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R-87-1028 - 8/13/1987TEXAS (N ATTEST: 411 // E LAND, City Secretary , RESOLUTION NO. /NW?, WHEREAS, the City has duly advertised for bids for street improvements to East Main Street; and WHEREAS, X T,CJDDd , submitted the lowest responsible bid; and WHE REAS, the Council wishes to accept the bid of ta, the necessary documents; Now Therefore Street. RESOLVED this day of , and to authorize the execution of BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the bid of 2.0. W is hereby accepted as the lowest responsible bid, and the Mayor is autho- rized and directed to enter into an agreement with Z .04 for the street improvements to East Main , 1987. MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: August 11, 1987 SUBJECT: Council Agenda, August 13, 1987 ITEM: 13A - Consider a resolution authorizing the Mayor to enter into a contract for the East Main Street CDBG Project. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Award the contract to W.L. Wood Excavation Company for $391,975.25. BACKGROUND: It is the opinion of Public Works and Haynie, Kallman, & Gray, Inc. that a project of this magnitude will stretch the equipment and personnel resources of the company. While Virginia Drive is their first reconstruction project and they have experienced difficulties in working around existing utilities, their references have been generally very good. We feel that by implementing bi- weekly construction meetings to monitor progress and construction techniques, W. L. Wood can successfully complete the job within the alloted time frame and budget. June 19, 1987 Mr. James R. Nuse, P.E. City of Round Rock 300 S. Blair Round Rock, Texas 78664 RE: 1985 Community Development Main Street - Circle Drive Street and Drainage Improvements Engineer's Recommendations Dear Jim: Bids were opened at 2 :00 p.m., Tuesday, June 16, 1987, for construction of Main Street - Circle Drive Street and Drainage Improvements. A total of eight (8) bids were received, the lowest bidder being W.L. Wood Excavating, in the amount of $391,975.25. A complete bid tabulation is enclosed. Based on a review of the bids received, it is our recommendation that the contract for construction of the Main Street - Circle Drive Street and Drainage Improvements be awarded to W.L. Wood Excavating in the bid amount of $391,975.25. Please advise as to the decision of the City Council so that we may proceed with execution of the contract documents. Should you have any questions, please feel free to call. Sincerely, HAYNIE KALLMAN & GRAY, INC. bit 103 - 1517 -38 HaYnie ray Inc. A. William Waeltz Project Manager AWW /jln Enclosure cc: Mr. Stephen K. Collins, P.E.; Haynie Hallman & Gray, Inc. Mr. James Domel; Haynie Hallman & Gray, Inc. 12303 Technology Blvd., Suite Austin, Texas 78727 (512) 250 -8811 Civil Engineering Consultants Municipal Engineering Land Planning Surveying RECEIVED JUN 2 4 1917 205 Greenridge Drive Hutto, Texas 78634 (512) 251 -5020 June 19, 1987 Mr. Bill Waeltz Haynie, Kaltman & Gray 12303 Technology Blvd. Austin, Texas 78727 Re: Main Street, Round Rock, Texas Dear Mr. Waeltz: W. L. Wood Excavation has been operating under the aforesaid name for seventeen (17) years. The permnament address is 205 Green - ridge Drive, Hutto, Texas 78634 and the phone number for the business office is 512- 251 -5020 and the phone number for the office trailer is 512- 335 -7442. W. L. Wood Excavation is a sole owned company by Mr. W. L. Wood. Bank credit available and financial questions can be answered by Mr. Denny Holt with Allied Bank North Austin, 10400 Reasearch Blvd. Austin, Texas 78759, 512- 346 -0660. W. L. Wood Excavations management team is made up of the following personnel having a combined experience of 94 + years: Mr. W. L. Wood, owner Mr. David Wood, Superintendent Mr. Mark Wccd, Superintendent Mr. Robert Jordan, Estimator Mr. David Wagner, Proj. Manager A financial statement can be obtained if the job requires one. Also Credit references and work references will be supplied upon request. If you need any other information please contact me at your convience. Sin rely; / Owne evcao )C8 CceE LOYD WOOD, OWNER As of June 19, 1987: PROJECT: Northwest Crossing Phase Northwest Crossing Phase William Cannon Extension Vista Oaks Channel A Virginia Drive, Street & CURRP WORK LOAD 1, Water & Wastewater 6 -30 -87 Phase 1, Street & Drainage 7 -15 -87 7 -31 -87 Drainage 8 -15 -87 RECE 4ED c if 1 "d6 EST. COMPLETION DAT'E 1, Street & Drainage 6 -30 -87 E35D, 000 ! rt Z oo Zoe a It 7j mm0 EQUIPMENT LIST 1 621 Pale Wheel Scraper 2 TS14 Terex Scrapers 1 Komatsu D75S '_rack Loader 1 Komatsu D57S Track Loader 1 Cat. 950 Rubber Tired Loader 1 Dresser 540 Rubber Tired Loader 1 Cat. D8K Ripper Dozer 1 TD15E Dozer 1 Komatsu 605 Maintainer 1 Cat. 140 Maintainer 1 Komatsu PC 400 Excavator 1 Komatsu PC 150 Excavator 1 John Deere 410 Backhoe 1 800 Veneer Rock Saw 1 642 Bobcat 1 3 Axle Fold Down Goose Neck Lowboy 1 Kenworth Tractor With Winch 1 2 Axle Hobbs Trailer Dump 1 18 Yard Ford Dump Truck 2 2000 Gallon Water Trucks 1 8 x 20 Office Trailer 3 Transits 2 Grade Levels 2 Pipe Lazers Misc. Pimps, Blowers, Compressors, & Small Tools RECEIVE :0 JUN w 4 I9f37 06,'12727 HAYNIE KALLMAN 4 GRAY, INC. - BID TABULATIONS PROJECT: 1985 COG MAIN STREET - CIRCLE DRIVE DESCRIPTION: STREET AND DRAINAGE IMPROVEMENTS OWNER: CITY OF ROUND ROCK 708 NUMBER: 103 - 1517 - 38 FILE: 82:1985CD0 000 DATE: JUNE 16, 1987 a 2:00 F.M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM N0. DESCRIPTION RECEI1i.E0 Jun a 4 l C7 M.L. MOOD EXCAVATION J.C. EVAN5 EXCAVATION CAPITAL EXCAVATION UNIT UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 . 8' WATER MAIN L.F. 8,365 €16.00 €133,840.00 115.00 €125,475.00 €16.50 €138.022.50 2 . 6' WATER MAIN - L.F. 110 313.00 11,430.00 $13.00 €1,430.00 $13.00 €1,470.00 2' SERVICE LINE L.F. 135 $9.00 31,215.00 012.00 $1,620.00 $12.50 €1,68, 50 4 . 1' SERVICE LINE L.F. 828 86.00 $4,968.00 $11.50 39,522.00 $10.40 18,611. 5 . 3/4' SERVICE LINE L.F. 12 $55.00 $660.00 111.25 €135.00 $11.00 $132.00 6 . 8' TAPPING SLEEVE AND VALVE EA. 1 $925.00 $925.00 81,625.00 $1,625.00 €1,500.00 31,500.00 7 . 6' TAPPING SLEEVE AND VALVE EA. 4 $400.00 €1,600.00 31,425.00 $5,700.00 31,250.00 35,000.00 8 . 8' BATE VALVE EA. 18 $575.00 110,350.00 $500.00 19,000.00 €490.00 38,820.00 9 . 6' BATE VALVE EA. 16 €450.00 17,200.00 $450.00 €7,200.00 $410.00 $6,560.00 10 . 4' GATE VALVE EA. 1 $325.00 $325.00 $400.00 $400.00 $310.00 €310.00 11 . 2' VALVES EA. 3 $125.00 $375.00 $350.00 31,050.00 $260.00 €780.00 12 . 5 -1/4" FIRE HYDRANT EA. 10 1950.00 $9,500.00 11,065.00 110 650.00 $970.00 $9,700.00 13 . FIRE HYDRANT V.F. It $200.00 $2,200.00 $200.00 $2,200.00 $260.00 €2,660.00 14 . WATER VALVE BOXES TO BE ADJUSTED EA. 6 €100.00 0600.00 $60,00 $360,00 11005.00 0630.00 15 . RELOCATE WATER METER. £A. 1 €260.00 0260.00 $200.00 0200.00 0160.00 1160.00 16 . CAST IRON FITTINGS 10, 5.1215 €2,100.00 310,755.15 02,600,00 513,315.90 02,700.00 413,828.05 17 . 6' WASTEWATER LINE L.F. 235 $10.00 $2350.00 $17.00 33,995.00 119.50 14,582,10 18 . WASTEWATER MANHOLE EA. 1 $1,000.00 $1,000.00 $1,100.00 $1,100.00 $1,250.00 01,250.00 19 . EXISTING MANHOLE TO 8E ADJUSTED EA. 1 8475.00 €475.00 $300.00 €300.00 1310.00 $310.00 20 . 18' RCP L.F. 630 $18.00 111,340.00 $16.50 $10,395.00 €24.70 115,561.10 21 13' X 22° 2508 L.F. 108 $14.75 11,593.00 $15.00 $1,620.00 115.00 $1,620.00 22 . 12' CMP L.F. 1,187 811.25 €13,353.75 $16.00 318,992.00 0100.00 411,870.00 23 . EX5T. 18" RCP REMOVED 0 REPLACED L.F. 35 $16.00 8560.00 $18.00 $630.00 $16.00 $560.00 24 . CONCRETE RIP -RAP HEADWALL EA. 3 $725.00 02,175.00 $420.00 $1,260.00 1190.00 0577.00 25 . PILOT CHANNEL L.F. 1,695 $9.00 015,255.00 $6.65 $11,271.75 $7.00 311,665.00 26 . SPECIAL DROP INLETS EA. 3 $1,400.00 $4,200.00 $765.00 02,295.00 1490.00 31,470.000 27 . STANDARD STORM SEWER MANHOLES EA. 1 $1,000.00 $1,000.00 $1.180.00 $1,180.000 €1,030.00 51,030.00 28 . GRADE AND RESHAPE DITCH L.F. 250 $2.00 $500.00 $1.50 3375.00 35.00 81,250,00 29 . 2-1/2' ASPHALT S.Y. 10,540 $4.40 146,376.00 $4.20 144,268.00 $4.00 $42.160.00 30 . 1 -1 /2' ASPHALT S.Y. 5,278 43.20 $16,889.60 $3,00 $15,834.00 € $21,619.80 31 . 10-1/2' BASE S.Y. 10,540 14.00 $42,160.00 $3.60 137,944.00 13.50 136,090.00 32 . UNCLASSIFIED STREET EXCAVATION S.Y, 12,157 11.00 $12,157.00 33.25 $39,510.25 $2.90 135,255.30 STANDARD CURD L.F. 985 €6.00 $5,910.00 $4.80 44,728.00 $4.25 €4,186.25 34 . HEADER CURB L.F. 909 $5.75 35,226.75 $4.10 01,726.90 $4.25 $7.063.25 35 . 910EWALO S.Y. 466 518.00 48,188.00 $17.65 18,224.90 115.40 07,176.40 36 , HANDICAP 00885 EA. 6 $200.00 01,200.00 €190.00 01,140.00 1215.00 $1,290.10 37 . 3' GRAVEL SHOULDER S.Y. 1,008 $2.00 02,016.00 $4.10 $4,132.80 $5.00 15,040.00 30 . ASPHALT 0AVMNT. 8090001 0 REPLAC, L.F. 185 $3.50 $647.50 $3.30 $610.50 $3.50 $647.50 39 . GRAVEL DR. REMOVAL 0 REPLACEMENT L.F. 201 01.00 $201.00 $3.10 3623.10 €3.50 1703.50 40 . SIDEWALK REMOVAL S.Y. 51 $1.00 351.00 $3.00 $15:.00 $10.20 3510.00 41 . CONCRETE DRIVE S.Y. 106 $30.00 11,180.00 026.75 12,835.50 422.00 32,332.00 42 . FENCE REPAIR L.F. 40 112.00 $480.00 $5.00 $200.00 $9.00 1360.90 43 . SIGN TO BE RELOCATED EA. 1 860.00 460.00 5100.:30 $100.00 0157.::0 $15.00 44 . ASH. DRVMAY. INC. BASE 0 GRADING 5.Y. 917 37.00 87,027.50 $5,17 $4,778. 10 :5 48,66 TOTAL ESTIMATE 00 2081 $3q1,975.25 4412,106.30 €452..041.00 FADS 1 061 PROJECT: 1985 CDB MAIN STFfET-CIRCLE DRIVE DESCRIPTION: STREET AND DRAINAGE IMPROVEMENTS OWNER: CITY OF ROUND ROCK JOB NUMBER: 103-1517-38 FILE: 82:1985CDG BID DATE: JUNE 16. 1987 8 2:30 P.M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM NO. DESCRIPTION RECEIYtUU n 2 4 198? HAYNIE KALLMAN 4 GRAY, INC. - BID TABULATIONS PAGE 2 AUSTIN ENGINEERING CO. SMITH EXCAVATING 4 PAVING PAT CANTON EXCAVATING UNI7 UNIT UNIT UNIT QUANTITY PRICE .AMOUNT PRICE AMOUNT PRICE AMOUNT 1 . 8' WATER MAIN L.F. 8,365 014.40 $120,456.00 418.00 $150,570.00 $18.00 $150,570.00 6' WATER MAIN L.F. 110 $12.00 $1,320.00 $15.50 $1,705.00 $15 .00 31,650.00 " .3ERVICE LINE L.F. 135 $9.00 $1,215.00 $15.00 $2,025.00 812.00 £1.620.00 4 . 1° SERVICE LINE L.P. 828 $8.00 86,624.00 810.00 48,200.00 $12.00 85,936.00 5 . 3!4" SERVICE LINE L.F. 12 $7.50 $90.00 $7.00 $84.00 $20.00 5240.00 6 . 8° TAPPING SLEEVE AND VALVE EA. 1 $1,400.00 81.400.00 $1,500.00 $1,500.00 82,000.00 32,000.E00 7 . 6' TAPPING SLEEVE AND VALVE EA. 4 $1,200.00 $4,800.00 $1,200 .00 $4,800.00 $1,800.00 $7,200.00 8 . 8' GATE VALVE EA. 18 $520.00 $9,360.00 $500.00 $9,000.00 $800.00 $14,400.04' 9 . 6' GATE 'VALVE EA. 16 $400.00 $6,400.00 8350.00 $5,600.00 $600.00 89,600.00 10 . 4' GATE VALVE EA. 1 $330.00 $330.00 $350.00 $350.00 $400.00 $400.00 21 . 2' VALVES EA. 3 $240.00 $720.00 $180.00 $540.00 4200.00 $600.00 12 . 5 -114° FIRE HYDRANT .E4. 10 $1,060.00 $10,600.00 41,250.00 812,500.00 $1,000.00 810,000.00 13 . FIRE HYDRANT V.F. 11 80.00 $0.00 $100.00 $1,100.00 $240.00 $2,640.00 14 • WATER VALVE BOXES TO BE ADJUSTED ER. 6 $200.00 $1,200.00 $150.00 $900.00 8150.00 $900.00 15 • RELOCATE WATER. METER EA. 1 $200.00 $200.00 81,500.00 $0,500.00 $600.00 $600,00 16 . CAST IRON FITTINGS TN. 5.1215 $2,000.00 $10,243.00 $1,500.00 $7,682.25 42,000.00 $10.243.00 17 . 6' WASTEWATER LINE L.F. 235 434.00 $7,990.00 $13.00 $3,055.00 $20.00 $4,700.00 18 • WASTEWATER MANHOLE EA. 1 $1,200.00 $1,200.00 82,000.00 $2,000.00 $1,500.00 41,500,00 19 • EXISTING MANHOLE TO BE ADJUSTED EA. 1 $400.00 $400.00 40.200.00 $1,200.00 8250.00 $250.00 20 • 18' RCP L.F. 630 $32.00 $20,160.40 $21.30 813,419.00 $20.00 $12,600.00 21 • 13' X 22' CHAP L.F. 108 810,00 $3,240.00 818.00 $1,944.00 $13.010 41,404.00 2 2 . 12' CMP L.F. 1,187 $22.00 $26,114.00 $18.00 421,366,00 $12.00 414,244,00 23 . EXST. 18' RCP REMOVED 6 REPLACED L.F. 35 $76.00 81,260.00 $42.00 $1,470.00 $25.00 $875.00 24 . CONCRETE RIP -RAP HEADWALL EA. 3 5800.00 $2,400.00 $1,500.00 $4,500.00 81,000.00 83,000.00 25 . PILOT CHANNEL L.F. 1,695 $6.00 810,170.00 $5.00 $8,475.00 $5.00 $8,475.00 26 . SPECIAL DROP INLETS EA. 3 81,030.00 43,090.00 $1,500.00 $4.500.00 $1,000.00 73,000.00 27 , STANDARD STORM SEWER MANHOLES EA. 1 $1,200.00 81.200.110 $1,750.00 $1,750.00 81,200.00 $1,200.00 28 . GRADE AND RESHAPE DITCH L.F. 250 $5.00 $1,250.00 $3.00 8750.00 $10.00 $2,500.00 29 . 2-112' ASPHALT S.Y. 10.540 04,40 $46,376.00 $4.90 451,646.00 $4.00 $42,160.00 30 . 1 -112' ASPHALT S.Y. 5,278 $4.15 $21,903.70 $3.00 115,834.00 $3,00 $15,834.00 31 . 10-1/2' BASE ... 00,540 $5.50 357,970.00 $4.95 $52,173.00 $5.00 052,700.00 '2 . UNCLASSIFIED STREET EXCAVATION S.Y. 12,157 83.25 $39,510.25 $2.25 $27,353.25 85.00 860,785.00 33 . STANDARD CURB L.F. 485 $6.25 $6,156.25 $5.50 85,417.50 $0,00 57,880.00 34 . HEADER CURB L,F. 909 85.65 $5,135.55 $5.00 54,545.00 £6,00 $5,454,00 75 . SIDEWALK S.Y. 466 418.65 58,600,90 $18.50 18,021.00 $16.00 $7,456,00 36 . HANDICAP 04005 EA. 6 $230.00 81,380.00 8200.00 $1,200.00 $250.00 51,500.00 37 , 3' GRAVEL SHOULDER S.Y. 1,008 02.50 $2,520.00 $4.57 $4,606.56 $5.00 $5,040.00 38 . ASPHALT PAVMNT. REMOVAL A REPLAC. L.F. 185 48.00 $1,480.00 $12.00 $2,220.00 $10.00 41,850.00 39 . GRAVEL DR. REMOVAL 1 REPLACEMENT L.F. 201 $1.50 $301.50 $15.00 $3.015.00 $8.00 $1,608.00 40 . SIDEWALK. REMOVAL 5.0, 51 $7.50 8302.50 $9.00 8459.00 $10.00 $510.00 41 . CONCRETE DRIVE S.Y. 106 $30.50 $3,233.00 $27.00 $2,862.00 $27.00 $2,862.00 42 . FENCE REPAIR L.F. 40 $10.00 $400,00 $5.50 $220.00 $10.00 $400.00 43 . SIGN TO BE RELOCATED EA. 5100.00 8000.00 $75.00 875.00 4500.00 $500, 44 . ASH. DRuNAY. INC. 0400 1 SPADING 0,Y. 927 $6.10 55,622.00 $10.00 $9,370.00 $10.00 $9,370.60 TOTAL ESTIMATE OF COST $454,503•95 4462,182.56 8402,2256.00 06/18/07 HAYNIE KALLMAN & GRAY, INC. - BID TABULATIONJS PROJECT: 1995 C54 MAIN STREET-CIRCLE DRIVE DESCRIPTION: STREET AND DRAINAGE IMPROVEMENTS OWNER, CITY OF ROUND ROCK J09 NUMBER: 103-1517 -38 FILE: 82:1985106 BID DATE: JUNE 16, 1987 8 2:00 F.M. PROJECT LOCATION: ROUND ROCK, TEXAS ITEM NO. TOTAL ESTIMATE OF COST DESCRIPTION 6AREY CONSTRUCTION CO. LEWIS CONTRACTORS UNIT UNIT UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 . 8' MATER MAIN L.F. 8,365 $19.99 $156,379.85 $23.10 5193,231. 50 2 . 6' WATER MAIN L.F. 110 $11.000 $1,210,00 $20.30 $2,233.00 3 . 2' SERVICE LINE L.P. 135 $6.00 $810.00 $15.95 $2,153.25 4 . 1' SERVICE LINE L.F. 828 55.00 54,140.00 $15.15 $12,544.20 5 . 3/4' SERVICE LINE L.F. 12 $5.00 $60.001 614.55 5175.80 6 . 8' TAPPING SLEEVE AND VALVE EA. 1 $1,200.00 91,200.000 $1,200.00 $1,200.00 7 . 6' TAPPING SLEEVE AND VALVE EA. 4 $1,000,00 $4,000.00 $984.85 $3,939.40 8 . B' GATE VALVE EA. 1B $500.00 $9,000,00 8588,00 510,584.00 9 . 6' GATE 'VALVE EA. 16 9400,00 $6,400.00 $465.50 #7,448.00 10 . 4' GATE 'VALVE EA. 1 $200.!70 $300.00 $406.50 $406,50 11 . 2' VALVES EA. 3 9200.00 $600.60 8257.00 $771.00 12 . 5 -1/4' FIRE HYDRANT EA. 10 $1,000.00 $10,000,00 $1,238.30 $12,383.00 13 . FIRE HYDRANT V.F. 11 $225.00 $2,475.00 $276.30 $3,039.30 14 . WATER VALVE BOXES TO OE ADJUSTED EA. 6 $175.00 $1,050.00 $195.00 $1,170.00 15 . RELOCATE MATER METER EA. t 8300.00 8300.00 $364,60 $364,60 16 . CAST IRON FITTINGS TN. 5.1215 81,500.00 $7,682.25 $2,148.50 $11,003.54 17 . 6' WASTEWATER LINE L.P. 235 $14.50 $3,407.50 $24.05 $5,651.75 18 . WASTEWATER MANHOLE EA. 1 *1,000.00 $1,000,00 81,501.15 51,50 1.15 19 . EXISTING MANHOLE TO BE ADJUSTED EA. 1 $175.000 *175.01/! $32$.40 *329,40 20 . 18' RCP L.F. 630 $18.00 $11,340.00 $23.70 $14,931.00 21 . 13' 0 22' CHAP L.F. 108 $15.00 81,620.00 #30.50 *3,294.00 22 . 12' CMP L.F. 1,187 *12.00 $14,244.00 $19.20 922,790.40 23 . EXST. 18' RCP REMOVED 4 REPLACED L.P. 35 $20.00 $700.00 #32.00 #1,120.00 24 . CONCRETE 419-409 HEADWALL EA. 3 $900.00 52,700.00 5270.30 $834.90 25 . PILOT CHANNEL L.F. 1,695 $4.00 86,780.00 $4.70 $7,966,50 26 . SPECIAL DROP INLETS EA. 3 $2,000.00 $6,000.00 $1,614.15 $4,842,45 27 . STANDARD STORM SEWER MANHOLES EA. 1 $1,000.00 $1,000.00 $1,225.00 $1,221,00 28 . GRADE AND RESHAPE ➢ITCH L.F. 250 $4.00 34000,$10 $1.65 $412,50 29 . 2 -1/2' ASPHALT S.Y. 10,540 $4,25 $44,795.00 $4.35 $45.849,00 30 . 1-I /2" ASPHALT 5.9, 5,278 $4.000 $21,112,00 $3.15 $16,625.70 31 . 10 -1/2' BASE S.Y. 10.540 $5.75 $60,605.00 $5.15 $54,281,00 32 . UNCLASSIFIED STREET EXCAVATION S.Y. 12,157 $5.75 569,402,75 $4.20 $51,059.40 33 . STANDARD CURB L.F. 985 $6.00 $5,410.00 $4,80 $4,728,00 34 . HEADER CURB L.F. 909 $6.00 $5,454.00 $4.45 $4,045.05 35 . SIDEWALK S.Y. 466 518.00 $8,388,00 $16,50 $7,689.00 36 . HANDICAP RAMPS EA. 6 $300.00 $1,800.00 8111.30 4667.80 37 . 3' GRAVEL SHOULDER S.Y. 1,008 $5,45 $5,493,60 $2.40 $2,419.20 3B . ASPHALT PAVMNT. REMOVAL 5 REPLAC. L.F. 185 $12.50 $2,312.50 $5,60 $1,036,00 39 . BRAVEL 0R. REMOVAL 0 REPLACEMENT • L.F. 201 $5,00 51,005.00 $7,85 $1,577,85 40 . SIDEWALK REMOVAL S.Y. 51 $10.00 5510.00 $2.65 5135.15 41 . CONCRETE DRIVE S.Y. 106 $29,25 83, 1110.50 $29.00 $3,074,00 42 . FENCE REPAIR L.F. 40 $10.00 $400.00 $1.35 *134.00 43 . SIGN TO BE RELOCATED EA. 1 $309.00 f3 +Jl1.10 Yi!,00 $0.00 44 . A5PH. DRVWAY. INC. BASE 4 GRADING S.Y. $12 00 $01,244,1 $7,65 47,160.05 *507,903. 1524,031," E :'v'.: , PAGE 3 Haynie Kallman& Gray, Inc. Consulting Engineers 10l2 THE CITY OF ROUND ROCK 1985 COMMUNITY DEVELOPMENT GRANT, ND. 5705480 MAIN MEM- CIRCLE DRIVE STREET AND DRAINAGE IMPROVEMENTS C NTRACT DOCUMENTS AND SPECIFICATIONSS BR &G JOB ND. 103 -1517 Bids will be received at the City of Round Rock, 214 East Main Street, Round Rock, Texas 78664 until 2:00 p.m., Tuesday, June 16, 1987 Specification No. Haynie m 6 neers , Inc. Eng Austin, Texas 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � ng rs v>r. JUNE 11, 1987 ADDENDUM NO. 1 1985 COMMUNITY DEVELOPMENT GRANT NO. S705480 MAIN STREET - CIRCLE DRIVE STREET AND DRAINAGE IMPROVEMENTS Addendum No. 1 to the Plans, Specifications and Contract Documents for the "Main Street - Circle Drive Street and Drainage Improvements" project for the City of Round Rock. 1. Replace pages SC24, SC25, SC26, and SC27 in the specifications with the attached updated wage determinations. 2. All bidders shall acknowledge receipt of Addendum No. 1 on Page 2 of 10 of the Proposal. ADDENDUM NO. 1 - 1/1 12303 Technology Blvd., Suite] Austin, Texas 78727 (512) 250 -8611 Civil Engineering Consultants Municipal Engineering land Planning Surveying REQUEST TO t FORWARDED TO: Texas Department of Community Affairs Community Development & Housing Division Labor Standards Specialist ATTENTION: Texas Community Development Program 8317 Cross Park Drive Austin, Texas 78754 -5124 6 -38 - SC - 24 ATTACHMENT 6 -8 TCDP WAGE RATE DETERMINATION REQUEST 7 tDCA CONTRACT NURSER S705480 R7NASE X DR PARCEL -,LOCATION Main Street cm Round Rock COUNTY Williamson ESTIMATED COST Or CONSTRUCTION /REMODELING $710 250.00 - DESCRIPTION or PROGRAM ACTIVITY; MOUSING /REHAB MODERNIZATION PUBLIC FACILITIES X ECONOMIC DEVELOPMENT OTHER IF mso DER m on DECISION NUMBER. TX85 -4039 DATE. Nay 1986 DESCRIPTIO or sOIBC:Amic sreciric) Water and sewer facilities. street improvements and flood and drainage facilities TYPE Or CONBT UCT1ON /BUILDING: cOStRCIAL RESIDENTIAL HEAVY X HIGHWAY X TYPE OF MATERIAL IN CONSTRUCTION: FRAME MASONRY . OTRER asphalt NUMBER OF STORIES: NA NISSER OF (.NITS: NA ELEVATOR REQUIRED? no IF DEMOLITION STATE WHETHER: IES I DENT I AL COMMERCIAL NO. OF STORIES PARKING AREA NA ND. OF SPACES PAVING REQUIRED EXCAVATION ye4 LAND CLEARING nn LANDSCAPING yes COMMENTS: nnnp EST. ADVERTISING DATE April 1987 EST. START or CONSTRUCTION June 1987 APPROXIMATE DATE CONTRACT TO SE AWARDED may 1987 PERSON REQUESTING DETERMINATION Gi15nn Westbrook TELEPHONE 214/489 -2220 AGENCY Gilson Westbrook & Associates ADDRESS P.O. Box 2087 Malakoff. TX 75148 DATE 2/27/87 I-, s- !;;•,R 3 1937 • TELEPHONE, 512- 834 -6030 NOTE: Request for a wage determination or a record of a wage decision must be ordered 60 to 90 days prior to start of construction or the award of the contract. U.S. Department of Labor APPROVED: Vol. 11 GENERAL WAGE DECISION NO. TXB7 -43 Supercedes General Wage Decision No. TX86 -43 State: TEXAS County(ies): Hays. Travis & Williamson* Counties Construction Type Heavy & Highway Construction Description: Heavy (excluding tunnels & dams) and Highway Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN WILLIAMSON COUNTY. Modification Record: No. Publication Date Page No.(s) NOTE: THE ATTACHED WAGE RATES ARE APPLICABLE TO THE CITY OF ROUND ROCK WATER MAINS, STREET RECONSTRUCTION, CONCRETE DRAINAGE CHANNELL AND RELATED APPURTENANCES CONSTRUCTION CONTRACT WORK * * * ** FUNDED UNDER THE TEXAS COMMUNITY DEVELOPMENT PROGRAM, TDCA CONTRACT . s �� 44_4 , .._ms ANNE • 1TH =•R STANDARDS SPECIALIST, TOCA, CITY AND COUNTY ASSISTANCE DIVISION 1049 SC -25 MARCH 25, 1987 DATE NUMBER 8705480 (1 OF 3) Vol. II ASPHALT HEATER OPERATOR ASPHALT RAKER CARPENTER CARPENTER HELPER CONCRETE FINISHER (PAVING) CONCRETE FINISHER HELPER (PAVING) CONCRETE FINISHER (STRUCTURES) CONCRETE FINISHER HELPER (STRUCTURES) FORM BUILDER (STRUCTURES) FORM BUILDER HELPER (STRUCTURES) FORM SETTER (PAVING & CURB) FORM SETTER (STRUCTURES) FORM SETTER HELPER (STRUCTURES) LABORER. COMMON LABORER, UTILITY MECHANIC MECHANIC HELPER PAINTER (STRUCTURES) PAINTER HELPER (STRUCTURES) PIPELAYER PIPELAYER HELPER BLASTER BLASTER HELPER REINFORCING STEEL SETTER (STRUCTURES) REINFORCING STEEL SETTER HELPER STEEL WORKER (STRUCTURAL) SPREADER BOX MAN POWER EQUIPMENT OPERATORS: Asphalt Distributor Asphalt Paving Machine Broom or Sweeper Operator Bulldozer 150 HP & Less Bulldozer over 150 HP Crane, Clamshell, Backhoe, Derrick, Dragllne, Shovel (less than 1 1/2 CY) Crane, Clamshell, Backhoe, Derrick. Dragline, Shovel (1 1/2 CY & Over) Form Loader Foundation Drill Operator (Crawler Mounted) Foundation Drill Operator (Truck Mounted) Front End Loader (2 -1/2 CY & less) Front End Loader (Over 2 1/2 CY) Mixer (16 CF & Less) Motor Grader Operator, Fine Grade Motor Grader Operator Roller. Steel Wheel (Plant -Mix Pave- ment) Roller, Steel Wheel (Other -Flat Wheel or Tamping) Roller, Pneumatic (Self - Propelled) 1050 SC -26 Basic Hourly Rates 5.40 6.80 7.70 6.10 7.95 6.50 7.60 5.90 6.40 5.30 6.00 7.00 5.80 5.30 6.20 9.25 6.80 12.50 7.45 6.00 5.30 8.00 5.75 8.45 5.95 15.00 6.35 6.70 7.65 6.25 7.25 8.40 8.40 9.50 6.20 9.50 9.45 7.00 7.40 8.50 10.15 8.90 6.80 5.95 5.90 (2 OF 3) NOTE: THE ABOVE WAGE RATES ARE APPLICABLE TO THE CITY OF ROUND ROCK - WATER MATHS, STREET RECONSTRUCTION, CONCRETE DRAINAGE CHANNELL AND RFT,4TFT) APPTTRTFNANCFS CONSTRUCTION CONTRACT WORK * * * * * * * * **. FUNDED UNDER THE TEXAS COMMUNITY DEVELOPMENT PROGRAM, TDCA CONTRACT NUMBER S709480 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 U.S. Department of Labor V01. II T)(87 -43 Scrapers (17 CV & Less) Side Boom Tractor (Crawler Type) 150 HP & Less Tractor (Crawler Type) Over 150 HP Tractor (Pneumatic) BO HP & Less Wagon Drill, Boring Machine or Post Hole Driller Operator TRUCK DRIVERS: Single Axle, Light Single Axle, Heavy Tandem Axle or Semi - trailer WELDER 10 51 SC -27 6.40 7.10 7.00 7.40 7.75 6.00 5.95 6.10 6.30 9.50 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided to the labor standards contract clauses (29 CFR, 5.5 (a) (1) (11)). NOTE: THE ABOVE WAGE RATES ARE APPLICABLE TO THE CITY OF ROUND ROCK WATER MAINS, STREET RECONSTRUCTION, CONCRETE DRAINAGE CHANNELL AND RELATED APPURTENANCES CONSTRUCTION CONTRACT WORK * * * * * ** FUNDED UNDER THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. TDCA CONTRACT NUMBER S705480 (3 OF 3) INDEX OONPRACT DOCUMENTS TITLE SHEET TABLE OF CONTENTS NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS PROPOSAL AND BIDDING SHEET PGREESEST PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CERTIFICATE OF INSURANCE INFORMATION REQUIRED OF LOW BIDDER GENERAL CONDITIONS OF AGREDIENT SPECIAL CONDITIONS OF AGREEMENT TECHNICAL SPECIFICATIONS BASIS OF MEASUREMENT AND PAYMENT GEOTE LAICAL INVESTIGATION NDIICE TO CONTRACTORS FROM THE CITY WUWIL OF THE CITY OF ROUND ROCK, TEXAS 1985 CO[M7UN1PY DEVELOPMENT GRANT, ND. S705480 MAIN STREET - CIRCLE DRIVE STREET ADD DRAINAGE IMPI()VE4ENTS Sealed bids, in envelopes addressed to The City of Rotund Rock, 214 E. Main Street, Round Rock, Texas 78664 will be received at the above mentioned address until 2:00 p.m., Tuesday, June 16, 1987, and then publicly opened and read, for furnishing all labor, material and equipment and performing all work required for the construction of Main Street - Circle Drive - Street and Drainage Improvements, 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 Main Street - Circle Drive - Street and Drainage Improvements to be opened at 2:00 p.m., Tuesday, June 16, 1987." 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, or a bid bond in the same amount fran 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 retaining 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 canpany 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. Attention is called to the fact that not less than the federally determined prevailing wage rate, as issued by the Texas Department of Community Affairs and as set forth in the Contract Documents, must be paid an this project,' and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. Page 1 of 2 In addition, if the prime contractor is not a minority -owned business, the prime contractor shall ensure that at least fifteen percent (15%) of the funds subcontracted under this contract are awarded to minority businesses. In the event that the prime contractor does not subcontract any portion of the construction work funded under this contract, the prime contractor shall ensure that at least fifteen percent (15%) of the work force employed by such prime contractor is composed of minority group members. For the purpose of definition, the following words and terms shall have the following meanings: 1. "Minority Business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, if at least 50% of the business is owned by minority group members or, in the case of a corporation, at least 51% of its shares are owned by minority group members. 2. "Minority Group Members" are Black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans, American Indians, Pacific Islanders, and Alaskan Natives. 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. Plans, specifications and bidding documents may be secured from the office of the Engineer, Haynie Rallman & Gray, Inc., after June 4, 1987, for a non - refundable fee of fifty dollars ($50.00) per set. Plans and specifications may be examined at the office of the Engineer, Haynie Rallman & Gray, Inc., 12303,) Technology Boulevard, Austin, 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 Rallman & Gray, Inc., and obtain clarification prior to submitting any bid. Prequalification Require:ents: The bidder is to submit information regarding his qualifications with this bid in accordance with instructions contained in the Bid Form. Minimum Wage Scale: As specified and regulated by the State of Texas and the Federal Government. The improvements shall be completed within 180 calendar days after Notice to Proceed from the Owner. Page 2 of 2 INSTRUCTIONS TO BIDDERS ENIMAL 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 and shall be identified as follows: "BID FOR 1985 CDG #5705480 - MAIN STREET /CIRCLE DRIVE - STREET AND DRAINAGE IMPROVF2lENTS to be opened at 2:00 P.m., June 16, 1987." 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. pISOUALIFICATION 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. FETURN OF PROPOSAL GUARANTEES 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. A11 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 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 within ten (10) days of the written Notice of the Award. Failure or refusal to enter into a contract as herein provided, or to conform 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 The bid must be accompanied by a Bid guaranty which shall not be less than five percent (5 %) of the amount of the Bid. At the option of the Bidder. the guaranty may be a certified check, bank draft, negotiable U.S. Government Bonds (at par value), or a bid bond in the form attached. The Bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such Bid bond shall be within the maximum amount specified for such Company in said Circular 570. No Bid will be considered unless it is accompanied by the required guaranty. Certified check or bank draft must be made payable to the order of City of Round Rock. Cash deposits will not be accepted. The Bid guaranty shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. 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 must be supported by a statement of the bidder's experience, on the form entitled "Information Required of Low Bidder ". bound herein. BIDDER'S EXAMINATION OF 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 bide 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. WAGES AND SALARIES a. Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. See GENERAL CONDITIONS, PART II. b. The rates of pay set forth under GENERAL CONDITIONS, PART II, are the minimums to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Page 3 of 3 PROPOSAL TO THE CITY OF ROUND ROCK FOR THE CONSTRUCTION OF 1985 CDG 45705480, MAIN STREET - CIRCLE DRIVE STREET AND DRAINAGE IMPROVEMENTS 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 may be increased to cover additional work ordered by the Engineer; but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered._ It is understood and agreed that the work is to be completed within the time herein stated. The undersigned bidder agrees to commence work within seven (7) days after written Notice to Proceed has been given. ACKNOWLEDGEMENT OF PAYMENT ITEMS The undersigned acknowledges that the foregoing bid items are the only items of payment under this contract and that his bid price under these Page 1 of 10 items reflects the complete charges for furnishing all labor, material, and equipment to complete the project as outlined in the plans, specifications, and contract 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 one hundred eighty (180) 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 1 June 11, 1987 Page 2 of 10 1 PROPOSAL BIDDING SHEET 'ONTRACT: 1985 C.D.G. STREET AND DRAINAGE IMPROVEMENTS 'FOB NAME: MAIN STREET - CIRCLE DRIVE JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS I NNER: CITY OF ROUND ROCK It ursuant to the foregoing Notice to Contractors and Instructions to idders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, IE aterials, insurance and miscellaneous items, to complete all the work on hich he bids as provided by the attached supplemental specifications, and s shown on the plans for the construction of 1985 C.D.G. Street and Drainage Improvements - Main Street /Circle Drive and binds himself on I cceptance of this proposal to execute a contract and bond for completing aid project within the time stated for the following unit prices, to -wit: BASE BID I id Item Description Unit tem Quantity Unit and Written Unit Price Price Amount 1 8,365 L.F. 8" Water Main, complete in place, I per linear foot for Sixteen Dollars and No Cents $ 16.00 $133,840.00 1 1 2 1 1 3 1 1 1 1 1 110 L.F. 6" Water Main, complete in place, per linear foot for Thirteen Dollars and No Cents $ 13.00 $ 1,430.00 135 L.F. 2" Service Line, complete in place, per linear foot for Nine Dollars and No Cents $ 9.00 $ 1,215.00 Page 4 of 10 1 !lid Item Description Unit Item Quantity Unit and Written Unit Price Price I 4 1 1 5 1 6 1 1 7 1 1 8 1 1 9 10 1 11 1 1 1 1 828 L.F. 1" Service Line, complete in place, per linear foot for Six Dollars and No Cents $ 12 L.F. 3/4" Service Line, complete in place, per linear foot for and for and Fifty -Five No 1 EA. 8" Tapping Sleeve and Valve, complete in place, per each for Nine Hundred Twenty -Five Dollars and No Cents $ 925.00 $ 925.00 4 EA. 6" Tapping Sleeve and Valve, complete in place, per each Four Hundred No 18 EA. 8" Gate Valve, complete in place, per each for Five Hundred Seventy -Five Dollars and No Cents $ 575.00 $ 10,350.00 16 EA. 6" Gate Valve, complete in place, per each for Four Hundred Fifty Dollars and No Cents $ 450.00 $ 7,200.00 1 EA. 4" Gate Valve, complete in place, per each for Three Hundred Twenty -Five Dollars and No Cents $ 325.00 $ 325.O0 3 EA. 2" Valves, complete in place, per each for One Hundred Twenty -Five Dollars and No Cents $ 125.00 $ 375.0C Page 5 of 10 Amount 6.00 $ 4,968.00 Dollars Cents $ 55.00 $ 660.00 Dollars Cents $ 400.00 $ 1,600.00 1 l id Item Description Unit Item Ouantity Unit and Written Unit Price Price 1 1 7 1. 1 1 9 1 1 1 1 10 EA. 5 - 1/4" Fire Hydrant, complete in place, per each for Nine Hundred Fifty Dollars and No Cents $ 950.00 $ 9,500.00 11 V.F. Fire Hydrant Extension, complete in place, per vertical foot for and for and for and Two Hundred No 6 EA. Water Valve Boxes to be Adjusted, complete in place, per each One Hundred No 115 1 5.1215 TN Cast Iron Fittings, complete in place, per ton 1 EA Relocate Water Meter, complete in place, per each for Two Hundred Sixty Dollars for Twenty One Hundred Dollars 235 L.F. 6" Wastewater Line, complete in place, per linear foot 1 EA Wastewater Manhole, complete in place, per each One Thousand No 1 EA. Existing Manhole to be Adjusted, complete in place, per each Page 6 of 10 Amount Dollars Cents $ 200.00 $ 2,200.00 Dollars Cents $ 100.00 $ 600.00 and No Cents $ 260.00 $ 260.00 and No Cents $ 2,100.00 $ 10,755.15 for Ten Dollars and No Cents $ 10.00 $ 2,350.00 Dollars Cents $ 1,000.00 $ 1,000.00 for Four Hundred Seventy -Five Dollars and No Cents $ 475.00 $ 475.00 1 l id Item Description Unit Item Quantity Unit and Written Unit Price Price 11 0 630 L.F. 18" R.C.P., complete in place, per linear foot 1 1 1 1 2 1 13 1 5 1 1 26 1 ,7 1 1 1 1 for Eighteen Dollars and No Cents $ 18.00 $ 11,340.00 108 L.F 13" x 22" CMAP, complete in place, per linear foot for Fourteen Dollars and Seventy -Five Cents $ 14.75 $ 1,593.00 1,187 L.F. 12" CMP, complete in place, per linear foot for Eleven Dollars and Twenty -Five Cents $ 11.25 $ 13,353.75 35 L.F. Existing 18" R.C.P. to be removed and replaced, complete in place, per linear foot for Sixteen Dollars Amount and No Cents $ 16.00 $ 560.00 3 EA Concrete Rip -Rap Headwall, complete in place, per each for Seven Hundred Twenty -Five Dollars and No Cents $ 725.00 $ 2,175.00 1,695 L.F. Pilot Channel, complete in place, per linear foot for Nine Dollars and No Cents $ 9.00 $ 15,255.00 3 EA. Special Drop Inlets, complete in place, per each for and Fourteen Hundred No 1 EA. Standard Storm Sewer Manholes, complete in place, per each for One Thousand and No Page 7 of 10 Dollars Cents $ 1,400.00 $ 4,200.00 Dollars Cents $ 1,000.00 $ 1,000.00 1 1 11 1 130 1 31 1 Ii2 1 1 3 1 1 34 1 1 1 1 1 R id Item Description Unit i tem Quantity Unit and Written Unit Price Price 8 250 L.F. Grade and Reshape Ditch, complete in place, per linear foot for Two Dollars and No Cents $ 2.00 $ 500.00 10,540 S.Y. 2 -1/2" Asphalt, complete in place, per square yard for Four Dollars and Forty Cents $ 4.40 $ 46.376.00 5,278 S.Y. 1 -1/2" Asphalt, complete in place, per square yard for Three Dollars and Twenty Cents $ 10,540 S.Y. 10 -1/2" Base, complete in place, per square yard 12,157 S.Y. Unclassified Street Excavation, complete in place, per square yard 985 L.F. Standard Curb, complete in place, per linear foot 909 L.F. Header Curb, complete in place, per linear foot Page 8 of 10 Amount 3.20 $ 16.889.60 for Four Dollars and No Cents $ 4.00 $ 42,160.00 for One Dollars and No Cents $ 1.00 $ 12,157.00 for Six Dollars and No Cents $ 6.00 $ 5.910.00 for Five Dollars and Seventv -Five Cents $ 5.75 $ 5.226.75 1 l id Item Description Item Quantity Unit and Written Unit Price ■ 5 466 S.Y. Sidewalk, complete in place, per square yard 1 1 Ii 1 8 1 �9 201 L.F. Gravel Drive Removal and Replacement, 1 complete in place, per linear foot 1 r l 1 1 1 1 1 for Eighteen Dollars and No Cents $ 18.00 $ 8,388.00 6 EA. Handicap Ramps, complete in place, per each for and Two Hundred No 1,008 S.Y. 3' Gravel Shoulder, complete in place, per square yard for Two Dollars and No Cents $ 2.00 $ 2,016.00 185 L.F. Asphalt Pavement Removal and Replacement, complete in place, per linear foot for Three Dollars and Fifty Cents $ 3.50 $ 647.50 for One Dollars and No Cents $ 51 S.Y. Sidewalk Removal, complete in place, per square yard for One Dollars 106 S.Y. Concrete Drive, complete in place, per square yard for Thirty Dollars Page 9 of 10 Unit Price Amount Dollars Cents $ 200.00 $ 1,200.00 1.00 $ 201.00 and No Cents $ 1.00 $ 51.00 and No Cents $ 30.00 $ 3,180.00 1 1 1 1 1 1 1 AGREEMENT THE STATE OF TEXAS 5 1 COUNTY OF WILLIAMSON 5 / I TH.6 AGREEMENT, made and entered into this / 0 day of /,/ vh l , 1987, A.D. by and between The City of Round R ck of the City of Round Rock, the County of Williamson, and the State of Texas, Party of the First Part, hereinafter termed OWNER, and I W.L. Wood Excavation, of the City of Hutto, County of Williamson, and State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements III 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 I 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: 1985 C.D.G. #5705480, MAIN STREET - CIRCLE DRIVE STREET AND DRAINAGE IMPROVEMENTS ' further described as the work covered by this specification consists of furnishing all labor, equipment, appliances, and materials, and performing I 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 I 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 I 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 of Agreement, Special Conditions, Technical Specifications, Plans and other drawing and printed or written I explanatory matter thereof, and the Specifications and addenda therefor, as prepared by HAYNIE KALLMAN & GRAY, INC., 12303 -J Technology Boulevard, Austin, Texas 78727, herein entitled the ENGINEER, each of which had been I 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 1 l id Item Description Unit Item Quantity Unit and Written Unit Price Price 1 2 1 1 44 1 1 1 1 1 1 1 1 1 1 1 1 1 40 L.F. Fence Repair, complete in place, per linear foot for Twelve Dollars and No Cents $ 12.00 $ 480.00 1 EA. Sign to be relocated, complete in place, per each for Sixty Dollars and No Cents $ 60.00 $ 60.00 937 S.Y. Asphalt Driveway including base and grading, complete in place, per square yard for Seven Dollars and Fifty Cents $ TOTAL ESTIMATE OF COST $391,975.25 Page 10 of 10 Amount 7,50 $ 7,027.50 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 One Hundred Eighty (180) 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 seven (7) original copies on the day and year first above written. THE CITY OF ROUND ROCK W.L. WOOD EXCAVATION Party of the First Part Party of the Second Part (OWNER) (CONTRACTOR) By: ` ` i "`" By:aJ Mike Robinson, Mayor Walter L. Wood, Mi , y ATTEST: ATTEST: e following to be executed if the Contractor is a Corporation). I� , certify that I am the Secretary of the Corporation named as Contractor herein; that , who signed this Contract on behalf of the Contractor was then (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. (Corporate Seal) Page 2 of 2 Signed: THE STATE OF TEXAS S COUNTY OF WILLIAMSON County of PERFORMANCE BOND S KNOW ALL MEN BY THESE PRESENTS, THAT W.L. WOOD EXCAVATION of the City of HUTTO WILLIAMSON , and State of TEXAS as principal, and NATIONAL SURETY CORPORATION 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 THREE HUNDRED NINETY ONE THOUSAND NINE HUNDRED SEVENTY FIVE AND 25 /100 - -- Dollars ($ 391,975.25 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 day of , 19 , 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; PB -1 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 2ND day of SEPTEMBER 19_L. W T. won') FxCAVATTnN Principal Address 205 GREENRIDGE DRIVE HUTTO, TX 78634 Title JEANNIE JE`+SEN Address P.O. BOX 28187 The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANCE r. u. UUX L1L AUSTIN, TEXAS 78768 PB -2 NATIONAL SURETY CORPORATION SAN ANTONIO, TX 78232 ATTY -1N -FACT THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND s KNOW ALL MEN BY THESE PRESENTS, THAT W.L. WOOD EXCAVATION , of the City of HUTTO County of WILLIAMSON , and State of TEXAS as principal, and NA(IONAL SURELY CORPORATION 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 ((MNER), in the penal sum of THREE HUNDRED NINETY ONE THOUSAND NINE HUNDRED SEVENTY FIVE AND 25/100 Dollars ($ 391,975.25 ) 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 day of , 19_, 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 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; 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 -3 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 19 this instrument this 2 ND day of SEPTEMBER Principal ety W.L. WOOD EXCAVATION Titl Address 205 GREENRIDGE DRIVE RUTTO, TX 78634 �LJ AUSTIN, TEXAS 78768 NATIONAL SURETY CORPORATION Title JEANNIE JENSEN ATTY -IN -FACT PB -4 Address P.o. Box 28187 SAN ANTONIO. TX 78232 The name and address of the Resident Agent of Surety is: FRANK SIDXNS INSURANCE 0 - lM(v 1 1 ' Bond No. 524 35 02 1 1 1 1 MAINTENANCE BOND AMOUNT $ 391,975.25 • THE STATE OF TEXAS S ▪ COUNTY OF WTTT.TAMSON S 1 KNOW ALL MEN BY THESE PRESENTS, that we W.L. WOOD EXCAVATION (hereinafter called the "pr,inc,pa. as Principal, and the II of the City of CHICAGO , a corporation duly organized under the laws of the State of ITJ,TNOTS , and duly licensed to transact business in the State of TRXAS , (hereinafter I called the "Surety "), as Surety, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS, (hereinafter called the "Obligee "), in the sum of THREE HUNDRED NTNFTY ONE THOUSAND NTNR HUNDRED SEVENTY FTVE AND 25 /100 - -- Dollars ($391.975.25 ), ▪ for the payment of which sum well and truly to be made, we, the said ▪ Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by I these presents. SEALED with our seals and dated this ?ND day of SEPTEMBER • A.D., 19 87 . ▪ WHEREAS, the said Principal has heretofore entered into a contract with _ THE CITY OF ROUND ROCK 1 dated , 19 , for the construction of 19115 CDG #5705480, MAIN STREET - CIRCLE DRIVE. STREET k DRATNA(:F TMPROVFMFNTS I WHEREAS, the said Principal is required to guarantee the construction of street improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of two (2) years from the date of acceptance of the project above described, by the il Owner, the CITY OF ROUND ROCK, TEXAS. NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if said I Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop 1 during the period of two (2) years from the date of acceptance of the project above described by the Owner, the CITY OF ROUND ROCK, TEXAS, or MB -1 1 1 shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. W.L. WOOD EXCAVATION Principal B I�Af1UNAl 5 By 1 ATTY- IN-FACT 1 1 1 1 1 1 1 1 1 1 1 MB -2 JEANNIE JENSEN GENERAL POWER OF ATTORNEY NATIONAL SURETY CORPORATION KNOW ALL MEN BY THESE PRESENTS: That NATIONAL SURETY CORPORATION. a Corporation duly organized and existing under the laws of the State of Illinois. and having its Home Office in the City of Chicago, Illinois. has made. constituted and appointed. and does by these presents make. constitute and a int R. F. SID JR. ROBERT C. SIDDONS, STEVEN B. SIDDONS, ROBERT C. FRICKE, BETTY TURNER, PHILIP C. FALETTO and JEANNIE JENSEN AUSTIN,'TX jointly or severally its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and deliver any and all bonds. undertakings. recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such ponds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorncytsl-in -Fact may do in the premises. This power of attorney is granted pursuant to Article VIII. Section 29 and 30 of By -laws of NATIONAL SURETY CORPORATION now in full force and effect. "Article VIII, Appointment and Authority Assistant secretaries, and Attorne•in -Fact and Agents to accept Legal Process and Make Appearances. Section 29, Appointment. The Chairman of the Board of Directors. the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice - President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on' behalf of the Corporation. Section 30. Authority. The Authority of such Resident Assistant Secretaries. Attorneys -in -Fact, and Agents shall be as prescribed in the instrument evidencing her appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of NATIONAL SURETY CORPORATION at a meeting duly called and held on the 7th day of September. 1972. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice - President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney. or on any certificate relating thereto. hs facsimile. and any power of attorney. any revocation of any power of attorney. or certificate hearing such facsimile signature or facsimile seal shall he valid and binding upon the Corporation. IN WITNESS WHEREOF. NATIONAL SURETY CORPORATION has caused these presents to he signed by its Vice - President. and its corporate seal to be hereunto affixed this 29th dac of April 19 85 •annunimumun m n mauanaai 7 OFFICIAL SEAL ■ SUSIE K. GILBERT NOTARY PUIUC - CADPORRU = Pnnrgaf Office in Marin County ! My Commission Expires Iles. 17. 1988 S daaammm um nnaannamW ' 360711 -NS -5.81 STATE OF CALIFORNIA COUNTY OF MARIN STATE OF CALIFORNIA COUNTY OF MARDI On this 29th day of April 19 85 before mepersnn:,us came Richard Williams to me known, who. being by me duly sworn. did depose and say: that he is Vice •President of NATIONAL SURETY CORPORATION. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal alliscd to the said instrument n such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto M like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first a ho \e w riven. w NATIONAL, SURETY CORPORATION By L \ \ CERTIFICATE: \„v�Pr..iavn� I. the undersigned, Resident Assistant Secretary of NATIONAL SURETY CORPORATION, an ILLINOIS Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore That Article Vitt, Sections 29 and 30 of the By •laws of the Corporation. and the Resolution of the Board of Directors. set forth in the Power of Attorney. are non in force. Signed and sealed at the County of Maria. Dated the 2ND day of SEPTEMBER e Rvs \ ti,rrtar■ 19 87 TO: The City of Round Rock 214 E. Main Street Round Rock, Texas 78664 TYPE OF POLICY INSURANCE NO. Workman's TC821819909 8 - 01 - 87 Compensation Comprehensive GL 28809418 10 - 04 - 86 10 - 04 - 87 General Liability Includes Contractual I( Liability Covers Independent x Contractors X iTMRRRT.T.A FORM ITR 61799382 Owner's Protective Comprehensive GLM 19370733 6 - 21 - 87 Automobile Liability Owned x Vehicles Hired x Vehicles Non -owned y _Vehicles Includes Contractual Liability CERTIFICATE OF INSURANCE Page 1 of 2 Date: SEPTEMBER 2, 1987 Description of Work:19R5 CT)C ft57054R0 MATN STRFFT - CTRCT.F DRIVE STREET & DRAINAGE IMPROVEMENTS THIS IS TO CERTIFY THAT w T. WOOD Fxr.AVATTON is, at the date of this certificate, insured by this company with respect to the business operations hereinafter describe, for the types of insurance and in accordance with the provisions of the standard policies used by this company, and further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. EFFECTIVE EXPIRATION DATE DATE LIMITS OF LIABILITY 8 - 01 - 88 Statutory, State of Texas, $ 500.000 Employer's Liability Bodily Injury $ ea person $ ea accident $500,000 COMBINED SINGLE LIMIT 6 - 21 - 88 Bodily Injury $ ea person $ ea accident Property Damage $ ea accident $500,000 COMBINED SINGLE LIMIT Property Damage $ ea accident $ aggregate 6 - 79 - R7 10 - 04 - R7 $5 000,J)OD rfMRTNFTI cTNrIF T IMI Bodily Injury $ ea person $ ea accident Property Damage $ ea accident $ aggregate 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded by policy or policies indicated by this certificate. AMERICAN CFNEPAT. INSURANCE COMPANY (Name of Insurer) By: ox•� Title: Address P O Rng 7175 AUSTIN TY 7R7AR Page 2 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INFORMATION REQUIRED OF LOW BIDDER The low bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Name (2) Address (3) Phone Number (4) Type of,firm: ( ) Individual. ( ) Partnership. ( ) Corporation (5) 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 at 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 (CONTENTS CONTINUED) Pag 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 ve. 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 & Gray, 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 lines. 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 prosecttion 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) seta 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 obligtions herein contained. 2.12 Extra Work. The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner through the Engineer to be done by the Contractor to accomplish any change. alteration. or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contractor's Proposal. except as provided in Section 2.03 - "Changes and Alterations ". It is agreed that the Contractor shall perform all extra work under the direction of the Engineer when presented with a written Change Order signed by the Engineer. No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written. appear to the Contractor to involve extra work for which he should receive compensation. he shall make a written request to the Engineer for a written Change Order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment therefor and the Engineer insists upon its performance. the Contractor shall proceed with the work after making a written request for a written Change Order and shall keep an accurate account of the "actual field cost" thereof as provided under Method "C" below. 2.13 Payment for Extra Work. It is agreed that the compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: Method "A" - By agreed unit prices; Method "B" - By agreed lump sum; or GC -5 Method "C" - If neither Method "A" or Method "B" can be agreed upon before the extra work is commenced. then the Contractor shall be paid the "actual field cost" of the work plus 15%. Where extra work is performed under Method "C ". the term "actual field cost" of such extra work is hereby defined to be and shall include: (a) the payroll cost for all workmen, such as foreman, mechanics. 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 previus 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, firma, 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 persona either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Should any subcontractor fail to perform the work undertaken by him in a satisfactory manner. his subcontract shall be immediately terminated by the Contractor upon written notice from the Owner. GC-6 2.16 Owner's Status. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 2.17 Completed Portions of Work. The Owner shall have the right to take possession of and to use any completed or partially completed portions of the work prior to completion of the entire work, but such use shall not constitute an acceptance of any of the work not completed in accordance with the Contract Documents. If the Engineer determines that taking possession of and using partially completed work substantially increases the cost of or delays construction. the Contractor shall be entitled to extra compensation or extension of time or both as determined by the Engineer. 2.18 Materials. All materials furnished by the Contractor shall be as required by the Plans and Specifications or as otherwise stipulated. The Contractor shall not start delivery of materials which he is to furnish until the Engineer has approved the source of supply of such materials. 2.19 Receiving and Storage of Materials. The contractor shall make arrangements for receiving and storing materials. The Owner will not sign for or receive shipments of materials consigned to the Contractor. The Owner will not furnish storage space for materials except where the written permission of the Engineer is given. 2.20 "Or Equal" Clause. Whenever a material. product. or article is specified or shown on the Plans by using the name of the proprietary product or of a particular manufacturer or vendor and is followed by the term "or equal" the Contractor may submit a written request to 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 lose or injury. The provision shall extend to the taking of all necessary sanitary precautions to avoid contamination of such materials that must be maintained and incorporated into the work in a sanitary condition. GC -7 2.23 Protection of Property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and he shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. The Contractor shall satisfactorily shore, support, and protect any and all structures, and all pipes, sewers, drains, conduits. and other facilities belonging to the Owner, and he shall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay as a result of any postponement, interference, or delay caused by any such structures and facilities being on the line of the work whether they are shown on the Plans or not. 2.24 Shelters for Workmen and Materials. The building or structures for housing men or the erection of tents or other forms of protection for workmen or materials will be permitted only as the Engineer shall authorize or direct. The sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.25 Sanitary Facilities. Necessary sanitary toilet facilities for the use of all employees on the work shall be of a type complying with State and local sanitary regulations and shall be properly secluded from public observation. These facilities shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Their use shall be strictly enforced. 3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES 3.01 Labor. Equipment, Materials and Construction Plant. The Contractor shall provide all labor, tools, equipment, machinery, supplies and materials necessary for the prosecution and completion of this Contract where it is not specifically provided that the Owner shall furnish them. The Owner shall not be held responsible for the care, preservation, conservation, or protection of any material, tools. or machinery on any part of the work until it is finally completed and accepted. The Contractor shall maintain on the job at all times sufficient labor, material, and equipment to adequately prosecute the work. 3.02 Performance and Payment Bonds. It is further agreed by the Parties to the Contract that the. Contractor will execute separate performance and payment bonds, each in the sum of 100% of the total Contract price in standard forms for this purpose. guaranteeing GC -8 faithful performance of the work and the fulfillment of any guarantees required and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. The cost of the premium for the performance and payment bonds shall be included in the price bid by the contractor for the work under this Contract. and no extra payment for such bonds will be made by the Owner. The surety company or companies underwriting the performance and payment bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States, shall be duly authorized to act under the laws of the State of Texas as Surety, and shall be approved by the Owner. 3.03 Contractor's Ability to Perform. Upon request by the Owner the Contractor shall furnish sufficient evidence of his ability to perform the work which is outlined in this document. This shall include an equipment inventory and records showing the satisfactory completion of projects of equal magnitude in the past. It shall be the prerogative of the Owner to terminate the Contract as outlined in Section 7 'Termination of Contract ", if job progress indicates that the Contractor lacks either appropriate experience or ability. 3.04 Superintendence and Inspection. The Contractor shall give personal attention to the faithful prosecution and completion of the Contract and shall keep a competent superintendent and any necessary assistants, all of whom are satisfactory to the Engineer, on the work continuously during its progress. The superintendent shall represent the Contractor in his absence, and all directions given to him by the Owner's representative shall be as binding as if given to the Contractor. In the event that the Contractor and the superintendent are both absent from the site of the work for prolonged periods of time the Engineer may order any or all work under this Contract to be stopped until the Contractor provides continuous and proper supervision of the work. Such stoppage shall not constitute a basis for any claim against the Owner for damages caused by delay for such work stoppages. 3.05 Character of Employees. The Contractor agrees to employ only orderly, competent, and skillful persons to do the work, and whenever the Engineer shall inform him that the work being accomplished is of sub - standard character by reason of carelessness, incompetence, or inexperience on the part of the GC -9 workers the installation of such work shall be immediately suspended and shall not be resumed until the Engineer is satisfied that the conditions causing such faulty work have been corrected. 3.06 Contractor's Duty to Protect Persons and Property. In the performance of this Contract. the Contractor shall protect the public and the Owner fully by taking reasonable precaution to safeguard persons from death or bodily injury and to safeguard property of any nature whatsoever from damage. Where any dangerous condition or nuisance exists in and around construction sites, equipment and supply storage areas. and other areas in anyway connected with the performance of this Contract. the Contractor shall not create excavations, obstructions. or any dangerous condition or nuisance of any nature whatsoever in connection with the performance of this contract unless necessary to its performance, and in that event the Contractor shall provide and maintain at all times reasonable means of warning of any danger or nuisance created. The duties of the Contractor in this paragraph shall be nondelegable, and the Contractor's compliance with the specific recommendations and requirements of the Owner as to the means of warning shall not excuse the Contractor from the faithful performance of these duties should such recommendations and requirements not be adequate or reasonable under the circumstances. 3.07 Safety Codes. The Contractor shall comply with all applicable provisions of any Federal, State, and Municipal safety laws and building and construction codes. All machinery. equipment. and other physical hazards shall be guarded in accordance with the latest edition of the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal. State. or Municipal laws or regulations. 3.08 Barricades. When barricades are used to satisfy safety requirements. such barricades shall be properly identified with the Contractor's name prominently stenciled on both sides of the barricades with letters at least 2 inches high. 3.09 Minimum Wages. All employees directly employed on the work shall be paid not less than the established prevailing wage scale for work of a similar character in this locality. A scale of prevailing wages is included in the Special Conditions of these Contract Documents. The Contractor shall pay not less than the general prevailing wages shown on said scale and shall keep accurate wages records accessible in accordance with Article 5159 of the Revised Civil Statutes of Texas. 3.10 Unsuitable Work or Materials. It is understood and agreed that if the work or any part thereof or any material furnished by the Contractor for use in the work or selected for the same shall be GC -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 provisiion within 72 hours or should he fail to properly prosecute and complete correction of such faulty work, the Engineer may direct that the work be done by others and that the cost of the work be deducted from monies due the Contractor. 3.11 No Waiver of Contractor's Obligations. The Engineer. supervisor. or inspector shall have no power to waive the obligations of this Contract for the furnishing by the contractor of good material and of his performing good work as herein described and in full accordance with the plans and specifications. No failure or omission of the Engineer. supervisor. or inspector to condemn any defective work or material shall release the Contractor from the obligation to at once tear out. remove, and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided. however that the Engineer. supervisor, or inspector shall upon request of the contractor inspect and accept or reject any material furnished, and once the material has been accepted by the Engineer. supervisor. or inspector such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished was not as represented and does not meet with the specifications for the work. Any questioned work may be ordered taken up or removed for re— examination by the Engineer prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing. re— examination. and replacement shall be borne by the Contractor; otherwise the expense thus incurred shall be allowed as "Extra Work" and shall be paid for by the Owner. 3.12 Site Clean Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor shall. without charge therefor, carefully clean out all - pits. pipes. chambers, or conduits. shall tear down and remove all temporary structures built by him, shall remove all rubbish of every kind from the tracts or grounds which he has occupied. and shall leave them in a condition satisfactory to the Engineer. 3.13 Guarantee. During a period of 12 months from and after the date of the final acceptance by the Owner of the work embraced by this Contract. the Contractor shall make all needed repairs arising out GC -11 of defective workmanship or materials. or both. which in the judgement of the Owner shall become necessary during such period. If within 10 days after the mailing of a notice in writing to the Contractor or his agent the said Contractor shall neglect to make or to undertake with due diligence the aforesaid repairs. the Owner is hereby authorized to make such repairs at the Contractor's expense; provided. however. that in case of an emergency where, in the judgement of the Owner, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor. and the Contractor shall pay the cost thereof. 4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 4.01 Lines and Grades. All necessary lines and grades shall be furnished by the Engineer. Whenever necessary, work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable. and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes. marks, etc. shall be carefully preserved by the Contractor. and in case of careless destruction or removal by him or his employees such stakes, marks. etc. shall be replaced by the Engineer at the Contractor's expense. 4.02 Right of Entry. The Owner reserves the right for its personnel or its agents to enter the property or location on which the work herein contracted is being constructed or installed for the purpose of supervising and inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 4.03 Owner's Inspectors. It is agreed by the Contractor that the Owner shall appoint such Engineer. supervisors. or inspectors as the said Owner may deem necessary to inspect the material furnished and the work done under this Contract, to see that the said material is furnished, and to see that said work is done in accordance with the plans and specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the Engineer. supervisors, or inspectors for the proper inspection and examination of the work and all parts thereof. The Contractor shall regard and comply with the directions and instructions of the Engineer. supervisors, or inspectors so appointed when such directions and instructions are consistent with the obligations of this Contract. 4.04 Collateral Work. The Owner reserves the right to provide all labor and material essential to the completion of work that is not included in this Contract either by a separate contract or otherwise. Any collateral work shall be prosecuted in such a manner that it will not damage the Contractor nor delay the progress of the work being accomplished under this Contract. The respective rights of and operations of the various interests involved shall be established and coordinated by the Engineer. GC -12 4.05 Right -of -Way. Easements across private property and lands needed for construction under this contract will be provided by the Owner. 4.06 Adequacy of Design. It is agreed that the Owner shall be responsible for the adequacy of the design. sufficiency of the Contract Documents. the safety of the structure and practicability of the operations of the completed project; provided the Contractor has complied with the requirements of the said Contract Documents. all approved modifications thereof. and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 5. SCHEDULING AND PROGRESS OF WORK 5.01 Order and Prosecution of the Work. It is the meaning and intent of this Contract. unless otherwise herein specifically provided. that the Contractor shall be allowed to prosecute his work at such times and seasons in such order of precedence and in such manner as shall be most conducive to economy of construction; provided however. that the order and time of prosecution shall be such that the work shall be completed as a whole or in part in accordance with this Contract within the time of completion hereafter designated; provided also that the Engineer may direct the time and manner of constructing any part of 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 degree of safety. the quality of work. and the rate of progress required by this Contractor. The Contractor alone shall be responsible for the safety. adequacy. and efficiency of his plant. equipment. and methods. 5.03 Sunday. Holiday, and Night Work. Except in connection with the care, maintenance. or protection of equipment or of work already GC -13 done, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or legal holidays without written consent of the Engineer. 5.04 Hindrances and Delays. No claims shall be made by the Contractor for damages, hindrances. or delays from any cause during the progress of any portion of the work embraced by this Contract except where the work is stopped by order of the Onwer. 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 presecute the work. 5.05 Extensions of Time. Should the Contractor be delayed in the final completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either. or by any other contractor employed by the Owner. or by strikes, fire or other cause or causes outside of and beyond the control of the Contractor and which the Engineer determines could have been neither anticipated nor avoided. then an extension of time sufficient to compensate for the delay as determined by the Engineer shall be granted by the Owner; provided, however. that the Contractor shall give the Owner prompt notice in writing of the cause of delay in each case. Extensions of time will not be granted for delays caused by unfavorable weather, unsuitable ground conditions or inadequate construction force. 5.06 Liquidated Damages for Failure to Complete on Time. The Contractor agrees that time is of the essence of this Contract and that the definite value of damages which would result from delay would be incapable of ascertainment and uncertain. so that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for. after due allowance for such extension of time as is provided for under the provisions of the preceding paragraph. the Owner may withhold permanently from the Contractor's total compensation, not as a penalty but as liquidated damages. the sum per day given in the following schedule: GC -14 Amount of Liquidated Amount of Contract Damages Per Day Less than $ 5,000.00 $ 5,001.00 to $ 15,000.00 15,001.00 to 25,000.00 25.001.00 to 50,000.00 50,001.00 to 100,000.00 100,001.00 to 500.000.00 500.001.00 to 1,000,000.00 1.000.001.00 to 2.000.000.00 2,000.001.00 to 5,000.000.00 $ 30.00 35.00 40.00 50.00 70.00 200.00 300.00 400.00 500.00 6. INDEMNITY 6.01 Contractor's Indemnity Provision. To protect the Owner from the Contractor's failure to perform any of the foregoing duties or any of the terms of this Contract. the Contractor shall indemnify and save harmless the Owner and the Owner's agents and employees from all losses, damages. judgements. decrees. and expenses or costs of any nature whatsoever arising out of or in anyway connected with any claims or actions at law or in equity brought against the Owner and the Owner's agents and employees for the death or injury to persons or for damage to property caused, or allegedly caused, by any willful acts, negligence. nuisance. or breach of any term or condition of this Contract by the contractor. his agents, servants. subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the Owner and the Owner's agents and employees from all demands of subcontractors. workers. material persons, or suppliers of machinery and parts thereof. equipment, power tools, and supplies incurred in connection with work to be performed under this Contract. Property of any description. including property of the Owner. which shall be damaged in the performance of this Contract by the Contractor. his agents. employees, subcontractors or their employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6.02 Workmen's Compensation Insurance. The Contractor agrees to comply with the Workmen's Compensation Act of the State of Texas. and to pay or cause to be paid all compensation, medical or other benefits. which may become due or payable thereunder. and to protect and indemnify the Owner and the Owner's agents and employees from and against any and all liabilities by reason of accidental injury. disease or death sustained by subcontractor's employees. The contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and subcontractor's compliance with said statute. GC -15 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 Property Damage $100,000 each person $300,000 each accident $ 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 GC -16 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 be fail to do so within ten (10) days after receipt of such notice. the Owner shall have the right to remove such equipment and supplies at the expense of the Contractor and to place such equipment. tools and supplies in storage at the risk and expense of the Contractor. 8. ABANDONMENT OF CONTRACT BY CONTRACTOR 8.01 Notification of Contractor. If the Contractor should abandon and fail to refuse to resume work within ten (10) days after written notification from the Owner or the Engineer or if the Contractor fails to comply with the orders of the Engineer when such orders are consistent with this Contract or with the specifications hereto attached. then the Contractor shall be deemed as having abandoned the Contract. In such event the Surety on the bond shall be notified in writing and directed to complete the work. and a copy of said notice shall be delivered to the Contractor. 8.02 Retention of Contractor's Equipment and Materials by Owner. After receiving said notice of abandonment the Contractor shall not GC-17 remove from the work any machinery. equipment. tools. materials, or supplies then on the job. but the same together with any materials and equipment under contract for the work may be held for use on the work by the Owner or the Surety on the performance bond or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefor except when used in connection with extra work where credit shall be allowed as provided for under Section 2.12 entitled "Extra Work". it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and will be reflected in the final settlement. 8.03 Methods of Completing the Work. If the Surety should fail to commence compliance with the notice for completion hereinbefore provided within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: a. The Owner may thereupon employ such force of workers and use such machinery, equipment, tools, materials. and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor. machinery, equipment. tools, materials, and supplies to said Contractor. and the expense so charged shall be deducted and paid by the Owner out of such monies as may be due or that may thereafter at any time become due to the Contractor under and by virtue of this Contract. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor or his Surety shall pay the amount of such excess to the Owner. b. The Owner under sealed bids, after fourteen (14) days notice published two or more times in a newspaper having a general circulation in the county of location of the work. may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract such increase shall be charged to the Contractor. and the Surety shall be and remain bound therefor. However. should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract. the Contractor or hia Surety shall be credited therewith. GC-18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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- 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 materiels 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 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. 2. "AS— BUILT" DRAWINGS 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. 4. LIMIT OF FINANCIAL RESOURCES 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. 5. CONSTRUCTION INSPECTION 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 b 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 mate 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. Monthly pay estimates shall be submitted to the Engineer on the 25th day of each month. 13. LIQUIDATED DAMAGES Refer to the GENERAL CONDITIONS OF THE AGREEMENT, Paragraph 5.06 - Liquidatdd 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 $300.00. 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. CHANGE ORDERS Refer to GENERAL CONDITIONS OF THE AGREEMENT. Section 2.12 - Extra Work - Paragraph No. 2. Add "Additionally, all such Change Orders must be approved by the City of Round Rock and the Texas Department of Community Affairs ". 16. COMPLIANCE WITH AIR AND WATER ACTS In compliance with the Clean Air Act. as amended. 42 U.S.C. 1857 et. seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq.. and the regulations of the Environmental Protection Agency with respect thereto the contractor agrees that: 1) Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2) He will comply with all requirements of Section 114 of the Clean Air Act. as amended. (42 USC 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1251) relating to inspection monitoring. entry. reports, and information. as well as all other requirements specified in said Section 114 and Section 308, and all regulations & guidelines issued thereunder. 3) He will promptly notify the owner of any notification received from the Director. Office of Federal Activities. EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. SC -5 (4) He will include or cause to be included the pro- visions of paragraph (1) through (4) of this section in every nonexempt subcontract and that he will take such action as the Government may direct as a means of enforcing such provisions. 134. EQUAL EMPLOYMENT OPPORTUNITY 1) If the contract amount is $10,000 or less, the following conditions shall apply: During the performance of this contract the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex,or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the owner setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 2) Notice of Requirement for Affirmative Action to Ensure EquaI Ioymentopportunity xecutive br Tei 112 T. (Applicable to contractsTbcontracts exceeding $10,000.) a. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trace on all construction work in the covered area, are as follows from the Octoaer 3, 1980 Federal Register. SC6 1 1 1 1 1 1 1 1 1 1� 1 I I 1 1 I 1 1 Coals for Timetables minority participation for each trade 15% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3 (a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. c. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construc- tion subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geo- graphical area in which the contract is to be performed. d. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county, and city, if any). SC7 Goals for female participation in each trade 6.9% 3) Minority Participation Requirements a. Contractor shall ensure that at least percent ( 15 %) of the funds subcontracted under this contract are awarded to minority businesses. In the event Con- tractor's prime contractor does not subcontract any portion of the construction work funded under this con- tract, Contractor shall ensure that at least percent (15 %) of the work force employed by such prime contractor is composed of minority group members. b. For the purpose of this requirement, the following words and terms shall have the following meanings: i. "Minority Business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, if at least 50 percent of the business is owned by minority group members or, in the case of a corporation, at least 51 percent of its shares are owned by minority group members. ii. "Minority Group Members" are Black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans, American Indians, Pacific Islanders, and Alaskan Natives. iii. "Administrative Services" include management con- sultants, engineers, architects, appraisers, auditors, attorneys, accountants, and other professionals. ' c. None of the requirements of this Section 21 shall apply if the percentage of the total population of Contractor's jurisdiction composed of minority group members is less than five percent (5%). d. The Contractor shall implement the specific affirma- tive action standards provided in paragraphs 3a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. SC8 e. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, sub- ject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall docu- ment these efforts fully, and shall implement affirma- tive action steps at least as extensive as the following: i. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contrac- tor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superin- tendents, and other on -site supervisory per- sonnel are aware of and carry out the Contractor's obligation to maintain such a working environment. with specific attention to minority or female individuals working at such sites or in such facilities. ii. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. iii. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off - the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken g• SC9 with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever addi- tional actions the Contractor may have taken. iv. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to'the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contrac- tor's efforts to meet its obligations. v. Develop on- the -job training opportunities and /or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee • programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 3b above. vi. Disseminate the Contractor's EEO policy by providing notice of the policy to•unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. vii. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. SC10 viii. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. ix. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. x. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. xi. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 -3. xii. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. xiii. Ensure that seniority practices, job classifications. work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. xiv. Ensure that all facilities and company activities are nonsegregated except that separate or single - user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. SC11 xvi. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (3a through p). The efforts of a contractor association, joint con- tractor- union, contractor - community, or other similar group of which the contractor is a member and partici- pant, may be asserted as fulfilling any one or more of its obligations under 3a through p of these Specifica- tions provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's non - compliance. i. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minokity. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under- utilized). The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. • xv. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associa- tions. SC12 k. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 1. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations. by the Office of Federal Contract Compli- ance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps. at least as extensive as those standards prescribed in paragraph 3 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. n. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limita- tion upon the application of other laws which establish different standards of compliance or upon the appli- cation of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). SC13 135. Section 503 Handicapped (if $2,500 or Over) Affirmative Action for Handicapped Workers 1. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimina- tion based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of appli- cants and employees. 4. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 5. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non- compliance. SC14 4. The reports required by paragraph (2) of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or where the contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on- the -job training under 38 U.S.C. 1787. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract " identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract. during, which time these reports and related documentation shall be made available, upon request. for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment, and placement. 5. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause. 6. This clause does not apply to the listing of employment openings which occur and are filled outside of the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. 7. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. 8. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. 9. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, 5015 1 1 136. Section 402 Veterans of the Vietnam Era (if $10,000 or Over) Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era 1. The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disabflity or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensa- tion, and selection for training, including apprentice- ship. • 2. The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those ' not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate ' affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs (4) and (5). 3. Listing of employment openings with the employment 1 service system pursuant to this clause shall be made at least concurrently with the use of any other recruit- Ment source or effort and shall involve the normal obligations which attach to the placing of a bona fide , job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicant s, and nothing herein is intended to relieve the contractor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment. 5C16 1 1 1 1 1 1 provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees. 10. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. 11. The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulation, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 137. Section 109 of the Housing and Community Development Act of 1974 1. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 138. "Section 3" Compliance in the Provision of Training, Employment,and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued SC17 pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall . post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the sub- contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and sub- contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135 139. NONSEGREGATED FACILITIES 1. The Contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their serAces at any location, under his .1 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 control, where segregated facilities are maintained. The Contractor covenants that he will not maintain or provide for his employees any segregated facilities at .any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, trans- portation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The Contractor agrees that prior to award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, that he will retain such certifications in his files. 140. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS 1. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit to-arise from same: Provided, that the foregoing pro- vision of this section shall not be construed to extend to this Contract if made with a corporation for its general benefit. 2. No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the Project is located, and no other public official of such locality or localities who exercises any functions or responsibilities in connection with the Project during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any Contract or Subcontract, or the proceeds thereof, for work to be performed under this Contract. The Contractor will include the provisions of paragraphs (1) and (2) in every Subcontract so that with provisions will be binding upon each Subcontractor. $C19 . GENERAL COtmIT1 OHS • PART 1 Federal Labor Standards Provisions U.S. Department or Housing and Urban Development - / TEXAS DEPARTMENT OF -i r COMMUNITY APPAIRR ■ ■ ■■ : MWicab iy !he I0oiect or Program to which the construction work hovered by this HUD or its designee Shall refer the questions. rorr:rect pertains 5 being ssisted the United States of America and the gn q ore H UD o r the sig of all 9 by kllereBled Perfies end the recorru 0 Federal Labor Standards Provisions are included in this Contract matron of HUD r its uth onee, tome Pursuam to me provisions applicable to such F Admrnialralor ton data minalinn. The Administrator, or re authorized repre- tentative, will issue a :02 A. 1. Minimum Wages. All laborers and Federal assistance. (ollowir alarm nmion rattan 30 days of receipt and so advise (r) m echanics employed or work- HUD or its designee or will nerdy HUD or its desi n rug upon the site of the work (Or under the United States Housing Acl of period that additional time is necessa rY e g by (h the 30 703 or under the Housing Ad th 0( 1949 in the construction or development apemen! and Budge) antler Correa: r the e hin 2 , 4 ) o o! M arr • n , of the project). will be paid unconditionally and not less often than once a (d adi Correa: W N where 14 week, and without subsequent deduction or rebate on any account (except determined ) The wage rate (including fringe benefits where appropriate) the minimum wage such payroll deductions as are permitted by regulations issued by the pursuant m subparagraphs n be classification l (s io pu nder I h shell Se retary of Labor under the Copeland Acl (29 CFR Pan 3), the lull amount f ho to hll hest workers on whi ing o m Ilre reed n the c under ti co o n- et wages and bona tide binge benefits (or cash each 7(7) When the lie slfrsy on which wink IS performed in Me classification. ( or p ( , Mss than 1�oae contained in me 'r O al emu nI payment computed el rates not (III) ever rare urge ed in the contract f w ;e detr:Imrnahon of the Secretary of Lebo: which is attached hereto and class of laborers a mechanics r0rcluhes a fringe benefit which b not hereof. regardless Many contracture' relationship n,:ele n part esprrss 11 as an hourly role the funk 7711 pay shall either pay the benehl as hn alleged b exist Iholw•ee h which ma staled in the wage dehvmin:dron or shat pay another bona tide fringe ' n the contreclor and such laborers and benefit Or an hour) (Ash t,• heraleii eaerranics. Cnntributrons made or costs reasonably anticipated for bona Y I nmrrol foie range benefits under Bannon 1 fbN2) of the Davis -Bacon Acl on behalf (iv) p the contractor dais nth crake laymen's to 0 trustee or omen thud nl a len or mechanics are considered wages person, the 0 a,nuu may wnselai as part o' the wages of any laborer c r mechanics, subject W the 0 paid l such laborers or mechanic the amount of au) nests reasonably anticipated in , M previsions 0129 CFR also, regular bona fide lunge benelds under plan m providing the eonlehultnns made or costs Incurred for more men a weekly penod (but l p ogrom, provided, That the col Tess Olden Man OUererly) antler plans. lands, or r Secretary of Leber nes form anon me ',mien request of the conlraclor, the, l eniculer weekly programs. which cover mat the applicable smertael. of rim Dams -Becun Act have been met The y perod. are deemed to be constructively made Or Secretary r may regime me c,. Marto- to set aside in a se petale of Labor r .m.., red during such weekly period, ' r Snch laborers and me('han.cs shall be account assets me teeming el obligations under Inc plan or program. paid the appropriate wave rate (Approved by the Office of Management and Budget under OMB Control ail fringe benefits on the wage determination tom the classification oI work 9� achrally performed. without regard to skill, except as Number di0740.) Pad 5 5(a7(4). Laborers or mechanics performing wool in more Than 0110 i 20 3 o• With eques hhololding. o a0 HUD M a. 0: I:., uth rue, : l -fr rdesignee pre snap upon ere Department own action or upon ' 1 Iassrb Y be compensated al the rate ralion may wrtten rt f t h e coo of th specified br each classifier.- wn se hhpltl or cau to Ire withheld from the COntraclOr under This eOn r i,act racl or amp for the time actually worked therein: Provided. That the employer's pay- any other Federal contact wdl the same prime contractor, or any other pen rrrnrds accurately set forth the time spent in each Classification to vrvth work is performed. The wage determination (including any additional requirements, e re si d , is held subject to Da ws •Bacon prevailing tor so wage cl •vtdrealion and wage rates Conformed under 29 CFR Part 5.5(a)(1)(0) d p Iyr wMCo is held ce she may prime Considered nee much pay the ' 'r r Limas-Bacon and accrued prymenls or advances as nay be considered necessary to pay poster NVH -1321) shall be posted at all ernes by to con - laborers and mechanics, including apprentices, trainees and helpers, n1.1nr and Its subcontractors at the site of the work a a prominent and arressible place where it can be easily seen by the workers. employed by the contract In Of any subcontractor the lull amount 01 wages ' Gil (a) Any class of laborers or mechanics which is net listed in the required by the contract In the even' 01 failure to pay any laborer or w .rte determination and which is a be employed under Inc contreci shall mechanic, including any apprentice, Iramee or Stales I-( r, employed or working he - :Inssified in conformance with Inc wage determination. HUD shall on the site of the work for 1949 wide, Ihe Untied Sales 0r Housing Act of 1937 or a1 an additional classification and wage rale and fringe benefits under ), 8 Housmg 7 I of 1949 in the red by Ilion or development of the Iherelme only when the following criteria have been met PrOjeda, all or pan of the wages requued by the ;brawl, HUD or its desig• , nee may, idler welter, notice to the a,y • 70 5lor, sponsor, or. a ppkoanl, or owner, M (1) Inc work to be performed by the classification requested not lake such scion as may be necessary to cause the suspension Of any perlonned by a classification in the wage delerminalion', and further payment advance, 01 guarantee of funds until such violations have (2) The classification is utilized in the area by the construction ceased, HUD or es designee ' md•rsrry; and gnee may, alter wnten notice 10 the contractor, dis- burse such amounts walaheld I0r and on account 0f the conlraclor Or sub - (3) The proposed wage rate including any bona fide fringe bene- contractor no the respective employees to whom they are due. The Comp - Ids. bears a reasonable relationship to the wage rates contained In the amp- determmahon. Oay,s General shall make such disbursements in me case of direct (hi t the contractx and the taborets and mechanics Ill be employed Oav ( •Bacon Act contracts. e i err ciessdreaeou (i1 known), or their represenaeves. and HUD or its 201 (1) Payrolls and basic records. payrolls sue basic records relating .(..s� thereto shall be maintained by the csntiacaor during the course of the work 9nee agree on the classification and wage rate (including the amount preserved for a penod of three years mereaher for all laborers and derogreded (m fringe beneas where appropriate), a report of the action mechanics working al the see of the work (or under the United Sates taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937, or under the Horsing Act 01 1949, in the construction ' and 110th Division. Empoymenl Standards Administration, U.S Department or development of the proles'). Such records shall contain the name, of Labor. Washington, D.C. 20210 The Administrator, or an authorized address. and vocal security number of each such worker. his or her coo reuresentalive, will approve, modiy, Fr disapprove every additional dassf0 reel classification, hourly rates of w:,ges paid (including rates of conlribu- calre r action within 30 days of receipt and se advise HUD or its designee tons or doses nnhcipaled for bona fide fringe benefits or cash equivalents cr will notify HUD or its designee within the 30 -day period that additional thereof of the types described in Section 1(b)(2)(13) of the Davis -bTcon AcU. hme is necessary. (Approved by the Office of Management and Budget under OMB control number 1215. 0140.) daily and weekly number of flours worked, deductions made and actual n and wage pe (c) In the event the contractor, the taborets or mechanics 70 be wages paid. Whenever the any (abo ry of Labor has found under 29 CFR 5.5 employed in the claudication or their representatives, and HUD or is (a)(1)( that 50 wages of any laborer or mechanic include the amount of Secreta Designee do not spree on the proposed ulassitiealloa any cosh reasonably antidrpaletl in providing benefit under a plan or pro - designee the amount designated for hinge benefits, where a gram descntred in Sechon 1 130209 01 the Davis -Bacon Act. the contractor PDroWIsfe), shag maintain records which show that the commitment 10 provide such , Pervious Edition 3 Obsolete • . • • SC2U 1 GEMERAL COI ITIONS • PART 11 ` Federal Labor Standards Provisions 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appficab00y The Projector Program to which the construction work covered by this HUD or Its designee shall refer the questions, Mcluding the views of an contract pertains is being assisted by the United States of America and the Interested parties and the recommendsaon of HUD or its designee. to the following Federal Labor Standards Provisions are Included in this Contract Administrator for determination, The Administrator, or an authorized ewe- pursuant to the provisions applicable to such Federal assistance. tentative, will issue a determination within 30 days of receipt and so advise a 0 2 ,. (I) alinhrlum Wages. All laborers and mechanics employed Or work- HUD or its designee or will rustily HUD or its designee within the 30 -day Ina upon the site o(Ore work (or under the United States Housing Ad of period that additional lime is necessary. (Approved by the Office of Man - 1937 or under the Housing Act of 1049 in the construction or development agement and Budges under OMB Control Number 1215 - 0140.1 of the project), will be paid unconditionally and not bas often than once a (d) The wage rate (Including fringe benefits where appropriate) week, and without subsequent deduction or rebate on any account (except determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall such payroll deductions as ire permitted by regulations issued by the be paid to all workers performing work in the classification under this con. Secretary of Labor under the Copeland Act (29 CFR Pan 3), the lull amount tract horn Oro first day on which work 1s performed in the classification. of wages and bona 1 fringe benefits (or cash equivalents thereof) due a1 011) Whenever the minimum wage rate prescribed in the contract (or a time of payment computed at rates not bas ten those contained in the class of laborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of Labor which is attached hereto and expressed as en hourly rate, the contractor shall either pay the benefit as made a pan hereof. regardless of any contractures relationship which may stated in the wage determination or shall pay another bona fide cringe be alleged to axial between the contractor and such laborers end benefit or an hourly cash equivalent thereof. mechanics. Contributions made Or Costs reasonably anticipated for bona (iv) If the contractor does not make payments to a trustee or other third Ode hinge benefits under Section 184(21E4 the Davis -Bacon Act on behalf person, the contractor may consider as part of the wages of any laborer 1.1 Of laborers or mechanics are Considered wages paid to such laborers or mechanic the ansourd of any costs reasonably anticipated in providing mechanics, subject to the provisions o129 CFR5.5(a(1 thy); also, regular bona fide hinge benefits under a plan or program, Provided. That the contributions made or costs Incurred for more than a weekly period (but Secretary O( Labor has sound, upon the written request of the contractor. not less often Oran quenerly) under plans, kinds. or programs, which cover that the applicable standards 01 the Davis -Bacon Ad have been met. The the particular weekly period, are deemed to be eonstructivey made 0 Secretary o1 Labor may require the contractor to set aside in a separate incurred during such weekly period. account assets for the meeting of obligations under the plan or program Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Mee of Management and Budget under OMB Contra! and hinge benefits on the wage determination tor the classOlcation of work Number 1215- 0140.) actually performed. without regard to skill, except as provided in 29 CFR 2 03 WlmhoMing. HUD Or its designee shall upon its own action or upon Pan 5.5(x(4). Laborers or mechanics perlorming work In more than one written request of an authorized representative 01 the Department of Labor classification may be compensated at the rale specified for each classilica- withhold or Cause to be withheld irons the contractor under this contract or lion for the time actually worked t erein:.Provlded. That the employers pay- any other Federal contract with the same prime contactor. Or any other roll records accurately set tenth the time spent in each classification in Federally - assisted contract subject to Davis- Bacor. prevailing wage which work is performed. The wage determination (including any additional requirements. which is held by the same prime contractor so much or the classification and wage rates Conformed under 29 CFR Pan 5.5(aRI(ii) and accrued payments or advances es may be considered necessary to pay the Davis -Bacon poster (WH -1321) shall be posted at all times by the con - laborers and mechanics, including apprentices. trainees and helpers tractor and its subcontractors al the she of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages accessible, place where it can be easily seen by the workers requires' by the contract In the event of failure to pay any laborer or (0) (a) Any class of laborers or mechanics which is nol fisted to the mechanic, including any apprentice. trainee or helper. employee or working wage determination and which is t0 be employed under the contract shall on the site Of the work (or under the United Stales Housing ACI 01 1937 Or be classified In conformance with the wage determination. HUD shalt under the Housing Act of 1949 In the construction or development 01 the approve an additional classification and wage rate and hinge benefits project), all or part of the wages required by the contract HUD of its desig• therefore only when the (allowing Criteria have been met nee may. after written notice 10 the contractor. sponsor. applicant. or awnei. (1) The work lobe performed by me classification requested is not take such action es may be necessary t0 cause the suspension 01 any performed by a classification in the wage determination; and further payment, advance, or guarantee of funds until such wolali0ns ha +e (2) The classification is utilized in the area by the construction ceased. HUD or its designee may, after written notice to the contractor. ois- industry, and burse such amounts withheld for and on account of the contractor or sub. (3) The proposed wage rate, including any bona fide fringe bene- contractor to the respective employees t0 whom they are due The Cornc- fits. bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the rase Ot drrecl wage determination, - Davis -Bacon Act contracts. (b) II the contractor and the laborers and mechanics to be employed 204 (I) Payrolls and basic records. Payrolls and basic records relating In the classification (d known), or their representatives. end HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rale (including the amount preserved lot a period of three years thereafter for all taperers and designated for fringe benefits where appropriate), a report of the action mechanics working at the site of the work (or under the United States taken shall be sent by HUD or Its designee to the Administrator of the Wage Housing Act o1 1937. or under the Housing Act of 1949, in the construction and Hour Division. Employment Standards Administration, U.S. Department or development of the project). Such records shall contain the name. of Labor. Washington. D.C. 20210. The Administrator. Or In authorized address. and sodat security number of each such worker. his or her cor- representative. wit approve, modify. or disapprove every additional classili• rect classification, hourly rates 01 wages paid (including rates of centre, cation action within 30 days of receipt and so advise HUD or is designee tons or costs anticipated tut bona tide fringe benefits or cash equivalents or wan notdy HUD or its designee within the 30-day period that additional time Is necessary. IAPProved by the Office ol Management and Budget under OMB control number 1215 - 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee 0o not agree on the proposed classification and wage rare (including the amount designated for hinge benefits, where appropriate). Previous Edition 11 Obsolete U.S. Department of Housing and Urban Development SC21 ihereol of me types described in Section 1(b)(2)(13101 me Davrs - b. 00r Art daily and weekly number of hours worked. deductions made and actJa wages pad. Whenever the Secretary of Labor has lound under 29 CFR 55 (a(1(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated to providing benefits under a plan or pro. pram described in Section 1(b)(2)(BI of the Davis -Bacon Act, the 00ntiact0' shall maintain records which show mat the commitment to provide such HUD-4010 12 -841 1(61344.11 benefits b-antoroeable. that the plan or program is financially responsible. apprentice. The allowable ratio of apprentices to journeymen on the job site and thee the plan pr program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted lo the albaere or mechanics 'reacted, end records which show the touts antler- contractor 83 to to enere work force under the registered program. Any ' Paled or phe actual cost incurred in providing ugh benefits Contractors worker listed On • payroll al an apprentice wage rate, who is not registered nploying epprenypa or trainees under approved programs shall maintain or otherwiss employed as stated above shall be paid not less than ea written evidence of the registreliOn'ol apprenticeship programs and certlfi- applicable wage nee on the wage determination for the classification of Cation ot trainee programs, the registration of the apprentices and trainees, work actually pertained. In addition, any apprentice pertorming work on , and the relics and wage rates prescribed In the applicable programs. the job site In eoQ s5 of the ratio permitted under the registered program (Approved by the Office: of Management and Budget under DMB Control shall be paid not less than the applicable wage rate on the wage determi- Numbers 1215 -0140 and 1215-0017.) nation for the work actually performed. Where a contractor Is performing (I) (a) Tire contractor shall submit wieldy for each week In which any construction on • pro)eet M • locality Other than that in which its program is Contract work is performed • copy of all payrolls to HUD or Its designee O registered, she ales and wage ales (expressed in percentages of the jour - tra agency h a parry to the Contract but I the agency Is not stet • party. neyman s hourly rate) specified in the contractors or subcontractor's regrs- the contractor will submit the payrolls to the applicant, sponsor or miner. bred program shall be observed. Every apprenctiee must be paid at not es the case may be, for transmission to HUD or lb designer The payrolls less than the retie specified In the registered program for the apprentice's ' submitted shall set out accurately and completely all of the information level d progress, expressed as • percentage 01 the Journeymen hourly rate required to be maintained under 29 CFR Pad 5$(a)(3)(1). TN* Information specified In determination. the applicable wage determination. Apprentices shall be paid may be submitted In any form desired. Optional Form WH-347 is available finge benefits In accordance with the provisions of the apprenticeship for this purpose and may be purchased ream the Superintendent of Docu- program. It the apprenticeship program does not specify hinge benefits, ' fonts (Federal Stock Number 029- 005-00014 -1), U.S. Government Printing apprentices must be paid the full amount of hinge benefits listed on the Office Washington. DC. 20402. The prime contractor le responsible for tie wage determination for the applicable classification. If the Administrator submiasi0n of copies of payrolls by aWoubccn3actora (Approved by the determines theta different practice prevails for the appheable apprentice Office al Management and Budget under OMB Control Number classification. fringes shall be paid in accordance with that determination. In ' 1215 -0149.) the event the Bureau of Apprenticeship and Training. or a State Appren (b) Each payroll submltled shall be accompanied by a "Statement of tr0eship Agency recognized by the Bureau. withdraws approval of an Compliance," signed by the contractor or subcontractor or his or her agent apprenticeship program. the contractor will no longer be permitted to utilize who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work ' contract and shall certify the hollowing performed until an acceptable program is approved. (l) That the payroll for the payroll period contains the information 69 Trainees. Except as provided in 29 CFR 516 trainees will 'Vibe required to be maintained under 29 CFR Pan 5.5 (a)(3)() and that such permitted to work el less than the predetermined rate for me work per. information Is correct and complete; formed unless they are employed pursuant 10 and individually' registered in (2) That each tsbmer or mechanic (including each helper. • program which has received prior approval. evidenced by lormal cert.li• , apprentice, and trainee) employed on the Contract during the payroll period cation by the V.S. Deparbnent of labor. Employment and Training Admin has been paid the full weekly wages earned. wilhOul rebate. tether directly stration. The ratio of trainees to journeymen on the job site shall not be or indirectly. and that no deductions have been made either directly or Indi• greater than permitted under the Wan approved by the Employment end rectly from the full wages earned. other than permissable deductions as set Training Administration. Every trainee must be paid at not less than the rate ' forth in 29 CFR Pan 3, specified in the flowered program for me trainee's level 01 progress. (3) That each laborer or mechanic has been paid not less than the expressed es a percentage of the journeyman hourly rale specified re the applicable wage rates end fringe benefits or cash equivalents for the clas- applicable wage determination. Trainees shall be paid hinge benefits in sication of work performed. as specified in the applicable wage determine accordance with the provisions of the trainee program. If the trainee pro ' eon incorporated Into the contract prom does not mention fringe benefits, 1,auhees shall be paid the her (c) The weekly submission of a properly executed certification set am0unl of hinge benefits listed on the wage determination unless the 'forth on the reverse side Of Optional Form WH -347 shall satiety the Administrator of the Wage and Hour Diwsron determines that (here is an requirement for submission of the "Statement of Compliance" required by apprenticeship program associated with the corresponding journeyman , paragraph A.3.06(b) ol this section. wage rote On me wage determination which provides for less than LA (9) The lalslaca3on of any of the above certifications may subject the M th nge benefits for apprentices. Any employee listed on e payroll et e contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in 0 Veining plan 1001 of Title 16 and Section 231 of Title 31 of the United Stales Code. approved by the Employment and Training Administration shall be paid no' ' (al) The contractor or subcontractor shall make the records required less m m an the applicable wage rate on e wage determination for the wog• under paragraph &3.9) of this section available for inspection. copying. Or actually performed. In addition, any trainee penorming work on the job site transcription by authorized representatives of HUD or its designee or the in excess 01 the ratio permitted under the registered program shall Dr pare Department of labor, end shall permit such representatives to interview not less than the appIrcable wage rate on the wage determination Ir' the , employees during working hours On me job. If the contractor or subcon- wok actually performed. In the event the Employment and Training Admir. 5adtor tails to submit the required records or to make them available. HUD tstralion withdraws approval of a training program, me contractor win "c or 06 designee may, Mer written notice to the Contractor. sponsor, appli- longer be permitted to utilize trainees at less than the applicable prede'.e•- cant or owner. take such action as may be necessary to Cause the sus- mined rate for the work performed until an acceptable program is , pension of any hider payment advance, or guarantee of hinds. Further - approved. more, failure 10 submit the required records upon request or to make such 2 06 Equal employment opportunity. The utilization o1 apprentice` records available may be grounds for debarment action pursuant to 211 trainees and journeymen under this pen shall be in conformity with ir,0 CFR Pan 5.12. equal employment opportunity requirements of Executive Order 1124E as ' 2 0 6 (I) Apprentices and Trainees. Apprentices. Apprentices will be per- amended, and 29 CFR Pad 30. mined to work et less than the predetermined rate for the work they per- 2 0 7 - 6. Compliance with Copeland AM requlrenhena. The contractor she" formed when they are employed pursuant to and individually registered Ina comply with the requirements 0129 CFR Pen 3 which ere Incorporated b, bona fide apprenticeship program registered with the U.S. Department of reference in this contract ' Labor. Employment and Training Administration, Bureau or ApprenbceshIp209 - 6. Subcontracts. The contractor or subcontractor will insert in any sub. and Training. or with a Stale Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.51a)(1) through (10) and suet. Bureau. car If e person is employed In his or her first 90 days of probationery other clauses as HUD or its designee may by appropriate instructions employment as an apprentice in suds an apprenticeship program, who Is require, and also a clause requirinc eye subcomrecters In Include these not morviduelly registered in the program. but who has been certified by the clauses in any lower tier subcontracts The prime contactor she!' be , Bureau of Apprenticeship and Training or a State Appreneceship Agency responsible for the compliance by any subcontractor or tower tier subcor• (where appropriate) to be eligible tor probetioary employment as an tractor wen all the Conee01 clauses in 29 CFR Pan 5.5. SC22 HuD .401012 -94 ' 1 1 1 1 1 • • s 7. ICenireds le debarment debamnt A breach of to contract douses M 29 CFR 5.5 Maybe grounds for serminetion of to contract and for debar- ment oils eonbaClor and • subcontractor is provided M 29 CFR 5.12. .1 0 - 9. Compliance with Darta -Bacon and Related Ad RequkImwnb. All rul- ings end Mterpr8tati008 of to Davb and Related Acts contained in 29 CFR Parts 1, 3. and 5 are herein Incorporated by reference in this contract .1 0 - 9. Disputes wueanMg labor standards. Disputes arising out of the labor Wandards pW Worts of this contract shell not be subject 10 the general I disputes clause Of the cOntrecl. Such disputes shell be resolved M accor- dance with to procedures of the Department of labor set loin M 29 CFR Pars 5, 6, and 7. Disputes within the meaning d IS clause Include dis- putes between the contractor (or any of as subcontractors) and HUD or to designee. the US. Department of labor. or the employees or their representatives. .1 1 - 10. m Certification el EGgIblety. By entering into this contract the con- tractor certifies that-neither t (nor he or she) nor any person or firm who has an interest Mthe contractor's firm is ■ person or fern ineligible to be awarded Government Conea0ta by Whit of Section 3(e) of the Davis - Bacon Actor 29 CFR 5.120)(1) or to be awarded HUD 0ontrads or partici- pate in HUD programa pursuant 10 24 CFR Part 24. P9 NO pan of this contract shall be subrnntrscted lo any person or firm Ineligible for award el a Government concoct by virtue or Section 3(8) 01 the Davis -Bacon Ad or 29 CFR 5.12(@)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Pan 24. (111) The penalty for shaking false statements Is prescribed M the U.S. Criminal Code. 16 U.S.C. 1001. Additionally, U.S. Crimnal Code. Section 1010. Tee 18 , U.S.C. 'Federal Housing Administration transactions ". pro- vides M part 'Whoever, for the purpose of. ..Mfiuendng M any way the action of such Administration... makes, utters or publishes any statement ' knowing the some to be terse... @hall be fined not more than 95.000 or Imprisoned not more than two years. or both. - 2 12 . CanptaMta, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage. salary, or other labor standards provisions of ' this Contract are applicable stall be discharged or In any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted . any proceeding or has testified or is about to testify M any proceeding under or reeling IO the tabor standards applicable under this Contract to his employer. 2 1 3 . Contract Week Hours and Safety Standerds Act. As used in this para- graph the terms "laborers" and "meChanice Mdude watchmen and guards. (1) Oman* requirements. No contractor or subcontractor contracting for any pan of the contract work which may require or Mvdve the employ- ment of laborers el mechanics shalt require or permit any such laborer or mechanic In any workweek In which he or she is employed on such work to work In excess of eight hours M any calendar day or In excess of lorry hours in such workweek unless such laborer or mechanic receives com- 1 1 1 1 1 pentetion at a rate not less than one end one -Ntt times the basic rate o1 pay for all hours worked In excess of eight hours M any calendar day or In excess of forty hours M such workweek whichever b grealer. (2) Vlel.9on; Mobility for unpaid wages; liquidated damages. In the event of any violation of the clause eel loin M subparagraph (1) of this paragraph, the contractor and any eubcOntredor responsible therefor shall be liable for the unpaid wages. M addition. such contractor and subcon- tractor shall be liable to the United Metes tin the ease of work done under contract for the District of Columbia or • territory. to such District or to such territory), for Liquidated damages. Such liquidated damages shall te com- puted with respect lo each individual laborer or mechanic, including watchmen end guards. employed In violation al the douse set IoM in sub- paragraph (1) of this paragraph. M the sum 01 910 for each calendar day on which such Individual was required or permitted to work in excess d eight hours or M excess of the standard workweek of lorry hours without pay- ment of the overtime wages required by the clause set fonh In subpara- graph (1) of this paragraph. (3) Withholding for unpaid wages and IquldNed damages. HUD or its designee shall upon as own action of upon written request of an autho- rized representative of the Departrnent of tabor withhold or cause to be withheld. from any moneys payable on .00080(4 work performed by the b0ntractor or subcontractor under any such Canted or any other Federal Contract with the same prime contract or any other Federally- assisted con - trad subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages end liquldel d damages as provided in the clause net IoM in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any aubcOntracts ore clauses set IoM in WbperagraPh (1) through (4) of this paragraph end also a Clause requiring the subcontractors to Include these clauses In any lower tier subcontracts. The prime contractor Shall be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses set IoM M subparagraphs (1) through (4) of this paragraph. 214 Health end Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous. or flange, - 0us to his health and safety as determined under construction safety and health standards promulgated by the Secretary o1 labor by regulation. (2) The Contractor shall Comply with ell regulations issued by the Secretary of labor pursuant to Title 29 Pan 1926 (formerly par 1518) and failure to comply may resua In Imposition of sanctions pursuant to the Cen- tred Work Hours and Safety Standards Act (Public taw 91.54, 83 Stet 961 (3) The Contactor shall include the provisions of this Article in every Subcontract so that such provisions will be binding on each subcontractor The Contractor shell take such action with respect to any subcontract as the Secretary ot Housing end Urban Development or the Secretary of Leb• shall direct as a means 01 enforcing such provisions EFFECTIVE JANUARY t, 1966. THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENT THAT CONTRACTORS PAY EMPLOYEES TIME AND ONE -HALF THEIR BASIC RATE OF PAY FOR FOURS WORKED IN EXCESS OF 0 HOURS PER DAY WAS ELIMINATED FROM THE ACT. OVERTIME COMPENSATION FOR HOURS WORKED IN EXCESS OF 40 HOURS PER REEK CONTINUES TO BE REQU I RED ( EMPHASIS ADDED) 5023 HUD4010 12.041 AITACtwltNI b -11 117 ,," Fl TCDP WAGE RATE DETERMINATION REQUEST '�L � I rn4iv ` ' TOGA CONTRACT NuMDER 5705480 PHASE X OR PARCEL l' LOCATION Main Street c,TY Round Rock COUNTY Williamson II ESTIMATED COST OF CONSTRUCTION /REMODELING $710,250.00 DESCRIPTION OF PROGRAM ACTIVITY; HOUSING /REHAB MODERNIZATION II PUBLIC FACILITIES X . ECONOMIC DEVELOPMENT OTHER IF REORDER PRIOR DECISION NUMBER: DATE' DESCRIPTION or vom .( BE SPECIFIC) Water and Sewer Facilities. Street improve- ments and Flood and Drainar_e Facilities ' TYPE OF CONSTRUCTION /BUILDING: COI.O•ERCIAL RESIDENTIAL HEAVY X HIGHWAY X pipe TYPE of MATERIAL IN CONSTRUCTION: FRAME MASONRY OTHER asphalt NUMBER OF STORIES NA NUMBER OF UNITS: NA ELEVATOR REQUIRED? 110 NO. OF STORIES , IF DEMOLITION STATE WHETHER: RESIDENTIAL COMMERCIAL PARKING AREA NA NO. OF SPACES PAVING REQUIRED ves EXCAVATION LAND LT yes LAND no LANDSCAPING yes COMMENTS: none EST. ADVERTISING DATE posy 1986 EST. START OF CONSTRUCTION .Telly 1986 APPROXIMATE DATE CONTRACT TO BE AWARDED .T11ne 12, 1986 ' pEnsoN REQUESTING DETERMINATION Gilwnn Waathrnnk TELEPHONE 214/489 -7720 AGENCY Gilson Westbrook A• Associate ADDRESS P.O. Box 2087 Malakoff. Texas 75148 ' DATE 9/P4/86 REQUEST TO BE FORWARDED TO: • Texas Department of Connnunity Affairs Community Development 8 Housing Division Labor Standards Specialist ATTENTION: Texas Community Development Program 8317 Cross Park Drive Austin, Texas 78754 -5124 5C24 TELEPIOI.EI 512-834-6030 NOTE: Request for a wage determination or a record of a wage decision must be ordered 60 to 90 days prior to start of construction or the award of the contract. 1 1 1 1 1 1 1 1 1 1 1 GENERAL WAGE DECISION NO. TX86 Supersedes General Wage Decision No. TX85 -4038 State: _ TEXAS COUnty(1ea): ZONE 1 - .Slorado.aFayette.1 Caldwell. Gillespie. Gonzales. Co Lee. Llano & Mason, * * ** ZONE 2 - Hays. Travis 61-111-1-111A1161-111-1-11161-111-1-111A1122131-1' I I111eao ZONE 3 - Burleson. Grimes. Leon.. Madison. Milam•.RObertson•. Walker & Washington ZONE 4 - Brazos Construction Type: Heavy & Highway Construction Description: Heavy (excluding tunnels & dams) and Highway Projects (does not include building structures in rest area projects). .NOT TO BE USED FOR WORK ON SEWAGE OR TREATMENT LIFT/PUMP COUNTIES. Modification Record: NO. ****zoNE 2 IS APPLICABLE TO THE CONCRETE DRAINAGE CHANNELL AND RE FUNDED UNDER THE TEXAS COMMUNITY DEVELOPME APPROVED BY: OFFICER, TDCA, Publication Date Page No.(s) CITY OF ROUND ROCK WATER MAINS, STREET RECONSTRUCTION 11 OF 31 SC25 DATE ISSUED * ** *ZONE 2 IS APPLICABLE TO THE CITY OF ROUND ROCK WATER MAINS. STREET RECONSTRUCTION CONCRETE LINAGE CHANNELL AND RELATED CONSTRUCTION CONTRACT WORK * * * * * ** Basic Basic Hourly Hourly Rates Rates (ZONES 1 (ZONES 3 & 2 ) & 4 ) * * ** ASPHALT HEATER OPERATOR 5.25 5.15 ASPHALT RAKER 6.10 5.55 BATTERBOARD SETTER - 5.50 CARPENTER 7.00 8.30 CARPENTER HELPER 5.90 - CONCRETE FINISHER (PAVING) 8.00 6.75 CONCRETE FINISHER HELPER (PAVING) 6.65 6.00 CONCRETE FINISHER (STRUCTURES) 6.80 7.90 CONCRETE FINISHER HELPER (STRUCTURES) 5.25 7.00 CONCPETE RUBBER 6.50 - ELECTRICIAN 8.90 14.00 ELECTRICIAN HELPER - 9.25 FORM BUILDER (STRUCTURES) 7.00 6.85 FORM BUILDER HELPER (STRUCTURES) 6.25 6.00 FORM SETTER (PAVING & CURB) '- 6.75 FORM SETTER HELPER (PAVING & CURB) - 6.35 FORM SETTER (STRUCTURES) 6.85 8.05 FORM SETTER HELPER (STRUCTURES) 6.05 6.05 LABORER. COMMON 5.25 4.95 LABORER, UTILITY 5.85 5.75 MECHANIC 7.80 8.50 MECHANIC HELPER 6.20 7.00 OILER - 6.35 SERVICER 6.10 7.00 PAINTER (STRUCTURES) 8.00 10.00 PIPELAYER - 5.50 REINFORCING STEEL SETTER (PAVING) 7.00 6.60 REINFORCING STEEL SETTER (STRUCTURES) 7.25 7.25 REINFORCING STEEL SETTER HELPER 5.65 5.75 SPREADER BOX MAN 6.65 6.15 POWER EOUIPMENT OPERATORS: Asphalt Distributor 6.75 6.80 Asphalt Paving Machine 7.05 6.70 Broom or Sweeper Operator 5.40 4.95 Bulldozer 150 HP & Less 7.05 6.75 Bulldozer over 150 HP 7.85 7.85 Concrete Paving Joint Sealer - 6.50 Crane, Clamshell, Backhoe, Derrick. Dragllne, Shovel (less than 1 1/2 CY) 7.60 7.00 Crane, Clamshell, Backhoe. Derrick, Dragllne. Shovel (1 1/2 CY & Over) 8.00 9.50 Front End Loader (2 1/2 CY & less) 6.60 6.35 Front End Loader (Over 2 1/2 CY) 7.50 7.45 Motor Grader Operator. Fine Grade 8.75 8.90 Motor Grader Operator 7.95 7.70 Roller. Steel Wheel (Plant -Mix Pave- ment) 6.10 5.40 Roller. Steel Wheel (Other -Flat Wheel or Tamping) 5.70 5.95 Roller. Pneumatic (Self- Propelled) 5.90 5.50 FUNDED UNDER THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. TDCA CONTRACT NUMBER 5705480 SC26 1 1 1 1 1 1 1 � 1 1 1 1 1 1 1 1 1 1 1 1 * * ** Scrapers (17 CY & Less) 6.35 6.40 Scrapers (Over 17 CY) 6.80 7.45 Side Boom 5.80 - Tractor (Crawler Type) 150 HP & Less 6.35 - - Tractor (Crawler Type) over 150 HP 7.35 - Tractor tP'hsumatic) over 80 HP 6.35 - Traveling Mixer - 5.25 Wagon Drill. Boring Machine or Post Hole Driller Operator 5.25 TRUCK DRIVERS: Single Axle, Light 5.45 5.75 Single Axle. Heavy 6.30 6.25 Tandem Axle or Semitrailer 5.95 6.45 Lowboy -Float 6.25 - Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards Contract clauses (29 CFR, 5.5 (e) (1) (11)). * ** * ZONE 2 IS APPLICABLE TO THE CITY OF ROUND ROCK WATER MAINS, STREET RECONSTRUCTION, CONCRETE DRAINAGE CHANNELL AND RELATED CONSTRUCTION CONTRACT WORK * * * * * * * ** FUNDED UNDER THE TEXAS COMMUNITY DEVELOPMENT PROGRAM, TDCA CONTRACT NUMBER 5705480 (D OF 3) SC27 Tx86 -38 TEXAS COMMUNITY DEVELOPMENT PROGRAM REPORT OF ADDITIONAL CLASSIFICATION AND RATE (SEE INSTRUCTIONS • ON REVERSe) DATE OF REPORT To: DIRECTOR, COMMUNITY DEVELOPMENT PROGRAM TEXAS DEPARTMENT OF COMMUNITY AFFAIRS 8317 CROSS PARK DRIVE AUSTIN, TEXAS 78754 -5124 FROIJ:(NAME AND ADORES. CONTRACT CITY/COUNTY) OF PROJECT PROJECT NUMBER ( NAME OF PROJECT (CITY, COUNTY AND STATE) LOCATION DESCRIPTION OF WORK IN ORDER TO COMPLETE THE PROJECT, IT IS NECESSARY TO ESTABLISH WAGE RATE FOR THE FOLLOR- ING CLASSIFICATIONS NOT INCLUDED IN THE U.S. DEPARTMENTD OF LABOR WAGE DETERMINATION NO DECISION CLASSIFICATION(S) (LIST) BASIC HOURLY RATE(S) FRINGE BENEFIT PAYMENTS NAME,ADDRESS AND ZIP CODE OF LABOR ORGANI- ZAT ION NAME,ADDRESS AND ZIP CODE OF CONTRACTOR TITLE OF LABOR ORGANIZATION'S REPRESENTA T1VE TITLE OF CONTRACTOR'S REPRESENTATIVE O SUPPORTING DOCUMENTS ATTACHED. D THE INTERESTED PARTIES, INCLUDING THE EMPLOYEES OR THEIR AUTHORIZED REPRESENTATIVES AGREE ON THE CLASSIFICATION AND WAGE RATE. D THE INTERESTED PARTIES, INCLUDING THE EMPLOYEES OR THEIR AUTHORIZED REPRESENTATIVES CANNOT AGREE ON THE PROPER CLASSIFICATION AND WAGE RATE. A DETERMINATION OF THE QUESTION BY THE SECRETARY OF LABOR IS THEREFORE REQUESTED AVAILABLE INFORMATION AND RECOMdENDAT 1 ONS ARE ATTACHED. o APPROVED (PENDING ACCEPTANCE AND FINAL APPROVAL BY U S DEPARTMENT OF LABOR( ELIZABETH A KEITH LABOR STANDARDS OFFICER DATE - TEXAS COMMON( TCDP /FRIG.423OA 14.73) SC28 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS - SUPPLEMENTAL CLASSIFICATIONS • The Regulations of the Secretary of Labor, 29 CFR, Part 5 Section 5.5(a) (1) (ii) provide that the contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination. A report of the action taken shall be sent by the State Agency to the Department of Labor. .This is mandatory. Important points to be considered are as follows: 1. The wage determination should be reviewed to see if there is a classification that can be used to cover the work to be performed. 2. If there is no appropriate classification in the schedule, determine whether the classification requested is generally used in the construction industry and the rate requested is prevailing locally. 3. The wage rates and fringe benefits should be not less than those prevailing on the date of the applicable wage determination decision. The rates of pay will be established as follows: 1. Signed statements with respect to prevailing rates listing the classification of labor to be employed and the prevailing minimum wage rate for each will be obtained from the secretaries of the Associated General Contractors (AGC) and the Building Trades Council (BTC) having jurisdiction, where possible. 2. If statements from the Secretaries of the AGC and the BTC are not applicable, or impossible to obtain, the following procedure will be used: Secure letters from at least three (3) contractors who normally work in the area of the project indicating what they pay employees in the needed classifications. These statements and any other material will form the basis of the minimum prevailing rates to be established. The interested parties, including the employees or their authorized representative, must agree on the classification and wage rate. In the event the interested parties, including the employees who are not represented by organized labor, cannot reach agreement as to the proper classification or reclassification, the matter shall be referred to the Texas Community Development Program (for forwarding to the Department of Labor for final determination). This report should not be utilized to add the classification and rate for Helpers and other such subclassifications. These classifications are included in the wage determination decisions when the information available to the Department of Labor indicates that a practice of using such subclassifications prevails in the area. This form is intended to be self - explanatory. All pertinent information must be reported and supporting data attached. Each supplemental classifi- cation action must be approved by the Texas Community Development Program Labor Standards Officer and sent to the Employment Standards Administration, U.S. Department of Labor, Washington, D.C. SC29 • TEXAS COMMUNITY DEVELOPMENT PROGRAM REPORT OF ADDITIONAL CLASSIFICATION AND RATE (BEE INSTRUCTIONS ON REVERSE) DATE OF REPORT To: DIRECTOR, COMMUNITY DEVELOPMENT PROGRAM TEXAS DEPARTMENT OF COMMUNITY AFFAIRS 8317 CROSS PARK DRIVE AUSTIN, TEXAS 78754 -5124 FROM:INANE AND ITV /COUNTY) IFROJCCT NUMBER NAME OP PROJECT LOCATION OF PROJECT (CITY, COUNTY AND STATE) DESCRIPTION OF WORK IN ORDER TO COMPLETE THE PROJECTS IT IS !Bpi WAGE RATE FOR THE FOLLOW- ING CLASSIFICATIONS NOT INCLUDED IN THE U.S. LABOR WAGE DETERMINATION DECISION NO DATED CLASSIFICATION(S) (LIST) F BASIC HOURLY RATES) FRINGE BENEFIT PAYMENTS NAME, ADDRESS AND ZIP CODE OF LABOR ORGANI• Z.AT 1 ON NAME,ADDRESS AND ZIP CODE OF CONTRACTOR TITLE OF LABOR ORGANIZATION`S REPREBENTA T1VE TITLE OF CONTRACTOR'S REPRESENTATIVE O SUPPORTING DOCUMENTS ATTACHED. 0 THE INTERESTED PARTIES, INCLUDING THE EMPLOYEES OR THEIR AUTHORIZED REPRESENTATIVES AGREE ON THE CLASSIFICATION AND WAGE RATE. 0 THE INTERESTED PARTIES. INCLUDING THE EMPLOYEES OR THEIR AUTHORIZED REPRESENTATIVES, CANNOT AGREE ON THE PROPER CLASSIFICATION AND WAGE RATE. A DETERMINATION OF THE QUESTION BY THE SECRETARY OF LABOR 1S THEREFORE REQUESTED. AVAILABLE INFORMATION AND RECOMMENDATIONS ARE ATTACHED. 0 APPROVED(PENDING ACCEPTANCE AND FINAL APPROVAL BY U B DEPARTMENT OF LABOR) ■ ELIZABETH A KEITH LABOR STANDARDS OFFICER DATE TEXAS COMMUNITY DEVELOPMENT PROGRAM TCDP /MUD• 423GA (A.73) SC3O 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS - SUPPLEMENTAL CLASSIFICATIONS The Regulations of the Secretary of Labor, 29 CFR, Part 5 Section 5.5(a) (1) (ii) provide that the contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination. A report of the action taken shall be sent by the State Agency to the Department of Labor. This is mandatory. Important points to be considered are as follows: 1. The wage determination should be reviewed to see if there is a classification that can be used to cover the work to be performed. • 2. If there is no appropriate classification in the schedule, determine whether the classification requested is generally used in the construction industry and the rate requested is prevailing locally. 3. The wage rates and fringe benefits should be not less than those prevailing on the date of the applicable wage determination decision. The rates of pay will be established as follows: 1. Signed statements with respect to prevailing rates listing the classification of labor to be employed and the prevailing minimum wage rate for each will be obtained from the secretaries of the Associated General Contractors (AGC) and the Building Trades Council (BTC) having jurisdiction, where possible. 2. If statements from the Secretaries of the AGC and the BTC are not applicable, or impossible to obtain, the following procedure will be used: Secure letters from at least three (3) contractors who normally work in the area of the project indicating what they pay employees in the needed classifications. These statements and any other material will form the basis of the minimum prevailing rates to be established. The interested parties, including the employees or their authorized representative, must agree on the classification and wage rate. In the event the Interested parties, including the employees who are not represented by organized labor, cannot reach agreement as to the proper classification or reclassification, the matter shall be referred to the Texas Community Development Program (for forwarding to the Department of Labor for final determination). This report should not be utilized to add the classification and rate for Helpers and other such subclassifications. These classifications are included in the wage determination decisions when the information available to the Department of Labor indicates that a practice of using such subclassifications prevails in the area. This form is intended to be self - explanatory. All pertinent information must be reported and supporting data attached. Each supplemental classifi- cation action must be approved by the Texas Community Development Program Labor Standards Officer and sent to the Employment Standards Administration, U.S. Department of Labor, Washington, D.C. SC31 NOTE: FEDERAL LABOR STANDARDS PROVISIONS AMENDMENT ATTACHED FEDERAL LABOR STANDARDS PROVISIONS CONTAIN AN AMENDMENT AFFECTING REQUIREMENTS UNDER THE 'CONTRACT WORM HOURS AND SAFETY STANDARDS ACT'. PLEASE REFER TO PAGE 3(OR 462) FOR THE NOTATION AMENDING SECTION 213. ALL CONSTRUCTION CONTRACTS PERFORMING 11DRK UNDER A TDCA COMMUNITY DEVELOPMENT PROGRAM FUNDED PROJECT AND AWARDED AFTER JANUARY 1. 1666 SHOULD CONTAIN THE AMENDED PROVISIONS. SC32 " INTRODUCTION Davis -Bacon and related Acts (DBRA) The Davis -Bacon Act, as•amended, requires that each contract over 62,000 to which the United States or the District of Columbia is a party for the construction, alteration, or repair of public buildings or public works contain a clause setting forth the minimum wages to be paid to various classes of lhborers and mechanics employed under the contract. Under the provisions oseos the Act, contractors or their subcontractors are to pay employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The Davis -Bacon Act directs the Secretary of Labor to determine such local prevailing wage rates. In addition to the Davis -Bacon Act itself, Congress has added prevailing wage provisions to approximately 60 statutes which assist guarantees, andtinsurance. Theseu'relateds loans, Acts " involve construction in such areas as health, housing, air and water pollution and transportation. If a construction project is funded or assisted under more than one Federal statute, th e ect Davis -Bacon prevailing wage provisions may apply to pro if any of the applicable statutes requires payment of ea wage rates. The geographic scope of the Davis -Bacon Act is limited, by its terms, to the 50 states and the District of Columbia. By the same token, the scope of each of the related Acts is determined by the terms of the particular statute under which the Federal assistance is provided. For example, Davis -Bacon prevailing wage provisions would apply to a construction contract located in Guam or the Virgin Islands funded under the Housing and Community Development Act of 1974, even though the Davis -Bacon Act itself would not apply. SC33 Wage Determinations A "wage determination" is the listing of wage rates and fringe benefit rates for each classification of laborers and mechanics which the Administrator of the Wage and Hour Division of the Department of Labor has determined to be prevailing in a given area for a particular tkpe of construction (e.g., building, heavy, highway, or residential). The Wage and Hour Division (the Division), issues two types of wage determinations: general determinations, also known as area determinations, and project determinations. The term "wage determination" is defined as including not Only original decision but any subsequent decisions modifying, superseding, correcting, or otherwise changing the rates and scope of the original decision. DE -MA /al Wage Determinations reflect those rates determined by the Division to be prevailing in a specific geographic area for the type of construction described. The general wage decisions contain no expiration date and remain in effect until modified, superseded, or withdrawn. General wage determinations are usually issued whenever the wage patterns for a given location, for a particular type of construction, are well settled and it appears there will be a recurring need for determined rates. If a contracting agency has a proposed construction project to which a general determination would be applicable, the published determination may be used by the contracting agency without consulting the Department of Labor. As of 1985, about one -half of the counties in the United States were covered by general wage determinations for building construction.. General determinations for highway construction applied to nearly all areas, and approximately three - quarters of the counties were encompassed by general wage determinations for heavy construction. Few general determinations are issued for residential construction. .Zoiect-Hage DeterminationS. These are issued at the specific request of a contracting agency; are applicable to the named project only; and expire 180 calendar days from the date of issuance unless an extension of the expiration date is requested by an agency and approved by the Division. If such a - determination is not used in the period of its effectiveness, it is void. Project determinations are issued in response to contracting agencies submitting to the Division a ¶tandard Form 308 requesting a wage determination. Modifications of general and project wage determinations are issued to update certain data in the original determination. If publication occurs less than 10 days prior to bid opening, and the agency finds that there is not sufficient time still available before bid opening to notify bidders of the modification, it may be disregarded. If a contracting officer chooses to disregard a modification, a report of this action 5C34 shall be inserted in the contract file and made available to the Division upon request. If a contract has not been awarded within 90 days after bid opening, or in case of projects under the National Housing Act, construction has not begun 90 days after initial endorsement or the signing of the agreement to enter into a housing assistance payments contract, any modifications published to a general wage determination prior to award of the contract or beginning of construction, as appropriate, shall be effective with respect to that contract unless the agency requests and obtains an extension of the 90 -day period from the Division. Nt p date d the provisions of Determinations are Supersedea up s decisions affecting general determinations are effective under the same circumstances as "modifications ". However, the difference between modification and supersedeas is that the modification allows an existing wage decision to remain active, as modified, whereas the latter supersedes an existing wage decision and, therefore replaces it. General wage determination decisions of the Secretary of Labor are issued in accordance with applicable law and are based on the information obtained by the Department of Labor from its study of local wage conditions and data made available from other sources. They specify the basic hourly wage rates and fringe benefits which are determined to be prevailing for the described classes of laborers and mechanics employed on construction projects of a similar character and in the localities specified therein. The determinations in these decisions of prevailing rates and fringe benefits have been made by authority of the Secretary of Labor 3, the Stat. 1494, as amended, 40n of March U.S.C. U.S.C.276a) and of other Federal statutes referred to in 29 CFR Part 1, Appendix, as well as such additional statutes as may from time to time be enacted containing provisions for the payment of wages Legal Basis And Application Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions SC35 .determined to be prevailing by the Secretary of Labor n accordance with the Davis -Bacon Act and pursuant to th provisions of 29 CFR Part 1. The prevailing rates and fringe benefits determined in these decisions shall, in accordance with the provisions of the foregoing statutes, constitute the minimum wages payable on Federal and federally assisted construction projects to laborers and mechanics of the specified classes engaged on contract work of the character and in the localities described therein. General wage determination decisions contain no'expiration dates and are effective from their date of notice in the Federal ReaistaI, or on the date written notice is received by the agency, whichever is earlier. These decisions are to be used in accordance with the provisions of 29 CFR Parts 1 and 5.. Accordingly, the applicable decision, together with any modifications issued, must be made a part of every contract for performance of the described work within the geographic area indicated as required by an applicable DBRA Federal prevailing wage law and 29 CFR Part 5. The wage rates contained herein must be the minimum paid by contractors and subcontractors to laborers and mechanics. • Modifications and Supersedeas Decisions to General Wage Determinations Modifications and supersedeas decisions to general wage determination decisions are based upon information obtained concerning changes in prevailing hourly wage rates and fringe benefit payments since the decisions were issued. Such decisions contain no expiration date and are effective from the date that notice of such decisions is published in the f'ederAl_Reaister, or on the date written notice is received by the agency, whichever is earlier. These decisions are to be used in accordance with the provisions of 29 CFR Parts 1 and 5. Any person, "organization,:or governmental agency having an interest in the rates determined as prevailing is encouraged to submit wage rate and fringe benefit information for consideration by the Department. Further information and self- explanatory forms for the purpose of submitting this data may be obtained by writing to the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Division of Wage Determinations, 200 Constitution Avenue, N.W. - Room S -3502, Washington, D.C. 20210. SC36 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319 -25). The implementing rules and regulations provide that any bidder or prospective contractor. or any of their proposed subcon- tractors. shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause: and. if so. whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable in- structions. such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be 'awarded unless such report is submitted. CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER fMtrpat Ill Coact t. Bidder has participated in a previous contract or subcontract Subject to the Equal Opportunity Clause. ❑ Yes ❑ No 2. Compliance reporu were required to be filed in connection with Such contract or Subcontract. ❑ Yet ❑ No 3. Bidder has filed all compliance reports due under applicable instructions, including SF -1O0. ❑ Yes ❑ No ❑ None Required 4. Have you ever been or are you being considered for ion due to violation of Executive Order 11246, as amended? Yes Q No NAME AND TITLE or SIGNER Meese typal SIGNATURE DATE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACTOR CERTIFICATIONS so mos Fcum NUD.'73a eA•M it 08,01•1. SC37 NUD.950.1 111181 TO (Amer'" . Aery:•Or d• . 2. N. certifies 1M1• A. N• c.rtlli•r that: (e) 1M 1q•1 tom •ad 1k Mtlama eddies. •114. .sY•isi 4•J ore. (11 11. .d.•ip0d it: 111 a •[NI Or •••••G .rD (IMMUNITY Oer4LO••INI \LOGS 41• .. CONTRACTOR CONCERNING LAROR STANDAEDS AND PREVAILING 1YAGE REQUIREMENTS IRO • • more n. .• IN • SC38 ••0111C• 441 .an 01 ..ii •••IsCT .••e E. UV .ad•..Ip•l, h..h. ••••1.4 s malted .Nh fa IM ruction of U• :bone-Identified h•)•n, 1cMw1•d4os diet: (a) TM Labor Standard. pmeietons are Included In the •1.4.4•14 coshes% 1 (b) C.ndi•..1 say Inlnclf•n• of the .I.,.4•W cendi0••u. hrel.dieg Sanctions 17 !•y of his •ek•Mresta s and ••M lwor tier sek•nlr•el40. is his resps••Ibllily: 1.) Neither he oar *ay 1Y.. partnership or i•tls. 4. which he 4.s subst•nll•1 Inten•1 is desipM.4 as an 41.11 4i►Ie contractor ►714. Co.proile. General el the United 3u1es p.r•wnl 4. Section 1.6(b) of rho ResulWena .1 iM' Seentary it Leis% P.. S (:F f:l 6. N. SJa. p.n .4nt M 1.41140 3(•) of the Danis-Baum AM..* ..ended (40 U.S.C. 776. -7(•A. (4) N• pr1 .l the •foreweMiaed coolie., bra bus or .i11 be se►canlrac1.4 1• any arbcontrectot If sett srb- e.n4.4lor or my Ue.. ea.pentien. pnnership or •as•cI•11e. In which sect srbe•nlnner bra • seb•t••ttal lemmas le died paled .4 s• ineligible esnbsels. prsnet Is ray of the •or•.e•11sosd regulatory or statutory pcs.tal•ne. S. lie •p .4• to •Male *ad leeward 1e the al..sensitised recipient within ten drys after the eseeelfon of eny s.bc.nlncl. Melding those ed by his sekwlncbu end any Men tier sekwlncl.n, • Srksnlnd•r'• Ceetllieeln• C.e•nint lib Stsderds and Prevailing 0.. Requirements .4.4.led by the ss►contrscton. 1. •ne.•,saT,ur /O...r.dd (e) The new., lid. •.d .44...r •11he ••■•, nn.... or •Ilia... •1 the .s4.ni4•.J 1'•: tars . • 10N • 1•• or Emit sea.t•. TITL e • • •..0151 NUO•tllr 1143) u 111 1L. ...w ..1 ..w•...• .I .11 r1er ..•..w., 111111...•.1 w/ ...i.e., ►...n • wLe•eN•.I r.we.r .w 11.e ..I r... 0.114. ..r....11L. eaten s. rr it /r.... •• r. •••■ SC39 By « .u«c.. •«. u..,: 1.1 1F. •..n, do .♦ .d• .I..0. •.... .1.11.r1w ►u.U:., maser" w swew rs m •I a M. .•••■•••• M. ..u►v.. l u•...•• .w.. •n •1.r k «•.. se...ul .w.o. c.•■••.e•nn. trammING 11.1 C•w..•l C.N. N11... .e10. Tel. 1e. V. /.G. V•.1... 1. •..e • wheeew .... ..... .. .••..11.11 ......w. We .w. N 4 1•rw y.. e. 1111 / M 1111• Won $S..00 w ..wN..t.11.. .11. w . - •.v.•. w . Signature SAMPLE CERTIFICATION OF PROPOSED CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Contractor Project Name and Number The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name and Iltle of Signer ilype or Print) SC40 L ate State of ) County of ) ss. being first duly sworn, deposes and says that: NONCOLLUSION AFFIDAVIT OF PRIME BIDDER (1) He is of . the Bidder that has submitted the attached Bid; r (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not 4 collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired. connived or agreed, directly or indirectly with another Bidder. firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or coomunication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees. or parties in interest, including this affiant. Subscribed and sworn to me this day of , 19 By: Notary Public My commission expires (Signed) Title SC41 SAMPLE CONTRACTOR'S SECTION 3 PLAN (Name of Contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project.area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from with the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within And servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this Section 3 plan in all bid documents and to require all bidders on subcontracts to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To insure that subcontracts (greater than $10,000) which are typically let on a negotiated rather than a bid basis in areas other than the Section 3 covered project areas are also let on a negotiated basis, whenever feasible, will let in a Section 3 covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. G. To insure that all appropriate project area business concerns are notified of pending subcontractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to Section 3 objectives. SC42 Contractor's Section 3 Plan Page Two K. To maintain records of all projected workforce needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets Section 3 objectives. As officers and representatives of (name of com.an') We the undersigned have read and fully agree to the ectUon'3 Affirmative Action Plan, and become a party to the full implementation of the program and its provisions. Signature Title Date Signature 'title SC43 Date TECHNICAL SPECIFICATIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. The top 3" of backfill material shall be approved topsoil. free of rocks. with clods no larger than 1 -1/2 ", and capable of sustaining healthy plant life. 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. 8. Contractor shall verify exact depth and location of all utilities prior to beginning construction. Any damage to existing utilities, driveways, pavement. curb and gutter. sidewalks, etc.. shall be repaired by the Contractor at his own expense. 9. Utility service lines shall be replaced within 24 hours after removal at the unit price bid in the contract. 10. Contact Jim Nuse. Director of Public works. City of Round Rock (255- 3612). 48 hours prior to connection to existing water lines. TS-1 11. Existing manhole frames and covers and water valves within the street shall be raised to finished pavement grade at the Owner's expense prior to final paving construction. 12. All fill areas shall be compacted to 95% standard Proctor density prior to construction. 13. Access shall be provided for all residences and businesses. When it becomes necessary to stop or restrict access.-the Contractor shall notify said parties at least 24 hours prior to closing. 14. Sidewalks shall be field located as directed by the Engineer and approved by the Owner. 15. Driveways shall be reconstructed as per detail. 16. Existing asphalt or concrete structures, driveways, and pavement sections to be tied into shall be saw cut to smooth, neat lines. 17. Grading between the edge of pavement and R.O.W. and the filling of roadside ditches shall be as directed by the Engineer. Material used for final grading shall be free of lumps, rocks. clods. broken concrete. roots, or any deleterious material. 18. All utility trenches underneath street paving shall be compacted with a vibrating tamper in 6" lifts. Density of backfilled trenches under pavement shall be tested by an independent testing 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. 19. All excess excavated material and debris shall be disposed of by the Contractor. This is subsidiary to the excavation items. 20. All R.C.P. used for drainage purposes shall be ASTM —C76. Class III. Wall B. All joints shall be sealed with "Ram —Neck" joint filler. or approved equal. unless stated otherwise on the drawings. 21. At no time shall more than 800 feet of Main Street be closed to traffic unless approved by the Engineer. Access for emergency vehicles shall be maintained at all times. 22. Dust control measures provided by the Contractor at the discretion of the City Inspector. 23. Sanitary sewer lines cut during construction shall be repaired with PVC pipe. SDR 35. of equivalent size and FERNCO flexible couplings. Series 1002. or equivalent. 24. Service material shall be Type "K" copper tubing or 160 psi polyethylene tubing conforming to ASTM D2737. SDR 9, with brass fittings. TS -2 25. The "Measurement and Payment" procedures shall be as included in these specifications. Bid items in the Proposal are for specific items noted on the Plans. Any items shown on the Plans but not included as a separate pay item in the Proposal shall be considered a subsidiary item and not additional payment shall be made for such work. 26. All areas exposed during construction shall be revegetated as directed by the Engineer. Revegetation of all exposed areas shall consist of sodding, seeding or hydrenulching, at Contractor's option. Acceptability shall consist of a minimum 1 -1/2" growth over 85% of the area, with individual exposed areas not to exceed 10 square feet. 27. All pipe and fittings, at thrust blocks, shall be wrapped with 8-mil (minimum) polyethylene film meeting ANSI AWWA C105 current, with all edges and lapss taped securely to provide a continuous and watertight wrap. 28. water mains shall be asbestos cement pipe, Class 200, ductile iron, Class 50, poly- wrapped, 8-mil minimum,, or P.V.C. (C -900). 29. Sterilization of mains shall be done under the supervision of the City, and the Contractor shall perform such sterilization and furnish additional flushing valves and test connections as necessary to perform tests and sterilization. The City will be responsible for bacteriological tests. If such bacteriological tests fail, the Contractor shall be responsible for re- sterilization of the mains. Samples will not be taken from fire hydrants. 30. All revegetation shall be performed by the Contractor at his sole expense. This item shall be considered a subsidiary item and no additional compensation will be due the Contractor. TS-3 203.2 Materials 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. 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 teats 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. TS -4 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 95Z 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. TS -5 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. TS -6 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: TS-7 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. Not less than 95 except when otherwise shown on the plans. Not less than 98 except when otherwise shown on the plans. 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. TS -8 203.6 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 lA - (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. 203.7 Tolerances The Engineer may elect to accept the work. provided that not more than 20% of the density tests performed each day are outside the specified density requirement. from SDHPT Test Method Tex -113 -E testing, by no more than 2 pounds per cubic foot and where no two consecutive tests on continuous work are outside the specified limits. Density tests shall be determined by SDHPT Test Method Tex -115 -E or by other methods approved by the Engineer. It shall be the responsibility of the Contractor as set forth under "Description" and "Construction Methods" above. to construct in accordance with the specifications herein to the typical sections. lines and grades shown on the plans or as established by the Engineer. Depth tests shall be made for total thickness prior to final acceptance of the work. Thicknesses which are within 1/4 inch of plan thicknesses shall be construed as meeting plan thicknesses. Thicknesses deficient by more than 1/4 inch but less than 1/2 inch may be accepted by the Engineer provided not more than 300 linear feet of continuous work is found to be deficient in thickness. When pavement is found to be over 1/2 inch deficient in thickness. the contractor shall bring the section found to be deficient. to the correct thickness by laying hot -mix. hot -lay surfacing at his sole expense. Coring - Thickness determinations shall be made in accordance with SDHPT Test Method Tex -424 -A or other methods approved by the Engineer. 203.8 Payment Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for as follows: TS -9 Lime will be paid for at the unit price bid per ton of 2.000 pound for "Lime ". "Lime Treated Subgrade". "Lime Treated Existing Subbase". and "Lime Treated Existing Base ". will be paid for at the unit price bid per square yard. 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, miming. 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. Payment will be made under: Pay Item No. 203 —A: Lime treated subgrade — per square yard. Pay Item No. 203 —B: Lime treated existing subbase — per square yard. Pay Item No. 203 —C: Lime treated existing base — per square yard. Pay Item No. 203 —D: Lime, per ton. TS -10 CITY OF ROUND ROCK Item No. 210 Flexible Base (Crushed Stone) 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 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. 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 Tem -105 -E 4) Plasticity Index Tex -106 -E 5) Sieve Analysis Tex -110 -E 6) Wet Ball Mill Tex -116 -E 7) Triaxial Test Tex -117 -E (Part II) TS -11 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: PHYSICAL REQUIREMENTS FOR FLEXIBLE BASE MATERIALS Crushed or Broken Aggregate GRADES Grade 1 Grade 2 Retain on % Retained on % 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. 210.4 Tolerances 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. TS -12 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 tests 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 Teat 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 TS -13 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 segregated 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 TED Test Method TER- 113 -E. Field density determination shall be made in accordance with approved methods. TS -14 210.6 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. Payment will be made under: Pay Item No. 210 —A: Flexible Base (complete in place), per square yard Pay Item No. 210 —B: Flexible Base (loose vehicle measurement), per cubic yard Pay Item No. 210 —C: Flexible Base (complete in place), per cubic yard TS -15 BASIS OF MEASUREMENT AND PAYMENT 1. TECHNICAL SPECIFICATIONS 2. ITEM 101 & 102 3. ITEM 110 4. ITEM 130 & 132 5. ITEM 201 6. ITEM 210 BASIS OF MEASUREMENT AND PAYMENT STREET & DRAINAGE IMPROVEMENTS The following items from the City of Austin Standard Specifications for Public Works Construction are modified as related to measurement and payment. 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. Al.]. 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. 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. "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 1 1 1 1 1 , 1 1 1 11 1 Mr. A. William Waeltz Project Manager Haynie 8 Kaltman, Inc. 1106 South Mays Round Rock, Texas 78664 Dear Mr. Waeltz: DLS /sc = Maxim Engineers, Inc. Geotechnical Materials Testing Consultants April 28, 1986 Re: Report No. H- 6 -Al25 Geotechnical Investigation Pavement Design Analysis East Main Avenue Improvements, Phase II Round Rock, Texas Submitted herein is our engineering report summarizing the findings of a geotechnical investigation conducted at the above referenced site. We trust the recommendations derived from this study will provide adequate, but economical design criteria. We appreciate the opportunity to provide you with our professional services and we would be pleased to assist you with quality control materials testing and inspection services during the construction phases of this project. If you have any questions, please do not hesitate to contact us. Respectfully submitted. MAXIM ENGINEERS, INC. Doyle L. Smith, Jr, F.E. Vice President 11601 N. Lamar Austin, Texas 78753 (512) 837-8851 1 1 1 1 1 1 1 I 1 I 1 M.elm Engin.. Inc TABLE OF CONTENTS Introduction 1 Project Location and Description 2 Existing Pavement Section and Subsurface Soil Description 2 Subsurface Water Conditions 3 Analysis and Recommendations 3 -8 APPENDIX Field and Laboratory Investigations Plan of Borings Logs of Borings Unified Soil Classification System Symbols and Terms Used on Boring Logs Al Y.lm Enpinwn Inc GEOTECHNICAL INVESTIGATION FOR PAVEMENT DESIGN ANALYSIS EAST MAIN AVENUE IMPROVEMENTS, PHASE II ROUND ROCK, TEXAS REPORT NO. 11- 6 -Al25 I. INTRODUCTION This report transmits the findings of a limited geotechnical investigation performed at the project site. The purpose of this investigation was to define and evaluate the general subsurface conditions in the vicinity of the East Main Avenue Improvements, Phase II. Specifically, the study was planned to determine the following : 1. Subsurface stratigraphy within the limits of five (5) exploratory borings; 2. Generalized pavement section recommendations for the streets; and 3. Construction guidelines for each roadway course. This study was performed in accordance with the request of Mr. A. William Waeltz with Haynie 5 Kallman, Inc. in Round Rock, Texas. To accomplish the intended purposes of this investigation, a three phase study program was conducted which included: a) a field investigation; b) a laboratory testing program; and c) an engi- neering analysis. The field investigation consisted of drilling five (5) exploratory test borings. Samples obtained from the 2 exploratory borings were logged, packaged, sealed to maintain in situ moisture conditions and returned to the laboratory for testing. Soil mechanics laboratory tests were then performed on representative specimens to ascertain pertinent design parameters. The results of the field and laboratory studies were then analyzed in order to determine pavement section thicknesses and construc- tion recommendations. A brief description of the various field and laboratory tests and their respective results is included in the Appendix of this report. I1. PROJECT LOCATION AND DESCRIPTION The site of this investigation was located along East Main Avenue between College Street and Greenlawn Boulevard in Round Rock, Texas. Present plans indicate that pavement improvements are proposed for the above referenced roadway. III. EXISTING PAVEMENT SECTION AND SUBSURFACE SOIL DESCRIPTION The existing pavement section encountered during the field investigation consisted of approximately 1.00 inch of asphalt, underlain by 6 to 12 inches of crushed limestone base. The near surface soil encountered beneath the pavement consisted of 1.0 to 10.0+ feet of dark brown and yellowish brown clays, underlain by limestone in various stages of weathering (limestone was not encountered in boring B4). The clays encountered beneath the existing pavement sections exhibited plasticity indices ranging from 2 to 35. Maxim Engin.," Inc. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 V. ANALYSES AND RECOMMENDATIONS 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 possibil ity 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 the performance of the designed foundation. The recommendations 3 IV. SUBSURFACE WATER CONDITIONS At the time this investigation was performed, groundwater was not encountered within the depth of exploration at the boring locations. 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. Meelm Engineers Inc 6 The pavement sections recommended in Table B represent the thickness of hot mix asphaltic concrete and crushed limestone base material necessary to satisfy the design parameters utilized. The minimum recommended thickness for hot mix asphaltic concrete (HMAC) is 1.50 inches for residential streets. Crushed limestone base material should comply with Item 248, Type A, Grade 2 of the Texas State Department of Highways and Public Transportation (TSDHPT), Standard Specifications, 1982 edition. Hot mix asphaltic concrete pavement should consist of Type D surface course as defined in Item 390 of the TSDHPT. Standard Specifica- tions, 1982 edition. 3. Subgrade Preparation Prior to placing any fill material. all existing surface vegetation should be removed. All exposed surfaces should then be scarified, watered as required and recom- pacted to a minimum of 95 percent of the maximum dry density as defined by ASTM D 698 (Standard Proctor Test) at a moisture content between the optimum moisture value and 5 percent above optimum. The site may then be filled to grade using a suitable fill material. free from dele- terious matter. Fill materials other than the base course should be placed in six (8) to eight (8) inch Maxim Engin.. Inc 1 1 1 1 1 1 1 1 7 loose lifts at moisture contents between the optimum and 5 percent above optimum and each lift compacted to between 95 and 105 percent of the maximum dry density as defined in ASTM D698. Crushed limestone base material 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. Each lift should be inspected and tested by a qualified engineering technician, and supervised by a Geotechnical Engineer before another lift is added. 4. Secondary Design Considerations The following information has been assimilated after examination of numerous problems dealing with similar projects throughout the area. It is presented here for your convenience. If these features are incorporated in the overall design of the project, the performance of the pavement system will be improved. Backfill for utility lines should be carefully placed so that they will be stable. If the backfill consists of clay and is placed too dense or too dry, swelling may form a mound along the ditch line. If the backfill is too loose or too wet, settlement may occur and form a sink along the ditch line. Either case is undesirable since several inches of movement is possible and pavement distress is likely to result. The backfill soils should be processed using the previously discussed compaction criteria. M”lm Enginwn Inc Maxim Engineers Inc 8 Drainage is an important consideration in the performance of the pavement section. Positive drainage should be provided in all areas of the street. If water is allowed to infiltrate into the pavement section and the base course and /or subgrade is allowed to become saturated, the life of the pavement may be shortened substantially. The crushed limestone base material should extend a distance of eighteen (18) inches behind the back of the curb. 1 1 1 1 1 1 1 1 1 �1 1 1 1 1 1 1 1 f i 1 1 1 1 1 1 FIELD AND LABORATORY INVESTIGATIONS EAST MAIN AVENUE IMPROVEMENTS, PHASE II ROUND ROCK, TEXAS REPORT NO. H- 6 -Al25 1. Field Investigation Soil conditions at the project site were determined by five (5) intermittent sample borings which were drilled during April, 1986. Maxim Engin.. Inc Al The locations of these borings are shown on the sheet entitled Plan of Borings of this report. Descriptions of the various strata encountered in each of the borings and the depths at which samples were obtained are presented on the individual Log of Borings. Undisturbed specimens of cohesive soils were obtained with thin - walled Shelby tube samplers (ASTM D 1587). The soil specimens were extruded from the tube in the field, logged, sealed and packaged to maintain "in situ" conditions. II. Laboratory Soils Tests Laboratory soil tests were performed on samples recovered from the borings to verify visual classification and determine the perti- nent engineering properties of the soils encountered. Atterberg Limits, Moisture Content, and Unit Dry Weight tests were performed on representative samples in order to classify them according to the Unified Soil Classification System. Malden Englnners Inc A2 Unconfined Compressive Strength tests were performed on selected undisturbed soli samples to determine the ultimate unconfined compressive strength of the different subsurface strata encoun- tered. The results of all the laboratory and field tests are tabulated on the Log of Borings presented in the Appendix. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I !1 1 1 1 1 1 1 1 Plan of Borings East Main Avenue Improvements Phase II Round Rock, Texas sale Not to scale Date April 1986 Crow Di Maxim Engineers N umber Location Log of Boring Bl See Plan of Borings project East Main Avenue Improvements Phase II Round Rock, Texas - 8 - a A A Type Continuous Sampling L. - 3 u. - - E i = E s i Z i E si o - n gas" -b . S LL Surface Ele Unknown I. 8m S TRATUM DESCRIPTION 1.0' ASPHALT AND CRUSHED LIMESTONE 1.5' BROWN CLAY (CL) 23 21 2 - 2 0' TAN WEATHERED LIMESTONE I 5- 10- 15- 20- 25 - 1 Completion Depth Oete water Observations 2.0' 4/24/86 1 None Encountered 1 1 1 1 1 1 1 • 1] 11 11 1 i 1 1 1 1 1 Log of Boring Number Lo Lion B2 I See Plan of Borings Protect East Main Avenue Improvements Phase II Round Rock, Texas 1 8 3 4 .. Type Continuous Sampling r E n i,F 'c ; LL ZO DO ;g € > g j Y >e s g s e & °� § eZ o It ti Iog §c19 t3 8 i. r 9i Sunace Elevation Unknown am S TRATUM DESCRIPTION 0.5' ASPHAT AND CRIISHRD 1 20 50 23 27 1.0' DARK BROWN CLAY w/ limestone fragments - 2.0' CRUSHED LIMESTONE • 2 ' B 0 3.5' TAN WEATHERED LIMESTONE 1 5- 10- 15- 20 — 25 — 1 Completion Dap h Date Water Observations 3.5' 4/24/86 None Encountered 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Number Location Log of Boring I B3 See Plan of Borings prolent East Main Avenue Improvements Phase II Round Rock, Texas g $ Type Continuous Sampling E ie E ; � ` O U - E y 4 Y I. ^ s e ' " #z ° a LL € n € r n!: P g Surface Elevation Unknown 8 a € A" e u. 8m. STRATUM DESCRIPTION 0.5' ASPHALT AND CRUSHED LIMESTONE 6 1.0' DARK BROWN riAY (CH) 2.0' TAN WEATHERED LIMESTONE I 5- , 10— 15- 20 25— 1 ComptePon Depth Date Water Observations 2.0' 4/24/86 None Encountered 1 1 1 1 1 Log _ f Boring Number B4 Location See Plan East Main Avenue Improvements Phase II Round Rock, Texas 'Id 'I nRool ,o 10045. 0 18 Type Continuous Sampling % N 111Y1u00 wnlc101M 'Id 'no /cm co 1461oM N0 Nun I L1QUld OM Ilwfl ollctld I I • u'1 xefxll Allollssld ...IS 00Z 'ON 6ulsssd % u1 0D rn 'Id - DS /'sVl i+l uolsiWOwo'j Osulluoaufl Suriece Elevation Unknown STRATUM DESCRIPTION 1.0' ASPHALT AND CRUSHED LIMESTONE DARK BROWN CLAY with calcareous nodules 4.0' (CH) 22 100 51 18 33 6,040 5 1` I ` ` ,`` 10 ( `` 13 36 18 18 YELLOWISH BROWN SILTY CLAY with calcareous nodules 14 1 113 11 10.0' (CL) 15- 20- 25— i t Completion Depth Date 10.0 4/24/8E Wow Ob,arvatlons None Encountered j 1 aemenp 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N umber Loc tiOn Log of Boring BS See Plan of Borings Pf.° East Main Avenue Improvements Phase II Round Rock, Texas LL 8 . € 8 Typo Continuous Sampling ` o it 1,°., r u 31 1 3 5 t a s g g N ,_ O _ 8 i LL 1'8 LL Surtaea Elevation Unknown STRATUM DESCRIPTION ASPHALT AND CRUSHED LIMESTONE r 4.0' DARK BROWN CLAY with calcareous nodules 3.0' 24 98 57 24 33 10,175 (CH) 21 112 55 25 30 5,520 =. 4.0' TAN WEATHERED LIMESTONE 1 5 . 10= 15- 20 25 t — Com Depth Date Waror ODeervatlona 4.0 4/ None Encountered 1 1 1 1 1 1 1 1 1 Log of Boring Number B6 Location See F' of Borings sed East Main and South Blair Street Improvements* Round Rock, Texas Io9wAS saldwaS l.. j 97 Type Continuous Sampling ., IualuoO wnI Or 'IA - norm' 18! M•40 Nun Il•m olnbn uwn .hand sapid AIlo!ISald ana!S OOZ'oN Bulssed 9 a 'bslwl uolssaidu OO oewwooun 11 - OS ) wodn amocu Sw.ce Elevation Unknown STRATUM DESCRIPTION See Note .■■■■ 17 ' 50 22 28 ,■ _ 11411141 2.0' Dark brown clay (CH) 1111 III III Yellowish 10.0' brown silty clay with calcareous nodules (CL) 14 ■■■■■_ 10 8 28 15 13 III \ 8 1111■ III Note: 1.50 inches asphalt 6.00 inches limestone base * This log is from Maxim Engineer's report no. H- 5 -A136 drilled in May, 1985. 1 IIPI III • ■■■.■■_ ■■■■■■_ III III ■■■■.■_ ■■■■■■_ III Ir. IC III ■■■■■■_ III l Completion Depth We Water Observations 10.0' 5/29/85 None encountered 0 elm Enpinoon 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Number Location Log of Boring 1 B7 See Plan of Borings Project Proposed East Main and South Blair Street Improvements Round Rock, Texas g It E r3�, b TYpe Continuous Sampling t is a 3 LL o� ;9 3 g P 1- y i S Z Il F e Bp e l t-4 E :".1 1L- y IV §e,s" 2 o Surface Eleretion Unknown amg 8th. STRATUM DESCRIPTION See Note Dark brown silty clay 3.0' (CL) 20 105 38 16 22 2240 5 Yellowish brown and gray clay 10.0' (CH) 15 118 19 53 20 33 21 103 25 10 Note: 1.00 inch asphalt 2.00 inches limestone base * This log is from Maxim Engineer's report no. H- 5 -A136 drilled in May, 1985. 1 -_ - 15- 2 0 - - 25- 1 - Completion Depth Date Water Obeerratioru 10.0' 5/29/85 None encountered 1 1 1 1 1 1 SOIL CLASSIFICATION SYSTEM MAJOR DIVISIONS BVM- TYPICAL NAMES COARSE GRAINED SOILS (More than 60% 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 GW Well graded gravels, gravel -sand mixtures, little or no fines. GRAVELS (Little or no final GP Poorly graded gravels or gravel • sand mistime, little or no fines. GRAVELS WITH FINES (Appreciable amt. of fines) GM Silty gravels, grovel -sand • silt mixtures. GC Clayey gravels, gravel - sand - clay mixtures. SANDS (More than 50% of coarse fraction is SMALLER than the No. 4 sieve sloe) CLEAN SANDS (Little or no floes) S 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 5096 of material is SMALLER than No. 200 sieve size) • SILTS AND CLAYS (Liquid limit LESS than 501 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 clew, OL Organic silts and organic silty clays of low plasticity. SILTS AND CLAYS (Liquid limit GREATER than 501 MH Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts. CH Inorganic clays of high plasticity, fat clays. 014 Organic clays of medium to high plasticity, organic silts. HIGHLY ORGANIC SOILS PT Peat and other highly c sank soils. BOUNDARY CLASSIFICATIONS: Soils possessing characteristics of two groups are designated by combinations of group symbols. 1 1 1� 1 1 r I 1 1 Maxim Engineers Inc -` o ;AA.. G GRAVEL O : S SANDSTONE T T . ORGANIC : SAND ; ;' �'� S SANDY I IV S SHALE III' S SILT S SILTY _ _r LIMESTONE 1 S CLAY � � CLAYEY C CONGLOMERATE T Shelby R Rock S Split A Au er N No 11 Symbols and Terms Used on Boring Logs Soil or Rock Types Consistency of Cohesive Soils DESCRIPTIVE TERM Very Soft Soh Firm Stiff Very Stiff Hard Relative Density of Cohesionless Soils Sampler Types UNCONFINED COMPRESSIVE STRENGTH (TON/SO. 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 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 TO 100% Soil Structure CALCAREOUS SLICKENSIDED LAMINATED FISSURED INTERBEDDED VERY SOFT OR PLASTIC SOFT MODERATELY HARD HARD VERY HARD POORLY CEMENTED OR FRIABLE CEMENTED Containing deposits of calcium carbonate: generally nodular Having Inclined planes of weakness that are slick and glossy In appearance. Composed of thin layers of varying color and texture. Containing shrinkage cracks frequently filled with fine sand or slit. Usually more or less vertical. Composed of alternate layers of different soil types. Physical Properties of Rock Hardness and Degree of Cementation Can be remolded In hand: corresponds in consistency up to very stiff In soils. Can be scratched with fingernail. Can be scratched easily with knife: Cannot be scratched with fingernail. Difficult to scratch with knife. Cannot be scratched with knife. Easily crumbled. Bound together by chemically precipitated material occurring In the Interstices between ellogenic 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. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1