid to the OWNER, for "SPECIFICATIONS FOR CONTSTRUCTION for which bids are to be , 19 NOW, THEREFORE, if the PRINCIPAL is awarded the Contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented 'to- him for signiture, enters into a written agreement, substantially in the form contained in the Specifications, - in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall benull and void, ^therwise,it shall be and remain in full force and effect. In the event suit is brought uponl'this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 . Principal,. Surety By: By: (Seal) (Seal) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contractors Proposal A Sealcoat Project City of Round Rock, Texas 10:00 a.m. 214 E. Main Street August 8, 1985 Round Rock, Texas 78664 Gentlemen: Pursuant to the Invitation and Instruction to Bidders for the 1985 Contract Street Maintenance Program, the undersigned hereby proposes to furnish all labor, superintendence, equipment, material, (except those furnished by owner), insurance and incidentals required to perform the work in accordance with the plans and specifications for the following prices: Unit Price Unit Total Unit Quanity Description (Words) Price Amount S.Y. 78,000 Street Seal- Dollars coat (Rock and cents To be furn- ished by owner) TOTAL of BID The owner will act on this contract award on August 8, 1985. If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification on or before August, 15, 1985 and commence work within 15 days thereafter. The undersigned further agrees to complete the work in full prior to September 30, 1985. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities Address Respectfully Submitted, Authorized Signature • Telephone Title for: Name of Firm 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Round Rock, Texas 10:00 a.m. 214 E. Main Street August 8, 1985 Round Rock, Texas 78664 Gentlemen: Pursuant to the Invitation and Instruction to Bidders for the 1985 Contract Street Maintenance Program, the undersigned hereby proposes to furnish all labor, superintendence, equipment, material, (except those furnished by owner), insurance and incidentals required to perform the work in accordance with the plans and specifications for the following prices: Unit Price Unit Total Unit Quanity Description (Words) Price Amount S.Y. 17,000 1" Asphalt Dollars overlay and cents The owner will act on this contract award on August 8, 1985. If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification on or before August, 15, 1985 and commence work within 15 days thereafter. The undersigned further agrees to complete the work in full prior to September 30, 1985. The /Undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Address Telephone Contractors Proposal B Overlay Project TOTAL of BID Respectfully Submitted, Authorized Signature Title for: Name of Firm City of Round Rock, Texas 10:00 a.m. 214 E. Main Street Round Rock, Texas 78664 Gentlemen: Pursuant to the Invitation and Instruction to Bidders for the 1985 Contract Street Maintenance Program, the undersigned hereby proposes to furnish all labor, superintendence, equipment, material, (except those furnished by owner), insurance and incidentals required to perform the work in accordance with the plans and specifications for the following prices: Item 1 Unit Quanity Description S.Y. X8,000 °mac 2 S.Y. 17,000 1" Asphalt overlay The undersigned certifies that proposal have been carefully checked final. The owner reserves the right : waive any informalities. r�7_5 t 3 S ? .rblt Address ' - Telephone Contractors Proposal C Sealcoat & Overlay Combined Street Sealcoat (Rock to be furnished by owner) August 8, 1985 Unit Price Unit Total Words Price Amount /V( Dollars and .'j 7 cents % vt-AD Dollars and ,g -cents 16 TOTAL of BID The owner will act on this contract award on August 8, 1985. If this proposal is accepted, the undersigned agrees to execute the contract and provide ngcessary bonds and insurance certification on or before August, 15, 1985 and commence work within 15 days thereafter. The undersigned further agrees to complete the work in full prior to September 30, 1985. the bid prices contained in and are submitted as correct to reject any or all bids and Doyle 0 ame o Firm the and may 1 1 1 1 1 1 1 1 1 1 1 1 • 1 1 1 2.0 POST BID DOCUMENTS 1 1 1 1 1 1 1 1 1 1 C 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT That this Agreement made and entered into this 8 day of August A.D., 19 85, by and between the CITY OF ROUND ROCK, TEXAS, its Mayor, First Party, hereinafter- termed the Owner, and Pool & Rogers , of the City of Buda , County of Travis , State of Texas , Second Party, hereinafter termed the Contractor. WITHNESSETH: That for an 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 August 8, 1985 for certain improvements • described as follows; 1985 Street Maintenance Project The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may'subsquently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 15 consecutive calendar days after award of contract and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full by September 30, - 1g85: - The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deduc -' tion, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: The Invitation to Bidders The Instructions to Bidders The Proposal and Bidding Sheets The Performance and Payment Bonds The General Conditions of Agreement KNOW ALL MEN BY THESE PRESENTS The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Plans 1 1 1 1 1 1 1 1 . 1 1 1 1 1� 1 AGREEMENT (CONTINUED) IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in the year and day first above written. B CITY OF ROU 1 ROCK TEXAS, OWNER By Mayor 10 ` A Contractor aV iJGCt9 i / CITY OF ROUND ROCK DATE 8/2/85 SHEET 1 OF 1 TO ALL BIDDERS FOR OWNERS (ADD) APPROXIMATELY 10,000 SY SEALCOAT AT THE DIRECTION OF THE ENGINEER. (DELETE) PAGE 301 -5 (2) "AGGRIGATE WILL BE STOCKPILED AT TEXAS CRUSHED STONE COMPANY, GEORGETOWN, TEXAS." (ADD) PAGE 312 -2 ITEM 312.4 (3a) APPLICATION RATE FOR AC -5 SHOULD BE 0.25 -0.30 GAL /SY AS DIRECTED BY THE ENGINEER. (CHANGE) MEASUREMENT & PAYMENT: "CUBIC YARD" TO "SQUARE YARD" CITY OF ROUND ROCK DATE 1985 SEALCOAT /OVERLAY CITY OF ROUND ROCK BIDDER ADDENDUM # 1 DESCRIPTION AUTHORIZATION ATTACH ADDENDUM TO BID DOCUMTENTS AT BID OPENING DATE CITY OF ROUND ROCK 1985 STREET MAINTENANCE PROGRAM SPECIFICATIONS AND CONTRACT DOCUMENTS JULY 1985 1 . TABLE OF CONTENTS 1 SECTION ITEM 1 1.0 Bid Documents I 2.0 Post Bid Documents 3.0 General Conditions • I 4.0 Technical Specifications 4.1 'Asphaltic Materials 1 4.2 Sealcoat I f" 4.3 Hot Mix Asphaltic Concrete Pavement \,.. 1 1 1 1 1 1 1 1 • • . • ' ..• • PAGE MIKE ROBINSON Maya MIKE HEILIGENSTEIN Mayor Pro tam COUNCIL MEMBERS GRAHAM HOWELL PETE CORREA RONME JEAN CHARLES CULPEPPER TRUDY L LEE JACK A HARZKE City Manager DON WOLF City Attorney DAN R McNery Municipal Judge i THE CITY OF ROUND ROCK 214 E. Main St. • AC 512. 255.3612 • Round Rock, Texas 78664 "GOOD LIVING WITH A PROUD HERITAGE" NOTICE TO BIDDERS Sealed propoGals addressed to the City Manager, City of Round Rock, 214 East Main Street, Round Rock, Texas 78664, for approximately 78,000 SY of sealcoat and 17,000 SY of 1" asphalt overlay of street surfaces in the City of Round Rock as described in the 'specifications, will be received until Thursday August 8, 1985 at 10:00 A.M. then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security equal five percent (5%) of the total bid amount. Proposal forms, Specifications, and Instructions to Bidders may be obtained without charge from the Director of Public Works, 211 E. Main, Round Rock, Texas. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any and all bids and waive formalities. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid docua nts.Al1 work under this contract must be completed by - September 30, 1985. Issued this 25th day of July 1985 JOANNE LAND City Secretary City of Round Rock Pub. Dates July 25, 1985 July 29, 1985 Aug. 1, 1985 r.,.. C 1O0G 1 1.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to 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 themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion; and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the _ plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. • 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Invitation to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in seated 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 maximum bid price, payable without recourse to the City of Round Rock; or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal.. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will promptly be returned to the respective bidder except that of the top 3 successful bidders 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 contAct, 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 proposals, 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 surety duly authorized to so act under the laws of the State of Texas and Surety. 11A. If the total project amount is less than $50,000, the City of Round Rock may waive the performance bond requirement if the contractor agrees to be paid for the entire project in one single payment upon completion of the project. 11B. If the total project amount is less than $25,000, the payment bond requirement will be waived by the City of Round Rock. 12. Failure to execute the construction contract within ten 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 annulment of the award, the proposal as a penalty, but as a liquidated damage. 13. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 14. The contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance it required of the subcontractor has been furnished and approved. 15. any quantities given in any portion of the contract documents, including the plan, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be actual amount of work done and /or material furnished. 16. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 20.04 (h)• of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or • lease all materials, supplies, equipment used or consumed in the performance : of this ` contract by - issuing to his supplier an n certification complying with State Comptroller's ruling - v #95- 0.07.Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0 -09 as amended to be effective July 1, ],971. 17. No conditional bids will be accepted. 18. Contractor may bid on any or all BID SCHEDULES. BID SCHEDULE "C" will be awarded only if it does not exceed the combined low responsible bids on schedules "A" and "B ". BD -3 1 • 1 1 c 1 1 1 1 1 1 1 1 1 KNOW ALL MEN BY THESE PRESENTS, THAT WE ' and firmly bound unto the BID BOND , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for . the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of $ The CONDITONS OF THIS OBLIGATION PRINCIPAL has submitted the above construction of the work under the OF opened at the office of the OWNER on , as PRINCIPAL and • , as SURETY, and held ARE SUCH, THAT whereas, said mentioned bid to the OWNER, for "SPECIFICATIONS FOR CONTSTRUCTION '; for which bids are to be , 19 NOW, THEREFORE, if the PRINCIPAL is awarded the Contract, and within the time and manner required under the heading • "Instructions to Bidders ", after the prescribed forms are presented to him for signiture, enters into a written agreement, substantially in the form contained in the Specifications, accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the ottler to guarantee payment for labor and materials, then this obligation shall benull and void, ^therwise,it shall be and remain in full force and effect. City In the event suit is brought upon "this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. Principal, By: IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 19 . • (Seal) BD -5 Surety By: (Seal) Contractors Proposal A Sealcoat Project City of Round Rock, Texas 10:00 a.m. 214 E. Main Street August 8, 1985 Round Rock, Texas 78664 Gentlemen: Pursuant to the Invitation and Instruction to Bidders for the 1985 Contract Street Maintenance Program, the undersigned hereby proposes to furnish all labor, superintendence, equipment, material, (except those furnished by owner), insurance and incidentals required to perform the work in accordance with the plans and specifications for the following prices: Unit Price Unit Total Unit Quanity Description (Words) Price Amount S.Y. 78,000 Street Seal- Dollars coat (Rock and cents To be furn- ished by owner) TOTAL of BID The owner will act on this contract award on August 8, 1985. If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification on or before August, 15, 1985 and commence work within 15 days thereafter. The undersigned further agrees to complete the work in full prior to September 30, 1985. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Address Telephone ,Title for: Respectfully Submitted, Name of Firm Gentlemen: Unit Quanity Description S.Y. 17,000 1" Asphalt overlay Contractors Proposal B Overlay Project City of Round Rock, Texas 10:00 a.m. 214 E. Main Street August 8, 1985 Round Rock, Texas 78664 Pursuant to the Invitation and Instruction to Bidders for the 1985 Contract Street Maintenance Program, the undersigned hereby proposes to furnish all labor, superintendence, equipment, material, (except those furnished by owner), insurance and incidentals required to perform the work in accordance with the plans and specifications for the following prices: Unit Price (Words) and Dollars cents Unit Total Price Amount TOTAL of BID The owner will act on this contract award on August 8, 1985. If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification on or before August, 15, 1985 and commence work within 15 days thereafter. The undersigned further agrees to complete the work in full prior to September 30, 1985. The lUndersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Address Telephone Respectfully Submitted, Name of Firm 4 1 1 1 1 1 1 1 1 1 City of Round Rock, Texas 10:00 a.m. 214 E. Main Street Round Rock, Texas 78664 Gentlemen: Pursuant to the Invitation and instruction to Bidders for the 1985 Contract Street Maintenance Program, the undersigned hereby proposes to furnish all labor, superintendence, equipment, material, (except those furnished by owner), insurance and incidentals required to perform the work in accordance with the plans and specifications for the following prices: Item Unit Quanity Description 1 S.Y. X8"000 Street Sealcoat (Rock to be furnished by owner) 2 S.Y. 17,000 1" Asphalt overlay 2n 02.5 3s Address Telephone Contractors Proposal C Sealcoat & Overlay Combined Unit Price / Words fL,'2 Dollars and .'f 7 cents \ujj Dollars and ,Z.� cents Respectful) ubmitted, 5)G a me of Firm August 8, 1985 Unit Total Price Amount TOTAL of BID J U f i 5-1/4- The owner will act on this contract award on August 8, 1985. If this proposal is accepted, the undersigned agrees to execute the contract and provide ngcessary bonds and insurance certification on or before August, 15, 1985 and commence work within 15 days thereafter. The undersigned further agrees to complete the work in full prior to September 30, 1985. The undersigned certifies that the bid prices contained in proposal have been carefully checked and are submitted as correct final. The owner reserves the right to reject any or all bids and waive any informalities. - - 02 the and may 1 1 1] 11 11 11 1 1 V 2.0 POST BID DOCUMENTS 1 1 r THE STATE OF TEXAS COUNTY OF WILLIAMSON 11 1 1 1 1 1 1 1 1 1 1 1 1 1 That this Agreement made A.D., 19 85, by and between Party, hereinafter termed the of the City of Buda State of Texas • AGREEMENT KNOW ALL MEP! BY THESE PRESENTS and entered into this 8 day of August the CITY OF ROUND ROCK, TEXAS, its Mayor, First Owner, and Pool & Rogers , , County of Travis , , Second Party, hereinafter termed the Contractor. WITHNESSETH: That for an 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 August 8, 1985 for certain improvements described as follows; 1985 Street Maintenance Project The Contractor shall perform all work shown on the Plans and described in the Specifications and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 15 consecutive calendar days after award of contract and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full by September 30, 1985 The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deduc -' tion, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are as fully a part thereof as if herein repeated in full: The Invitation to Bidders 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 Agreement The Plans 1 1 1 1 1 1 1 1 AGREEMENT (CONTINUED IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in the year and day first above written. ATTE CITY OF RO D SOCK TEXAS, OWNER By Mayor . Bond #9280019 L THE STATE OF TEXAS COUNTY OF WILLIAMSON 1985 Street Maintenance Project PERFORMANCE BOND . THAT, Pool & Ro•ers Paving Co., Inc. City of Buda as principal, and , County of ravis Continental Casualty Company. KNOW ALL MEN BY THESE PRESENTS of the , and State of Texas , authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock, Texas, here- inafter called TH CITY, OUNIy 0g WILLIAMSON T (Owner), in the penal sum of Fre+ No%100n ive mina 'r Dollars ($ 107,540.09 for the payment whereof, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns jointly and severally, by these presents: 1 WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 8th day of August , 1985 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein consisting of: ` _ NOW THEREFORE,THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said L work occasioned by and resulting from defects in materials furnished by or workman- ship of, the ; Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion L Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then remain in full force and effect. • i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of L Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said C,Article to the same extent as if it were copies at length herein. `. <':`: Surety, for value received, stipulates and agrees that no change, extension of L ' 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 L waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. I IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 8th day of August • , 19 85 AFORMANCE BOND (CONTINUED) ncipa # ip BY 144• 41bIL ' N. feivUi Tit Address f -2, 0 fl9Z-S • 1 hl -55 78i10 The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 2520 IH 35 South, Suite 200, Austin, Texas 78704 Continental Casualty Company Sure Sure ty By 40, , • 4't : 1 TitieAtEornev-In-Fact • . / Address'4100 Piedras Drive East Suite 205.5n Antonio, Texas 78228 THAT, Pool & Rogers Paving Co., Inc. of the City of Buda County of Travis and State of Texas as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY COUNTY OF WIL TEXAS (OWNER), in the penal sum of One Hun re S ousan ive re Dollars ($ 107,54n.On e payment w ereof, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 8 t hday of August , 19 85 , to which contract.is hereby referred t5 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- C 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 liabilities on this bond shall be determined in accordance with the provisions of and said Article the 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 waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 'Rt-day of A„ , 19 89 . Continental - Casualty: Company Bond #9280019 THE STATE OF TEXAS COUNTY OF WILLIAMSON ➢ • . fa or c er`riQ� E / 4 r o....4 -- , ^, Kit CCU - � rincipa By > f C C c �a Title i � � ��i�_ r ( L . .,, •` ) Addres's PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS The name and addict:. cyf the Resident Agent of Surety is San Antonio., Texas •78228 • Donna Bubak • Attorney -Tn -Facet 4 Piedras Drive-East, Suite 205 Stokes & Searcey Agency, Inc., 2 20 IH 35 South, Suite 200, Austin, Tex , POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having Its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute - and appoint Wayne D. Searcey, Julie Molinare, Mercy Gil, Donna Bubak, Individually of Austin, Texas Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -m- fact.'• This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." , In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate saal to be hereto affixed on this 9th day of May 19 85 • S ) f , •k0t4of lllihois 1 County:of3Cook 1 4 s , J. E. Purtell Vice President. On `this 9th day of May 19 85 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice - President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument, that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said Instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 1, P . , Assistant Secretary of CONTINENTAL CASUALTY COMPANY. do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 8 th day of August 1985 t , I i �i Form 1-23142-B antal Casualty Company /CE FROM / ' 1 AN ILLINOIS CORPORATION • F. Granahan CERTIFICATE My Commission Expires November 12, 1986 - In Unlimited Amounts - CONTINENTAL CASUALTY COMPANY /Y Leslie A. Smith P. F. Granahan Notary Public. Assistant Secretary. L L L I A :I TO: City of Round Rock 214 East Main Street Round Rock, Texas 78664 THIS IS TO CERTIFY THAT Pool & Rogers Paving Co.; IE}g; 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. TYPE OF INSURANCE A Workmen's Compensation Comprehensive General Liability Includes I'`: Contractual - Liability Covers Independent Contractors Owner's • Protective A Comprehensive ;;.Automobile Liability Owned Vehicles Hired Vehicles Non -owned Vehicles Includes Contractual Liability CERTIFICATE OF INSURANCE Date: 'August 20, 1985 • Description of Work: . 5 Maintenance Project POLICY EFFECTIVE NO. . . ..DATE 7200824844 0/31/84 OTCO39137428 10/31/84 OTCO3913742 A84UC6.228. 10/31/84.. EXPIRATION .. DATE.... . 10/31/85 . 10/31/85 10 •, B Umbrella Form. .LIMITS.OF.LIABILITY Statutory, State of Texas, $' 10'0 • - • Employers Lea tlity Bodily Injury occurrence $•5002• - eanh=D6RIT • $ • 500 xnk vernr aggregate Property Damage occurrence $ each k§n $'100 aggregate Bodily Injury $ .• each person $ each accident Property Damage '$ each accident .$ aggregate Bodily Injur»:: $ ' 5 O =each person '$ son each accident Property Damage $' i00 each accident ea.occ. aggregate BI & PD Combined $1000 $1000 1 1 1 1 1 1 1 1 1 TIFICATE OF INSURANCE CONTINUED) 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 (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, • or alters the coverage afforded by policy or policies indicated by this certificate. A Fidelity & Guaranty B Admiral (McClelland & Hine, Inc.) (Name ,gtF,Ins By: tj . ✓ "`�'Q/t Wayne D. Searcey Title: Authorized Repr sentative Address:A -300 Tower Life Bldg., San Antonio, Texas /84uo B -6800 Park Ten Blvd:, Suite 102 N. • • a' Ofd CERTIFICATE•OF INSURANCE IB8 /23 /85 ) PRODUCER I L' F-.i STOKES SEARCEY��' INC. IN�i 2520 I.H. 35 SOUTH, SLATE 200 AUSTIN. TEXAS 78704 PHONE: 512 -4444488 k ' 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY " Un i ted States Fidelity & Guaranty COMPANY LETTEY B INSURED City of Round Rock 214 E. Main Street Round Rock, Texas 78664 CITITE.An.NY O COMPANY D - LETTER COMPANY E LETTE _ THIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. ! M, TYPE OF INSURANCE POLICY NUMBER POLICY ERECIIYE DATE (MMND'YYI POLICY E%PIRATNIN LIAR (MMNM'1D LIABILITY LIMITS IN THOUSANDS E ACH OCCURRENCE AGGREGATE GENERAL — — — _ _ _ UABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION 8 COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY _ .� ti BOGILY IWURY $ $ PR $ $ 8 P C SI OMBIND ED $ $ PERSONAL INJURY $ AUTOMOBILE — — _ — _ — LIABILITY ANY AUTO ALL OWNED AUTOS (PEN?. PASS.) ALL OWNED AUTOS RAW HIRED AUTOS NON OWNED AUTOS GARAGE LIABILITY ACIDLY (PER FO DT $ 1 C F � $ PROPERTY DAMAGE $ BI a PD COMBINED $ EXCESS UABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM COMBINED $ $ WORKERS' COMPENSATION AND EMPLOYERS' UABILITY @r STATUTORY E -- ` $ (EACH ACCIDENT) $ (DISEASE - POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) A OTHER Owners' & Contrac Protective Liabil_ty - ors' 3CCO38020367 8/8/85 8/8/86 SI 500 Ea. Occ. PD 100 Ea. Occ. 100 Aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS Contractor: Pool & Rogers Paving Co., Project: 1985 Street Maintenance Project CERTIFICATE HOLDER Inc. ANCELLATION City of Round Rock 214 E. Main Street — Round Rock, Texas 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRAII DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILU TO MAIL SUCH NOT SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND LATHE COM NY, AGENTS OR RE AUTHORIZE V // ni. • ) Q 0 0 0 IIR ACORD CORPORATI • N 1984 Bond #9280019 THE STATE OF TEXAS COUNTY OF WILLIAMSON 0 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT, Pool & Rogers' Paving Co., Inc. of the City of Buda , County of Travis and State of Texas , as principal, and Continental Casualty company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock, Texas, here- inafter call d THE CITY, COUNTY OF 1IILLIAMSON TEXAS (Owner), in the penal sum of Ooe+y No/ , 00 n ive u TEXAS ($ 107 , 540.0 the payment whereof, the said Principal and Surety bond themselves, their heirs, administrators, executors, successors and assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 8th day of August 1985 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein consisting of: 1985 Street Maintenance Project NOW THEREFORE,_THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workman- ship of, the in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies 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 waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PERFORMANCE BOND (CONTINUED) IN WITNESS WHEREOF, the said Principal and Surety have sign sealed this instrument this 8th day of August • ncipa Pi By , ` � i t • N Tit Address c (9 fl9ZS ) KIT 9J \ 7 &bio The name and address of the Resident Agent of Surety is: Stokes & Searcey Agency, Inc. 2520 IH 35 South, Suite 200, Austin, Texas 78704 Continental Casualty Company By Su rety/ Title Attorney -In -Fact Address 4100 Piedras Drive East Suite 205, San Antonio, Texas 78228 1 1 1 1 1 1 1 1 1 1 Bond #9280019 III THE STATE OF TEXAS j 1 By 1 Title COUNTY OF WILLIAMSON 1 KNOW ALL MEN BY THESE PRESENTS THAT, Pool & Rogers Paving Co., Inc. of the City of Buda County of Travis and State of Texas as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held � and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called One CITY, cl even T n n ousan LLIAMSON, TEX p -r in the penal sum of f o Hundred s wier n /lan Dollars ($ 107,540 nn ) r payment or fie eofi, the said Principal and Surety bond themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 8th day of August , 19 85 , to which contract 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 -' lc . 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 liabilities 1 on this bond shall be determined in accordance with the provisions of and said Article I 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 ' waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed • • , this Instrument this 'st -hday of A ,,, J I, gt , 19 '85 . . 0 <1G. _ -- Continental•Casualty- Com Address .215 ) z ( (-1 c � Te4c- �Fffo�o PAYMENT BOND Donna Bubak Attorney -Tn -Fact - 4100 Piedras Drive-East,-Suite 205 San Antonio-, Texas -78228 • I The name and addron -- of the Resident Agent of Surety is : Stokes & Searcey Agency, Inc., 2520 IH 35 South, Suite 200, Austin, Texas - 78704 Continental Casualty Company IRSURAMG£ CNA POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint Wayne D. Searcey, Julie Molinare, Mercy Gil, Donna Bubak, Individually of Austin, Texas Its true and lawful Attorney.in• fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX— Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate'seal to be hereto affixed on this 9th day of May , as 85 CONTINENTAL CASUALTY COMPANY Form 1- 23142 -B AN ILLINOIS CORPORATION — In Unlimited Amounts - - • State•of Illinois -1- ss „ ^r � / County of Cook ( 1 I a °u .�. • + .-^ J. E. Purtell Vice President. r On this 9th day of May , 19_35_, before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice•President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. P. F. Granahan , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 8 th day o f AllCJllSt 19 O tiC) LLB.. /Y Leslie A. Smith L Notary Public. CERTIFICATE My Commission Expires November 12, 1986 P. F. Granahan Assistant Secretary. TYPE OF INSURANCE POLICY . NO. EFFECTIVE . . DATE . EXPIRATION .. DATE.. . . .LIMITS.OF.LIABILITY Workmen's 7200824844 10/31/84 10/31/85 . Statutory, State of Compensation Texas, $'100 .Employer's Liability Comprehensive 0TCO39137428 10/31/84 10/31/85 Bodily. Injury occurren General S .. eachxpenEm Liability Includes $ X01 /14ximsiaR aggregate Contractual ' -- -- Liability - Covers . Property.Damage occurre Independent . S'166: each bl% Contractors $ "10 aggregate Owner's i Bodily Injury Protective '$ -.- .. each person - $ " ' . . each accident Property Damage $ -- - accident $ • aggregate Comprehensive oTCO39137428 10/31/84 10/31/85 . Bodily Injury ' -', Automobile ; ,, "$': 5.00 - each person Liability -- - .$' '5'66 each accident Owned -- Vehicles Property Damage Hired - - S ldo each accident Vehicles Non -owned . Vehicles Includes Contractual Liability - ea.occ. aggro 3 Umbrella Form. A84UC6.228. 10/31/84... 10/31/85 BI & PD Combined $1000 $1000 1 1 1 1 1 1 1C 1 1 1 A A T0: City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFICATE OF INSURANCE Date: 'August 20, 1985 -- Description of Work: 19Ub street Main enance•Project THIS IS TO CERTIFY THAT Pool & Rogers Paving Co.; ilig; 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. ce gat 1 . CERTIFICATE OF INSURANCE (CONTINUED) 1 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 (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. 1 1 1 1 1 I 1 1 1 1 A Fidelity & Guaranty B Admiral (McClelland & Hine, Inc.) (Name I 7"- k ) . � Z c Insu .. �f 8y Wayne U. Searcey Title: Authorized Repr sentative Address: A-300 Tower Life Bldg., San Antonio, Texas ie2u5 B - 6800 Park Ten Blvd., Suite 102 N. ban tntonio, rexds 78213 1 1 1 1 1 1 1 3.0 GENERAL CONDITIONS 1 • 1 (I'L I 1 • ; 1 1 1 1 1 1 IE. 1 1 1 1 GENERAL CONDITIONS OF THE AGREEMENT CONTENTS Page' 1. DEFINITIONS 1 2. GENERAL PROVISIONS 3 2.01 Engineer's Status and Authority 2.02 Right of Engineer to Modify Methods 3 and Equipment 4 2.03 Changes and Alterations • 4 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 2.07 Licenses, Permits, and Certificates 5 2.08 Royalties and Patents 2.09 Keeping of Plans and Specifications Accessible • 5 2.10 Discrepancies and Omissions 5 2.11 Contractor's Understanding 6 2.12 Extra Work 6 2.13 Payment for Extra Work 7 2.14 Assignment and Subletting 8 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 9 '2.21 Completed Work 9 2.22 Materials Furnished by the Owner 9 2. ;23 Protection of Property 2.24 Shelters for Workmen and Materials 19 2.25 Sanitary Facilities 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES . 10• 3.01 Labor,' Equipment, Materials and 10 Construction Plant • 10 '3.02 Performance and Payment Bonds . . . . 3.03 Contractor's Ability to Perform 'll ._3.04 ".Superintendence and Inspection - =11 3.05 'Character of Employees - 3.06 Contractor's Duty to Protect Persons • and Property 3.07 Safety Codes 3.08 Barricades 3.09 Minimum Wages 3.10 Unsuitable Work or Materials 3.11 No Waiver of Contractor's Obligation 3.12 Site Clean Up 3.13 Guarantee 5 11 12 12 12 12 13 13 ld 1 1 1 1 1 1 1 1 1 .- 1 .. 1 1 c , 1 1 (CONTENTS CONTINUED) Page 4. OWNER'S OBLIGATIONS AND REPONSIBILITIES 14 4.01 Lines and Grades 14 4.02 Right of Entry 14 4.03 Owner's Inspectors . - 15 - 4.04 Collateral Work 15 4.05 Right -of -Way 15 4.06 Adequacy of Design • 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 5.06 Liquidated Damages for Failure to 17 - Complete on Time' 6. INDEMNITY 18 6.01 Contractor's Indemnity Provision 18 6.02 Workmen's Compensation Insurance 18 6.03 Comprehensive General Liability Insurance 18 6.04 Owner's Protective Insurance 6.05 Comprehensive Automobile Liability 19 Insurance ' 19 - 6.06 Insurance Certificate • 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 - 21 and Materials by Owner 8.03 Methods of Completing the Work.' 21 . 8.04 Final Acceptance . 8.05 Disposition of Contractor's Equipment 22 9. ':MEASUREMENT AND PAYMENT ' ; 23 :9.01 ,Character of Measurements 9.02 ,Estimated•vs. Actual Quantities 2 - 9.03 Payment - 9.04 Monthly Estimates and Payments • 24 9.05 Certificates of Completion 24 Y 9.06 Final Estimate and Payment 25 9.07 Notarized Affidavit 25 9.08 Release of Liability 9.09 Contractor's Obligation 26 9.10 Payments Withheld 26 1. 1 : - 1 1 ,. 1 1 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 t$eBs ;AtheeInstructe Per- tions Bidders; the Proposal; Signed 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- g anization 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 duly authorized dagen h legalrepresenta tives. . . . . + ineer" shall mean the City Engineer Ene i City. " Round eer 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 a Work.: The tern "extra work" as used in'this , °• contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change,- alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under 'Changes and Alterations ", herein. GC -1- 1.06 Owner. "Owner" shall mean the City of Round Rock, Texas, named and designated in the Agreement nt as he "Party of the First Part" through 9 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 E Contrac - tor to Owner when and as approved by the ngi- 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 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 t� 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. - ' i `' ' is defined as any day 1.12 Working Day.. A "working 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. - . 1 GC -2- - 1 1 . 1. 1 1 1: 1 1 1 1 1 1.13 h a v e be en duly Notice. served tifndelivered shall person deemed theo have been o 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. ' . -3- • 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 d - 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 promptly carried . out. - 2.02•- "Right of-Engineer to Modify Methods and Equipment.•"If , at any time the methods or equipment used lay 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," 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. 2.03 Changes and Alterations. The Contractor'agrees 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 v;ork 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 o 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 er 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 af and t save harmless the anhyll' claim rift' any aim arising from the a or his such and ordinances whether by the Contractor ployees or. his subcontractors and their employees.. . 2.07 Licenses,• Permits• and Certificates. eptr after stipulated, all licenses, permits, etc. required for and in connection ofwith test Coworat be performed 'under the provisions the Contractor it act Documents shall -be secured by a c t o r a t his own expense. In the event a building p ert Owner at no quired such permit will be obtained by cost to the Contractor. - 2.08. andasavesharmlessethe.Owner from all and for a tion u •roya or fees on any patented inven- . co tion used by him in connection with the work done how - e ve r, t that hmaterial, machinery,- ever, ohai if my patented ecified in this Con- - - tract, or invention is clearly t he rights of use and the - tract, the cost of procuring legal release or- indemnity shall be borne and paid by the Owner direct unless such'cost isdCteamined d a n me directed to be included in the bid p r the Proposal is submitted. 2.09 Kee in. 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 ust in the with the generally even t of any discrepancies between the separate the even t riorit of interpretation de --; fonedaut ercuments. the p y fined under-"Contract Documents" shall g overn. In the _ event that there ip ortion of the L Contract, t Specifica - t portion Engineer shall define which is intended to apply'to the work. 1.11- Contractor's Understanding, It by and agreed that the Contractor has, y de tion, satisfied himself as to the nature and location -5- ' of the work, the conformation of the groun the char- acter, quality and quantity of the materials to be en- ' countered, the character of equipment and facilities needed preliminary to and during the prosecution of ', the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement o conve the tion with any officer, agent, or employ ' • • 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 ntractr n term "extra to and in ths wort, required by the Owner through the work that may be neq the Contractor to accomplish Engineer to be done by -any change, alteration, or dditionbt t the.w ec fs he Spc by the Plans or reasonably Contractor's Proposal, .ti tions and not t covered by "Changes and except as provided in Section 2.03 g • 1 .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 ureceive h e compensation, hea shall make-a written req c v t secE ex work. written Change Order authorizing ,.. a Should•a diffexence of opinion arise as to what does or does not constitute extra work or concerning the payment-therefor and the Engineer insists upon its . performance, the Contractor requesprforea w ith the work after making Change Order and shall keep an accurate account of the I • • . • "actual field .cost thereof as provided ' s " below. - _ - - -.-.' • • -: • % reed that the compen ,. 2.13 a io nt for paid �thekContractorgfor performing extra wor sall be obep • :'work shall determined by one or more of the follow - : ` 1 • ing methods: d unit prices; agree Method "A" - BY 1 Method "B" - By.agreed lump sum; or • 1 -6- 1 1 Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work 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 wort: 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; transportation charges- neces- sarily incurred in connection with env 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, ot'. the money payable under this Contract unless by'and with the consent. of the Owner to be signified in 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- 1 become due to the Contractor shall be subject to all prior liens of all persona, firms, and corporations for services rendered or materials suoolied 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, 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"nocuments. If the Engineer determines that taking - possession of and using partially completed work substantially increases- the cost of. or delays construction, the Contractor :•hall 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 - of a particular manufacturer or vendor and is followed by the term or equal" the Contractor may submit a written request to • the Engineer request • requesting ap ?'royal 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 iE 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./3 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 z.,'- any postponement, interference, or delay caused bv.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 structures for housing men or the erection of tents or . .t _other forms of protection for workmen or materials , _. will be permitted only as the Engineer shail 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- 1 Sanitary Facilities:. Necessary sanitary toilet facil- on the work shall b eies for peecomplyingl employees local sanitary re of a ty_ secluded from public regulations and shall be properly - observation.. These ntractorhinlsuch manner at pi such points as s and maintained as s by hall be approved by the Engineer. • - _ Their use shall be strictly enforced. 3. CONTRACTORS OBLIGATIONS AND RESPONSIBILITIES 3.01 The ContractornshalltprovideaallClabort ,ctools, equip - ment, machinery, supplies, and materials necessary for the prosecution and completion of f this the ontracts where it is not specifically provided furnish care. responsible : - for tio the cn P tools, or machinery on. any: part. • o of any untelial, 'of the work until it is finally completed and accept - ed. The Contractor shall maintainhe job t all _: times sufficothemworkial, and equipment P adequately prosecute • . • 3.02 byrthemPartiesdtoathistContract thats agreed the'Contract r will execute - separate performance and payment bonds, each in the sum of 100% of the tot C o n t ra ct p standard forms for this purpose, g r performance of the work'and the fulfillment of payment uarantees persons sepplyin g further guaranteeing or . to all phrmonn sep y �� Wishing him any equipment In the execution of the Con- tract. It is_ agreed that the Contract hallnn not abe in effect until such performance and payment •• 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, a cd O extra payment for such bonds will•be made by e The surety company or companies underwriting the d shall' be acceptable` accord_, -10- - formance and payment bon s ing to the latest list of companies holding certifi 'cates of authority from the Secretary au of the United States, shall.be duly _ under the laws of the State of Texas. as Surety, ' and. shall be approved by the:Owner_". 1 1 1 i r 1 .. 1 1 1 c . 1 1 1 1 1 1. 1 1 3.03 actor.'s Ability -to • Perform. Upon 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 Su erintendence 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 . continuodsly'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 Emoloyees . Contactor faagrees tosemto ploy rderl , competent, n ineer shall inform do the a work work, and whenever the Eng 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 P -In " the performance of this Contract, protect the public and the Owner fully by taking rea-I. 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- -+ veiling 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- thents..- The. Contractor shall pay not less than the 7 . • 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. • -12- 3.10 - Unsuitable Wdrk ■or t-iaterials: ' It 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, • 1 1 1 1 • 1 1 I c 1 1 1 1 1 1 l C 1 1 forthwith remove such material and replacer rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. • • Should the Contractor ovision within 72 hours a or should a he e fail h • th above provision and'complete correction of such faulty work, k. sha Engineer to proper prosecute may direct that the work be -. s 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 Obli ations• 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 and specifications. in full omiss P supervisor, or inspector to condemn of .the Engineer, condemn any defective work or material shall release the contractor from the obligation the atmonae aeartime out, remove, and properly replace 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 he s been ac- cepted by the Engineer, supervisor, cr inspector .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 ll c o prior to final acceptance, and if found not in ccor- dance with the specifications for s and wo a a l l nt - by re- examination, P s hall be b ' the Contractor; otherwise the ex- en be borne ne by p pease thus incurred shall tbe Ownered as "Extra work a shall be paid for by 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 " what is waste l shall h right materialorrubbish manner -determine place of disposal.. On or before the completion' of the work the Contractor shall, without charge chambers, or s, pipes, carefully clean out all p'" con- duits, shall tear down and remove all temporary struc- tures built by him, shall remove all rubbish of every -13- I rounds which he has occupied, ' n them g and shall leave them in a condition satisfactory to the Engineer. C: add from the er ' 3.13 ' Guarantee.• s During a period of 12 months-from and of after the date of the final acceptance yoteacwnr the work embraced by this Contract, the I 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 ache notice-in writing to the Contractor or his agent said Contractor shall neglect to make or to undertake IF s with due diligence the aforesaid r e p a s s, the the Owner is hereby authorized to make such rep airs in case of ra - tor's.expense; provided, however, emergency where, in the judgment of the Owner, delay . I . would cause•serious loss or to re pair s may emergency -•made without notice beingt cost thereof. ' the Contractor shall pay 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades • shal b l e furnished by the Engineer. Whenever neces- 3 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 I 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 I. tractor, and in case of careless destruction or remov- i 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 I personnel or its agents to enter the-property or loca- tion on which the work herein contracted . are being ,constructed Or installed for otheopurpOSe of s tr erviS- ' .sand inspecting orenstg structing or installing such collateral work asthe. Owner may desire.. _ 1 4.03 Owner's Ins pectors. It is agreed the Contractor that the Owner shall appoint such Engineer, supervi- sors, or inspectors as the said Owner may 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 that said work is done in 'accordance with the plans and specifications therefor. The Contractor shall furnsEnallereassupervisorsnb]e danor assistance required by the inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor ' shall regard and comply with the directions and in- • structions of the Engineer, supervisors, or inspectors so appointed when such directions and instructions are ' consistent with the obligations of this contract. 4.04 vide Collateral abor aaalkandTmaterial essentialtto thencomplero he Owner reserves ' tion of ork that is not included in this Contraccol- either by a ssharlt cp inrsuchsa� manner that it wi.1 work shall be be p rosecuted delay Any ' gilo nth damage of the woork k being e Caccomplishedrunderythis-Con- g ' tract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. 4.05 Right -of -W. Easements across private property and ' ay lands needed for construction under this Contract will II 4.0.6' provided by the Owner. 4.05 Adequacy of Design. It is agreed that the Owner shall II(: suffi- ' structure and practicability of the operations of the be ncy of the adequacy desi Documents, the e safety of the • strucy completed project; provided the Contractor has com- plied with the requirements of the said Contract Docu- ' ments, all approved modifications thereof, and addi- '' tions and alterations thereto approved in writing by . • the Owner. The burden of proof of such compliance ' shall be upon the Contractor to show that he has com- plied with the said requirements of the Contract Docu- inents, approved modifications thereof. and all approved ' additions_arid alterations thereto. . ' 5. • SChEDULIrG AID PROGRESS OF WORK 5.01 Order and Prosecution of the W o rk s; Itherwise he .specifically provided, that the Contractor shall be and intent of this Contract, v. allowed to prosecute his work at such times and sea- l' sons in such order of precedence and in such manner as shall be most conducive.to economy of construction; 1 1 -15- 1 1 1 ,. 1 1 1• 1 1 1 1 1 1 1 1 1 1 Should delays repeatedly occur due to • failure to provide adequte plant, eq pm " '` 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 f the work any eg- lect of the Owner or Engineer,-or y employee either, or by any other contractor employed by the - Owner, or by strikes,'fire or other cause or causes a h e h of th Ed ngineertdetermines couldehavetbeenor . : and herch e Engi neer anticipated nor avoided, for the delay . time sufficient to o compensate • 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 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 Li q ui dated D amages 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 paragraphs 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:: Amount of Liquidated. - Amount of Contract Damages per Day Less than $ 5,000.00 $ 30.00 5,001.00 to $ 15,000.00 35.00 15,001.00 to 25,000.00 '40.00 50.00 `25,001.00 to 50,000.00 50.00 • 50,001.00 to 100,000.00 '100.00 More than 100,000. -17- 1 .. ' G., 6 INDEMNITY I 6 Contractor's Indemnit Provision. To protect the owner from the Contractor's failure to ro any of the g oing duties or any of the terms of this Con - t tract, , the Contractor shall indemnity and save harm agents and employees ' less the Owner and the Owner's d decrees, and ex- from all losses, damages, 7 g penses or costs of any nature whatsoever sariSingiout or ' of or in anyway connected with any at law -or in equity brought against the Owner and the . to y Owner's agents and employees for the death or or inauryg- e to property caused, I ed perause or yor damage acts, negligence, nui- nc , y caored. breach an term or condition of this Con- tr ' tract t oh rf any by the Contractor, his agents, servants, subcon= tractors, or employees. The Contractor shall further- .-more indemnify and save harmless the ael or n the Owner's agents and employ persons, oa suppliers of sus sub- contractors, workers, material p I - of machinery and parts thereof,•equipment, power tools, and supplies incurred in connection with work II to be performed under thisontract. Propertywofc ' any shalripeion. gn h t he performance of this restore their p nC shall be damaged in t y the Contractor, his agents, employees, subcontrac- ( b ees and subcontractors shall b ' on th employees to e its condition•prior to damage by tractor at the Contractor's expense.. with the Workmen's Compensati-or_ Act 6.02 r ' Workmen's Com ensation Insurance. The Contractor paid .agrees to comply and to pay or cause to b_ p of the State io Texas, protect and • � all compensation, medical or other benefits, which may become due or- payable thereunder, and. t prate employ- and I the Owner and th ed wner'saagei.tses and reason indemnify ainst any ees cci and a9 disease or death sustained by ' of accidental injury, The Contractor shall fur- • aish t Owner ith nish-the Owner -with a certificate ontractor's and Accident Board evidencing said statute. -tractors'. compliance - . - • 6.03 Comprehensive Grovide and maintain s during .thehlifenof, thast t p Te Co - ' the owner, a Com- ` this Contra��le�eau��al nder said Contract- all work accepted by - pre Seen co i.nsurar-ce policy, said prehensi-v`e General Liability approved by the Owner, t policy and the issuing which specifically insures the- contractual liability 1 -18- 1 It The lia- of the ntontractoes Provision". T mindemnity Paragraph shall cove l li a dent Contractors verage' under this policy dent �vctg tors. Liability limits for the Comprehen eitl insurance coverage under this pole General Liabb policy shall not be less than the following: $100,000 each person Bodily Injury $300,000 each accident $ 25,000 each accident property Damage $ 50,000 aggregate 6..04.- The Contractor shall p the life of this Contract' and Owner's and maintain n nsur i nge. . andvune and l wotain during as b and Con- - pleted and accepted by the Owner, an Owner's until all work under said Contract-has been com- tractor's Protective Policy which co- insures the Owner Compr agents and employees with the-same Cod r O�•rner s n9 hensive General Liability coverage as described entitled "Comprehensive General Liabil- in 6.03 above ity Insurance ". The rovide and maintain during the life . 6.05 Comprehensive Automobile Liabilit Insurance. Contractor this shall P accepted under said the Owner, , a of this Contract an a e tea l and laccep unde Cn has been comp insurance policy, tract the Owner, said phlicyvanduissuingecarrier� approved by said po on o r off the site of the work the operation highway use, whe- non-owned, or hired by of all the he - non o of all motor vehicles licensed for ig insure contrac- ther they are owned, specifically tractor, in which shall tual liability of the Contractor assumed under the i above Paragraph 6.01 entitled The.liability limits for the Comprehen- Contractor's elshalllnot sive ion"- insurance coverag dive Automobile L e fo b l ow i n9= ' • be less than person . I njury .. $100, Bodily 000 each pe $300,00.0 each accident ..$ 50,000 each accident *. r Property Damage . .: r the insur • + 6 6.04.. set out in sections 6.02, '6.06 Insurance, Certificate- .1n connection shall furnish the Owner ande coverage .the Contra and 6.05 above, 'the said insurance. SaidVen • certificate a certificate give ate that 10 rdayscadvancelwritten noticehbeforeranyaprovisions l be g 10 Y -19- ' f the policies are Changed or in the event said poli- l :n shall be cancelled. to thesOwnerlprioretofstarting inc e shall be provided my construction work in connection with this Con- tract. • TERMINATION OF CONTRACT b hu of Oof ner s Contractor - an guilty of su .the Owner, upon certification an the a n thereof, such by the Engineer as to the nature t and anXtotherfresourc- violation, may without prejudice any es or remedy give the Contractor for N i t e Contractor of termination of the employ Immediately r f 1owing - days subsequent to such notice•ssession the site of . - such date the Owner may take po • the work and all material, equipment, tools, and ap- pliances thereon and may finish the work in accordance - with the provisions of Section 8 "Abandonment of Con- tract by Contractor ", of these General.ConditiOns. I 7.02 Ri ht of Contractor to Terminate. - If work r s should be stopped by order of any public authority through no act nths� fault if the Owner should substan- • tilY (3) perform the p tithly regard to p provisions of the Contract with regard to Owner's oblig ations to the Contractor, IL then the Contractor may, upon 10 days written notice to the Owner; terminate this Contract work and recover•from • the Owner payment for all comp Removal of E ui went. In the event that the Contract ' should be terminated for any reason whatsoever, the request the Contractor in writing to remove Owner may uipment, tools, and supplies, and any or all of his 11 with the request within 10: the Contractor shall comply 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 o at I equipment, tools and supp . taat " place such d of the Contractor. ' � the risk an ex ..i_- 4s 8. • ABANDONMENT OF CONTRACT BY-CONTRACTOR' • 8.01 • Notification of Contractor. If the Contractor should abandon and all to refuse to resume work within 10 - ?.0- 1 . 1 1 1 1 1 1 1 1 1 1 1 1 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 tg and idirected to complete the work, and a copy of _ be delivered to the Contractor. 8,02 Retention of Contractor's E.uipment and materials b Owner. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials, or supplies but equipment under e together i n contractfor 'theworkm y materials 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. If 8.03 Methods of Com leting the Work. Ife a Surety rshould. fall to commence compliance pletion hereinbefore provided within 10 days after for service of such notice, then•the Owner may provide completion of the work in either of the following elective manners: • a. The Ownet may thereupon employ suhorceoof,wmrt- ers and use such machinery, equipment, 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 outof such monies as may he due or that may: '. •; thereafter at any time become due to the Contrac- „., for '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 dharged 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 whatould have been the coSt to conplete under this Contract, the Contrac tor or his Surety shall.be credited therewith. . . . 8.04 Final Acce tance. 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. 8.95 Dis osition of Contractoris•E ui ment. In the event 'the statement-of accounts shows that the cost to con- '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- 'ttractor 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 hereinaboe, 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 nailed to the Contractor and his Surety at the respective addresses designated in this • - . . -22- 1 1 1 1 1 1 1 1 1 1 1 1 l c 1 1 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 dived from e the credit m defat the eitherr and pub- lic or private ors rivattye . Such sale, mach in -. sale may with or without notice, as the Owner may elect. The Owner shall release a ny which ery, equipment, tools, materials, remain on the work and belong to persons other than the Contractor or his Surety to their proper owners_ g. MEASUREMENT AND PAYMENT 9.01 Character of Measure tints. NobexaraowP.dcustt try measurements of any actual length, area, solid contents, number, and weight only shall be considered unless otherwise spe- cifically provided. ' ed quantities stipulated in the proposal form under 9.02 Estimated vs. Actual Quantities. Any and all estmmat unit price items are approximate and are rtoee used t only (a) as a basis for estimin he probab of the .work and (b) for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amount d f and - ro such furnished q ua tit nies and that the basis of work such estimated q payment for such work and materials shall be for the actual amount of such work done and the actual q uan- - • 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 amou ofew o a k d ac t ually performed and materials actually proposal or other cont ntrac stimated thprovidedl, however, that if the Cracq Documents; provided, should become as much as actual 5 p percent of any 25 percent more e than or 25 percent or such itemsththenti- ;rated or contemplated quantity - either party to this Contract shall be entitled upon demand to a revised consideration on the portion of • -23- 1 1 1 . 1 1. 1 1 1 1 1 1 1 1 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 ?,ltermined 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. an consideration furnishing and t the the e necessary labor, labor, , equipment 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 co a re the Owner agrees to he forth in the Proposal attached hereto which hao been made a part of this Contract. The Contractor hereby. agrees to receive such amounts in full payment for furnishing all mforrall expense incurredgbyrhimfoand for or eowefl aforesaid truly work, manner the sane and the whole er p thereof in the anner and according 00 0f r the , the attached specifications, and requirements Engineer. 9.04 Monthly Estimates and Payme will On make bo eofi day of each month the Engin mate estimate of the value of work done inhe conformi provio with the plans and specifications during calendar month. The Contractor shall furnish .to the Engineer such detailed information as e oaymrequest to aid him as a guide in the preparation n estimates. After each such Oestimate shalll tavehbeenn- + approved by the Owner, tractor 90 percent 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 unexpectednorhunusualof upon occurs due.to no fault or ne ec tt n ecpatno the Contractor, the Owner may, P dation of the.Engineer, pay a reasonable and equitable ,portion of the retained.percentage_to the Contractor; • Centr ac °f givenithe Engineer 'Within noticeathatfthe work hostbeenor has given been completed the exeminatiaen3itestcthstethe tnm ndrn on and satisfy himself by tte in actot w ork has been finally and fully p dance with the plans, specifications and Contract. If r -24- 1 . 1 1 1 1 _ so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such . cancififathewV issued shall this Contract. accep- Contract. tance of Final Estivate and Payment. After the Contract Com- 9.06 Engineer shall proo pletion Certificate has been issued the g repare a final aled t mte f the work u done n and amaterials furnish eunder of ed ineer shal Contract and he Final aEstimateeand submit • it Engier to oe th sOe Owner certify wit days from the date of it tOwner hin five (5) Y • the Contract Completion Certificate. The Owner shall pay the Contractor within 15 days from the date of the Contract Completion Certificate the entire dub shown du after deducting nEngi the certified Final prepared al ]. amounts oe by provision of this to be kept and retained under any p Contract.• However, it payment is to be specifically not be pifially under- t- stood that the final p Y nitcbmspaideb until Owner to the Contractor under any the Notarized Affidavit required dby 9.07 t titled "Notarized Affidavit ", 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 agreed that all estimates, when approved by be conclusive evidence of the work done and materials. furnished. . . . urnished. . 9.0/ 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, vendos, an labor or firms who have furnished or performed - or furnished materials for the work have been fully paid or satisfactorily secured. h , signed by affidavit she u S 'bear or be accompanied by uc ent sig bond ta he Surety Company who provided the pe .•; the work, to the effect that said Surety Company . oon - ' sents to final payment to the Contractor, being made by , the Owner. of Liability. The acceptance by the Contrac- 9.08 Release o payment shall operate.as and shall be tor the last o a release ase 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- 1 1 1 1 1 1 1. 1 1 1 '. 1 . 9.09 Contractor's Obli aq tion- Neither the C o n t r a c t Co tion Certificate. nor the final payment 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 or nullify the whole.or part"of any payment to such extent as may be 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 ly to subcontractors or for material or 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. SPECIAL - CONDITION OF THE AGREEMENT Minimum Wage Scale - Current wage rates paid for highway -heavy construction and paving in Zone 8 which includes Williamson County. -26- 1 1 1. 1 1 1 1 ' C 1 1 1 4.0 TECHNICAL SPECIFICATIONS 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 ' 1 1 1� 1 item Aio_ 312 • a ��'o�i • 'Materials • 312 -2 Materials .! / t(i) Description - This-•item. establishes- the- t'egu- irere -ts- for asphaltic material' to he used on the City of Round Rock Sealcoat project. • • 312.1 De.scription Ti•_s item sh ^!l consist of a surface treatment composed of a single application of asphalt. covaa— 1 - with sag mate for the sa_l .g'of existing paveWents in accordance with these specification.;_ - . not d when air temperature is below GO and is failing% end rt.y ba aaoli.3 Seal coats shall ao. be a abo P' t temper is above 5O'F and is rising, thee. terape.ratu_e barn.;; taken in the shad= aad away when alt firs. ?' - , 1 general weather conditions, y ta - S ;ram artificial heat- Asp•'i^tc material shall not be placed what � teir_::•n of not suitable. ... ... .• .. When tested according to Texas Highway Department Test Methods, the AC -5 shall meet the applicable requirements of this specification. (1) Asphalt Cement • The material shall be homogeneous, shall be free from water, shall not foam when heated to 347 and shall meet the following requirements_ :Viscosity Grade. • Viscoany 140 °F stokes Test Viscosity 275'F sto tea Pene : ;ton, 77'F. 100g, 5 sac. Flash Point. C.O.C. F $0I. 0ihty in trIchtaroethyiens. percent Tests on residues from thin 10m Wise teat: Viscosity, , 1 1t,k35. • . Dudairr 77-P 5 S9.0 0— • 1500 ems per min. cma • - ! leo • Guaranteed Minimum Test t 301.3 Storage, Heating and Application Temperatures Asphaltic materials should be applied at the temperature which provides proper and uniform distribu- tion and within practical limits avoiding higher temperatures than necessary. Satisfactory application usually should be obtained within the recommended ranges shown below. No materiel shall he heated' above the following maximum temperatures; TYPE -GRADE Application and Mixing Heating and Recommended Maximum Storage Range, "F Allowable, °F Maximum, Sir 775.375 350 ' 4C0 .r - 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 . Warning to Contractors . Attention is called to the fact that asphaltic materials are very flammable. The utmost care shall be taken to prevent open flames from coming in contact with the asp'.- altic material or the gases of same. The Contractor shall be responsible for any fires or ac.ci dent; which may result born heating the asphaltic materials. ' • - �• NOTE: }tenting of esphaldc mate:isb (except emulsions) Constitutes a .:re hazard to various <S-f;, ti:. Proper }.,-..r.::.i-ets s::ou}3 • be use l in all c.sa.3 ead especially with RC cut•backa. 1 (2) Aggregate Aggregate for the sealcoat portion of this project will be furnished by the owner at no cost to the contractor. The material will be stockpiled at Texas Crushed Stone Company, Georgetown, Texas. (3) Aggregate (Stockpiled) - Aggregate may be stockpiled only on permission of the Engineer in locations d for stockpiling. . 312.3 Equipment Equipment to be used will consist of the following: asphalt storage and heaters, distributors, aggregate spreaders, blade equipped tractor and drag broom, flat wheel roller, pneumatic rollers, water truck with pump, and rotary broom. - . Equipment for heating asphaltic material shall consist of a tank with steam coils so designed that steam will not be introduced into the material. Other approved equivalent heating facilities may be used. - . - - -The distributor shall have pneumatic tires of such width and number that the load produced on the street surface shall r.ot exceed 650 pounds per inch of tire .vdth, and shall be so designed. equipped. maintained, and operated that asphaltic material at even heat may he applied uniformly on variable widths of surface at readily determined and controlled rates of from 0.05 to 2.0 gallons per square yard, with a pressure range of from 25 to 75 pounds per square inch, and with an allowable variation from any specified rate not to exceed five (5) percent. Distributor equipment shall include tachometer, p:esstir.. gauges, volume measuring devices, and a thermometer for reading temperatures of tank contents. The aggregate spreading equipment shall be adjustalle and capable of spreading aggregate at controlled • amounts per square yard. The drag broom shall be light weight street type, mounted on a frame, designed to spread aggregate uniformly over the surface of a bituminous pavement. and equipped with pull plates for towing. Towing. equipment shall be pneumatic -tied. Power rolled shall be self - propelled, three - wheel -type, weighing not less than 5 tons. and not more than tons, and shall be suitable for rolling bituminous pavement. The wheels of the rollers shall be equipped with adjustable scrapers. The rollers shall be equipped with water tanks and sprinkling apparatus. • 301 -5 1 1 1 ( , 1 1 1 1 1 1 1 1 1 1 1 which shall be used when necessary to keep the wheels wet and prevent adherence of the bituminous . 't material to them. • . The pneumatic roller shall consist of pneumatic tires arranged in a manner so as to provide a satisfactory compacting unit. The roller shall have an effective rolling width of at least sixty (60) inches, and shall give a compression of at least 275 pounds per inch of width of tread when fully loaded. The roller and the operating power unit shall meet the approval of the Engineer. • Water truck with pump shall be available at the stockpiles to keep the aggregate in a wetted condition before spreading, as directed by the Engineer. Rotary brooms shall be suitable for cleaning the surfaces of bituminous pavements- 312.4 Construction Methods (1) Cracks and Holes - Cracks and holes will be patched by the contractor prior to seal coat operations. Material - used to do this patch work will be hot mix, hot lay asphaltic concrete, or other asphaltic • materials as approved by the Engineer. (2) Cleaning Existing Surfaces • • . Prior to placing the seal coat, loose dirt, and other objectionable material shall be removed from the existing surface. The surface will be cleaned with a rotary broom. Hand brooms will be used in areas not accessible to rotary brooms. The Engineer must approve all streets • before application of•any asphalt. _: - (3) Application of Asphaltic Material Immediately following the preparation of the existing surface by cleaning, the asphaltic material shall be so applied that uniform distribution is obtained at all points_ Skip streaks on the pavement, due to defective distributor nozzles, will be re -shot with hand operated sprayer. • Building paper shall be spread as directed by the Engineer at designated areas on the surface for a sufficient distance back from the end of each application so that flow through • sprays may be started and stopped on the paper, and so that all sprays will operate properly over the entire length being treated. Building paper so used shall be immediately removed and loaded on a truck. At the end of each day, the paper shall be disposed of at a site approved by the Engineer. . . ' • Application temperatures will be as prescribed in Item 301, "Asphalts, Oils and Emulsions." When a street to be sealed is continuous through several intersections, sealed area will include all spandrels and stub -outs, unless otherwise directed by the Engineer. Spandrels will be hand - sprayed.. : w. The contractor shall be required to seal all spandrels at the same time the adjacent streets' are sealed, unless otherwise approved in writing by the Engineer- . .. all applications, the surface of adjacent structures shall be protected in such a manner as to prevent their being splattered or marred. Building paper shall be spread on all manholes, valve boxes, junction boxes, etc. as directed by the Engineer to protect the sur- face from asphaltic materials. The asphaltic material shall not be applied until the cover aggregate is available and ready to spread with assurance of continuous operation. No asphaltic material shall be placed which cannot be covered and rolled during daylight hours. (4) Spreading the Aggregate The covering material in the quantity specified shall be spread uniformly over the bituminous material as soon after application as possible. The aggregate shall be spread in the same width of application as for the ae. ltic material, and spread uniformly with the aggregate spreading equipment. 1 1� ,•.■ i=: J Trucks spreading aggregate shall be operated backward so that bituminous material will be covered before truck wheels pass over it. The aggregate shall not be applied in such thick- ness to cause blanketing �r stacking. Backspotting or sprinkling cover'ag gregatc shall be done by hand spreading, which will be continued during the operations whenever necessary, as directed by the Engineer. Trucks used in hauling or spreading aggregate shall be measured by the Engineer in the presence of the contractor and the volume of each determined. Trucks of unequal volume will not be allowed. - • If the contra( tor employs a mechanical aggregate spreader in his seal operation, the spreader will be operated in such a manner that the Engineer can determine. at all times during the spreading operation the rate of application of the aggregate. • (5) Brooming and Rolling • Rolling shall be started as soon as sufficient aggregate is spread to prevent pick -up and continued until no more aggregate can be worked into the surface. The surface shall he blanket rolled with a flat wheel roller at least once. The contractor shall arrange his work so that all flat wheel rolling of all cover aggregate applied that day is accomplished prior to sundown. After completion of rolling with flat wheel roller, cover aggregate will be rolled a minimum of four (4) complete coverages with pneumatic rollers. - Julien of the rolling equipment specified, the contractor may, upon written permission from the Engineer, operate other compacting equipment that will produce equivalent relative compaction in the same period of time as the specified equipment. , - . Rollers shall be maintained in good repair and operating condition and shall be approved by the Engineer. • • • • The poney blading or drag - brooming should start as soon as possible after the rolling has started and the surface has set sufficiently to prevent excessive marking of the seal surface. Further poney blading or drag - brooming should be done as often as necessary to keep cover aggregate uniformly distributed over the street surface. At no time shall there be less than two pneumatic tire rollers on the job. The use of the poney blade or drag broom in connection . with the rolling will be left to the opinion of the Engineer as to which gives the desired _results. The contractor will be responsible for maintaining all streets for 48 hours after each street. has been seal coated. Maintenance will consist of brooming, rolling and adding more aggre- gate as directed by the Engineer. . • (6) Asphaltic Material Contractor's Responsibility ' The contractor shall furnish vendor's certified Lest report for each carload, or equivalent, of asphaltic material shipped for the project. The report shall be delivered to the Engineer, before permission is anted for use of the material. • gr : Warning to Contractors Attention is called to the fact that asphaltic materials are flammable. The utmost care ' shall be taken to prevent open flames from coming in contact with the asphaltic material or the gases of same. The contractor shall be responsible for any fires or accidents which may result from heating the asphaltic material., - 312.5 Traffic Control Facilities The Contractor shall arrange the seal coat operation in such a manner as to avoid excessive inconven- ience to the public in the seal coat area. • The Contractor shall notify all abutting property owners along the street prior to seal coat operation_ 312 -3 The Contractor shall have on the project site sufficient barricades, flag -men; and traffic control devices to assure a minimum of inconvenience to traffic around the construction area. If such arrangements are not made by the Contractor to the satisfaction of the Enp ncer, the seal coat operation shall not be allowed to continue. The Contractor shall on all streets, after the seal has been applied, post slow signs along these streets, and maintain such signs for twenty -four (24) hours. If the Contractor so desires, the Traffic Engineer for the City of Austin will crake such signs o s available. If the Contractor obtains such signs from the City, the. Contractor will be held accountable to return all signs in good condition. All signs that are lost. or damaged will be replaced in accordance with the specifications of the Traffic Engineer. Replacement will be made before payment will be made on the final estimate. Measurement & Payment This item will be.paid for in the cubic yard unit price as set forth in the BID SCHEDULE. This item shall include all materials, labor and equipment, required for a complete installation except those materials to be furnished by owner as set forth in the Technical Specifications. 1 340 -1 Description consist of a leveling -up course, a surface course or a corabi- ation of these. courses a Hatted mixture of mineral aggregate and asphalt This item shell shown on the p!^ -rs, each to be composed of a corn, The pavement shall be constructed on the previously completed and approved subgrade, base, existing pavement, bituminous surface as herein specified and in the locations shown on the plans. 340.2 tiatEriais • - (t) Aggregate • . and i • The mineral aggregate shall be composed of a coarse aggregate, a fine aggregate, required, a m3 =era1 filler. Samples of coarse aggregate, fine aggregate and mineral filer steal • be submitted for testing es directed by the Engineer and approval of both mater'' =..r and o the source of supply must be obtained from the Engineer prior to delivery_ Combined mineral aggregate, after final processing by the mixing plant and prior to additio of asphalt and mineral filler, shall have a sand equivalent value of not less than 45, unless aggregate from each source when tested ill m t the quality l y testsspecified here fter . unless oth•ernvii • specified on the plans. _ (a) Coarse Aggregate - . ' Coarse aggrea to shall be that part of the aggregate retnired on the No 10 sir s hall consist of clean, tough, durable fragments of stone, crushed blast furnace sl: 'crushed gravel, gravel, cinder aggregate (produced by burning ligalte or teal) or co • lunation thereof as hereinafter specified of uniform quality throughout_ When the coarse aggregate is tested in accordance with Teat T at:re -3 Tex -21" (Part or, Separation of Deleterious Material), the mount or,...*.:_ e matt c•. loo am or particles coated therewith or other undesirable.. materials shall not exceed 1 percent and when the remaining part of the sample is further tested in accorda with Test Method Tes -217 -F (Part II, Decantation), the amount of material remo • shall not be more than two percent. _ .. F ;. The coarse ago egate (each coarse aggregate when a corabinatioa of materials is u • shell have an abrasion of not more than forty percent loss by w ht -�clie t subje Test 3 1 ..,_'.., ". -"'. Angeles Abrasion est, `lctl:od, Tex 10 .el: gs to the Los T ,,�,,,. -:, , .• +., u., ,; • •� .e : �,. • s'f; , : t +'; „• ... Unless specified otherwise, gravel'shall be so crushed that seventy -five per at o particles retained on the No. d sieve shall have more than one crushed. face n tested in accordance with Test Method Tex-413.A (Particle Count)_ Fins Aggregate - . • . The fine aggregates shall be that part of the aggregate passing the No. 10 stew. shill consist of sand, screenings, or combination thereof as hereinafter epecif•i uniform quality throughout. gregate shall consist. of durably: particles, free from injurious foreign n- Fine a, , . 1 • (b) 1isrrl No. 34.0. HOB AsphalliC Concrete. Pcwe 7:e1T 1 •. 1 1� 1 1 1 1 1 1 1 1 1 1 1 1., 1 1 • 1 340 -2 - (2) (a) Paving Mixture (b) Prime Coat or Tack Coat • • Screenings shall be of the same or similar material as specified for coarse aggregate. The plasticity index of that part of the fine aggregate passing the No. 40 sieve shall. be not more than 6 when tested in accordance with Test. Method Tex - 106 -E. Fine aggregate from each source shall meet plasticity requirements. Where stone screenings are specified for use, the stone screenings shall meet the following grading requirements unless otherwise shown on plans: • Percent by Weigh! . • Passing the 3la "Sieve 100 .. . Passing the No. 200 Slew 10-30 - . • When authorized by the Engineer, stone screenings . containing particles larger than 3/8" may be used but only that portion of the material passing the 3/8" sieve shall •' be considered as . fulfilling the requirements for screenings when a minimum percentage of screenings is specified for a particular mixture. (c) Mineral Filter . • . Mineral filler shall consist of thoroughly dry stone dust, slate dust, portland cement, fly ash or other mineral dust approved by the Engineer. The mineral filler shall he free from foreign and other injurious matter. • When tested by Test Method Tex -200 -F (Dry Sieve Analysis), it shall meet the follow- . . •• ing grading requirements: • :Percent by Weight ' Passing a No. 30 Sieve 95 to 100 Passing a No. 80 Sieve, not less than 75 Passing a No. 200 Sieve, not less than 55 Asphaltic Material • Either a prime coat or tack coat of asphaltic material will be required as shown on the • . plans and included in the contract. These materials shall meet the requirements of specification item, "Asphalts, Oil and Emulsions." - (1) Types The paving mixtures shall consist bf a uniform mixture of coarse aggregate, • fine aggregate, asphaltic material and mineral filler, if required. The grading of each constituent the mineral aggregate shall be such as to produce, when properly proportioned, a mixture which, when tested in accordance with Test Method Tex -200 -F (thy Sieve Analysis), will conform to the limitations for master grading given below for the type specified. Asphalt for the paving mixture shall be of the types of asphalt cement oz oil asphalt _ as determined by the Engineer and shall meet the requirements of the Item, :'Asphalts, Oil and Emulsions." The grade of asphalt used shall be as designated by the Engineer after design tests have been made using the mineral aggregates that are to be used in the project. If more than one type of asphaltic concrete mixture is specified for the project, only one grade of asphalt will be required for all types of mix- ' tures, unless otherwise shown on plans. The Contractor shall notify the Engineer of the source of his asphaltic material prior to design or production of the asphaltic mixture and this source shall not be changed during the course of the project except on written permission of the Engineer. 1 1 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 . Typo "D" (ring Graded Surface Course) Passing Vs" sieve 100 Passing 318" sieve 95 to 190 Passing 318" sieve, retained on No. 4 5100 -• 20 to 00 Passing No. 4 sieve, retained on No. 10 sieve 10 to 30 Total retained on No. 10 sieve 50 to 70' Passing No. 10 sieve, retained on No. 40 sieve 0 to 30 Passing No. 40 sieve., retained on No. 80 slava 4 to 25 • Passing No. 80 sieve. stained on No. 200 sin. 3 to 25 Passing 140. 200 sieve 0 to 10 • The asphaltic material shall form from 4 to 8 percent of the mixture by N:eight unless specified othenvise on the plans. The Engineer will designate the exact grading of the ago egate and asphalt content, within the above limits, to be used in the mixture. The paving raix- •, ture produces should not vary from the designated grading and asphalt con- tent by more than the tolerances allowed herein; however, the mixture pro- duced shall conform to the limitations for master grading- specified above_ (2) Tolerances Passing 718" sieve, retained on 310" sieve P Passing 518" sieve, retained on 318" sieva P Passing 318" sieve, retained on No. 4 slave P - Passing No. 4 sieve, :Veined on No. 10 sieve P Total retained on No. 10 siev■ P Passing No. 10 sieve, retained on No. 40 sieve P Passing No. 40 sieve, retained on No. 80 sieve P Passing No. 80 sieve, retained on No. 200 sieve P Passing No. 200 slave P • Asphalt Material P Percent by Weight les or minus 5 lus or minus 5 lus or minus 5 lus or minus 5 lus or minus 5 tus or minus 3 lus or minus 3 tus or minus 3 lu.: or minus 3 Res or minus 0.5 1 1 1 1 1 1 1 1 1 1 1 1 1 340.4 Equipment Should the paving mixture produced vary from the des ggnated grading and • asphalt content by more than the above tolerances, proper changes are to be - made until it is within these tolerances. (3) Extraction Test • Samples of the mixture when tested in accordance with Test Method Tex -210 -F shall not vary from the grading proportions of the aggregate and the asphalt content designated by the Engineer by more than the respective tolerances. specified above and shall be within the limits specified for master grading. . (4) Sampling and Testing • • It is the intent of this specification to produce a mixture which when, designed and tested in accordance with these specifications and methods outlined in •• THD Bulletin C -14, will have the following laboratory density and stability . unless otherwise shown on the plans. - Density Min Max 95 99 Porcont Stability, Percent Optimum Not teas than 40 unless otherwise shown on plans- - Stability and density are control tests. If the laboratory stability and /or density of the mixture produced has a value lower than that specified, and in • the opinion of the Engineer is not duo to change in source or quality of materials, production may proceed, and the mix shall be changed .until the laboratory stability and density falls within the specified limits and as near the optimum value as is practicable. If there is, in the opinion of the Engineer, a fundamental change in any material from that used in the design mixtures, production will be discontinued until a new design mixture is determined by trial mixes. It is the intent of this specification that the mixture will be designed to' produce a mixture of optimum density. (1) Mixing Plants • • - Mixing plants that will not continuously produce a mixture meeting all of the requirements of this specification will be condemned. Mixing plants raay be either the weight - batching type, the continuous mixing type or dryer drum mixing type. Each type of plant shall ba equipped with satisfactory conveyors, power units, aggregate handling equipment, hot aggregate screens and bins and dust collectors and shall consist of the following essential pieces of equipment. • (a) Weight - hatching Type • • Cold Aggregate Bin and Proportioning Device The aggregate bin shall have at least four compartments of sufficient size to store the amount of aggregate required to keep the plant in continuous operation and of proper design to prevent overflow of material of one bin to that of another bin. The proportioning device shall be such as will provide a uniform and continu- ous flow of aggregate in the desired propol tion to the dryer. Each aggregate shall be proportioned in a separate compartment. Dryer The dryer shall be of the type that continually agitates the aggregate during heating and in which the temperature can be so controlled that aggregate will not be injured in the necessary drying and heating operations required to obtain a mixture of the specified t-•-iperature. The burner, or combination of burners, and type of fuel used shall uch that in the process of heating the aggregate to the desired or specified ' '••re, no residue from the fuel shall adhere to the heated aggregate. A recording thermometer shell be provided which will record' the 'temperature of the aggregate when it leaves the dryer. The dryer shall be of sufficient size to keep the plant in continuous operation. Screening and Proportioning The screening capacity and size of the bins shall be sufficient to screen and store the amount of aggregate required to properly operate the plant and keep the plant in continuousoperation at full capacity. Provisions shall be made to enable inspection forces to have easy and safe access to the proper location of the mixing plant where representative samples may be taken from the hot bins for testing. The aggregate shall be separated into at least four bias when producing Type "fi" and Type "C" mixtures, at least three bins when producing Type "I3" - mixtures. If mineral filler is used an additional bin shall ba provided. These bias shall contain the following sizes of aggregates: • Typo "0" (Fine Graded Surface Course) Bia No. 1 —will contain aggregates of which a 10103 peerceot by weight will pass the No. 10 sieve. Bin No. 2 —will contain aggregates of which at feast 70 percent • by weight will be of such site as to pass the No. 4 sieve and be retained on the No. 10 sieve. Bin No. 3 —will contain aggregates of which al least 75 percent by weight will be of such site as to pass the •/t inch sire and be retained on the No. 4 slave. Aggregate Weigh Bert and Belching Scales The aggregate weigh box and batching scales shall be of sufficient capacity to hold and weigh a complete batch of aggregate. • (A) The weigh box scales used for weighing aggregate shall be eo_•.ipoed with a quick adjustment at zero to provide for any change in tare_ The scales shall be provided with pointers or "tell-tale' indicators of the springless dial type to indicate full load for each ago egete. The dial or "tell-tale" device shall be in full view of operator while charging the weigh box and he shall have convenient access to all controls. • ' - • . Cold Aggregate in and Proportioning Device. Asphaltic Pdatarial Bucket and Scales The asphaltic material bucket and scales shall be of sufficient capacity to hold and weigh the necessary asphaltic material for one batch. (B) If the material is measured by weight, the bucket shall be properly attached to the scales. If the proportioning is by volume based on weight. the measuring bucket used shall be of the over -flow type and shall meet the requirements of the Engineer. The valves at. the asphaltic material bucket shall be of a quick cut -off type that do not. leak. • (C) On batch plants equipped with a pressure type flow meter for volumetric measurement of the asphalt required in each batch, the metering device and auxiliary equipment shall meet the follovring requirements: ' The volumetric meter shall be so designed and constricted to automatic- ally measure the asphaltic•lnaterial into each batch within the tolerance of • plus or minus 0.1 percent of the total hatch weight. The meter shall be so constructed that any setting may be locked and the meter will automatic- - ally reset itself to this setting after the addition of the asphaltic material to each batch. A thermometer shall be installed in the asphalt line to accurately measure the temperature within plus or minus 5°F over a range from 50 °F to 400 °F. Provisions of a permanent nature shall be made for checking accuracy of meter output, including scales and container of such size that a full batch of asphaltic material may be weighed_ Mixer . • The mixer shall be of the pug mill type and shall have a capacity of not less than . 3,000 pounds in a single batch unless otherwise shown on the plans. The number. of blades and the position of same shall be such as to give a uniform and complete circulation of the batch in the mixer. The mixer shall be equipped with an approved spray bar that will distribute the asphaltic material quickly and unifornily throughout the mixer. Any mixer that has a tendency to segregate the mineral aggregate or fails to secure a thorough and uniform miadng with the asphaltic material shall not be used. This shall be determined by mixing the standard batch for the required tune, then dumping the znixt are and taking samples from its different parts. This will be tested by the extraction test and must show that the batch is uniform throughout. All mixers shall be provided with en automatic time lock that will lock the discharge doors of the mixer for . required mixing period. The clump door or doors and the shaft seals of the mixer shall be tight enough to prevent spilling of aggregate or mixture from the pug mill. - (b) Continuous Mixing Type Same as for weight - batching type of plant." • Dryer - Same as for weight- batching type of plant. Screening and Proportioning Same as for weight- batching type of plant.. Hot Aggregate Bin • The hot bins shall be so constructed that oversize and overload material will be discarded through a discharge chute. llol. bins that-become deficient in material shall activate a switch that automatically stops the plant until the proper adjust- ments ale made in the a ..gate gates. 1 1 1 1 .. 1 1 Hot Aggregate Proportioning Device The hot aggregate proportioning device shall he sn designed that when properly operated a uniform and continuous flow of aggregate into the mixer will be main - tained. Asphaltic Material Spray Bar The asphaltic material spray bar shall be so designed that the asphalt will spray uniformly and continuously into the mixer. Asphaltic Material Meter An accurate asphaltic material recording meter shall be placed in the asphalt line leading to the spray bar so that the cumulative amount of asphalt used can be accurately determined. Provisions of a permanent nature shall be made for checking the accuracy of the meter output. The asphalt meter and line to the meter shall be protected with a jacket of hot oil or other approved means to main- tain the temperature of the line, and meter at near that temperature specified for the asphaltic material. The temperature of the asphaltic material entering the recording meter shall be maintained at -I- 10 °F of the temperature at. which the asphalt metering pump was calibrated and set. Inability to maintain this toler- ance in temperature shall result in an adjustment of the pay quantity- for the asphaltic material. If a pressure type flow meter is used to measure the asphaltic material, the requirements of the Item "Weighing and Measuring Equipment" shall apply. Mixer . The mixer shall be of the pug mill continuous type and shall have a capacity of not less than 40 tons of mixture per hour. Any mixer that has a tendency to segregate the aggregate or fails to secure a thorough and uniform mixing of the aggregate with the asphaltic material shall not be used. The dam gate at the dis- charge end of the pug mixer and /or pitch of the mixing paddles shall be so adjusted to maintain a level of mixture in the pug mixer between the paddle shaft and the paddle tips (except at the discharge end). Truck Scales • A set of standard platform truck scales, conforming to the Item, "Weighing and Measuring Equipment,' shall be placed at a location approved by the Engineer. (c) Dryer -Drum Mixing Plant The Contrator may, at his option, elect to use the dryer -drum mixing process in the mixing of asphaltic- concrete material. The plant shall be adequately designed and constructed for the process of mixing aggregates and asphalt in the dryer -drum with- out preheating the aggregates. The plant shall be equipped with satisfactory con- veyors, power units, aggregate - handling equipment and feed controls and shall consist. • of the following essential pieces of equipment: - ss Cold Aggregate Bin and Feed System - The number of compartments in the cold aggregate bin shall be equal to or greater than the number of stockpiles of individual materials to be used. The bin shall be of sufficient size to store the amount of aggregate required to keep the plant in continuous operation and of proper design to prevent overflow of material of one bin to that of another bin. The feed system shall be such as will provide a uniform and continuous flow of aggregate in the desired propor- tion to the dryer. Each aggregate shall be proportioned in separate compart- ment with total and proportional control. The system shall provide positive weight measurement of the combined cold 340-1 1 1 1 1 . 1 1 1 1 1 1 1 1 i (. 1 aggregate feed by use of belt scales or other devices. A scalping screen may be required if directed by the Engiueer. Asphaltic Material Measuring System An accurate asphaltic material measuring device shall be placed in the system prior to the introduction of the asphalt to the dryer -drum mixer so that the amount of asphalt used can be accurately determined. Unless otherwise shown on the plans the temperature of the asphaltic material entering the mixer shall be maintained at + 10 °F of the temperature selected by the Engineer. Synchronization Equipment for Feed Control Systems The asphaltic material feed control shall be coupled with the total aggregate weight measurement device in such manner as to automatically vary the asphalt feed rate as required to maintain the required proportion. - Dryer - Drum Mixing System - • The dryer -drum mixing system shall be of the type that continually agitates the aggregate and asphalt mixture during heating and in which the temperature can be so controlled that aggregate and asphalt will not be injured in the neces- sary drying and heating operations required to obtain a mixture of the specified temperature. A continuous recording thermometer shall be provided which will indicate the temperature of the mixture as it leaves the er mixer. Th dryer -drum mixing system shall be of sufficient size to keep the plant in co tine uous operation. * SurgeStorage System The system shall be adequate to minimiz the production interruptions during the normal day's operations. Truck Scales A set of standard platform truck scales, conforming to the Item "Weighing and Measuring Equipment," shall be placed at a location approved by the Engineer. (2) Asphaltic Material Heating Equipment • Asphaltic material heating equipment shall be adequate to heat the amount of asphaltic material required to the desired temperature. Asphaltic material may be heated by steam Boils which shall be absolutely tight. Direct fire heating of asphaltic materials will he per- mitted, provided the heater used is manufactured by a reputable concern and there is positive circulation of the asphalt throughout the heater. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24 -hour chart that will record the temperature of the asphaltic material at the highest temperature. L, rvc. (3) Spreading and Finishing Machine _ 4 ,• The spreading and finishing machine shall be of a type approved by the Engineer, shall be capable of producing a surface that will meet the requirements of the typical cross section and the surface test, when required, and when the mixture is dumped directly into the finish- ing machine shall have adequate power to propel'the delivery vehicles in a satisfactory man- ner. The finishing machine shall be equipped with a flexible spring and /or hydraulic type hitch sufficient in design and capacity to maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. . The use of any vehicle which requires dumping directly into the finishing machine and which the Finishing machine cannot push or propel in such a manner as to obtain the desired lines and grades without resorting to hand finishing will not be allowed. Unless otherwise per- mitted by the plans, vehicles of the i- trailer type are specifically prohibited from dumping directly into the finishing r while in contact with the finishing r 1 1 1 1 1 1 t . C• 1 1 1 1 1 1 Vehicles dumping directly or indirectly into the finishing machine shall be so designed and equipped that unloading into the finishing machine can be mechanically and /or automatic- ally operated in such a manner that overloading the finishing machine being used cannot occur and the required lines and grades will be obtained without resorting to hand finishing. Asphaltic-concrete spreading and finishing machines shall be equipped with an approved Automatic dual longitudinal screed control system and a transverse screed control system unless otherwise noted on the plans or directed by the Engineer. The longitudinal controls shall be capable of operating from any longitudinal grade reference including a stringline, - ski, mobile stringline or matching shoe. The Contractor shall furnish all equipment required for grade reference. It shall be maintained in good operating condition by personnel trained in the use of this type of equipment. The equipment shall be such as to construct a finished surface within specified tolerances. (4) Motor Grader The motor grader, if used, shall be a self - propelled power motor grader. It shall be tight and in good operation condition and approved by the Engineer. (5) Pneumatic Tire Rollers - • The rollers shall be acceptable medium pneumatic tire rollers conforming to the requirements . of the Item, "Rolling (Pneumatic Tire)." Type B, unless otherwise specified on plans_ The tire pressure of each tire shall be adjusted as directed by the Engineer and this pressure • shall not vary by more than 5 pounds per square inch. (6) Two Axle Tandam Roller - _ • This roller shall be an acceptable power driven tandem roller weighing not less than 8 tons_ • (7) Three Wheel Roller This roller shall be an acceptable power driven three wheel roller weighing not less than 10 tons. (8) Three Axle Tandem Roller • This roller shall be an acceptable power driven three axle roller weighing less than 10 tons. (9) panch Roller . • This roller shall be an acceptable power driven trench roller equipped with sprinkler for keeping the wheels wet and adjustable road wheel so that the roller may be kept level during rolling. The drive wheel shall be not less than 20 inches wide. . The roller under working conditions shell produce 325 pounds per linear inch of roller width and be so geared that a speed of 1.8 miles per hour is obtained in low gear. (10) Straightedges and Templates . . - ' When directed by the Engineer, the Contractor shall provide acceptable 10 foot straight- edges for surface testing. Satisfactory templates shall be provided as required by the Engi- neer. (11) Equipment Maintenance , All equipment shall be maintained in good repair and operating condition and shall be approved by the Engineer. (12) Alternate Equipment When permitted by the Engineer in writing. equipment other than that specified which will consistently produce satisfactory results may he used. 340 -9 1 1 1 1 1 1 C 1 1 1 1 1 1 1 340.5 Stockpiling, Storage, Proportioning and Mixing (1) Stockpiling of Aggregates . Prior to stockpiling of aggregates, the area shall he cleaned of trash, weeds and grass and be • relatively smooth. Aggregates shall be stockpiled in such a manner as to prevent mixing of one aggregate with another. Coarse aggregates for Type "B" and Type '•C" shall he separated into at least two stockpiles of different gradation, such as a large coarse aggregate and a small coarse aggregate stockpile and such that the grading requirements of the speci- fied type will be met when the piles are combined in the asphaltic mixture_ No coarse aggregate stockpile shall contain more than 15 percent by weight of material that will pass a No. 10 sieve except as noted on the plans. Fine aggregate stockpiles may contain coarse _ aggregate in the amount of up to 20 percent by weight, however, the coarse aggregate shall meet the quality specified herein for "Coarse Aggregates." Suitable equipment of acceptable size shall be. furnished by the Contractor to work the stockpiles and p revent •segregation of the aggregates. (2) Storage and Heating of Asphaltic Materials • The asphaltic material storage shall be ample to meet the requirements of the plant. Asphalt shall not be heated to a temperature in excess of that specified in the Item, "Asphalts, Oils and Emulsions.' All equipment used in the storage and handling of asphaltic material shall be kept in a clean condition at all times and shall be operated in such manner that there will be no contamination with foreign.matter. (3) Feeding and Drying of Aggregate The feeding of various sizes of aggregate to the dryer shall be done through the cold aggre- gate bin and proportioning device in such a manner that a uniform and constant flow of materials in the required proportions will be maintained. When specified on the plans, the cold aggregate bins shall be charged by use of a clamshell, dragline, shovel or front end • loader. The aggregate shall be dried and heated to the temperature necessary to produce a mixture having the specified temperature. In no case shall the aggregate be introduced into the mixing unit at a temperature more than 400 °F. (4) Proportioning Thd proportioning of the various materials entering into the asphaltic mixture shall be as directed by the Engineer and in accordance with these specifications. The feedings of various sizes of aggregate to the dryer -drum mixer shall be done through the cold aggregate bin and feed system in such a manner that a uniform and constant flow of materials in the required proportions will be maintained. Aggregate shall be proportioned by weight using the weigh box and hatching scales herein specified when the weight -hatch type of plant is used and by volume using the hot aggregate proportioning device when the continuous mixer type of plant is used. The asphaltic material shall be proportioned by weight or by volume based on weight using the specified equipment. (5) Mixing : •'' (a) Batch Type Mixer ' . In the charging of the weigh box and in the charging of the mixer from the weigh box, such methods or devices shall be used as are necessary to secure a uniform asphaltic mixture. In introducing the batch into the mixer, all mineral aggregate shall be intro- duced first; shall be mixed thorzughly for a period of 5 to 20 seconds, as directed, to uniformly distribute the various sizes throughout. the batch before the asphaltic ma- terial is added; the asphaltic material shall then be added and the mixing continued for a total mixing period of not less than 30 seconds. This mixing period may be in- creased, if, in the opinion of the Engineer, the mixture is not uniform. (b) Continuous Type Mixer The amount of aggregate and asphaltic - • Aril entering the mixer and the rate of • travel through the mixer. shall be so coordinated that a uniform mixture of the speci- fied grading and asphalt content will be produced. The differential in temperature of the aggregates and the asphalt as they enter the pug mixer shall not. exceed 25 °F. Checks on the asphalt used shall be made at Least twice daily by comparing the asphalt used in ten loads of completed mix as shown on the asphalt recording meter and the design amount for these ten loads. The acceptable percent of variation between the asphalt used and the design amount will be as shown on the plans or as determined by the Engineer. (c) Dryer - Drum Mixer The amount of aggregate and asphaltic materials entering the dryer -drum mixer and ,the rate of travel through the mixing unit shall be so coordinated that a uniform mixture of the specified grading and asphalt content will be produced. (d) Produced Mixture ' The mixture produced from each type of mixer shall not vary from the specified mix tare by more than the tolerances herein specified. (e) Asphaltic Mixture . The asphaltic mixture from each type of mixer shall be a temperature between 225 °F and 350 °F when discharged from the mixer -The Engineer will determine the tempera- ture, within the above limitations, and the mixture when discharged from the mixer shall not vary from this selected temperature more than 25°F. • (f) Temporary, Storing Temporary storing or holding of the asphaltic mixture by the surge - storage system may be used during the normal day's operation. Overnight storage will not be per- mitted unless authorized in the plans or in viriting by the Engineer. The mixture com- ing out of the surge - storage bin must be of equal quality to that corning out of the mixer. The mixture when discharged from the plant shall have a moisture content not greater than 3% by weight unless otherwise permitted by the Engineer. The moisture content shall be determined in accordance with Test Method Tex - 103 -E. 340.6 Fonstruction Methods • The prime coat; tack. coat or the asphaltic mixture when placed with a spreading and finishing machine, shaU not be placed when the air temperature is below 60 °F and is falling, but it may be placed when the air temperature is above 50 °F and is rising. The air temperature shall be taken in the shade away from artificial heat. It is further provided that the prime coat, tack coat or asphaltic mixture shall be placed only when the humidity, general weather conditions and temperature and moisture condition of the base, in the opinion of the Engineer, are suitable. - If the temperature of the asphaltic mixture of a load or any part of a load becomes 50'F or more Less than the temperature selected by the Engineer under strbarticle 340.5(5) of this specification after being dumped from the mixer and prior to placing while passing through the lay -down machine, all or any part of the load may be rejected and payment will not be made for the rejected material. - (1) Prime Coat t - If a prime coat is required, it shall be applied and paid for as a separate item conforming to the requirements of the Item, "Prime Coat," except the application temperature shall be as provided above. The tack coat or asphaltic concrete shall not be applied on a previously primed flexible base until the primed base has completely cured to the satisfaction of the Engineer. - (2) Tack Coat Before the asphaltic mixture is laid, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satisfaction of the Engineer. The surface shall be given a o4n 1, 1 1 '. 1 1 1 1 1 1 1� 1 1 1 1 1 1 1 1 , uniform application of tack coat using asphaltic materials of this specification. This tack ' coat shall be applied, as directed by the Engineer, with an approved sprayer at. a rate not to exceed 0.05 gallons per square yard of surface. Where the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements' for tack coat.. The tack coat shall be rolled with a pneumatic tire roller when directed by the Engineer. - (3) Transporting Asphaltic Concrete • The asphaltic mixture, prepared as specified above,. shall be hauled to the work in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during daylight hours. In cool weather or for long hauls, canvas covers and insulating of the truck bodies may be required. The inside of the truck body may be given a light coating of oil. Lime slurry or other material satisfactory to the Engineer, if necessary, to prevent mixture from adhering to the body. (4) Placing (a) Generally the asphaltic mixture shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine, in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will meet the requirements of the typical cross sections and the surface tests. During the application of asphaltic material, care shall be taken to prevent splattering of adjacent pavement, curb and gutter and structures. When automatic screed controls for asphaltic concrete spreading and finishing ' machines are required, the grade reference used by the Contractor may be of any type approved by the Engineer. Control points if required by the plans or Engineer will be established for the finished profile by the Engineer. These points will be set on both sides of the course being laid, when necessary, at intervals not to exceed 50 feet: The Contractor shall set the grade reference for the sensor of the automatic control to - follow from the control points established by the Engineer and the grade reference o shall have sufficient support so that the maximum deflection shall not exceed 1/16 inch per 25 feet. (b) In placing a level -up course with the spreading and finishing machine, binder. twine or • 'cord shall be set to line and grade established by the Engineer. When directed by the Engineer, level -up courses shall be spread with the specified motor grader. (c) When the asphaltic mixture is placed in a narrow strip along the edge of an existing pavement, or used to level up small areas of an existing pavement or placed in small irregular areas where the use of a finishing machine is not practical, the * finishing machine may be eliminated when authorized by the •Engineer, provided a satisfactory surface can be obtained by other approved methods. . (d) Flush Structures , • , Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted it will be slightly above the edge of the curb and flush structure. (5) Compacting (a) As directed by the Engineer, the pavement shall be compressed thoroughly and uni- formly to the required density. (b) Rolling with the three wheel and tandem rollers shall start longitudinally at, the sides and proceed toward the center of the pavement, overlapping on successive trips by at. least • half the width of the rear wheel unless othenviss directed by the Engineer. Alternate Print of rfin rrOlor 0,111 Lo , l:r.l,N,. .,t, n_ _.. _,, • • .. • 1 1 1 1 1 1 1 1 1 1 t 1 1 . by the Engineer. Rolling with pneumatic -tire roller shall be done as directed by the Engineer. Polling shall be continued until no further compression can be obtained and all roller marks are eliminated. If the Contractor elects, he may su',,stitute the three axle tandem roller for the two axle tandem roller and /or the three wheel roller; but in no case shall less than two rollers be in use on each job. Additional rollers shall be provided if needed. The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall loe corrected • at once by the use of rakes and of fresh mixtures where required. The roller shall not be allowed to stand on pavement which has not been fully_ compacted. To prevent adhesion of the surface mixture to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical .condition. Necessary precautions shall be taken to prevent the droping of gasoline, oil, grease or other foreign matter on the pavement, either when the rollers are in operation or when standing. In lieu of the tolling equipment specified, the Contractor may, upon written permission from the Engineer. operate other compacting equipment that will produce equivalent relative compaction as the specified equipment. If the substituted com- paction equipment fails to produce the desired compaction as would be expected of the specified equipment, as determined by the Engineer, its use shall be discontinued_ (e) In Place Density • - • • It is the intent of this specification that. the material be placed and compacted to 95 percent of the density developed in the laboratory test and determined by Test Method Tex- 207 -F. The Contractor shall furnish the Engineer with field specimens for each 2,000 square yards or part thereof, of asphaltic concrete pavement placed and shall also patch the surface where the specimen is taken with no extra payment being made for this work. The Engineer will specify the location where the specimen will be taken and the Contractor shall remove the specimen on the day following placement of the asphaltic concrete pavement. The field specimens utilized for the in place density testing may be either cores or sections of asphaltic pavement. Other methods of determining in place density which correlate satisfactorily with those results obtained through use of the test method Tex -207 -F may be used. In place density tests are intended for compaction contiol tests. If the in place density of the mixture produced has a value lower than that specified and in the - opinion of the Engineer is not due to a change in the quality of the material, production may pro- ceed with subsequent changes in the mix and /or construction operations until the in place density equals or exceeds the specified density. . (d) 1-land Tamping The edge's of the•pavement along curbs, headers and similar structures, and all places not accessible to the roller, or in such positions as will not allow thorough compaction with the rollers, shall be thoroughly compacted with lightly oiled tamps. (e) Rolling with the trench type roller will be required on widening areas in trenches and other limited areas where satisfactory compaction cannot be obtained with the roller specified or approved. (6) Surface Tests • The surface of the pavement. after compression, shall be smooth and true to the establisher line, grade and cross section, and when tested with a 10 foot straightedge placed parallel tc the centerline of the roadway or tested by other equivalent and acceptable means, except a: provided herein, the maximum deviation .hall not exceed 1/8 inch in 10 feet, and any poin- in the surface not meeting this requirement shall he corrected as directed by the Engineer The completed surface shall meet the approval of the Engineer for riding surface finish am appearance. 340 -1: 1 1 1 1 1 1 1 1 1 1 ( Opening to Traffic 340.7 Measurement The pavement shall be opened to traffic when directed by the Engineer. The Contractor': attention is directed to the fact that all construction traffic allowed on paverier-t open to the public will be subject to the City Ordinances and State Laws governing traffic on street: and highways. Surface raveling, cracking and other defects shall be corrected at the Contractor'; expense a directed by the Engineer. - Asphaltic concrete pavement will be measured by the square yard of the specified thicknes. of the type actually used in the completed and accepted work in accordance with. the p.�ri t. and specifications. The specified thinckness shall be 1 ", • 340.8 Payment (1) The work performed and materials furnished as prescribed, by this item ' vided under " Ttlensurement" will be paid for at the unit prices bid for "d measured as pro' Pavement," of the types specified, which prices shall . be full compensationforC furnishing all materials, freight involved; for all heating, miring, hauling, cleaning the existing, base • course or pavement, placing asphaltic concrete mixture, rolling and finishing lations, labor, tools; equipment and incidentals necessary t for ,all maniau- ry to corn prime coat and /or tack coat whet! required. ? e fire ihcl uclifi "9