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R-86-864 - 5/22/1986ATTEST: That the bid of RESOLUTION NO. AL--/II WHEREAS, the City has duly advertised for bids for the demolition and reconstruction of Oakridge Brid e, and WHEREAS, submitted the lowest and best bid, and HEREAS, the Council wishes to accept the bid of , and to authorize the execution of the necessary documents, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF T CITY OF ROUND ROCK, TEXAS accepted as the lowest and best bid, and the Mayor is thorized and directed to enter into an agreement with - 4 ( for the demolition and reconstruction of Oakridge Bridge. RESOLVED this day of May, 1986. /2,1‘,„ MIKE ROBINSON, Mayor City of Round Rock, Texas is hereby • "Mtu 3!•, te, THE OAKRIDGE DRIVE BOX CULVERTS ROUND ROCK, TEXAS CONTRACT DOCUMENTS AND SPECIFICATIONS Project No. 103 -717 Bids will be received at the City of Round Rock, 214 E. Main Street, Round Rock, Texas 78664 until 2:30 p.m., Tuesday, May 6, 1986. Haynie & Kallman Inc. CONSULTING ENGINEERS 1106 South Maya Round Rock, Texas 78664 (512) 255 -7861 TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL & BIDDING SHEETS AGREEMENT BID BOND PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE MAINTENANCE BOND INFORMATION REQUIRED OF LOW BIDDER GENERAL CONDITIONS OF AGREEMENT SPECIAL CONDITIONS OF AGREEMENT TECHNICAL SPECIFICATIONS BASIS OF MEASUREMENT AND PAYMENT SOILS REPORT iovrp NOTICE TO CONTRACTORS FROM THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF THE OAKRIDGE DRIVE BOX CULVERTS Sealed bids, in envelopes addressed to The City of Round Rock, 214 East Main Street, Round Rock, Texas 78664 will be received at the above mentioned address until 2:30 p.m., Tuesday, May 6, 1986, and then publicly opened and read, for furnishing all labor, material and equipment and performing all work required for the construction of the Oakridge Drive Box Culverts, Round Rock, Texas. Bids will be submitted in sealed envelopes for each Contract on the proposal furnished, and marked in the upper left hand corner "Bid for the Oakridge Drive Box Culverts to be opened at 2:30 p.m., Tuesday. May 6, 1986." All proposals shall be accompanied by a cashier's certified check upon a national or state bank in the amount of five (5) percent 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 bidder will enter into a contract and execute performance bond within ten (10) days after notice of award of contract to him. The notice of award of contract shall be given by the Owner within thirty (30) days after the bid opening. The bid security must be enclosed in the same envelope with the bid. Bids without check or bid bond will not be considered. All bid securities will be returned to the respective bidders within twenty —five (25) days after bids are opened, except those which the Owner elects to hold until the successful bidder has executed the contract. Thereafter all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. The successful bidder must furnish performance bond and payment bond in the amount of one hundred (100) percent of the contract price from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. The right is reserved, as the interest of the Owner may require, to reject any and all bids, and to waive any informality in bids received. Page 1 of 2 Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie & Kallman, Inc., after April 22, 1986, on deposit of fifty dollars ($50.00) per set, which sum so deposited will be refunded provided that all documents are returned in good condition to the Engineer not later than five (5) days after the time that bids are received. Upon request, plans, specifications and bidding documents will be sent via bus or overnight delivery service (i.e. Federal Express, etc.) at the requestor's expense. Plans and specifications may be examined at the office of the Engineer, Haynie & Kallman, Inc., 1106 South Mays, Round Rock, Texas. Bidders should carefully examine the Plans, Specifications and other documents, visit the site of work, and fully inform themselves as to all conditions and matters which can in any way effect the work or the cost hereof. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other documents, or should be in doubt as to their meaning, he should notify the Engineer, Haynie & Kallman, Inc. and obtain clarification prior to submitting any bid. The improvements shall be completed within 80 calendar days after Notice to Proceed from the Owner. Page 2 of 2 PROPOSAL and shall be identified as follows: RETURN OF PROPOSAL GUARANTEES INSTRUCTIONS TO BIDDERS The proposal shall be submitted on the bidding forms which are included herein, and shall be enclosed in a sealed envelope addressed to: The City of Round Rock 214 East Main Street Round Rock, Texas 78664 "BID FOR THE OARRIDGE DRIVE BOX CULVERTS to be opened at 2:30 p.m., Tuesday, May 6, 1986." A proposal will not be accepted unless prepared on the bidding form provided. The sealed proposals will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present. Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without addition, alterations or erasures. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to. but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the Owner. DISQUALIFICATION OF BIDDERS More than one proposal from an individual, firm, partnership, corporation or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. Within twenty —five (25) days after an award of the Contract, the Owner will return the proposal guarantees accompanying each of the proposals as are not considered in making the award. All other proposal guarantees will be held until the Contract has been finally executed. They will then be returned to the respective bidders whose proposals they accompany. Page 1 of 3 a AWARD OF CONTRACT - RESERVATION OF RIGHTS Contracts, if awarded, will be awarded to responsible bidders whose proposals comply with all the requirements prescribed. Awards, if made, will be made within sixty (60) calendar days after the opening of the proposals. The Owner reserves the right to reject any or all bid proposals, to accept the lowest responsible bidder's proposal, and to waive any informality in any proposal. EXECUTION OF CONTRACT A bidder to whom award is made shall execute a written contract with the Owner on the form of agreement provided. Failure or refusal to enter into a contract as herein provided, or to confcrm to any of the stipulated requirements in connection therewith shall be a just cause for the annulment of the award. If the successful bidder refuses or fails to execute the Contract, the Owner may award the Contract to second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the Contract, the Owner may award the Contract to the third lowest responsible bidder. On the failure or refusal of such second and third lowest responsible bidder to execute the Contract, the work may be re- advertised. PROPOSAL GUARANTEE Each proposal shall be accompanied by a certified or cashier's check or bid bond in the amount of not less than 5% of the amount named in the proposal. Said check or bond shall be made payable to the Owner and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) days after the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter into said contract, the check or bond as the case may be, shall be forfeited to the Owner. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the Owner, which is bound herein, and is properly filled out and executed. PROPOSAL SIGNATURE If the proposal is made by an individual, it shall be signed and his full name and his address shall be given; if it is made by a firm it shall be signed with the co- partnership name by a member of the firm, who shall sign his own name, and the name and address of each member shall be given; and if it is made by a corporation the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. COMPETENCY OF BIDDERS In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of Page 2 of 3 the bidder for the performance of the work covered by the proposal. To this end each proposal shall be supported by a statement of the bidder's experience, on the form entitled "Information Required of Low Bidder ", bound herein. BIDDER'S EXAMINATION OE SITE Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to be furnished and as to the requirements of the Contract, Specifications and Drawings. ADDENDA Bidders desiring further information, or interpretation of the Plans or Specifications must make request for such information in writing to Engineer, prior to 48 -hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum form, and all Addenda will be bound with, and made a part of, the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Plans, Specifications or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer in order that a written Addendum may be sent to all bidders. Any Addenda issued prior to twenty -four (24) hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submission of the proposal on this work. the proposal as submitted by the contractor will be so constructed as to include any Addenda if such are issued by the Engineer prior to twenty -four (24) hours of the opening of bids. Page 3 of 3 i I I I 1 I I I I I 1 I PROPOSAL TO 1 THE CITY OF ROUND ROCK/ FOR THE CONSTRUCTION OF THE OAKRIDGE DRIVE BOX CULVERTS IN ROUND ROCK. TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Contractors, inviting bids, conditions and classes of. materials of the proposed work; and agrees that he will provide all the necessary labor, machinery tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specification in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work. whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the Specifications. It is further agreed that lump sum prices maybe increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased •to cover deletion of work so ordered. It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (7) days after written Notice to Proceed has been given. ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the foregoing bid items are the only items of payment under this contract and that his bid price under these Page 1 of 6 F ^ p I I I I I I I items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the plans, specifications, and contra4 documents. KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS The undersigned warrants that he has examined the location of the proposed work, the plan drawings, specifications, and all other parts of the Contract Documents, and is familiar with the local conditions at the place where the work is to be performed. CONTRACT TIME If awarded the Contract, the undersigned agrees to complete the work within eighty (80) calendar days after Notice to Proceed from Owner. OWNER'S RIGHTS RESERVED The undersigned understands and agrees that the Owner reserves the right to reject any or all Proposals or to waive any informalities of technicalities in any proposal in the interest of the Owner, except as specifically limited by the terms of the Contract Documents or applicable Laws or Governmental Regulations. ADDENDA The undersigned acknowledges receipt of the following addenda: Addendum No. Date Page 2 of 6 r I I I I I I SUBMISSION OF TEE PROPOSAL In9accordance with the Contract Documents, the above Proposal is hereby respectfully submitted by: AVS-rIN RoAD Com Name of Contractor Date Execut!. by (,dignature) 4B & ANob-,a L/V Business- Address AusriN rii9 725? 7.S City County State Zip (Seal if Bid is by a Corporation) ATTEST: Page 3 of 6 MAY 1986, 1//CE sae. Title or Position 8z6- 7/46) Telephone Number I I I I I Gentlemen: 2 1 PROPOSAL BIDDING SHEET CONTRACT: BOX CULVERTS JOB NAME: THE OAKRIDGE DRIVE BOX CULVERTS JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS OWNER: THE CITY OF ROUND ROCK Pursuant to the foregoing Advertisement for Bids and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendance, labor, machinery equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of The Oakridge Drive Box Culverts. and binds himself on acceptance of this proposal to execute a contract and bound for completing said project within the time stated for the following prices, to —wit: Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1 L.S. 10 — 10'X8' Concrete Box Culverts, including Aprons and Wingwalls, complete in place, per lump sum 7Ait h °^ f o r TH/RY £/ w THDosmob Dollars /34olo p o° and /N/h Cents $ $ I3D/Pt 48 L.E. 5' Concrete Retaining Wall, complete in place, per linear foot for G /4 r Y Dollars co ./ " and /1lo Cents $ R0 $ EiB7 3 312 S.Y. Concrete Approach Slab, complete in place, per square yard for and Air) Page 4 of 6 Dollars °° ' ` 0 Cents $ Zo $ kr 27 W I I I I I I I I I I, Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 455 S.Y. 4" Concrete Sidewalk. complete in Amount place, per square yard for '7" EA) Dollars pp a `0 and /VG Cents $ / $ lO/DZ 5 955 S.Y. 2" H.M.A.C., complete in place, per square yard for f D; clg Dollars !,..,12 o22 and /�/p Cents $ $ 3,�jZ0 6 1,267 S.Y. 10" Flexible Base, complete in place. per square yard for S/7 Dollars / o� •6 and /`(0 Cents $ (O $ �QZ 7 166 S.Y. 6" Concrete Rip —Rap for Slope protection. complete in place, per square yard for /i/ /, T)" d� Dollars i 4 6 / 0 M and No Cents $ .5,,L $ 5,k 8 1 EA. Concrete Valley Gutter, complete in place, per each for Jcn1O / /tOt ' A)b Dollars _, and All, Cents $ ,100 $ ' 9DO " 9 330 L.E. Steel Pipe Handrail, complete in place, per linear foot for S/ 7'EEiJ Dollars ■ o_ oe and A/o Cents $ /6v $ .5280 10 527 L.F. Standard Curb and Gutter, complete in place, per linear foot for cl V E Dollars and A/p Cents $ S 0_11- $ ziz 3 5 °o 11 35 S.Y. Concrete Driveway, complete in place, per square yard for T R 7 Y ) o� m Dollars 4190— and pa p Cents $ , ) $ Page 5 of 6 i 1 I I I. I I El I I1 Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 12 1 . EA Handicap Ramp, complete in place, per each for c;i2 rr Dollars /'L/ e and A40 Cents $ T d a 13 2 EA Flood Gauge Marker, complete in place, per each for and TOTAL BID (ITEMS 1 — 15) D NS ft A/ Al Amount Dollars a s a o Cents $ /6(2 $ 20O 14 751 C.Y. Unclassified Street and Channel Excavation. including removal of existing structure and construction of engineered fill, complete in place, per cubic yard for / v./C/U 7 Dollars o ° o° and Cents $ ZO $ iS / DZO 15 3,500 S.Y. Hydromulching, complete in place, per square yard for A/o Dollars Z 0 o_ and �� ENT� Cents $ Q $ 700 Page 6 of 6 $ / 99,036 °` THE STATE OF TEXAS COUNTY OF § AGREEMENT THIS AGREEMENT, made and entered into this Z 8 +h day of MAK , 19$0, A.D. by and between THE CITY OF ROUND ROCK of the City of Round Rock , the County of Williamson , and the State of Texas, acting through thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and AUSTIN ROAD COMPANY of the City of Austin County of Travis and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: OAKRIDGE DRIVE BOX CULVERTS ROUND ROCK, TEXAS further described as the work covered by this specification consists of furnishing all labor, equipment, appliances, and materials, and performing all operations in connection with the excavation, installation of pipe lines and appurtenances, backfilling and compaction of trenches complete in accordance with the Plans, and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General Conditions Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by HAYNIE & KALLMAN, INC., 1106 South Mays, Round Rock. Texas 78664, herein entitled the ENGINEER, each of which had been identified by the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof and collectively evidence and constitute the entire contract. Page 1 of 2 May 30, 1986 Mr. William Neese Austin Road Company 428 East Anderson Lane Austin, Texas 78752 PROJECT: Oakridge Drive Box Culverts — Round Rock Dear Mr. Neese: NOTICE TO PROCEED You are hereby notified to commence work in accordance with the Agreement dated May 28, 1986, on or before June 2, 1986 and you are to complete the work within 80 consecutive calendar days thereafter. The date of completion of all work is therefore August 20, 1986. HAYNIE & KALLMAN, INC. on behalf of THE CITY OF ROUND ROCK A. William Waeltz, Proje AUSTIN ROAD COMPANY Manager ACCEPTANCE OF NOTICE Receipt of the above NOTIC TO PROCEED is hereby a knowledged by AUSTIN ROAD COMPANY, this the / . ? jC7 day of , 1986. The CONTRACTOR hereby agrees to commence work within seven (7) days after the date written notice to do so shall have been given to him, and to complete the same within Eighty (80) calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF. the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK AUSTIN ROAD COMPANY Party of the First Part Party of the Second Part (OWNER) (CONTRACTOR) By: ;44/1 By: ATTEST: I, (Corporate Seal) El3f 5A41-11 ATTEST: L,L i / . following to be executed if the Contractor is a Corporation). Secretary of the Corporation named as Contractor herein; that �L 'y , who signed this Contract on behalf of the Contractor was then y V'P (OYIe+2r.CC7 (official title) of said Corporation, that said Contract was duly signed for and on behalf of said Corporation by authority of its governing body. and is within the scope of its corporate powers. Signed: Page 2 of 2 , certify that I an the 1 British American Insurance Company 2949 STEMMONS / DALLAS, TEXAS USA 75221 / (214 - 630 -5100) 1 BID BOND L ond No. D - 9005 Amount $ 5% GAB ' Know All Men By These Presents, • That we, AUSTIN ROAD COMPANY ' (hereinafter called the "Principal "), I s Principal, and the BRITISH AMERICAN INSURANCE COMPANY, 2949 Stemmons Freeway, Dallas, Texas, a orporation duly organized under the laws of the State of Texas, (hereinafter called the "Surety "), as Surety, are eld and firmly bound unto THE CITY OF. ROUND ROCK �n the sum of Five Percent Greatest Amount Bid Dollar; 58 GAB ), for the payment of which sum, well and truly to be made, we, the said Principal and the id Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly y these presents. 1 ealed with our seals and dated this sixth day of May A. D. nineteen hundred and eighty —six 1 tor 1 1 1 1 WHEREAS, the Principal has submitted a bid, dated 'MS-176 (Rev. 2.801 OAK RIDGE DRIVE BOX CULVERTS . NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a ntract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faith- ful performance of such contract, or in the event of the:failure of the Principal to enter into such contract and give m Bich bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the ount specified in said bid and the amount for which the Obligee may legally contract with another party to per- form the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null I nd void, otherwise to remain in full force and effect. (hereinafter called the "Obligee'), May 6 ,19 86• JEANNIE JENSEN Attorney-in _Fa t 11 11 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BRITISH AMERICAN INSURANCE COMPANY CORPORATE HEADQUARTERS, DALLAS, TEXAS ( POWER OF ATTORNEY No A4 KNOW ALL MEN BY THESE PRESENTS: That BRITISH AMERICAN INSURANCE COMPANY,1 corporation duly organized and existing under the laws of thC e State of Texas, does hereby make, constitute and appoint Robert C. Fricke, Robert C. Siddons, Steven B. Siddons,Betty Turner, JeannieJensen, and Elaine Windom of Austin, Texas, its true and lawful Attorney(s)-in-Fact with full power and authority to execute, acknowledge and deliver on its behalf any and all Surety Bonds, consents of surety, consents to modifications of surety contracts as may be required in ordinary course of business, on behalf of Austin lndustries, Inc., Austin Bridge Co., Austin Road Co., Austin Industrial, Inc., Austin Paving Co., Rhino Products, Inc., Coastal Construction Co., Austin Power, Inc., Austin Commercial, Inc., Coastal Industrial Constructors, Inc., National Valve & Manufacturing Co. (NAVCO), and Austin Construction Equipment, and to bind BRITISH AMERICAN INSURANCE COMPANY thereby as fully and to the same extent as if such bonds were the President At o AMERICAN INSURANCE COMPANY, as Surety, and duly attested by its Secretary, pursuant to the authority herein given, are hereby ratified and confirmed. The appointment is made under the authority of the following resolution, adopted by the Executive Committee of the Board of Directors of BRITISH AMERICAN INSURANCE COMPANY at a meeting held on the 25th day of March 1980. "RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in -Fact to represent and act for and on behalf of the Company subject to the following provisions: 1. Attorney -in -Fact may be given full power and authority as outlined in the Power of Attorney for and in the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and surety bonds and other bonds, consents of surety, consents to modifications of surety contracts as may be requ in the ordinary course of business, all notices and documents cancelling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. 2. The facsimile signatures of the officers and the seal of the Company shall be valid and binding upon the Company in the execution, attestation and sealing of any instrument appointing an Attorney -in- Fact." In Witness Whereof, British American Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 1st day of September, 1982. BRITISH AMERICAN INSURANCE COMPANY By State of Texas Attest County of Dallas Secretary On this 1st day of September, 1982, before me personally came George E. Dawkins to me known, who, being by me duly sworn, did depose and say, that he resides in Dallas, Texas; that he is Secretary of British American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Executive Committee of the Board of Directors of said Company. ( CERTIFICATE -Lia&it.) Notary Public I K. B. Kennedy , Assistant Secretary of BRITISH AMERICAN INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company, which is still in force and effect; and, furthermore, the resolution of the Executive Committee of the Board of Directors, as set forth in the Power of Attorney, is now in force. SIGNED and sealed at Dallas, Texas. this 6 day of us-101 (3.85) May 1 986 Assistant Secretary • • r • r t 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF Travis § PERFORMANCE BOND § PB -1 KNOW ALL MEN BY THESE PRESENTS, THAT Austin Road Company of the City of Austin ' County of Travis and State of Texas ,as principal. and British Amercian Insurance Company authorised under the laws of the State of Texas to act as surety on bonds for principals. are held and firmly bound unto THE CITY OF ROUND ROCK (OWNER), in the penal sum of One Hundred Ninety Nine Thousand Thirty Six & 00 /100 Dollars ($ 199,036.00 ) for the payment whereof; the said Principal and Surety bind themselves, and their heirs. administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 20th day of May . 19 86 . to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications thereto annexed. then this obligation shall be void; otherwise to remain in full force and effect; • • • 0 • 0 0 1 • 0 0 0 0 1 1 1 1 1 By St-0e M M 'Title Title Jeannie Jensen atty -in -fact A PROVIDED, HOWEVER. that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change. extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change. extension of time, alteration or addition'to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this the 20th day of May . 19 86 Austin Road Company British American Insurance Company Principal S ety Address 428 Anderson Lane Austin. Texas 78752 Address ' P. O. BOX 1590 Dallas, Texas 75221 The name and address of the Resident Agent of Surety is: Frank Siddons Insurance, P.O. BOX 2125. Austin. Texas 78768 PB -2 1 1 1 1 ' 1 1 1 1 1 THE STATE OF TEXAS § COUNTY OF Travis KNOW ALL MEN BY THESE PRESENT'_', THAT Austin Road Company of the City of Austin PAYMENT BOND ,County of Travis State of Texas as principal, and British American Insurance Company NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor 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; . and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK (OWNER), in the penal sum of ONE HUNDRED NINETY NINE THOUSAND THIRTY SIX AND NO /100 DOLLARS ($ 199,036.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs. administrators, executors, successors and assigns. jointly and severally. by these presents: • • WHEREAS. the Principal has entered into a certain written contract with the Owner. dated the 20th day of May 19 86 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same. shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time. alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20th day of May . 1 86 1 Austin Road Company British American Insurance Company Principal • BY Title 1 1 1 1 1 1 1 Title PB -4 Address 428 Anderson Lane Address P.O. BOX 1590 Austin, Texas 78752 Dallas, Texas 75221 1 0 The name and address of the Resident Agent of Surety is: Frank Siddons Insurance, P.O. BOX 2125, Austin, Texas 78768 Jeannie Jensen atty -in -fact • State of Texas County of Dallas M8.191 (842) BRITISH AMERICAN INSURANCE COMPANY CORPORATE HEADQUARTERS, DALLAS, TEXAS ( POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That BRITISH AMERICAN INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Texas, does hereby make, constitute and appoint Robert C. Fricke, Robert C. Siddons, Steven B. Siddons, Betty Turner, and Jeannie Van Bibber of Austin, Texas, its true and lawful Attorney(s) -in -Fact with full power and authority to execute, acknowledge and deliver on its behalf any and all Surety Bonds, consents of surety, consents to modifications of surety contracts as may be required in ordinary course of business, on behalf of Austin Industries, Inc., Austin Bridge Co., Austin Road Co., Austin Paving Co., Rhino Products, Inc., Coastal Construction Co., Austin Power, Inc., Austin Commercial, Inc., Coastal Industrial Construc- tors, Inc., and Austin Construction Equipment, and to bind BRITISH AMERICAN INSURANCE COMPANY thereby as fully and to the same extent -as if such bonds were signed by the President of BRITISH AMERICAN INSURANCE COMPANY, as Surety, and duly attested by its Secretary, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. The appointment is made under the authority of the following resolution, adopted by the Executive Committee of the Board of Directors of BRITISH AMERICAN INSURANCE COMPANY at a meeting held on the 25th day of March 1980. "RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: 1. Attorney -in -Fact may be given full power and authority as outlined in the Power of Attorney for and in the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and surety bonds and other bonds, consents of surety, consents to modifications of surety contracts as may be required in the ordinary course of business, all notices and documents cancelling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. 2. The facsimile signatures of the officers and the seal of the Company shall be valid and binding upon the Company in the execution, attestation and sealing of any instrument appointing an Attorney -in- Fact." In Witness Whereof, BrttIeh American Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 1st day of September, 1982. BRITISH AMERICAN INSURANCE COMPANY By Attest President • Secretary ( CERTIFICATE No. A-4 On this 1st day of September, 1982, before me personally came George E. Dawkins to me known, who, being by me duly sworn, did depose and say, that he resides in Dallas, Texas; that he is Secretary of British American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instru- ment is such corporate seal; that it was so affixed by order of the Executive Committee of the Board of Directors of said Company. Notary Public 1 K. B. Kennedy , Assistant Secretary of BRITISH AMERICAN INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company, which is still in force and effect; and, furthermore, the resolution of the Executive Committee of the Board of Directors, as set forth in the Power of Att_ia now in for SIGNED and sealed at Dallas, Texas, this _ of \\ Assistant Secretary 1 1 1 1 1 1 1 1 The is to ceniy to r L_ that policies of Insurance as described below have been issued and are in force. Name and Address of Insured: LOCATION AND DESCRIPTION OR WORK. TEXAS —ALL OPERATIONS OF THE INSURED Construction and construction - related activities on OAKRTnCF nRTVF Box CULVPRTS 1 COVERAGE 1 Workmen's Compensation Coverage B— Employer's Liability WC -63000 1 General Liability Automobile Liability 1 1 1 1 1 1 1 1 1 1 1 1 THE CIT ROUND RO CK, PS-16510-84) CERTIFICATE OF INSURANCE Y OF J ROUND ROCK TX Austin Road Company, 428 East Anderson Lane, Austin, Texas 78752 OTHER COVERAGE Dated at Dallas Texas BRITISH AMERICAN INSURANCE COMPANY POLICY NUMBER EXPIRATION LIMITS OF LIABILITY WC -63000 1 -1 -87 Statutory In Conformance with the Compensation Laws of All States CGL -63000 1 -1 -87 CAL -63000 1 -1 -87 Workmen's Compensation Includes The Following Coverages: A. Coverage for U.S. Longshoremen & Harborworkers Act B. Coverage for the Jones Act C. Outer continental shelf endt. General Liability Includes The Following Coverages: 1. Premises— Operations 2. Independent Contractors 3. Contractual Coverage for all written contracts 4. Property damage Liability arising out of the "XCU" hazards 5. Completed Operations— Products 6. Broad Form Property Damage 7. Watercraft Liability Automobile Liability Includes The Following Coverages: 1. All owned vehicles 2. Employer's Non - ownership Liability 3. Hired Automobiles POLICY NUMBER EXPIRATION $100,000 each occurrence $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit LIMITS OF LIABILITY This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the Policy(s) described. In the event of any material change in or cancellation of the policies, the companies named herein will give 30 days prior written notice of such change or cancellation to the party to whom this certificate is addressed. J By `/ �� e a n A... zed • �1../I THE STATE OF TEXAS § COUNTY OF § MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we as Principal, and a Corporation duly organized under the laws of the State of as Surety, are held and firmly bound unto as Obligee, in the penal sum of to which payment will and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has constructed MB -1 Bond No. ($ ) WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of one year after approval by against all defects in workmanship and materials which may become apparent during said period; NOW, THEREFORE. THE CONDITION OF THE OBLIGATION IS SUCH, that if said Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the Owner, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said principal and Surety have signed and sealed this instrument this day of , 1986. Principal Surety By By Title Title Address Address The name and address of the Resident Agent of Surety is: MB -2 The low bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name (2) Address (3) Phone Number (5) INFORMATION REQUIRED OF LOW BIDDER (4) Type of firm: ( ) Individual, ( ) Partnership, ( ) Corporation Corporation organized under the laws of the State of (6) List the names and address of all members of the firm or names and titles of all officers of the corporation: (7) Number of years experience (8) List a least three (3) projects completed as of recent date: Contract Amount /Class of Work /Date Completed /Name and Address of Owner (10) Payment of taxes, in the State of Yes No (11) If requested by the Owner, the Low Bidder shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial conditions. Page 1 of 1 GENERAL CONDITIONS OF AGREEMENT GENERAL CONDITIONS OF TEE AGREEMENT CONTENTS Page 1. DEFINITIONS 1 2. GENERAL PROVISIONS 2 2.01 Engineer's Status and Authority 2 2.02 Right of engineer to Modify Methods and Equipment 3 2.03 Changes and Alterations 3 2.04 Damages 4 2.05 Losses from Natural Causes 4 2.06 Laws and Ordinances 4 2.07 Licenses. Permits. and Certificates 4 2.08 Royalties and Patents 4 2.09 Keeping of Plans and Specifications Accessible 4 2.10 Discrepancies and Omissions 4 2.11 Contractor's Understanding 5 2.12 Extra Work 5 2.13 Payment for Extra Work 5 2.14 Assignment and Subletting 6 2.15 Subcontractors 6 2.16 Owner's Status 7 2.17 Completed Portions of Work 7 2.18 Materials 7 2.19 Receiving and Storage of Materials 7 2.20 "Or Equal" Clause 7 2.21 Completed Work 7 2.22 Materials Furnished by the Owner 7 2.23 Protection of Property 8 2.24 Shelters for Workmen and Materials 8 2.25 Sanitary Facilities 8 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 8 3.01 Labor, Equipment. Materials and Construction Plant 8 3.02 Performance and Payment Bonds 8 3.03 Contractor's Ability to Perform 9 3.04 Superintendence and Inspection 9 3.05 Character of Employees 9 3.06 Contractor's Duty to Protect Persons and Property 10 3.07 Safety Codes 10 3.08 Barricades 10 3.09 Minimum Wages 10 3.10 Unsuitable Work or Materials 10 3.11 No Waiver of Contractor's Obligation 11 3.12 Site Clean Up 11 3.13 Guarantee 11 (CONTENTS CONTINUED) Pa 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 12 4.01 Lines and Grades 12 4.02 Right of Entry 12 4.03 Owner's Inspectors 12 4.04 Collateral Work 12 4.05 Right -of -Way 13 4.06 Adequacy of Design 13 5. SCHEDULING AND PROGRESS OF WORK 13 5.01 Order and Prosecution of the Work 13 5.02 Rate of Progress 13 5.03 Sunday. Holiday. and Night Work 13 5.04 Hindrances and Delays 14 5.05 Extensions of Time 14 5.06 Liquidated Damages for Failure to Complete on Time 14 6. INDEMNITY 15 6.01 Contractor's Indemnity Provision 15 6.02 Workmen's Compensation Insurance 15 6.03 Comprehensive General Liability Insurance 16 6.04 Owner's Protective Insurance 16 6.05 Comprehensive Automobile Liability Insurance 16 6.06 Insurance Certificate 16 7. TERMINATION OF CONTRACT 17 7.01 Right of Owner to Terminate 17 7.02 Right of Contractor to Terminate 17 7.03 Removal of Equipment 17 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 17 8.01 Notification of Contractor 17 8.02 Retention of Contractor's Equipment and Materials by Owner 17 8.03 Methods of Completing the Work 18 8.04 Final Acceptance 19 8.05 Disposition of Contractor's Equipment 19 9. MEASUREMENT AND PAYMENT 19 9.01 Character of Measurements 19 9.02 Estimated vs. Actual Quantities 19 9.03 Payment 20 9.04 Monthly Estimates and Payments 20 9.05 Certificates of Completion 21 9.06 Final Estimate and Payment 21 9.07 Notarized Affidavit 21 9.08 Release of Liability 21 9.09 Contractor's Obligation 22 9.10 Payments Withheld 22 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 midnight. 1.02 Contract Documents. The Contract Documents shall consist of the Notice to Contractors; Advertisement; the Instructions to Bidders; the Proposal; the Signed Agreement; the Performance and Payment Bonds; the General Conditions of the Agreement; the Special Conditions of the Agreement; 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, Performance and Payment Bonds, Addenda, Proposal, Special Conditions of the Agreement, Notice to Contractors, Specifications, Plans, and General Conditions of the Agreement. 1.03 Contractor. "Contractor" shall mean the business organization or individual named and designated in the Contract Agreement as the "Party of the Second Part ", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal representatives. 1.04 Engineer. "Engineer" shall mean Haynie & Kallman. Inc., or such other Engineer, supervisor, or inspector who has been designated, appointed, or otherwise employed or delegated by the Owner for this work, or their duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 1.05 Extra Work. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration, or addition to the work shown on the Plans, or reasonably implied by the Specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations ", herein. 1.06 Owner. "Owner" shall mean The City of Round Rock, named and designated in the Agreement as the "Party of the First Part" acting through its duly authorized officers and agents. 1.07 Plans. "Plans" shall mean and include (a) all drawings prepared by the Owner as a basis for proposal, (b) all supplementary drawings furnished by the Engineer 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 Contractor to the Owner when and as approved by the Engineer. GC -1 1.08 Specifications. "Specifications" shall mean (a) all written descriptions, methods and instructions prepared by the Owner as a basis for proposals. (b) all supplementary written material furnished by the Engineer as and when required to clarify the intent or meaning of all written descriptions, methods and instructions submitted by the Owner to the Contractor, and (c) written descriptions submitted by the Contractor to the Owner when and as approved by the Engineer. 1.09 Subcontractor. "Subcontractor" shall mean and refer only to a business organization or individual having a direct contract with the Contractor for (a) performing a portion of the Contract work. or (b) furnishing material worked to a special design according to the Contract plans or specifications; it does not, however, include one who merely furnishes material not so worked. 1.10 Substantially Completed. The term "substantially completed" shall mean that the structure or facility has been made suitable for use is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustments. 1.11 Work. "Work" shall mean the work to be done and the equipment, supplies, material. and services to be furnished under the Contract unless some other meaning is indicated by the context. 1.12 Working Day. A "working day" is defined as any day not including Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal 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. 1.13 Written Notice. "Written notice" shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended. or if delivered at or sent by certified or registered mail to the last business address known to him who gives the notice. 2. GENERAL PROVISIONS 2.01 Engineer's Status and Authority. It is mutually agreed by and between the parties to this Contract that the Engineer shall have general supervision and direction of the work included herein. In order to prevent delays and disputes and to discourage litigation it is further agreed by and between the parties of this Contract that the Engineer shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid for under the Contract; that he shall determine all questions in GC -2 relation 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 findings 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, however. that should the Engineer render any decision or give any direction which in the opinion of either party hereto is not in accordance with the meaning and intent of this Contract, either party may file with the Engineer within 30 days a written objection to the decision or direction so rendered. It is the intent of this Agreement that there shall be no delay in the execution of the work, and the decision or directions of the Engineer as rendered shall be promptly carried out. 2.02 Right of Engineer to Modify Methods and Equipment. If at any time the methods or equipment used by the contractor are found to be unsafe or inadequate to secure the quality of the work or the rate of progress required under this Contract, the Engineer may direct the Contractor in writing to increase their safety or improve their character and efficiency and to cease operations under this Contract until such direction is complied with. No claims shall be made against the Owner for damages caused by any delay resulting from such order. 2.03 Changes and Alterations. The Contractor agrees that the Owner, through the Engineer. may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions. plans. or materials for the work herein contemplated or any part thereof either before or after the beginning of the construction without affecting the validity of this Contract and the accompanying bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. 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 contract; otherwise such work shall be paid for as provided 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 preparation for the work as originally planned. GC -3 2.04 Damages. The right of general supervision by the Owner shall not make the Contractor an agent of the Owner. and the liability of the Contractor for all damages to persons, firms, and corporations arising from the Contractor's execution of the work shall not be lessened because of such general supervision. the Contractor is an independent contractor in regard to work under this Contract, and as such is solely liable for all damages to any persons. firms, corporations. or their property as a result of the prosecution of the work. 2.05 Losses from Natural Causes. All loss or damage arising out of the nature of the work to be done or from the action of the elements or from any unforeseen circumstances in the prosecution of the work or from unusual obstructions or difficulties which may be encountered in the prosectuion of the work shall be sustained 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 in any manner affect the Contract or the work and shall indemnify and save harmless the Owner against any claim arising from the violation of any such laws and ordinances whether by the Contractor or his employees or his subcontractors and their employees. 2.07 Licenses, Permits and Certificates. Except as hereinafter stipulated, all licenses, permits, certificates, etc. required for and in connection with the work to be performed under the provisions of these Contract Documents shall be secured by the Contractor at his own expense. In the event a building permit is required such permit will be obtained by the Owner at no cost to the Contractor. 2.08 Royalties and Patents. The Contractor shall protect and save harmless the Owner from all and every demand for damages, royalties, or fees on any patented invention used by him in connection with the work done or material furnished under this Contract; provided, however, that if any patented material, machinery, appliance, or invention is clearly specified in this Contract, the cost of procuring the rights of use and the legal release or indemnity shall be borne and paid by the Owner direct unless such cost is determined and directed to be included in the bid price at the time the Proposal is submitted. 2.09 Keeping of Plans and Specifications Accessible. The Engineer shall furnish the Contractor with three (3) sets of executed Plans and Specifications without expense 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 GC -4 must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the Contract, Specifications or Drawings. the Engineer shall define which is intended to apply to the work. 2.11 Contractor's Understanding. It is understood and agreed that the Contractor has, by careful examination. satisfied himself as to the nature and location of the work, the conformation of the ground, the character. quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions. and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this Contract. shall affect or modify any of the terms or obligations herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change, alteration. or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal, except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which he should receive compensation, he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference 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 shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or GC -5 Method "C" — If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced. then the Contractor shell be paid the "actual field cost" of the work plus 15 %. Where extra work is performed under Method "C ". the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics, craftsmen, and laborers; (b) the cost of all materials and supplies not furnished by the Owner; (c) rental for all power— driven equipment at agreed —upon rates for the time actually employed or used in the performance of the extra work; (d) transporation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said extra work and which is not already on the job; (e) all power, fuel, lubricants. water, and similar operating expenses; (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 premiums for construction bonds, workmen's compensation. public liability and property damage, and other insurance 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 specify in writing before the work commences the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon. the prices for the use of machinery and equipment 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 superintendence. 2.14 Assignment and Subletting. The Contractor shall not assign or sublet the work or any part thereof without the previous written consent of the Owner, nor shall he assign. by power of attorney or otherwise. any of the money payable under this Contract unless by and with the consent of the Owner to be signified in like manner. If the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to all prior liens of all persons. firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 2.15 Subcontractors. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner, his subcontract shall be immediately terminated by the Contractor upon written notice from the Owner. GC -6 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor 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 completed in accordance with the Contract Documents. 7f the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction, the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause. Whenever a material, product, or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to the Engineer requesting approval of the use of a material, product, or article he feels is truly equal to the one specified. The Engineer will evaluate the request to determine if the material, product, or article is of equal substance and function and if it will perform identically the duties imposed by the general design. Written approval of an "or equal" material, product, or article must be obtained from the Engineer before it may be incorporated into the work as a substitute for that specified in the Contract Documents. 2.21 Completed Work. The Contractor shall maintain continuous adequate safeguards to protect all completed work from damage, loss, or the intrusion of foreign elements. 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. The provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. GC-7 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore. support. and protect any and all structures, and all pipes. sewers, drains. conduits. and other facilities belonging to the Owner. and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.25 Sanitary Facilities. Necessary sanitary toilet facilities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor. Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment. machinery, supplies and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation. or protection of any material, tools, or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor. material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds. each in the sum of 100% of the total Contract price in standard forms for this purpose, guaranteeing GC-8 faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the contractor for the work under this Contract. and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the performance and payment bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety. and shall be approved by the Owner. 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion 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 Contract ". if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superintendent 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 supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only orderly. competent. and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub — standard character by reason of carelessness, incompetence, or inexperience on the part of the GC -9 workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract, the Contractor shall protect the public and the Owner fully by taking reasonable 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 any way connected with the performance of this Contract, the Contractor shall not create excavations, obstructions, or any dangerous condition or nuisance of any nature whatsoever in connection with the performance of this contract unless necessary to its performance, and in that event the Contractor shall provide 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 nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor 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 Municipal 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 except where incompatible with Federal, State, or Municipal 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 prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special Conditions of these Contract Documents. The Contractor shall pay not less than the general prevailing wages shown on said scale and shall keep accurate wages records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be GC -10 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, forthwith remove such material and replace, rebuild, or otherwise remedy such work so that it shall be in full accordance with this Contract. Should the Contractor fail to initiate compliance with the above provision within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer, supervisor, or inspector shall have no power to waive the obligations of this Contract for the furnishing by the contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer, supervisor, or inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out, remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however that the Engineer, supervisor, or inspector shall upon request of the contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer, supervisor, or inspector such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet with the specifications for the work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re- examination, and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 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 period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall, without charge therefor, carefully clean out all pits, pipes, chambers, or conduits, shall tear down and remove all temporary structures built by him, shall remove all rubbish of every kind from the tracts or grounds which he has occupied, and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of 12 months from and after the date of the final acceptance by the Owner of the work embraced by this Contract, the Contractor shall make all needed repairs arising out GC -11 of defective workmanship or materials, or both, which in the judgement of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs, the Owner is hereby authorized to make such repairs at the Contractor's expense; provided, however. that in case of an emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable. and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes. marks, etc. shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees such stakes, marks, etc. shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Inspectors. It is agreed by the Contractor that the Owner shall appoint such Engineer, supervisors, or inspectors as the said Owner may deem necessary to inspect the material furnished and the work done under this Contract, to see that the said material is furnished. and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer, supervisors, or inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer. supervisors, or inspectors so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. GC -12 4.05 Right —of —Way. Easements across private property and lands needed for construction under this contract will be provided by the Owner. 4.06 Adequacy of Design. It is agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof. and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents. approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract. unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence and in such manner as shall be most conducive to economy of construction; provided however, that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part or parts of the work when in his opinion such should be given priority to lessen the probability of danger to the public or to anticipate seasonal hazards from the elements or to coordinate with other work being done for or by the Owner. 5.02 Rate of Progress. The Contractor shall give the Engineer full information in advance as to his plans for carrying on any part of the work. If at any time prior to the start or during the progress of the work any part of the Contractor's plant or equipment or any of his methods of executing the work appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or rate of progress of the work. the Engineer may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders; failure to comply will result in placing Contractor in abandonment per Section 8 "Abandonment of Contract by Contractor "; but neither compliance with such orders nor failure of the Engineer to issue such orders shall release the Contractor from his obligation to secure the degreee of safety, the quality of work, and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety. adequacy, and efficiency of his plant. equipment, and methods. 5.03 Sunday. Holiday. and Night Work. Except in connection with the care, maintenance, or protection of equipment or of work already GC -13 done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances, or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Owner. If the Owner stops the work for just cause because the Contractor is not complying with the plans and specifications or the intent thereof, the Contractor shall have no claim for damages, hindrances, or delays. However. if the Owner stops the work for any other reason, the Contractor shall be entitled to reimbursement paid by the Owner for such expenses actually incurred which in the judgement of the Engineer occurred as a result of the work stoppage. Should delays repeatedly occur due to the Contractor's failure to provide adequate plant, equipment, or personnel, or where the Engineer determines that unreasonable inconvenience to the public is due to such failure, the Contractor's operations shall be suspended until he shall have provided adequate plant, equipment, and personnel to properly resume and continually prosecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by any other contractor employed by the Owner, or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however, that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain, so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph. the Owner may withhold permanently from the Contractor's total compensation. not as a penalty but as liquidated damages, the sum per day given in the following schedule: GC -14 Amount of Liquidated Amount of Contract Damages Per Day Less than $ 5,000.00 $ 5,001.00 to $ 15,000.00 15,001.00 to 25,000.00 25,001.00 to 50,000.00 50,001.00 to 100.000.00 100,001.00 to 500.000.00 500,001.00 to 1,000,000.00 1,000,001.00 to 2,000,000.00 2,000,001.00 to 5,000,000.00 $ 30.00 35.00 40.00 50.00 70.00 200.00 300.00 400.00 500.00 6. INDEMNITY 6.01 Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract, the Contractor shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages, judgements, decrees, and expenses or costs of any nature whatsoever arising out of or in any way connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors, workers, material persons, or suppliers of machinery and parts thereof, equipment, power tools. and supplies incurred in connection with work to be performed under this Contract. Property of any description, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontractors or their employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas, and to pay or cause to be paid all compensation, medical or other benefits, which may become due or payable thereunder, and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. GC -15 1 6.03 Comprehensive General Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner. a Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury GC -16 $100.000 each person $300,000 each accident Property Damage $ 25,000 each accident $ 50,000 aggregate 6.04 Owner's Protective Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Comprehensive General Liability coverage as described in 6.03 above entitled "Comprehensive General Liability Insurance ". 6.05 Comprehensive Automobile Liability Insurance. The Contractor shall provide and maintain during the life of this Contract and until all work under said Contract has been completed and accepted by the Owner, a Comprehensive Automobile Liability insurance policy, said policy and issuing carrier approved by the Owner, covering the operation on or off the site of the work of all motor vehicles licensed for highway use, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure contractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $100,000 each person $300,000 each accident Property Damage $ 50,000 each accident 6.06 Insurance Certificate. In connection with the insurance coverage set out in sections 6.02, 6.03, 6.04 and 6.05 above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given 10 days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 7. TERMINATION OF CONTRACT 7.01 Right of Owner to Terminate. If the Contractor should be guilty of substantial violation of the Contract or any provision thereof, the Owner, upon certification by the Engineer as to the nature and extent of such violation, may without prejudice to any other resources or remedy give the Contractor written notice of termination of the employment of the Contractor 10 days subsequent to such notice. Immediately following such date the Owner may take possession of the site of the work and all material, equipment, tools, and appliances thereon and may finish the work in accordance with the provisions of Section 8 "Abandonment of Contract by Contractor', of these General Conditions. 7.02 Right of Contractor to Terminate. If work should be stopped by order of any public authority or court through no act or fault of the Contractor for a period of three (3) months or if the Owner should substantially fail to perform the provisions of the Contract with regard to Owner's obligations to the Contractor, then the Contractor may, upon ten (10) days written notice to the Owner, terminate this Contract and recover from the Owner payment for all completed work. 7.03 Removal of Equipment. In the event that the Contract should be terminated for any reason whatsoever, the Owner may request the Contractor in writing to remove any or all of his equipment, tools, and supplies, and the Contractor shall comply with the request within ten (10) days after receipt of the notice. Should he fail to do so within ten (10) days after receipt of such notice. the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment. tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to refuse to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached, then the Contractor shall be deemed as having abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not GC-17 remove from the work any machinery. equipment, tools, materials, or supplies then on the job, but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connection with extra work where credit shall be allowed as provided for under Section 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 settlement. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for completion hereinbefore provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials. and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contractor 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 Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after fourteen (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 coat under this Contract such increase shall be charged to the Contractor. and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract. the Contractor or his Surety shall be credited therewith. GC-18 8.04 Final Acceptance. When the work has been completed, the Contractor and his Surety shall be so notified and a contract Completion Certificate as hereinafter provided 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 Contractor, his Surety or the Owner, as the case may be, shall pay the balance due as reflected by said statement within fifteen (15) days after the date of such Contract Completion Certificate. 8.05 Disposition of Contractor's Equipment. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract or when the Contractor or his Surety pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor or his Surety fail to pay the amount due, the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held 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 fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the work and belong to persons other than the Contractor or his Surety to their proper owners. 9. MEASUREMENT AND PAYMENT 9.01 Character of Measurements. No extra or customary measurements of any kind will be allowed, but the actual length, area solid contents, number, and weight only shall be considered unless otherwise specifically provided. 9.02 Estimated vs. Actual Quantities. Any and all estimated quantities stipulated in the proposal form under unit price items are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing GC -19 the proposals submitted for the work. It is understood and agreed that the actual amounts of work done and materials furnished under unit price items may differ from such estimated quantities and that the basis of payment for such work and materials shall be for the actual amount of such work done and the actual quantity of materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the amounts estimated therefor in the proposal or other Contract Documents; provided, however, that if the actual quantity of any item should become as much as 25 percent more than or 25 percent less than the estimated or contemplated quantity for such items, then either party to this Contract shall be entitled upon demand to a revised consideration on the portion of the work above or below 25 percent of the estimated quantity prior to initiating work or furnishing materials for the overrun or underrun quantities. Such revised consideration shall be determined by agreement between the parties or otherwise by the terms of this Contract as provided under Section 2.12 entitled "Extra Work ". 9.03 Payment. In consideration of the furnishing of all the necessary labor, equipment, and material and the completion of all work by the Contractor, and on the completion of all work and the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations contained herein, the Owner agrees to pay the Contractor the amounts set forth in the Proposal attached hereto which has been made a part of this Contract. The Contractor hereby agrees to receive such amounts in full payment for furnishing all material and all labor required for the aforesaid work, for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Contract, the attached specifications. and requirements of the Engineer. 9.04 Monthly Estimates and Payments. On or about the fifth day of each month the Engineer will make an approximate estimate of the value of work done in conformity with the plans and specifications during the previous calendar month. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor 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 unexpected or unusual delay occurs due to no fault or neglect on the part of the Contractor, the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor. GC -20 9.05 Certificates of Completion. Within 10 days after the Contractor has given the Engineer notice that the work has been completed, the Engineer shall inspect the work and satisfy himself by examination and test that the work has been finally and fully completed in accordance with the plans, specifications and Contract. If so, the Engineer shall issue a Contract Completion Certificate to the Owner and the Contractor. Such certificate when issued shall constitute final acceptance of the work covered under this Contract. 9.06 Final Estimate and Payment. After the Contract Completion Certificate has been issued, the Engineer shall proceed to make final measurements and to prepare a final estimate of the work done and materials furnished under this Contract and the value thereof. The Engineer shall certify the Final Estimate and submit it to the Owner within five (5) days from the date of the Contract Completion Certificate. The Owner shall pay the Contractor within fifteen (15) days from the date of the Contract Completion Certificate the entire sum shown due on the certified Final Estimate prepared by the Engineer after deducting all amounts to be kept and retained under any provision of this Contract. However. it is to be specifically understood that the final payment will not be paid by the Owner to the Contractor under any circumstances until the Notarized Affidavit required by Section 9.07 entitled "Notarized Affidavit ", has been submitted to the Engineer. All prior estimates and payments shall be subject to correction in the final estimate and payment; but in the absence of error or manifest mistake. it is agreed that all estimates, when approved by the Owner. shall be conclusive evidence of the work done and materials furnished. 9.07 Notarized Affidavit. Before final payment for the work by the Owner the Contractor shall submit to the Engineer a notarized affidavit in duplicate stating under oath that all subcontractors, vendors, and other persons or firms who have furnished or performed labor or furnished materials for the work have been fully paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a statement, signed by the Surety Company who provided the performance bond for the work, to the effect that said Surety Company consents to final payment to the Contractor being made by the Owner. 9.08 Release of Liability. The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the work or for any act or neglect of the Owner or of any person relating to or affecting the work. GC-21 9.09 Contractor's Obligation. Neither the Contract Completion Certificate nor the final payment nor any provision in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Contract Documents. 9.10 Payments Withheld. The Owner may, on account of subsequently 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 properly to subcontractors or for material or labor. d. Damage to another contractor. When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. GC -22 SPECIAL CONDITIONS OF AGREEMENT 2. "AS— BUILT" DRAWINGS 4. LIMIT OF FINANCIAL RESOURCES 5. CONSTRUCTION INSPECTION SPECIAL CONDITIONS OF THE AGREEMENT 1. CROSSING UTILITIES Every attempt has been made to locate existing utility lines. However, prior to commencing construction, it shall be the contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. The Contractor shall mark all changes and revisions on all of his copies of the working drawings. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall deliver this correctly marked set of drawings to the Engineer. 3. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay. will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with Owners of utilities. Owner will not be liable for damages on account of delays due to changes made by Owners of privately owned utilities which hinder progress of work. It shall be understood by all that the Owner may be required to change and /or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. The Owner shall provide an inspector to review the quality of materials and workmanship. SC -1 6. COORDINATION WITH UTILITY COMPANIES The Contractor shall be responsible for contacting the appropriate utility company when working in the vicinity of its facilities to ensure safety and guard against damage. The following are names and phone number for the various companies: 1. Lone Star Gas - Transmission Lines: 817/778 -8700 Bob Andrews - Distribution Lines: 512/255 -2679 Terry Bertrand or Bobby Mucha 2. Bell Telephone - 512/870 - 5977 James Kokel 3. Texas Power & Light Co. - 512/255 -3666 Leslie Davis 4. City of Round Rock (water & sewer) - 512/255 -3612 Al Wille, Inspector, Jim Nuse. Director of Public Works 7. LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this contract, so authorized by the Owner, as shown on the drawings or described in the contract documents and technical specifications. All items of construction not specifically paid for in the bid schedule shall be included in the unit price bids. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 8. COPIES OF PLANS AND SPECIFICATIONS The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor three (3) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at commercial reproduction rates plus 20% for handling. 9. UTILITY SERVICES FOR CONSTRUCTION AND TESTING The Contractor will be responsible for providing his own utility services during construction and testing. No additional payment will be made for this item. SC -2 10. BLASTING When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the work. the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All blasting. including methods of storing and handling explosives and highly flammable materials, shall conform to Federal. State and Local Laws and Ordinances. The following is a list of requirements in addition to Federal, State and Local Laws and Ordinances: 1. The Contractor shall furnish the Owner with a Certificate of Blasting Insurance in the amount of $300.000 for each contract. at least twenty -four (24) hours prior to using explosives. If blasting is covered under the contractor's General Insurance Certificate for each contract. a separate blasting certificate will not be required. 2. The Contractor shall notify the City of Round Rock on every occasion at least twenty - four (24) hours prior to the use of explosives. 3. Explosive materials to be used shall be limited to blasting agents and dynamite. unless prior approval of other materials is obtained in writing from the Engineer. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles. and public or private property. Blasting mats or protective cover shall be used when required by the Inspector. the permit, or by safe blasting practices. 5. The Engineer or his representative shall have the right to limit the use of explosives and /or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 6. The Contractor. at his expense. shall promptly repair or replace all items known to be damaged as a result of blasting. (The Contractor is fully responsible for all claims resulting from his blasting operation.) All damage or loss to any property referred to in this article caused in whole or in part by the Contractor. any Subcontractor. or anyone directly or indirectly employed by any of them, or by anyone whose acts any of them may be liable, shall be remedied by the SC -3 Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them. and not attributable in any degree to the fault or negligence of the Contractor. 11. COORDINATION BETWEEN UTILITY CONTRACTOR & STREET CONTRACTOR The streets will be excavated and bladed by the street paving Contractor to the subgrade prior to the utility Contractor beginning his gravity sewer line and water line construction operations in the street right -of -ways. Upon completion of the gravity sewer line and water line and storm sewer construction, the utility Contractor shall dress and blade the street to subgrade to the same condition it was in when accepted by the utility Contractor and to the satisfaction of the street paving Contractor and the Engineer. The utility Contractor shall, at his own expense, raise the gate valve boxes and manhole frames and covers to the finished paved street grade. All gate valve boxes and manhole frames and covers within the proposed street paving area shall be constructed 6- inches below the subgrade of the street. It shall be the responsibility of the paving Contractor to verify with the utility Contractor that all utility castings in the area have been raised or that no valve box, clean -out covers or manhole covers need to be adjusted. This shall be obtained in writing 48 hours prior to placing any curb and gutter, concrete valley gutters and final pavement (concrete or asphalt) and a copy shall be provided for the Engineer. Each Contractor shall be fully responsible for verifying the existence of all property corners before commencing work. Any missing property pins shall be replaced by the Engineer at the expense of the previous Contractor. 12. MONTHLY PAYMENT ESTIMATES Owner shall pay for 90% of materials on hand when properly stored on the jobsite. When payment for materials on hand has been paid by the Owner to the Contractor, the Contractor shall furnish evidence the following month that he has paid for those materials prior to the following month's monthly estimate being approved for payment. Revise GENERAL CONDITIONS - Sheet 20, Section 9.04 to read: "On or about the twenty -fifty (25th) day of each month . . .TM 13. LIQUIDATED DAMAGES Refer to the GENERAL CONDITIONS OF THE AGREEMENT, Paragraph 5.06 - Liquidated Damages for Failure to Complete on Time. Delete the schedule of "Amount of Liquidated Damages Per Day" and substitute the following: The amount of liquidated damages per day shall be $500.00. SC -4 14. MAINTENANCE BOND Per City of Round Rock Ordinance, a two (2) year Maintenance Bond naming the Owner and the City of Round Rock as dual obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 25. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. A one (1) year Maintenance Bond will be required for all other improvements. 15. SUBCONTRACTING The Contractor shall not assign or sublet more than 49% of the work under this contract. Percentage of work sublet shall be determined based on unit prices bid. SC -5 NOTES FOR REFERENCING CITY OF AUSTIN SPECIFICATIONS FOR WORK WITHIN THE CITY OF ROUND ROCK The current City of Austin Standard Construction Specifications of Water and Wastewater Department and Engineering Department are incorporated into this project by reference and they shall be applied to this project except as modified in these specifications and on the plans. Whenever the term "City of Austin" is used in the Austin specifications, it shall be construed to mean the City of Round Rock. STREET 1. Subgrade density tests are required prior to depositing base material. 2. Base density and thickness tests are required prior to application of prime coat. 3. All testing shall be made by an independent laboratory at the Owner's expense. An authorized representative of the Owner shall be present when such tests are made. The number of tests required shall be determined by the Engineer or his authorized representative. 4. Pavement surface shall be Type "D" hot -mix, hot -lay asphaltic concrete with a minimum asphalt content of 5%. 5. Backfill behind curbs shall be compacted to obtain a minimum of 95% of maximum density. Material used for curb backfill shall be primarily granular (clay materials with higher P.I. than 35 are prohibited) and free from boulders and clods larger than 6" in their greatest dimension. Refer to Standard Detail No. 1 - "Pipe Bedding" for backfill procedures. 6. For Item No. 203 in Austin Specifications, substitute Item No. 203 attached. 7. For Item No. 210 in Austin Specifications, substitute Item No. 210 attached. WATER 1. Water mains shall be PVC or asbestos cement pipe. The type, size and class of pipe shall be shown on the plans. 2. PVC pipe used for water mains shall conform to AWWA C -900. N-1 3. Valves shall be Mueller iron -body gate valve with ends as shown on plans. 4. Service material shall be type "K" copper tubing or 160 psi polyethylene tubing conforming to ASTM D2737, SDR 9 with brass fittings. 5. Fire hydrants shall be 3 -way Mueller, improved AWWA type with pump nozzle for 4 -1/2" fire hose. A 6" gate valve ar.d valve box shall be provided on each fire hydrant. 6. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner, and an authorized representative of the City of Round Rock shall be present when such tests are made. 7. All testing of pipe shall be done under the supervision of the City, and the Contractor shall perform such tests as required and furnish all equipment and material for same. 8. Sterilization of mains shall be done under the supervision of the City, and the Contractor shall perform such sterilization and furnish all material and equipment for same. The City will be responsible for bacteriological tests. SEWER 1. Sewer pipe shall be PVC or vitrified clay pipe. 2. The type and size of pipe shall be shown on the plans. 3. The type of manhole shall be shown on the plans. 4. Compact trench backfill to obtain a minimum of 95% of maximum density. Density of backfill trenches under pavement shall be tested by an independent laboratory. Such testing will be paid for by the Owner. and an authorized representative of the City shall be present when such tests are made. 5. All testing of pipe shall be done under the supervision of the City. and the Contractor shall perform such tests as required and furnish all material and equipment for same. N-2 CITY OF ROUND ROCK Item No. 203 Lime Treatment for Materials in Place 203.1 Description This item shall consist of treating the subgrade, existing subbase or existing base by the pulverizing, addition of lime, mixing and compacting the mixed material to the required density. This item applies to natural ground, embankment, or existing pavement structure and shall be constructed as • specified herein and in conformity with the typical sections, lines and grades as shown on the plans and as established by the Engineer. 203.2 Materials 1. "Hydrated Lime and Lime Slurry" named or referred to in this item shall meet and be the same as the types and grades specified in the State Department of Highways and Public Transportation, Item 264, entitled "Hydrated Lime and Lime Slurry" from their 1972 Standard Specifications for Construction of Highways, Streets and Bridges. 2. When Type B, Commercial Lime Slurry, is specified, the Contractor shall select, prior to construction, the grade to be used and shall notify the Engineer in writing before changing from one grade to another. 3. If the minimum design strength or the percent of lime to be used for the treated subgrade, existing subbase or existing base is specified, preliminary tests for substantiation shall be performed in accordance with SDHPT Test Method Tex- 121 -E. In no case shall the amount of lime used in construction be less than that recommended in Fig. 3 of that test method, but may be more depending on Tex - 121 - E test results. 4. It is the intent of this specification that the subgrade soil, subbase or existing base which is to be lime stabilized, be substantially free of organic matter such as concentrations of weeds, grass, leaves. rotting wood and other such organic matter deleterious to all kinds of soil stabilization. be removed, wasted and not included in the pavement sections or in the secondary subgrade. 203.3 Equipment 1. The machinery, tools and equipment necessary for proper prosecution of the work shall be on the project and approved by the Engineer prior to the beginning of construction operations. All machinery, tools and equipment used shall be maintained in a satisfactory and workmanlike manner. 2. Hydrated lime shall be stored and handled in closed weatherproof containers until immediately before distribution on the street. If storage bins are used they shall be completely enclosed. Hydrated lime in bags shall be stored in weatherproof buildings with adequate protection from ground dampness. 3. If lime is furnished in trucks. each truck shall have the weight of lime certified on public scales or the contractor shall place a set of standard platform truck scales or hopper scales at a location approved by the Engineer. 4. If lime is furnished in bags. each bag shall bear the manufacturer's certified weight. Bags varying more than 5 percent from the weight may be rejected and the average weight of bags in any shipment. as shown by weighing 50 bags taken at random, shall not be less than the manufacturer's certified weight. 203.4 Construction Methods 1. General - It is the primary requirement of this specification to secure a completed course of treated material containing a uniform lime mixture free from loose or segregated areas, of uniform denisty and moisture content, well bound for its full depth and with a smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work, to use the proper amount of lime, maintain the work and rework the courses as necessary to meet the above requirements. The street subgrade shall be constructed and shaped to conform to the typical sections, lines and grades as shown on the plans or as established by the Engineer. The material, either before or after lime is added, shall be excavated to the secondary grade (proposed bottom of lime treatment) and removed or windrowed to expose the secondary grade. The secondary grade shall be scarified for a minimum depth of 6 inches. The scarified material shall be pulverized, wetted, mixed and compacted in lifts not to exceed 4 inches in thickness and when finished, shall conform to the sections, lines and grades as shown on the plans or as established by the Engineer. The moisture content of the compacted subgrade at the time of compaction shall not be more than two percentage points below the optimum moisture content for the raw soil as determined by SDHPT Test Method Tex - 113 -E. The dry density of the compacted subgrade shall not be more than 102% nor less than 95% of the dry density of the raw soil as determined by SDHPT Test Method Tex- 113 -E. The moisture content of clay subgrade soils in the compacted secondary subgrade shall be maintained within + 4 percent of its compaction moisture content until covered by subsequent layers of material unless otherwise approved by the Engineer. -2- Should wet or unstable areas develop in the secondary subgrade immediately prior to lime treatment of subgrade layers, the unstable materials below the secondary subgrade shall be corrected, as directed by the Engineer, by scarifying, adding lime and compacting until it is of uniform stability. If the Contractor elects to use a cutting and pulverizing machine that will remove the subgrade material accurately to the secondary grade and pulverize the material at the same time, there shall be no lessening of the requirement of exposing the secondary grade material and treatment as set forth above. The contractor may further elect to use the cutting and pulverizing machine to process the secondary grade material to a minimum depth of 6 inches. When cutting pulverizing machines are used, the Contractor may. when approved by the Engineer, elect to compact the secondary subgrade material in one lift; however, there shall be no lessening of moisture - density requirements, or maintenance of same as set forth above. This method will be permitted only where a machine is provided which will insure that the material is cut uniformly to the proper depth and which has cutters that will plane the secondary grade to a smooth surface over the entire width of the cut. The machine shall be of such design that a visible indication is given at all times that the machine is cutting to the proper depth. 2. Application - Lime shall be spread only on the area where the first mixing operations can be completed during the same working day. The application and mixing of lime with the material shall be accomplished by the method hereinafter described as "Dry Placing" or "Slurry Placing ". (a) Dry Placing (When approved by the Engineer) The lime shall be spread by an approved spreader or by bag distribution at the rates shown on the plans or as directed by the Engineer. The lime shall be distributed at a uniform rate and in such manner as to reduce the scattering of lime by wind to a minimum. Lime shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing lime becomes objectionable to traffic or adjacent property owners. A motor grader will not be used to spread the lime. The materials shall be sprinkled as directed by the Engineer, until the proper moisture content has been secured. (b) Slurry Placing The lime shall be mixed with water in trucks with approved distributors and applied as a thin water suspension or slurry. The distribution of lime at the rates shown on the plans or as directed by the Engineer, shall be attained by successive passes over a measured section of roadway until the proper moisture and lime content has been secured. The distributor truck shall be equipped with an agitator which will keep the lime and water in a uniform mixture. -3- 3. Mixing - The mixing procedure shall be the same for "Dry Placing" or "Slurry Placing" as hereinafter described: (a) First Mixing The material and lime shall be thoroughly mixed by approved road mixers or other approved equipment, and the mixing continued until, in the opinion of the Engineer, a homogeneous, friable mixture of material and lime is obtained, free from all clods or lumps. Materials containing plastic clays or other material which will not readily mix with lime shall be mixed as thoroughly as possible at the time of the lime application. brought to the proper moisture content and left to cure 1 to 4 days as directed by the Engineer. During the curing period, the material shall be kept moist as directed. (b) Final Mixing After the required curing time, the material shall be uniformly mixed by approved methods. If the soil binder -lime mixture contains clods, they shall be reduced in size by raking, blading, discing, harrowing, scarifying or the use of other approved pulverization methods so that when all nonslaking aggregates retained on the No. 4 sieve are removed. the remainder of the material shall meet the following requirements when tested dry by laboratory sieves: Percent Minimum Passing 1 -3/4" Sieve 100 Minimum Passing No. 4 Sieve 60 During the interval of time between application and mixing, hydrated lime that has been exposed to the open air for a period of 6 hours or more or to excessive loss due to washing or blowing will not be accepted for payment. 4. Compaction - compaction of the mixture shall begin immediately after final mixing and in no case later than 3 calendar days after final mixing, unless approval is obtained from the Engineer. The material shall be aerated or sprinkled as necessary to provide the optimum moisture. Compaction shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted. If the total thickness of the material to be treated cannot be mixed in one operation, the previously mixed material shall be bladed to a windrow just beyond the area to be treated and the next layer mixed with lime as specified in Number 3. The first layer of the treated material shall be compacted in such a manner that the treated material will not be mixed with the underlying material. The course shall be sprinkled as required and compacted to the extent necessary to provide the density specified below as determined by the use of the compaction ratio method: -4- Description Density, Percent For lime treated subgrade, existing subbase or existing base that will receive subsequent subbase or base courses. For lime treated existing subbase or existing base that will receive surface courses. The testing will be as outlined in SDHPT Test Method Tex -113 -E or other approved methods. In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, tests as necessary will be made by the Engineer. If the material fails to meet the density requirements, it shall be reworked as necessary to meet these requirements. Additional lime shall be added, at the sole expense of the contractor. when any lime stabilized soil is reworked due to insufficient densities. It shall be the sole responsibility of the Engineer either to accept the reworked section or sections, or to require new Tex -113 -E moisture - density tests to determine the new density requirements on the then, different treated sections. Throughout this entire operation. the shape of the course shall be maintained by blading and the surface upon completion shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Should the material, due to any reason or cause, lose the required stability density and finish before the next course is placed or the work is accepted, it shall be recompacted and refinished at the sole expense of the contractor. 203.5 Finishing. Curing and Preparation of Surfacing After the final layer or course of the lime treated subgrade, subbase or base has been compacted, it shall be brought to the required lines and grades in accordance with the typical sections. The completed sections shall then be finished by rolling as directed with pneumatic tire or other suitable roller sufficiently light to prevent hairline cracking. Where continued reshaping and rolling of lime treated materials the contractor, at his option, may blade off and waste the top 3/4 inch of retempered material or he may re- sprinkle with additonal lime slurry and retain the material. In any case, there shall be no final reduction in section thickness due to any blading off of retempered material. The completed section shall be moist -cured for a minimum of 7 days before further courses are added or any traffic is permitted. unless otherwise directed by the Engineer. In cases where subgrade treatment or subbase sets up sufficiently to prevent objectionable damage from traffic. such layers may be opened to traffic 2 days after compaction. If the plans provide for the treated material to be sealed or covered by other courses of material, such seal or course shall be applied within 14 days after final mixing is completed, unless otherwise directed by the Engineer. -5- Not less than 95 except when otherwise shown on the plans. Not less than 98 except when otherwise shown on the plans. 203.6 Measurement Lime treatment of the subgrade, existing subbase, and existing base shall not be measured separately but shall be considered as a subsidiary item to Alternate Bid Item 1A - (8" Flexible Base and 6" Lime Stabilization in lieu of 15" Flexible Base). or Alternate Bid Item 2A - (6" Flexible Base and 6" Lime Stabilization in lieu of 11" and 8 - 1/2" Flexible Bases). The unit prices bid shall each be full compensation for preparing the roadbed; for furnishing all materials; for all freight involved; for public scales weighing charges or for furnishing scales and labor involved in weighing the material; for loosening. mixing, pulverizing, spreading, drying, application of lime, sprinkling. rolling, shaping, maintaining; and for all manipulations. labor, equipment, fuels, tools and incidentals necessary to complete the work. -6- 210.1 Description "Flexible Base" shall consist of a foundation course for surfacing, pavement or other base courses; shall be composed of crushed stone or gravel, and shall be constructed as herein specified in one or more courses in conformity with the typical sections shown on the plans and to the lines and grades as established by the Engineer. 210.2 Material The material shall be crushed or uncrushed as necessary to meet the requirements hereinafter specified, and shall consist of durable stone or gravel, crushed and /or screened to the required particle size, with or without other approved fine sized material. The material shall be from approved sources. 210.3 Grades CITY OF ROUND ROCK Item No. 210 Flexible Base (Crushed Stone) It is the intent of this specification that unless otherwise indicated on the plans, the final course of the base material shall consist of Grade 1, and other base course or subbase materials may consist of Grades 1 or 2. The final base courses shall be defined as the design or plan thickness of flexible base, exclusive of surfacing. up to a thickness of 8 inches. That depth exceeding 8 inches in the thicker bases are referred to as other base courses or subbase materials. Both grades shall. when tested by SDHPT standard laboratory test procedures, meet the physical requirements as set forth in the specification test limits tabulation. -1- Testing of flexible base materials shall be in accordance with the following Texas Highway Department standard laboratory test procedures: 1) Preparation for Soil Constants and Sieve Analysis Tex -101 -E 2) Liquid Limit Tex -104 -E 3) Plastic Limit Tex -105 -E 4) Plasticity Index Tex -106 -E 5) Sieve Analysis Tex - 110 - 6) Wet Ball Mill Tex -116 -E 7) Triaxial Test Tex - 117 - (Part II) Unless otherwise specified on the plans, job - control samples for testing the materials for Soil Constants, Gradation and Wet Ball Mill shall be taken prior to the compaction operations. Unless otherwise specified on the plans. all base material will be stockpiled after crushing; tested by the testing agency designated by the City of Round Rock; and approved by the City of Round Rock prior to being hauled to the project site. The material shall be well graded and when properly tested, shall meet the following requirements: Crushed or Broken Aggregate 210.4 Tolerances PHYSICAL REQUIREMENTS FOR FLEXIBLE BASE MATERIALS GRADES Grade 1 Grade 2 Retain on % Retained on Z Sq. Sieve Sq. Sieve 1 -3/4" 0 1 -3/4" 0 -10 7/8" 10 -35 No. 4 45 -75 3/8" 30 -50 No. 40 60 -85 No. 4 45 -65 Max. LL 40 No. 40 70 -85 Max. P1 12 Max. LL 35 *Max. Wet Max. P1 10 Ball Mill 50 *Max. Wet Ball Mill 40 Minimum compressive strength for both Grades 1 and 2 when subjected to the triaxial test: 35 PSI to 0 PSI lateral pressure and 175 PSI at 15 PSI lateral pressure. unless otherwise designated on the plans. *Unless otherwise shown on the plans, the maximum increase in material passing the number 40 sieve resulting from the Wet Ball Mill Test shall not exceed 20. The WBM test is not required on flexible base consisting of crushed siliceous gravel. The limits established reasonably close conformity with the specified gradation and plasticity index are defined by the following: The Engineer may accept the material, providing not more than 2 out of 10 consecutive gradation tests performed are outside the specified time limit on any individual or combination of sieves by no more than 5% and where no two consecutive tests are outside the specified limit. -2- The Engineer may accept the material providing not more than 2 out of 10 consecutive plasticity index samples tested are outside the specified limit by no more than 2 points and where no two consecutive teats are outside the specified limit. 210.5 Construction Methods 1. Preparation of Subgrade - The street shall be prepared and shaped in conformity with the typical sections shown on plans and to the lines and grades as established by the Engineer. Prior to placement of any flexible base or subbase material, the subgrade clay soil shall be scarified to a minimum depth of 6 inches. The scarified material shall be pulverized, wetted, mixed and compacted in lifts not to exceed 4 inches in thickness and when finished, shall conform to the sections, lines and grades as shown on the plans or as established by the Engineer. The moisture content of the compacted subgrade at the time of compaction shall not be more than two percentage points below the optimum moisture content for the raw soil as determined by SDHPT Test Method Tex- 113 -E. The dry density of the compacted subgrade shall not be more than 102% nor less than 95% of the dry density of the raw soil as determined by SDHPT Test. The moisture content of clay subgrade soils in the compacted subgrade shall be maintained within + 4 percent of its compaction moisture content until covered by subsequent layers of material unless otherwise approved by the Engineer. The intent of this requirement is to insure that swelling clay subgrade soils be placed in the manner to lessen swell and heaving and then to maintain this condition until covered by subsequent materials. Should wet or unstable areas develop in the subgrade just prior to placement of base or subbase materials, such areas shall be corrected as directed by the Engineer. The surface of the subgrade shall be furnished to line and grade as established and in conformity with the typical section shown on plans, and any deviations in excess of 1/4 inch in cross section and in a length of 10 feet measured longitudinally shall be corrected by loosening. adding or removing material, reshaping and recompacting by sprinkling and rolling. Sufficient subgrade shall be prepared in advance to insure satisfactory prosecution of the work. Material excavated in the preparation of the subgrade shall be utilized in the construction of slopes or otherwise disposed of as directed. and any additional material required for the completion of slopes shall be secured from sources indicated on plans or designated by the Engineer. Blue tops shall be set by the contractor for subgrade on centerline, quarter points and curb lines at intervals not exceeding 50 feet. 2. First Course - Immediately before placing the base material. the subgrade shall be checked as to conformity with grade and section. The thickness of each course shall not exceed 6 inches and will be equal increments of the total depth. The material shall be delivered in approved vehicles of a uniform capacity and it shall be the charge of the contractor that the required -3- amount of specified material shall be delivered in each 100 -foot station. Material deposited upon the subgrade shall be spread and shaped the same day unless otherwise directed by the Engineer in writing. In the event inclement weather or other unforeseen circumstances render impractical the spreading of the material during the first 24 -hour period, the material shall be scarified and spread as directed by the Engineer. The material shall be sprinkled, if directed, and shall then be bladed. dragged and shaped to conform to typical sections as shown on the plans. All areas and "nests" of segragated course or fine material shall be corrected or removed and replaced with well graded material, as directed by the Engineer. If additional binder is considered desirable or necessary after the material is spread and shaped, it shall be furnished and applied in the amount directed by the Engineer. Such binder material shall be carefully and evenly incorporated with the material in place by scarifying. harrowing, brooming or by other approved methods. The course shall be sprinkled as required and compacted to the extent necessary to provide not less than the percent density as hereinafter specified under "Density ". In addition to the requirements specified for density, the full depth of flexible base shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section of flexible base is completed, tests as necessary will be made by the Engineer. If the material fails to meet the density requirements, it shall be reworked as necessary to meet these requirements. Throughout this entire operation, the shape of the course shall be maintained by blading, and the surface upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. In that area on which pavement is to be placed, any deviation in excess of 1/4 inch in cross section and in a length of 10 feet measured longitudinally shall be corrected by loosening, adding or removing material, reshaping and recompacting by sprinkling and rolling. All irregularities, depressions or weak spots which develop shall be corrected immediately by scarifying the areas affected, adding suitable material as required. reshaping and recompacting by sprinkling and rolling. Should the base course. due to any reason or cause, lose the required stability, density and finish before the surfacing is complete, it shall be recompacted and refinished at the sole expense of the contractor. 3. Succeeding Courses - Construction methods shall be the same as prescribed for the first course. Blue tops shall be set by the contractor for finished base grade on center -line and intermediate points not exceeding 11 feet between points at 50 foot intervals. 4. Density - Each course of flexible base shall be compacted to not less than 100 percent density when tested in accordance with THD Test Method TER- 113 -E. Field density determination shall be made in accordance with approved methods. -4- 210.6 Measurement "Flexible Base" will be measured by the square yard at depths specified in the proposal for the area of street as shown on the typical sections of the plans or otherwise provided for in the contract documents. complete in place; by the cubic yard, loose vehicle measurement; or, by the cubic yard, complete in place, as indicated in the proposal. 210.7 Payment This item will be paid for at the contract unit price bid for "Flexible Base" which price shall be full compensation for all work herein specified, including the furnishing, hauling, and placing of all materials, for all water required and for all equipment, tools. labor and incidentals necessary to complete the work. —5— BASIS OF MEASUREMENT AND PAYMENT 1. TECHNICAL SPECIFICATIONS The following items from the City of Austin Standard Specifications for Public Works Construction are modified as related to measurement and payment. 2. ITEM 101 & 102 This item will be considered subsidiary to Item 110, Street Excavation, which price shall be full compensation for work herein specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. 3. ITEM 110 5. ITEM 201 BASIS OF MEASUREMENT AND PAYMENT STREET & DRAINAGE IMPROVEMENTS All acceptable street excavation will be measured by the square yard as the area for the entire width of the roadway plus eighteen inches (18 ") behind each curb for the entire length as shown on the Plans. This item will be paid for at the contract unit price bid for "Street Excavation ", as provided under the measurement method as included in the proposal, which price shall be full compensation for all work herein specified, including subgrade preparation, unless specified otherwise and the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. 4. ITEM 130 & 132 This item will be considered subsidiary to Item 110, Street Excavation, which price shall be full compensation for work herein specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. This item will be considered subsidiarry to Item No. 110 Street Excavation, which price shall be full compensation for all work herein specified, including the furnishing of all materials, equipment, tools, labor and incidentals necessary to complete the work. 6. ITEM 210 "Flexible Base" will be measured by the square yard at depths specified in the proposal for the area of street between the gutter lips. MP -1 This item will be paid for at the contract unit price bid for "Compacted Base ", which price shall be full compensation for all work herein specified, including the furnishing, hauling, and placing of all materials, for all water required and for all equipment, tools. labor and incidentals necessary to complete the work. 7. ITEMS 230, 232, 234 & 236 No additional compensation will be made for materials, equipment or labor required by this item, but shall be considered subsidiary to the various items included in the Contract. 8. ITEMS 301. 306 & 307 This item shall be measured and paid for subsidiary to Item 340, "Hot Mix Asphaltic Concrete Pavement ", which contract unit price bid shall be full compensation for work herein specified, including the furnishing of all materials, equipment, tools. labor and incidentals necessary to complete the work. 9. ITEM 340 Asphaltic concrete pavement will be measured by the square yard of the specified thickness of the type actually used in the completed and accepted work in accordance with "Street and Drainage Standard Detail No. 1 ", attached herein. 10. ITEMS 430 & 431 Accepted work as prescribed by this item will be measured by the linear foot of concrete curb and gutter, complete in place. The work performed as prescribed by this item will be paid for at the unit price bid per linear foot for "Concrete Curb and Gutter ", complete at the unit price bid, which price shall be full compensation for furnishing and placing all base material, dowels, expansion joint materials. manipulations, labor, tools. equipment and incidentals necessary to complete the work. MP -2 1. WATER 2. PIPE BASIS OF MEASUREMENT AND PAYMENT WATER & WASTEWATER IMPROVEMENTS Unless stated otherwise in the contract documents. it is understood that all payments made are for finished work and include all labor, tools, materials, constructing and completing the item on which payment is made. When called for in the proposal, pipe shall be paid for at the unity contract price bid per linear foot, for the size and type of pipe specified. complete in place. The bid price per linear foot shall include all clearing, excavation, laying of pipe, backfilling and clean up. Measurement for length shall be the horizontal distance along the centerline of the pipe as surveyed by the Engineer. Payment will also represent compensation for replacement of pavement, curb, drainage structures, driveways and any other improvements damaged during construction. Concrete blocking for supporting and reinforcing bends, concrete retards and thrust blocks shall be included in the cost for pipe. 3. FITTINGS Steel cylinder concrete pipe fittings will not be paid for separately. The Contractor shall include these in his bid for the laying of pipe. 4. VALVES No separate payment will be made for welded joints, or harnessed joints required for thrust restraint which are scheduled or indicated on the drawings. Cast iron and ductile iron fittings furnished in accordance with these Specifications will be paid for according to ANSI A21.10 (AWWA C110) scheduled weights for mechanical joint fittings furnished. Class to be as specified in the contract documents. Short body fittings are approved. Valves will be paid for at the unit price bid, including valve stem casing and cover, excavation, setting and adjusting to proper grade, and anchoring in place. MP -1 5. AUTOMATIC AIR RELEASE VALVE ASSEMBLIES Installation of automatic air release valve assemblies shall be paid for at the unit price bid per air valve installation and shall include threaded valve or corporation cock, pipe, fittings, concrete box and cover, complete in place. 6. FIRE HYDRANTS Fire hydrants will be paid for at the unit price bid per each and shall include all pipe and fittings except valves between the main line fitting and the fire hydrant. 7. FIRE HYDRANT BARREL EXTENSIONS In cases where the bury of the fire hydrant is greater than six feet (6'). barrel extension will be paid for by the vertical foot. complete in place, including rod extensions, bolts and all other required accessories. 8. WET CONNECTIONS Wet connections shall be paid for at the unit price bid per each. complete in place, according to the size of the main that is in service and shall be full compensation for the work except that cast iron fittings and valves shall be paid for as a separate item, unless otherwise specified in the Bid Proposal. 9. BORING. JACKING AND TUNNELING When called for in the proposal. boring. jacking and tunneling shall be paid for at the unit contract price bid per linear foot. including all excavation. all necessary grouting, backfilling, cleanup, and the specified pipe casing not including carrier (water) pipe. complete in place. 10. CONCRETE ENCASEMENT When called for in the proposal. concrete encasement shall be paid for at the unit contract price bid per linear foot for the size of pipe specified, complete in place. 11. STANDARD MANHOLES When called for in the proposal. standard manholes shall be paid for at the unit contract price bid per each for such structures and backfilling, complete in place. The depth of such structures shall be understood to be the perpendicular distance from the top of the MP -2 ring to the invert of the structure. No separate paymcnt will be made for "eyes ". The cost of these should be included in bid items for manholes. 12. EXTRA DEPTH FOR MANHOLES When called for in the proposal. manholes with extra depth over six feet (6') will be paid for at the unit contract price bid per vertical foot, including all excavation, coatings and backfilling. complete in place. MP -3 SOILS REPORT 12 1 1 GEOTECHNIGAL INVESTIGATION FOR PROPOSED BRIDGE OAKRIDGE DRIVE ROUND ROCK, TEXAS REPORT NO. H- 6 -A107 R E P O R T to HAYNIE 6 KALLMAN, INC. ROUND ROCK, TEXAS by MAXIM ENGINEERS, INC. GEOTECHNICAL /MATERIALS TESTING /CONSULTANTS AUSTIN, TEXAS March 5, 1986 Maxim Engineer. Inc 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J j . Mr. Garrett J. Tuttle Design Engineer Haynie 6 Kallman, Inc. 1106 South Mays Round Rock, Texas 78664 Dear Mr. Tuttle: ilZ 1111.111. Maxim Engineers, Inc. Geotechnical Materia:s Testing Consultants March 5, 1986 Re: Geotechnical Investigation Proposed Bridge Oakridge Drive Round Rock, Texas This report conveys the findings of the geotechnical investigation performed at the above referenced project. The objective of this investigation was to determine the general stratigraphy and suitability of the subsurface formations as a foundation material for the proposed bridge. This investigation was authorized by Mr. Garrett J. Tuttle with Haynie 8 Kallman, Inc. in Round Rock, Texas. This study consisted of drilling three (3) exploratory soil test borings to investigate the subsurface soil, rock and water conditions. Soil mechanics laboratory tests were conducted on representative samples of the soil and rock encountered to evaluate their physical and engineering properties. The results of the field and laboratory program were analyzed in order to prepare recommendations for foundation design. No additional analyses were requested or performed. This report is being submitted in summary form. Details of the sub- surface exploration program and laboratory procedures are on file in our office and are available upon request. Logs of the borings, however, with the results of laboratory testing, are attached to this report. Summary 1. The site of this investigation was located at the low water crossing on Oakridge Drive, directly south of West Creek Loop in Round Rock, Texas. 11601 N. Lamar Austin, Texas 78753 (512) 837 -8851 Mr. Garrett J. Tuttle March 5, 1986 Page Two 2. Present plans indicate that a two (2) span bridge is planned for this project. Structural loads were not available at the time this investigation was conducted; however, they are expected to be moderate. 3. The near surface soil encountered at this site consisted of 3.5 to 7.0 feet of light brown and reddish brown clay underlain by lime- stone in various stages of weathering. The limestone strata encountered at this site belongs to the Edwards Geological Formation and contains numerous clay seams and extremely weathered zones. The gray limestone stratum was encountered at depths ranging from 12.5 to 19.0 feet below existing grade and extended to the comple- tion depth of 20.0 feet below existing grade. 4. At the time this investigation was performed, groundwater was not encountered within the depth of exploration at the borehole loca- tions. The subsurface water regime is subject to change with variations in climatic conditions. Future construction activities may also alter the surface and subsurface drainage characteristics • of this site. Therefore, the depth to groundwater should be verified just prior to construction. If there is a noticeable change from the conditions reported herein, Maxim Engineers, Inc. should be notified immediately to review the effect it may have on the design recommendations. It is not possible to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short -term observations. 5. The professional services which have been performed, the findings obtained and the recommendations prepared were accomplished in accordance with currently accepted geotechnical engineering principles and practices. The possibility always exists that the subsurface conditions at the site may vary somewhat from those encountered in the boreholes. The number and spacing of test borings were chosen in such a manner as to decrease the possibility of undiscovered abnormalities, while considering the nature of loading, size, and cost of the project. If there are any unusual conditions differing significantly from those described herein, Maxim Engineers, Inc. should be notified to review the effects on Maxim Engineers Inc. F1 11 11 1 11 11 6 R 11 11 J 1 1 Mr. Garrett J. Tuttle March 5, 1986 Page Three the performance of the designed foundation. The recommendations given in this report were prepared exclusively for the use of Haynie a Rallman, Inc. or their consultants. The information supplied herein is applicable only for the design of the previously described bridge to be constructed at locations indicated at this site and should not be used for any other structures, locations, or for any other purpose. This firm is not responsible for the conclusions, opinions, or recommendations made by others based on the information submitted herein. 6. Structural loads imposed by the proposed bridge may be supported by drilled, cast -in -place straight- shaft, reinforced concrete piers founded a minimum of two (2) feet into the tan or gray limestone strata encountered at depths ranging from 3.5 to 7.0 feet below existing grade. An allowable end bearing pressure of 17,000 pounds per square foot and a side friction value of 2,125 pounds per square foot of shaft area in direct contact with the limestone strata, below the recom- mended minimum penetration, may be utilized for design purposes. Due to the presence of clay layers and extremely weathered zones within the limestone strata, on -site inspection during drilled pier installation is recommended to ensure that the proper bearing stratum is attained. (The maximum pier depth should not exceed 16 feet.) Foundation piers designed and constructed in accordance with the recommendations submitted herein will have a factor of safety in excess of 3 against shear type failure with differential settlement less than 0.50 of an inch. We trust the information submitted herein is in sufficient detail for your present use. When we may be of further service, please call. Sincerely, MAXIM ENGINEERS, INC. Maxim Engineer. Inc. Doyle L. Smith, Jr., P•E• Vice President DLS /sc Mr. Gary Tuttle Project Engineer Haynie 6 Kallman, Inc. 1106 South Mays Round Rock, Texas 78664 Dear Mr. Tuttle, The following pavement sections are recommended for the culvert approach areas along Oakridge Drive at the location of the referenced project: Plasticity Index of Fill 15 or less 20 to 30 REC EJVED APp, 11986 ilay, E ^d Asphaltic Concrete Surface Course Thickness (inches) EMI Maxim Engineers, Inc. Geotechnical Materials Testing Consultants March 31, 1986 Re: Supplement to Report No. H- 6 -A107 Geotechnical Investigation Proposed Bridge Oakridge Drive Round Rock, Texas Crushed Limestone Base (inches) 1.50 6.00 1.50 10.00 The referenced street is classified as a minor residential street according to the City of Round Rock's Subdivision Ordinance. Prior to beginning pavement construction, soils at the natural ground surface in the proposed parking area should be scarified and grubbed to a depth of at least six (6) inches. Organic materials and any vegetation should be removed from the site. The scarified areas along with areas requiring additional fill should then be recompacted to at least 95% of the Standard Proctor Density as defined by ASTM D 698 at a moisture content between the optimum moisture value and five (5) percent above optimum. 11601 N Lamar Austin, Texas 78753 (512) 837-8851 Mr. Gary Tuttle March 31, 1986 Page Two Asphaltic concrete pavement should be accomplished in accordance with Item 340 of the Texas State Department of Highways and Public Transportation, Standard Specification, 1982 edition. The crushed limestone base material should comply with Item 248, Type A, Grade 2 of the Texas State Department of Highways and Public Transportation, Standard Specification, 1982 edition. Crushed limestone base should be compacted to a minimum of 98 percent of the Modified Proctor Density, ASTM D 1557 at a moisture content within three (3) percent of the optimum moisture value. We trust the information submitted herein is in sufficient detail for your present use. When we may be of further service, please call. Sincerely, MAXIM ENGINEERS, INC. ?",e DLS /sc Doyle L. Smith, Jr., P.E. Vice President Wdm Engineers Inc. fj Plan of Borings Piviect Proposed Bridge Oakridge Drive Round Rock, Texas Scala 1" = 100' DaW 2 -86 Drawn By Maxim Engineers Lo of Boring er Location Log 9 I Numb B1 1 See Plan of Borings Round Rock, Texas roposed Bridge Oakridge Drive taaj gtdeo l // // soldWes Penetrometer Blows/Foot or Tons/Sq. Ft. Type Intermittent and Core Sampling ooa Core Recovery J Moisture Content Unit Dry Weight Lbs./Cu Ft Liquid Limit 1w41 ogseld Plasticity Index ene1S OOZ'°N 6uissed % Unconfined Compression LbsJSq. Ft Surface Elevation Unknown STRATUM DESCRIPTION 3 inches Asphalt Pavement REDDISH BROWN AND LIGHT BROWN CLAY with limestone fragments 4.0' (CL) 16 5- == "= __- -_- - -_ - _= TAN LIMESTONE with numerous clay layers and extremely weathered zones 14.0' 3 151 472,390 - 8 116 139,610 - 75 - 10- 15 115 129,570 - -_ = =- =_= 8 115 230,610 - 15 116 222,500 - 15- -== � == - == == _ �- GRAY LIMESTONE with numerous clay layers and weathered zones 20.0' 9 128 202,200 - 54 20- 25- _ _ Comp elion Depth Date Water Observations 20.0' 2/17/86 None Encountered 1, 11 1 11 Maxim Engineers LogLo Boring N B L 9 See Plan of Borings Pmmc Proposed Bridge Oakridge Drive Round Rock, Texas Samples , /! Symbol Penetrometer Blows/Foot or Tons/Sq Ft Type Intermittent and Core Sampling OOH Core Recovery Moisture Content % J Unit Dry Weight LbsJCu. Ft. pwn pmb!T Plastic Limit zepu! 6]!o!lse!d ene1S 00Z oN Bussed % Unconfined Compression LbsJSq Ft. Surface Elevation Unknown STRATUM DESCRIPTION 0.5' 6 inches Concrete Pavement LIGHT BROWN CLAY with limestone fragment 3.5' (CL) _ � = - - __= TAN LIMESTONE with numerous clay layers and extremely weathered zones 12.5' 5_ 981,545 448,545 — 88 10– - __= = == ___ = =-100 = =0.5" GRAY LIMESTONE with numerous clay layers and weathered zones 20.0' 15 83,701 — — – 65 135,727 — 20– 1 25– Comp etion Depth Date Water Observations 20.0' 2/17/86 None Encountered 1 11 11 Maxim Engineers Lo of Boring Numb Location Log 9 B3 See Plan of Borings Pwject roposed Bridge Oakridge Drive Round Rock, Texas logwAs seldwes Penetrometer rn Blows /Foot or a' Tons/Sq. Ft. Type Intermittent and Core Sampling % DOtl Moisture Content Unit Dry Weight Lbs✓Cu. Ft 1iwi1 pmbr 11. oltseId Plasticity Index eneiS 00Z ' 6wssed % Unconfined Compression Lbs✓Sq Ft. Surface Elevation Unknown STRATUM DESCRIPTION 4 inches Asphalt Pavement LIGHT BROWN CLAY with limestone fragment 7.0' (CL) 13 23 18 5 =_ = _- - C_ -100 TAN LIMESTONE with numerous clay layers and extremely weathered zones 19.0' 10— 10 — = == - -= _ 6.5 15— 42 — 20� __- l a� 20.0' GRAY LIMESTONE 25— Completion Depth Date 20.0' 2/17/86 Water Observations None Encountered 1 11 11 t 1 11 Maxim Engineers Symbols and Terms Used on Boring Logs Soil or Rock Types :• add ;n c\oM GRAVEL SAND SILT CLAY ORGANIC SANDY SILTY CLAYEY SANDSTONE rzz SHALE LIMESTONE CONGLOMERATE Shelb Tube Rock Core Split Spoon Auger Consistency of Cohesive Soils DESCRIPTIVE TERM Very Soft Soft Firm Stiff Very Stiff Hard Relative Density of Cohesionless Soils STD. PENETRATION RESISTANCE BLOWS /FOOT DESCRIPTIVE TERM RELATIVE DENSITY 0-10 Loose 0 TO 40% 10-30 Medium Dense 40 TO 70% 30-50 Dense 70 TO 90% OVER 50 Very Dense 90 T0100% Soil Structure CALCAREOUS Containing deposits of calcium carbonate: generally nodular SLICKENSIDED Having inclined planes of weakness that are slick and glossy in appearance. LAMINATED Composed of thin layers of varying color and texture. FISSURED Containing shrinkage cracks frequently filled with line sand or silt Usually more or less vertical INTERBEDDED Composed of altemate layers of different soil types. Physical Properties of Rock Hardness and Degree of Cementation VERY SOFT OR PLASTIC Can be remolded in hand. corresponds in consistency up to very stiff In soils SOFT Can be scratched with fingernail. MODERATELY HARD Can be scratched easily with knife: Cannot be scratched with fingernail. HARD Difficult to scratch with knife. VERY HARD Cannot be scratched with knife. POORLY CEMENTED OR FRIABLE Easily crumbled. CEMENTED Bound together by chemically precipitated material occurring in the interstices between allogenic particles of rock — quartz, calcite, dolomite, siderite and iron oxide are common cementing materials. Physical Properties of Rock Degree of Weathering UNWEATHERED Rock in its natural state before being exposed to atmospheric agents. SLIGHTLY WEATHERED Noted predominantly by color change with no disintegrated zones. WEATHERED Complete color change with zones of slightly decomposed rock. EXTREMELY WEATHERED Complete color change with consistency, texture, and general appearance approaching soil. Maxim Engineers Inc. Sampler Types UNCONFINED COMPRESSIVE STRENGTH (TON/SQ. FOOT) Less than 0.25 0.25 -0 50 0.50-1 00 1.00 -2,00 2.00-4.00 More than 4.00 No Recovery SOIL CLASSIFICATION SYSTEM MAJOR DIVISIONS SYM- BOLS TYPICAL NAMES COARSE GRAINED SOI LS (More than 50% of material is LARGER than No. 200 sieve size) GRAVELS (More than 50% of coarse fraction is LARGER than the No. 4 sieve size) CLEAN GRAVELS (Little or no fines) GW Well graded gravels, gravel - sand mixtures, little or no fines. GP Poorly graded gravels or gravel - sand mixtures, little or no fines. GRAVELS WITH FINES (Appreciable amt. of fines) GM Silty gravels, gravel - sand. silt m ixtures. GC Clayey gravels, gravel - sand • clay mixtures. SANDS More than 50% of coarse fraction is SMALLER than the No. 4 sieve size) CLEAN SANDS (Little or no fines) SW Well graded sands, gravelly sands, little or no fines. SP Poorly graded sands or gravelly sands, little or no fines. SANDS WITH FINES (Appreciable amt. of fines) SM Silty sands, sand -silt mixtures. SC Clayey sands, sand-clay mixtures. FINE GRAINED SOILS (More than 50% of material is SMALLER than No. 200 sieve size) SILTS AND CLAYS (Liquid limit LESS than 50) ML Inorganic silts and very fine sands, rock flour, silty or clayey fine sands or clayey silts with slight plasticity. CL Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, lean clays. OL Organic silts and organic silty clays of low plasticity. SILTS AND CLAYS (Liquid limit GREATER than 50) MH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts. CH Inorganic clays of high plasticity, fat clays. OH Organic clays of medium to high plasticity, organic silts. HIGHLY ORGANIC SOILS PT Peat and other highly organic soils. BOUNDARY CLASSIFICATIONS: Soils possessing characteristics of two groups are designated by combinations of group symbols. F' r' [1 Maxim Engineers Inc.