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
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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.
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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
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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
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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
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Gentlemen:
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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
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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 $ , ) $
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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
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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
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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
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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;
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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:
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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.
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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
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$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
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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.
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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
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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
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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.
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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.
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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,
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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.