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R-89-1324 - 8/24/1989WHEREAS, the City of Round Rock has duly advertised for bids for the Logan Street Improvements and 1989 Seal Coat Program, and WHEREAS, Austin Paving Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Austin Paving Company, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Austin Paving Company is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Austin Paving Company for the Logan Street Improvements and 1989 Seal Coat Program, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of August, 1989. ATTEST: NE C- RS08249I LAND, City Secretary RESOLUTION NO. / r / MIKE ROBINSON, Mayor City of Round Rock, Texas Mayor Mike Robinson Mayor Pro-tem Charles Culpepper Council Members John Hood Tish ()adman Pete Correa Ronnie Jean Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets DATE: August 17, 1989 cc: Alvin L. Wi]ie, P.E. Senior Engineer lgstim /dh THE CITY OF ROUND ROCK 221 East Main. Street Round Rock, Texas 78664 512- 255 -3612 MEMORANDUM TO: James R. Nuse, P.E. Director cf public: Works FROM: Daniel L. Halden, P.E. Public Works Department RE: Logan Street Improvements and 1989 Seal Coat Program On Tuesday, August 15, 1989, sealed bids for the construction of the above referenced project were opened and read. The bids were subsequently extended and checked. A copy of the tabulation sheet was provided to you yesterday. On the tabulation you will see that Austin Paving was the ]ow bidder at $106,535.00. Al Wille and I recommend that the contract be awarded to Austin Paving. We request that the award of this contract be entered as an agenda item for the City Council meeting scheduled for August 24, 1989. THE C1TY OF ROUND ROCK A° K. �o ri.. PUBLIC WORKS DEPARTMENT a . 221 East Main Street a y Round Rock Texas 78664 41' '0 (512) 255 -3612 BID TABULMEIONS BIDS EXTENDED AND CHECKED BY: Ann Ba llard DATE: August SHEEP 1 OF 1 Logan Street Improvements & OONTRAOr Seal Coat Program BIDDERS BID DATE Aug 15, 1989 TIME 2:00 P.M. Austin Paving Bid Bond Co. x Asphalt Bid Bond Co. x Brannan Bid Bond Paving Co. x Metro Paving Bid Bond Co. x Pool & Rogers Co. Inc. Bid Bond Paving x tLX PION City Council Chambers DESCRIPTION ITEM uNrr APPROX. QUANTTPY UNIT PRICE COsr UNIT PRICE COST UNIT PRICE CO9T UNIT PRICE COST UNIT PRICE COBr Type D Hot Mix Asphalt Ton 1200 $2s.nn $ 3n non nn 8 27 20 8 32.640.00 $ 31.91 $ 38,292.00 $ 'A ui $ 43.800 00 $ 26.84 $ 32,208.00 $ 6,720.00 _ $ 800.00 $ 1,050.00 Milling Asphalt S.Y. 2800 $ 3 nn $ 4 nn 8200.00 $ R.400.00 $ 800.00 8 1,200.00 $ 1 00 000.00 $ 8.400.00 8 1,600.00 8 1.200.00 $ 3.33 $ 3.33 $277.50 $ 9,324.00 $ 666.00 $ 1,665.00 $ 2.50 3.00 $175.00 $ 7,000.00 $ 600.00 $ 1 050.00$175.00 $ 2.40 $ 4.00 Paving Fabric S.Y. 200 Adjust Water Valve Box Each 6 Adjust Manhole Each 10 $200.00 8 2.000.00 t279,00 $ 2,750.00 $277.50 $ 2,775.00 $175.00 $ 1,750.00$225.00 $ 2,250.00 Seal Coat S.Y. 71,500 $ .79 1 56.485.00 ', $57,200.00 $ .75 $ 53,625.00 ,75 $ 53,625.00$ 1.10 $ 78,650.00 Prime Coat Gal. 8,500 $ .90 8 7.650.00 00 $ 8.500.001$ 1.33 $ 11,305.00 $ 1.50 $ 12,750.00$ .77 j 6,545.00 TOTAL BID AMOUNT $106.535.00 $112,290.00 $117,652.00 $120,575.00 X128,223.00 DATE: August 21, 1989 SUBJECT: Council Agenda, August 24, 1989 ITEM: 12I. Consider a resolution authorizing the Mayor to enter into a contract for the Logan Street Improvements and 1989 Seal Coat Programs. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: One August 15, 1989, five (5) bids were received by the City for the 1989 Seal Coat Program and Logan Street Improvements. Austin Paving Company was the lowest and best bidder and staff recommends acceptance. ECONOMIC IMPACT: These improvements help provide a longer service life to city streets. CITY OF ROUND ROCK P UBLLQ WORKS PROJ ECT LOGAN STREET IMPROVEMENTS AND 1989 SEALCOAT PROGRAM SPECIFICATIONS AND CONTRACT DOCUMENTS Section Descripstion Page LO Notice to Bidders NB -1 2.0 Bid Documents BD-1 3.0 Post Bid Documents PBD-1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS-1 7.0 Special Provisions SP -1 ttofc /5 LOGAN STREET IMPROVEMENTS 1989 SEAL COAT PROGRAM Tah1p of Contents 9 . 4 a ()F . nb1/5 NOTICE TO BIDDERS Sealed propels addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, materials and equipment and performing all work required tor the project titlad LOGAN STREET IMPROVEMENTS & 1989 SEAL COAT PROGRAM. (Project generally consists of approximately 9,000 square yards of H M A C level -up and overlay of a portion of Logan Street and, approximately 70,000 square yards of coal coat application in various locations throughout the City of Round Rock) will be received until August 15, 1989 at 2:00 P.M. then publicily opened and read aloud in the City Council Chambers at the same address. Any kids received after scheduled bid opening time will be returned unopened. Bids must be submitted on City of Round Rock proposal forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City 01 Round Rock, Texas, equal to five percent (5%) of the total bid amount. Plans, Proposal Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 300 South Blair, in Round Rock, Texas, beginning July 31, 1989 for a nonrefundable charge of $15.00 per set. In rasa of ambiguity, duplication or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all hiris and waive any informalities and irregularities in the hiss received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the hid documents. Pub. Dates: Austin American Statesman July 30, 1989 August 6, 1989 August 13, 1989 Round Rock Leader July 31, 1989 August 7, 1989 August 14, 1989 JOANNE LAND City Secretary City of Round Rock NB -1 2.0 BID DOCUMENTS ]NSTRUC'TIONS TO BIDDERS L Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from, the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank m an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a rPliahlp surety company, as a guarnatee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposaL Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty -five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. instruct/2 BD-1 9. In case aE ambiguity or lack of clarity in the statement of prices in the hinds, the City of Round Rock reserves the right to consider the most favorahla analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10 Award of the contract, if awarded, will be made within sixty (60) days after opening of the properals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one - hundred percent (100 %) of the total contract price. Provided however, if the contract price is less than $50,000.00, the bidder shall have the option of providing a letter of credit in lieu of a performance bond, said letter of credit in a form acceptable to the City of Round Rock. Said performance bond, or letter of credit, if applicable, and payment bond shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptably according to the latest list of companies holding certificates of authority from the Security of the Tresury of the United States) or other surety or sureties acceptable to the Owner, with approval prior to bid opening. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, sha11 be just cause for the annulment of the award. In cam of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City council. 15. The Contractor shall not commence work under this contract until he has famished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the Qnhcontractor has been furnished and approved. instruct/2 ]3 D-2 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The hasis for the payment shall be the actual amount of work done and/or material furnished. 17. No Texas sales tax shall be included in the prices bid for work under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptrnllpr's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. instruct/2 BD-3 and firmly bound unto the BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE , as PRINCIPAL and , as SURETY, and had , hereinafter referred to as the "OWNER ", in the penal sum of five percent (5%) of the total amount ot the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment ot which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no rase shall the liability of the SURETY hereunder exceed the sum of $ The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF , for which hiss are to be opened at the ofice of the OWNER on ,1989. NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement., substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in fun. force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's tee to be fixed by the Court. In WITNESS W HEREOF, we have hereunto set our hands and teals this day of 1989. Principal Surety By: (Saal) By: (Seal) bidbond/1 BD-4 PROPOSAL BIDDING SHEET JOB NAME: Logan Street Improvements & 1989 Seal Coat Program JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATES: August 1989 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellanous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of Logan Street Improvements & 1989 Seal Coat Program and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: BASE BID Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount 1. 1200 Ton Type D Hot Mix Asphalt Concrete Level -up and Overlay, complete in place, per ton bidding /2 for l e.J y r;vE and 2. 2800 S.Y. Milling Asphaltic Concrete Pavement, complete in place, per square yard for and 3 200 S.Y. Paving Fabric, complete in place, per square yard for and Theeg Fcue BD -5 Dollars Cents. $ ZS? $ 3D non 7 , Dollars Cents. $ 3,' Dollars Cents. $ 4,- $ �i 400. Bid Item Description Item Quantity Unit and Written Unit Price 4. 6 bidding /2 Ea. Adjust Water Valve Box to Finished Grade, complete in place, per each for - 1L-to N,.n Dollars and 4. Cents. $ 200.` $ I Zook 5. 10 Ea. Adjust Manhole to Finished Grade, complete in place, per each for II 1Z ?% Nuuneirl and Nr, 6. 71,500 S.Y. Seal Coat, complete in place, per square yard for ,J Dollars 79 and sr„wTY AWE Cents. $ a -- 7. 8,500 Gal. Prime Coat, complete in place, per gallon for 4. and ri:a;.ty BD -6 Dollars Cents. Unit Price Amount $ Z oo 11 i $ 2, 000 $ S(, 48s a0 Dollars Cents. $ O90 $ 45O. TOTAL BASE BID (Items 1 thru 7) $10,$35.52 1 • 1 • 1 • • • • 1 1 1 1 1 1 1 1 1 1 If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to. Bidders and commence work within five (5) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within thirty (30) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The owner reserves the right to reject any or all bids and may waive any informalities. Respectfully Submitted, Title for: Name of Firm bidding /2 BD -7 iyz-s / u 44,3 1 157 Address 512-4s1-4o82 ; I Telephone )' ecretary, if Contxa . or is Corportaton Yj I \ • 1 \ ` `. AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON I That this Agreement made and entered into this /5 day of ]ew,der A.D., 1989, by and between the CITY OF ROUND ROCK, TEXAS, it's Mayor, First Party, hereinafter termed the Owner ana 4g54,'n Pail; cc, ma c . of the City of County ` tf -raj s . State of -R,Aas , Second Party, hereinafter termed Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the first. Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated 40 '9%9 for certain improvements described as follows: Logan Street Improvements and 1989 Seal Coat Program The Contractor shall perform all work shown on the Plans and described in the Contract and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 5 consecutive calendar days after the date of the written Notice to Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within 30 calendar days after the date of the written Notice to Proceed. Time is of the essence to this contract. The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices set forth in the Contractor's Proposal, subject to additions and deductions, all as provided in the General Conditions of the Agreement. The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full The Notice to Bidders The Instruction to Bidders The Proposal and Bidding Sheets The Performance & Payment Bonds The Certificate of Insurance The General Conditions of Agreement The Basis of Measurement & Payment PBD-1 The Special Conditions of Agreement The Technical Specifications The Special Provisions Addenda Change Orders The Plans (agreepbd/4) AGREEMENT - continued In WITNESS WHEREOF the Parties to the presents have executed this Agreement in the year and day first above written. ATTEST: CITY OF ROUND ROCK, TEXAS, OWNER By: «/' / Contractor By: agreepbd/4 PBD-2 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON, PERFORMANCE BOND THAT, AUSTIN PAVING COMPANY of the • City of AUSTIN , County Of TRAVIS , and State of TEXAS as principal, and BRITISH AMERICAN INSURANCE COMPANY . authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Round Rock, Texas, here - inafter'called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum of ONE HUNDRED SIX THOUSAND FIVE HUNDRED THIRTY FIVE oty 1 r� ($ 106,535.00 ) for the payment whereof, the said Principal and Surety - Ton 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 copies at length herein consisting of: J,OGAN STREET. IMPROVEMENTS AND 1989 SEAL COAT PROGRAM KNOW ALL MEN BY THESE PRESENTS N0 THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall, in all respects, duly and faith- fully observe and perform all and singular the convenants, conditions and agreements in and by said Contract, agreed and convenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workman- ship of, the in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the Contract Completion Certificate and all other covenants and conditons, according to the true intent and meaning of said Contract, and the Plans and Specifications hereto annexed, then remain in full force and effect. , PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copies at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PBD - 3 1 1 i 1 1 1 1 PERFORMANCE BOND (CO.NTINUED) IN WIT!ESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this \ day of , 19 °\. 77N Paaidi aVany Print pal By By Title Z5C lrQd GG / itt-� ee V,Lf. -- ES -/ ( Title Address, lie ML ac, /YZ J Address P.o. BO( 1590 f SfiN x 7/151 The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANCE, P.O. BOX 2125, AUSTIN, TEXAS 78768 RI'• INSURANCE COMPANY PBD - 4 DALLAS, TEXAS 75221 BRITISH AMERICAN INSURANCE COMPANY CORPORATE HEADQUARTERS, DALLAS, TEXAS ( POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That BRITISH AMERICAN INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Texas, does hereby make, constitute and appoint Robert C. Fricke, Robert C. Siddons, Steven B. Siddons, Jeannie Jensen, William A. Grote, Philip C. Faletto, Kae Priddy and Bettye Ann Rogers of Austin, Texas, its true and lawfull Attorney(s )-in -Fact with full power and authority to execute, acknowledge and deliver on its behalf any and all Surety Bonds, consents of surety, consents to modifications of surety contracts as may be required in ordinary course of business, on behalf of Austin Industries, Inc., Austin Bridge Co., Austin Paving Co., A Delaware Corporation, Austin Power, Inc., Austin Commercial, Inc., Austin Industrial, Inc., and to bind BRITISH AMERICAN INSURANCE COMPANY thereby as fully and to the same extent as if such bonds were signed by the President of BRITISH AMERICAN INSURANCE COMPANY, as Surety, and duly attested by its Secretary, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. The appointment is made under the authority of the following resolution, adopted by the Executive Committee of the Board of Directors of BRITISH AMERICAN INSURANCE COMPANY at a meeting held on the 25th day of March 1980. "RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: I. Attorney -in -Fact may be given full power and authority as outlined in the Power of Attorney for and in the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and surety bonds and other bonds, consents of surety, consents to modifications of surety contracts as may be required in the ordinary course of business, all notices and documents cancelling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. 2. The facsimile signatures of the officers and the seal of the Company shall be valid and binding upon the Company in the execution, attestation and sealing of any instrument appointing an Attorney -in- Fact." In Witness Whereof, British American Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 8th day of December, 1988. State of Texas County of Dallas MS-191(6438) pa KAREN R. COKER STATE OF ?WJ MrOOtl £t. MtHEl BRITISH AMERICAN INSURANCE COMPANY By Attest ( CERTIFICATE Present • Secretary No A -4 On this 8th day of December, 1988, before me personally came George E. Dawkins to me known, who, being by me duly sworn, did depose and say, that he resides in Dallas, Texas; that he is Secretary of British American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said inst - • + so affixed by order of the Executive Committee of the Board of Directors of said Co Notary Public Dawn Davidson , Assistant Secretary of BRITISH AMERICAN INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company, which is still in force and effect; and, furthermore, the resolution of the Executive Committee of the Board of Directors, as set forth in the Power of Attorney, is now in force. SIGNED and sealed at Dallas, Texas, this day of So yam/` 19� q l / /r /u �T�J� Assistant Secretary THE STATE OF TEXAS COUNTY OF WILLIAMSON THAT, AUSTIN PAVING COMPANY ii of the City of AUSTIN County of TRAVIS and State of TEXAS as principal, and BRITISH AMERICAN INSURANCE COMPANY ii authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY, COUNTY OF I IILLIAMSON, TEXAS (OWNER), in the penal sum of ONE HUNDRED SIX THOUSAND FIVE HUNDRED THIRTY "FIVE kui ($ 106,535.00 ii for the payment whereof, the said Principal `aid 'urety bond themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract .is il hereby referred to and made a part hereof as fully and to the same extent as if copies at length herein. ii- NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin- cipal shall pay all claimants supplying labor and material to him or a subcon- tractor in the of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; i 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 I on this bond shall be determined in accordance with the provisions of and said Article ;to the same extent as if it were copied at length herein. il Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per- formed thereunder, or the plans, specifications or drawings accompanying the il 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 In strumen this day of 1G l k , 19 SCA . ,1 u 5 T7 / N 64.441 p112,6- ' BRITIS 'AMER1C ' INSURANCE - OOMPANY Principal / By - Title (/ � O� a� S I I Address r/ /00.0 - 7,75-7 ,� - p.b: Box J A L ( / k DALLAS;' TEXAS' 75221 • . . PAYMENT BOND I The name > ret of the Resident Agent of Surety is : FRANK SIDDONS INSURANCE, P.O. BOX 2125, AUSTIN, TEXAS 78768 PRO - KNOW ALL MEN BY THESE PRESENTS BRITISH AMERICAN INSURANCE COMPANY CORPORATE HEADQUARTERS, DALLAS, TEXAS ( POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That BRITISH AMERICAN INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Texas, does hereby make, constitute and appoint Robert C. Fricke, Robert C. Siddons, Steven B. Siddons, Jeannie Jensen, William A. Grote, Philip C. Faletto, Kae Priddy and Bettye Ann Rogers of Austin, Texas, its true and lawful) Attorney(s )-in -Fact with full power and authority to execute, acknowledge and deliver on its behalf any and all Surety Bonds, consents of surety, consents to modifications of surety contracts as may be required in ordinary course of business, on behalf of Austin Industries, Inc., Austin Bridge Co., Austin PavingCo., A Delaware Corporation, Austin Power, Inc., Austin Commercial, Inc., Austin Industrial, Inc., and to bind BRITISH AMERICAN INSURANCE COMPANY thereby as fully and to the same extent as if such bonds were signed by the President of BRITISH AMERICAN INSURANCE COMPANY, as Surety, and duly attested by its Secretary, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. The appointment is made under the authority of the following resolution, adopted by the Executive Committee of the Board of Directors of BRITISH AMERICAN INSURANCE COMPANY at a meeting held on the 25th day of March 1980. "RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: 1. Attorney -in -Fact may be given full power and authority as outlined in the Power of Attorney for and in the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and surety bonds and other bonds, consents of surety, consents to modifications of surety contracts as may be required in the ordinary course of business, all notices and documents cancelling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. 2. The facsimile signatures of the officers and the seal of the Company shall be valid and binding upon the Company in the execution, attestation and sealing of any instrument appointing an Attorney -in- Fact." In Witness Whereof, British American Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 8th day of December, 1988. State of Texas County of Dallas 1.13191 (6-B8) KAREN R. coic ST TE OF f w Corm L Asy BRITISH AMERICAN INSURANCE COMPANY By ®- -O Pres' enf • Attest On this 8th day of December, 1988, before me personally came George E. Dawkins to me known, who, being by me duly sworn, did depose and say, that he resides in Dallas, Texas; that he is Secretary of British American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said inst. - • • • . so affixed by order of the Executive Committee of the Board of Directors of said Co ( CERTIFICATE Secretary E • C No A -4 Notary Public Dawn Davidson Assistant Secretary of BRITISH AMERICAN INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company, which is still in force and effect; and, furthermore, the resolution of the Executive Committee of the Board of Directors, as set forth in the Power of Attorney, is now in force. SIGNED and sealed at Dallas, Texas, this day of ' i-.1F8* 12ft. /•Z.G/�`7C_��GZItTr�w"TI'L i Assistant Secretary Certificate Producer Contractors & Manufacturers General Agency 2949 Stemmons Freeway Dallas, Texas 75247 of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON- FERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A Br American Insurance Co. Letter Company B Letter ' Description ' ' 1 ■ - - - - - Insured Austin Paving Company 7800 Shoal Creek South Building, Suite 142 Austin, Texas 78757 - COVERAGES -_ • _. - _. -- - -. -.-,_ _.:.. _.____ ,__. -.. __ ._ This is to certify that policies of insurance listed below have been standing any requirement, term or condition of any contract or pertain. The insurance afforded by the policies described herein shown may have been reduced by paid claims. Company C Compan y Letter Company E Letter _ . _ _ -. -_- __ . .. issued to the insured named above for the policy period indicated nonwith- other document with respect to which this certificate may be issued or may is subject to all retums, exclusions, and conditions of such policies. Limits TYPE OF INSURANCE POLICY NUMBER wo (MAMMY) ALL LIMITS IN THOUSANDS General Liability D. conxnacw General Liability I. i ❑CWmr Marie ® OCarrenee C1 Orman 5 Centraaon: Pmtgiw CGL -54002 CAL -54002 WC -54002 1 -1 -89 1 -1 -89 ■■ 1 -1 -89 1 -1 -90 snare ggregate 54000 L ,.:.i to �cA.nn .12111M11:=1.11.111111 '. 000 rya i.�roMeh.�miruji.u�py' $1 000 r r 1 _r_ • _ :1 000 o `ILM.ZigliriliriTil co eiNEo 1-1-90 SIMGLELMRS $ 1,OOD Godly Injury (Per Person) $ Bodily Injury (Per Accident) $ Dame $ - -- Automobile Liability E. any Au. �scn.aowams i3 Nand wnos i C1 A owned Amos p amo..naeHama • Garage Liability '• Excess Liability � omarn.an arrar.narean A orker's Compensation nd Employers' Liability Each Occurrence $ 1 -1 -90 5500 (Each ......,..... Aggregate $ Accident) 5500 (Disease Limit) 5500 (Disease -Each Employee) �• her ■S of Operations/ LocatlonsNehicles /Restrictions/Special ALL OPERATIONS OF THE INSURED — TEXAS Certificate Holder CITY OF ROUND ROCK ROUND ROCK, TEXAS Items Cancellation Should any of the above described policies be cancelled before the expiration date thereof, the Issuing company will endeavor to mall 30 days written notice to the certificate holder named to the left, but failure to mall such notice shall pose no obligation or liability of any kind upon the company,.lts agan or representatives. pfesentative Issue Date 7 , : . .. ') 8 -28 -89 1 1 1 1 1 1 TYPE OF, INSURANCE City of Round Rock 214 East Main Street Round Rock, Texas 78664 Workmen's Compensation 0mer's Protective Comprehensive General Liability Includes Contractual Liability.. Covers Independent Contractors Comprehensive Automobile Liability Owned Vehicles Hired Vehicles Non -owned • Vehicles Includes Contractual Liability CERTIFICATE OF INSURANCE Date: Description of Work: THIS IS TO CERTIFY THAT is, at the date of this certificate, insured by this company with respect to the business opera- tions hereinafter described, for the types of'insurance and in accordance with the provisions of the standard policies used by this company, and further here- inafter described. Exceptions to standard policies are noted on the reverse side hereof. PBD - 6 POLICY NO. EFFECTIVE .DATE. EXPIRATION DATE.... . .LIMITS.OF- LIABILITY Statutory, State of Texas, $ Employer's Liability Bodily- Injury $ each person $ each person Property Damage $ each accident $ aggregate Bodily Injury "S each person $ each accident Property Damage $ each accident -$ aggregate Bodily Injury .$ • • each person $ each accident Property Damage _ $ each accident l ' 1 1 CERTIFICATE OF INSURANCE (CONTINUED) The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than ten (10) days after the insured has received written notice of such change or cancellation. This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters the coverage afforded,by policy or 'policies indicated by this certificate. -1 PBD - 7 (Name of Insurer) By: Title: Address: MAINTENANCE BOND BOND NUMBER BA -3037 AMOUNT $106,535.00 That we, AUSTIN PAVING COMPANY KNOW ALL MEN BY THESE PRESENTS, (hereinafter called the "Prinrippl ") as principal, and the BRITISH AMERICAN INSURANCE COMPANY r a c etirxi &,iy organized under the laws of the State of TFXAS , and duly licensed to transact business in the State of TFyg (hereinafter caJt d the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter call& the "Obligee "), in the ram of ONE HUNDRED SIX THOUSAND FIVE HUNDRED THIRTY FIVE AND ($ 106, S'�S nn ),for the payment of which slim well and truly to , we, the coin Principal and the said Surety, bind ourselves, oizr hers, 'exen tr=s, admin:ssato_s, successors and assigns, jointly and severally, m y by three nr°s?nts. Sealed with our seats and dated this day cf ,A.D. nineteen hundred and WHEREAS, the said Principal has heretofore entered into a contract wi`_h THE CITY OF ROUND RACK, TEXAS dated , 19 , for conssuc n o_ LOGAN STREET IMPROVEMENTS AND 1989 SEALCOAT PROGRAM WHEREAS, the vin Principal is required to guarantee the construc -.gin of street improvements installed under said contract, against defers in mat° --;als or workmanship, which may develop during the period of 2 vear(S) from the data of acceptance of the ,pro above described, by owner THE CITY OF ROUND ROCK, TEXAS NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if sa;d Prind shall tlithfully carry out and perform the said guarantee, and shat, on due notice, repair and make good at its own expense any and aft defects in materials or workmanship in the said work which may develop drzd_ng the period of 1 year(S) from the date of acceptance the prcect above described, by owner - or shall pay over, make good and reimburse to the said Obligee all l r and damage which said Obligee may sustain by reason of failure or de t 4id Principal so to do, then this obligation shall be null and void; herwse s:^ remain in full force and effect - rincipal THE CITY OF ROUND ROCK, TEXAS BRITIS Su e INSURANCE COMPANY v PBD - 8 by AMERICA KAE PRIDDY, ATTY -I ACT State of Texas County of Dallas 16$-191 (6-88) pa MEN R. COKKER STATED 7DW fAt Osmi. 6p AP/ SAW BRITISH AMERICAN INSURANCE COMPANY CORPORATE HEADQUARTERS, DALLAS, TEXAS ( POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That BRITISH AMERICAN INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Texas, does hereby make, constitute and appoint Robert C. Fricke, Robert C. Siddons, Steven B. Siddons, Jeannie Jensen, William A. Grote, Philip C. Faletto, Kae Priddy and Bettye Ann Rogers of Austin, Texas, its true and lawfull Attomey(s )-in -Fact with full power and authority to execute, acknowledge and deliver on its behalf any and all Surety Bonds, consents of surety, consents to modifications of surety contracts as may be required in ordinary course of business, on behalf of Austin Industries, Inc., Austin Bridge Co.. Austin Paving Co., A Delaware Corporation, Austin Power, Inc., Austin Commercial, Inc., Austin Industrial, Inc., and to bind BRITISH AMERICAN INSURANCE COMPANY thereby as fully and to the same extent as if such bonds were signed by the President of BRITISH AMERICAN INSURANCE COMPANY, as Surety, and duly attested by its Secretary, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. The appointment is made under the authority of the following resolution, adopted by the Executive Committee of the Board of Directors of BRITISH AMERICAN INSURANCE COMPANY at a meeting held on the 25th day of March 1980. "RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: 1. Attorney -in -Fact may be given full power and authority as outlined in the Power of Attorney for and in the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and surety bonds and other bonds, consents of surety, consents to modifications of surety contracts as may be required in the ordinary course of business, all notices and documents cancelling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. 2. The facsimile signatures of the officers and the seal of the Company shall be valid and binding upon the Company in the execution, attestation and sealing of any instrument appointing an Attorney -in- Fact." In Witness Whereof, British American Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 8th day of December, 1988. BRITISH AMERICAN INSURANCE COMPANY By 2 •1 . ay -s• _ Pres •ent • Attest ( CERTIFICATE Secretary On this 8th day of December, 1988, before me personally came George E. Dawkins to me known, who, being by me duly sworn, did depose and say, that he resides in Dallas, Texas; that he is Secretary of British American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said inst • • so affixed by order of the Executive Committee of the Board of Directors of said Co No. A -4 Notary Public Dawn Davidson , Assistant Secretary of BRITISH AMERICAN INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company, which is still in force and effect; and, furthermore, the resolution of the Executive Committee of the Board of Directors, as set forth in the Power of Attorney, is now in force. .p (' G� SIGNED and sealed at Dallas, Texas, this_ day of S- (F-J 19b_ f Assistant Secretary 4.0 GENERAL CONDITIONS 1 1 1) 1 1 1 15 1 ' 1 1 Contents 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Sub - Contractor 1.04 Sub-Subcontractor 1.05 Written Notice 1.06 Work . 1.07 Extra Work 1.08 Working Day 1.09 Calendar Day 1.10 Substantially Completed 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship 2.02 Professional Inspection by Engineer 2.03 Payments for Work 2.04 Initial Determinations 2.05 Objections 2.06 Lines and Grades 2.07 Contractor's Duty and Superintendence 2.08 Contractor's Understanding 2.09 Character of Workmen 2.10 Contractor's Buildings 2.11 Sanitation 2.12 Shop Drawings 2.13 Preliminary Approval 2.14 Defects and Their Remedies 2.15 Changes and Alterations 2.16 Inspectors 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible 3.02 Ownership of Drawings 3.03 Adequacy of Design 3.04 Right of Entry 3.05 Collateral Contracts 3.06 Discrepancies and Omissions 3.07 Equipment, Materials and Construction Plant 3.08 Damages 3.09 Protection Against Accident to Employees and the Public 3.10 Performance and Payment Bonds 3.11 Losses from Natural Causes 3.12 Protection of Adjoining Property General Conditions of Agreement GC -1 3.13 Protection Against Claims of Sub.Contractors, etc. 3.14 Protection Against Royalties or Patented Invention 3.15 Laws and Ordinances 3.16 Assignment and Subletting 3.17 Indemnification 3.18 Insurance 3.19 Final Clean-Up 3.20 Guarantee Against Defective Work 4. Prosecution and Progress 4.01 Time and Order of Completion 4.02 Extension of Time 4.03 Hindrances and Delays 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities 5.03 Price of Work 5.04 Partial Payments 5.05 Use of Completed Portions 5.06 Final Completion and Acceptance 5.07 Final Payment 5.08 Payments Withheld 5.09 Delayed Payments 6. Extra Work and Claims 6.01 Change Orders 6.02 Minor Changes 6.03 Extra Work 6.04 Time of Filing Claims 6.05 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work 8.02 Subcontractual Relations 8.03 Payments to Subcontractors 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contracts 9.03 Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 Safety Precautions and Programs 10.02 Safety of Persons and Property 10.03 Location and Protection of Utilities GC -2 1 1 1 .� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 n General Conditions of Agreement 1. Definition of Terms 1.01 Owner, Contractor and Engineer The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and mascu- line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi• neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu- ments shall create any contractual or agency relationship between the Engineer and the Contractor. 1.02 Contract Documents The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contra.^.t 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, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Sub - contractor The term Sub- Contractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 Sub- subcontractor The term Sub-Subcontractor means one who has a direct or indirect contract with a subcontractor to perform any of the work at the site and includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.05 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 registered mail to the last business address known to him who gives the notice. 1.06 Work The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin- tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of GC-3 materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.07 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 upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations," herein. 1.08 Working Day A "Working Day" is defined as any day not including Saturdays, 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 period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed By the term "substantially completed" is meant that the structure has been made suitable for use or oc- cupancy or the facility is in condition to sarve its intended purpose, but still may require minor miscel- laneous work and adjustment. 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc- tions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac- tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional GC-4 1 1 1 1 1 1 1 1 1 1 ;i 1 1 1 D 1 1 1 1 1 1 1 1 1 1 1 judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to Contractor shall not be deemed as a repre- sentation by Engineer that Engineer has made any examination to determine how or for what purpose Contractor has used the moneys paid on account of the Contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims disputes and other matters in question between the Contractor and the Owner relating to the execution or progress of the work or the interpretation of the Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time, which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci- sion had been rendered against the party appealing. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac- cordance with the meaning and intent of this contract, either party may file with the Engineer within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction 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 at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instruc- tions being to define with specificity the agreement of the parties as to the work the Contractor is to perform. Contractor shall he fully and completely liable, at his own expense, for design, construction, installation and use, or non -use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop draw- GC-5 ings for temporary construction or construction processes, or by other means or method, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being per- formed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling Contractor to more fully understand the plans and specifications so that the com- pleted construction work will conform thereto, and shall in no way relieve the Contractor from hill and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall in no way relieve Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 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 or Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workmen The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the Engineer shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set- ting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor- rections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsi- bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings GC-6 w.. 7.I4n 1 1 1 1 1 1 1 1 1 1 1 1 1 n 1 1 1 1 1 1 1 1 1 1 or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela. tion to the safety of either person or property during Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the 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 to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitations, 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 shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this 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 plans and /or specifications for said work, all expense of removing, reexamination 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: provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Detects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment 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, except as provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is increased, and the 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, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment "; otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara- tion for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of GC -7 observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between Engineer and Contrator their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu- tion of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for, charged with, nor shall he assume, any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi- neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con- tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or specifications of this contract; apparent or express approval of the means, methods or manner of Contractor's performance of work in progress or completed; or discovery or failure to discover or object to defective work of materials shall release Contractor from his duty to complete all work in strict accordance with the plans and specifications or estop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep- table work and the re-doing of such work. 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the Contractor shall keep one copy of the same con- stantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is there- fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the 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. 3.04 Right of Entry The Owner reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility GC-8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in 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 Docu- ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por- tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate- rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis• sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with 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. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. - 3.10 Performance and Payment Bonds Unless ct erwi scedfied, it is further cg by the Parties to the Contract that the Contractor will execute separate perfornance and payment bonds, aril in the sun of cone hundred (100%) percent of the total =tract price, in standard forms for this purpose, guaranteeing faithful a rfornsnr of the work and the fulfillment of any guarantee required, and further guaranteeing payrmt to all persaL =gyp labor and neterials or fimnfshirg him any ecpipsnt in the execution cf the Cmtract. If the contract price is less than $50,000.00, a letter of credit nay be furnished in lieu of a performance bad. It is agreed that the Ocntract stall not be in effect until such performance bad (s) or letter (s) of credit, and payment bad (s) are furnished and approved by the owner. Unless of enai ;tied, the cost of the premium for the performance bad or letters of credit, and pay rmt bads shall be included in the price bid by the Contractor for the work urns this Contract, and no extra payment for such blonde or letters of credit will be rm& by the Carer. Unless otherwise approved in writing by the Owner, the surety company uCLrwriting the bards or letter of credit shell be acceptable according to the latest list of anpnenies holding certificates of authority from the Secretary of the Treasury of the Ltnited States and shall be lic GC.9 to write such urns or letters of credit in the State of Texas. 3.12 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.11 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construc- tion; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. 3.13 Protection against Claims of Sub - contractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis- sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his Surety. 3.14 Protection against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letter patent or copyright by suitable legal agreement with the patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy- right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by the Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. - 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and Engineer against any claim arising from the violation of any such laws, ordi- nances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces- sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor GC -10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with. out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this con- tract, shall not relieve the Contractor from his hill obligations to the Owner, as provided by this Agree- ment. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec- tive officers, agents and employees, from and against all damages, claims, losses, demands, suits, judg- ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease or death to any person including Contractor's employees and any Subcontractor's employees and any Sub - Subcontractor's employees or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor or Sub - Subcontractor including the loss of use resulting therefrom; and, (2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Sub-Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys. Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys, Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury or damage. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli- gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 insurance The Contractor shall carry inurance as follows for the duration of this contract. A. Statutory Workmen's Compensation B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. GC -11 C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum limits for Bodily Injury of 5100,000 for each person and 5300,000 for each occurrence and Property Damage minimum limits of 550,000 for each occurrence. Contractor shall require sub- contractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all re- quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac- tor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All in- surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received written notice as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca- tion and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause. 3.19 Final Clean -up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be dis- covered within the said one year period. The Contractor shall at his own expense correct such defect within thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to the condition called for in the contract documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two passing retests before ac- ceptance will be made by the Owner. The testing laboratory will be designated by the Owner. All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis- cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer- tificate stating that the material meets the requirements specified for this project. GC -12 5... 5.145 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that. the Con- tractor 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 the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of com- pletion designated in the Proposal; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid- able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com- pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. l gather and l rat be justificatiar= fc extensia of tine on "Calendar Linys" orntracts. 4.03 .O3 H Hindrances s a a Delays No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and /or com- puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe- cifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be clone and material to be furnished under this contract, they are approxi- mate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit puce method, payment shall be for the actual amount of such work done and the material furnished. GC -13 Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quan- tity of any major item should become as much as 20% more than, or 20% less than the estimated or con- templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 Price of Work 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 on the delivery of all material em- braced in this Contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also 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 Agreement. 5.04 Partial Payments On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement shaving the total value of the work performed up to and including the 25th day of the preceding month. The state- ment shall also include the value of all sound materials delivered on the job site and to be included in the work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify anr1 approve such statement. The Owner shall then pay the Contractor on or before the ZOth day of the current month the total amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the Owner under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and 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: or the Contractor at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the condi- tions stated under "Final Payment." 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed por- tions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substan- tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial comple- tion" of the structure or facility shall not excuse the Contractor from performing all of the work under- taken, whether of a minor or major nature, and thereby completing the structure or facility in accor- dance with the Contract Documents. GC -14 a... eras 1 1 1 1 1 1 1 1 1 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed. the Engineer and the Owner shall inspect the work and within said time, if the work be found to be completed in accordance with the Contract Documents, the Engi- neer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance of the work to the Con- tractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure- ments and prepare final statement for the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this contract; and said payment shall become clue in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill- ment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied or other obligations hereunder not done. (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. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. 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. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state- ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully liquidate any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or final statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform here- under. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. Rev. 7.1 -75 GC -15 In the event the Contractor shall refuse to execute a Change Order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the Change Order and the Contractor may make claim against the Owner for Extra Work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in- crease in the Contract Price, the Contractor shall make written request to the Engineer for a written Field Order. In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 Extra Work It is agreed that the basis of compensation to the Contractor for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon which this contract was bid to the extent such work can be fairly classified within the various work item descriptions and for work items that cannot be so classified by one or more of the following meth,.ds: Method (A) By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) If neither Method IA► nor Method (B) be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen 1151 percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta- tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made avail- able to the Engineer. The Engineer or Owner 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 determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incor- porated in the Written Extra Work Order. The fifteen (15 %u) per cent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained pri- GC -16 1 1 1 1 V 1 1 1 1 1 h 1 1 1 1 1 1 t 1 1 1 marily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." 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 or an adjustment in the construction time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro- vided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claims by either party, except claims by Owner for defective work or enforcement of warranties and except as noted otherwise in the contract documents. 6.05 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ- ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of G C -17 the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment the Contractor shall not remove from the work any machin- ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the Owner or the Surety on the 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 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, 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: (1) The Owner may thereupon employ such force of men 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 Con - tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. 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 and /or his Surety shall pay the amount of such excess to the Owner, or (2) The Owner under competitive bids, taken after notice published as required by law, 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 there is 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 there- for. However, should the cost to complete any such contract prove to be less than would have been the cost to complete under this contract, the Contractor and /or his Surety shall be credited therewith. When the work shall have been substantially completed the Contractor and his Surety shall be so noti- fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con- tractor and /or 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 Certificate of Completion. 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 and /or his Surety shall 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 and /or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and /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 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 GC -18 1 1 1 1 1 1 1 1 1 1 1 1 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. The books on all operations provided herein shall be opened to the Contractor and his Surety. 7.02 Abandonment by Owner In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep- tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub- contractor on the list shall constitute acceptance of such Subcontractor. The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design) proposed for portions of the work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig- nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or person or organization against whom he has a reasonable objection. If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub- mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate change order shall be issued; however, no increase in the Contract amount shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting for acceptance any list or lists of names as required by the Contract Documents or the Instructions to Bidders. If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization previously accepted by them, the Contract amount shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. The Contractor shall not make any substitution for any Subcontractor or person or organization who has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner and the Engineer. -GC -19 8.02 Subcontractual Relations All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac- tors and Sub - subcontractors) which shall contain provisions that: (1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to the work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; (2) require that such work be performed in accordance with the requirements of the Contract Docu- ments; (3) require submission to the Contractor of the applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with this contract; (9) require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the work shall be submitted to the Contractor (via any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; (5) obligate each subcontractor specifically to consent to the provisions of this section. A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the Subcontractor shall be allowed to commence work. 8.03 Payments to Subcontractors The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount directly based upon the value of the work performed and allowed to the Contractor on account of such Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any time after the Certificate for Payment should otherwise have been issued, for his work to the extent com- pleted, less the retained percentage. The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of work done by such Subcontractors. Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any moneys to such Subcontractor except as may otherwise be required. 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts The Owner reserves the right to award other contracts in connection with other portions of the project under these or similar conditions of the Contract. When separate contracts are awarded for different portions of the Project, "The Contractor" in the contract documents in each case shall be the contractor who signs each separate contract. 9.02 Mutual Responsibility of Contractors The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coor- dinate his work with theirs. GC -20 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 If any part of the Contractor's work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the project, the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs which the Owner has incurred. 9.03 Cutting and Patching under Separate Contracts The Contractor shall be responsible for any cutting, fitting and patching that may be required to com- plete his work except as otherwise specifically provided in the Contract Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 10. Protection of Persons and Property 10.01 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. 10.02 Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (1) all employees on the work and all other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein, whether in storage or or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors: and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pave- ments, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 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. Rev. 7.1.75 GC -21 All Blasting, including methods of storing and handling explosives and highly inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with even though some or all of the blasting is done outside the City Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action is being taken. The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the amount of 5300,000.00 for each contract, at least twenty -four hours prior to using explosives. A blasting permit must be obtained from the City at least five (5) days prior to use of explo- sives. If Blasting is covered under the Contractor's General Insurance Certificate for each contract, a separate blasting certificate will not be required. 2. The following public utility companies and City Department will be notified by the Contractor, on every occasion, at least twenty -four (24) hours prior to the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the City Engineering Department. 3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap- proval of other materials is obtained in writing from the Engineering Department. 4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles, and public or private property. Blasting mats or protective cover shall be used when required by the City Inspector, the permit, or by safe blasting practices. 5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38-11.201, of the City Code. 6. The Director of Engineering 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. 7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as a result of blasting. All claims of damage shall be investigated by the City or by Consulting Firms approved by the City. 8. The Contractor shall maintain accurate records throughout the Blasting operations showing the type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot, delays used, date and time of blast and initials of the Inspector. The Contractor is fully re- sponsible 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 Contrac- tor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the 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. The contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig- nated in writing by the Contractor to the Owner and the Engineer. 10.03 Location and Protection of Utilities Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the location and protection of any and all public utility lines and utility customer service lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the Owner shall provide such information as it has about the location and grade of water, sewer, gas, and telephone and electric lines and other utilities in the work area but such information shall not relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by the Contractor or he shall cause such damage to be repaired at his expense. GC -22 Rev. 7-1 -75 1 1 1 1 1 1 1 1 1 1 SECTION 01- INFORMATION 01 -01 ENGINEER The word "Engineer" in these Specifications shall be understood as referring to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664. Engineer of the Owner, or the Engineer's authorized representative to act in any particular position for the Owner. 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHEDD The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents, Technical Specifications and Plans free of charge, and additional sets will be obtained from the Engineer at cannercial reproduction rates plus 20% for handling. 01 -03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The Contractor agrees that time is of the essence for 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 carpletion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per calendar day. 01 -05 LACATION The location of work shall be as mentioned in the Notice to Contractors and as indicated on Plans. specialc /2 SC -1 01 -06 USAGE OF WATER All water used during construction shall be provided by the City. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excesive waste is occurring during construction. 01 -07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the general Conditions, then the pay estimate will not be processed and will be returned to Contractor. SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, 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. 02 -02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his awn utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES Guarantee work, including equipment installed, shall be free from defects due to faulty workmanship for a period of one (1) year from the date of final acceptance by the Owner. Materials furnished shall be free from defects for a period of one (1) year or the period provided by the manufacturer, whichever is longer, from the date of final acceptance by the Owner. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment specialc /2 SC -2 02 -04 MINIMUM WAGE SCALE Minimum wage scale as specified and regulated by the State of Texas and the Federal Government. 02 -05 LIMIT OF FINANCIAL RESOURCES 02 -06 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 02 -07 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to plete all work included in this contract, so authorized by the Owner, as described in the contract documents and technical specifications. All items of work 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. 02 -08 PAYMENT FOR MATERIALS ON HAND Owner will not pay for materials on hand. Payment will be made for work completed in accordance with monthly estimate procedure stipulated in the General Conditions of the Agreement. specialc /2 nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders 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 anit 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. SC -3 02 -09 "AS- BUILTS" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Pro and prier to final acceptance and payment, the Contractor shall submit to the Engineer one set cf his working drawings, dated and signed by himself and his project superintendent and labled as "As- Builts ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as- built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- built tie -ins provided no existing utilities as previously described are available Costs for delivering as -built drawings shall be subsidiary to other bid items. 02 -10 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to be done, right -of -way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilitues, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services, poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations casts or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. twonine/4 SC-4 02 -12 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. SECTION 03- TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E M S , Pnhhr Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The contract shall be responsible for all maintenance, signing and safety precautions necessary for traffic controL This item shall be considered subsidiary and no additional compensation shall be given for complying with this Special Condition. SECTION 04- MAINTENANCE BOND Per city of Round Rock Ordinance, a two (2) year Maintenance Bond naming the City cf Round Rock as oblige will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. A one (1) year Mainteance Bond in the amount of one hundred (100%) percent of the contract price, as adjusted by any change orders, will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. constk/4 SC-5 SECTION 5 INSURANCE Section 3.18 of the General Conditions of the Agreement is hereby amended to include the following: 3.18 Insurance Contractor shall carry insurance in the following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Workers' Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for this designated project and $100,000 Fire Damage. c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with minimum limits for Bodily Injury of $250,000 for each person and $500,000 for each occurrence and Property Damage limits of $100,000 or a Combined'Single Limit of $600,000. d. On all new or remodeling building projects; All Risk Builders Risk Insurance for insurable building projects shall be insured in the amount of the contract price for such improvements. Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. 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 Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All destibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to Owner. Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne Land, City Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy 30 days prior to, change. 3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an additional insured shown on policy. It is intended that policies required in this agreement, covering both Owner and Contractor, shall be considered primary coverage as applicable. Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is claims made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract and for two years following completion of this Contract. S -7 Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, an advance of the retroactive date, cancellation and /or renewal. It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by this section shall be paid by Contractor. 6.0 TECHNICAL SPECIFICATIONS ITEM 1 1.01 GENERAL DESCRIPTION SCOPE OF WORK The work covered by these Specifications consists of furnishing all labor, equipment, appliances, materials and performing all operations in connection with the installation of street improvements complete in accordance with the Plans, and subject to the terms and conditions of the Contract Documents. 1.02 GOVERNING TECHNICAL SPECIFICATIONS NOTE: The item number designation shown in parentheses adjacent to captions is a reference to City of Austin Standard Specifications. STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS The current City of Austin Standard Specifications as adopted and amended by the City of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual, are incorporated into this project and they shall be applied to this project except as modified in these Specification and on the Plans. Wherever the term "City of Austin" is used in the Austin Specifications, it shall be construed to mean City of Round Rock. Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed to mean the City of Round Rock, Texas. ITEM 2 CONTROL OF WORK 2.01 CLEAN -UP 2.01.1 CONSTRUCTION SITE During construction the Contractor shall keep the site tree and clean from all rubbish and debris and shall clean -up the site promptly when notified to do so by the Engineer. The Contractor shall, at his can expense, maintain the streets and roads free from dust, mud, excess earth or debris which constitutes a nuisance or danger to the public using the thoroughfare, or the occupants of adjacent properties. Care shall be taken to prevent spillage on streets and roads over which hauling is done, and any such spillage or debris deposited on streets, due to the Contractor's operations, shall be immediately removed. TS -1 (techspec /1) 2.01.2 HACKWORK The Contractor shall coordinate his operations in such a manner as to prevent the amount of clean-up and completion of back works from becoming excessive. Should such a condition exist, the Engineer may order all or portions of the work to cease and refuse to allow any work to commence until the back work is done to the Engineer's satisfaction. 2.02 GRADING The Contractor shall do such grading in and adjacent to the construction area associated with this contract as may be necessary to leave such areas in a neat and satisfactory condition approved by the Engineer. ITEM 3 3,01 EXAMINATION AND REVIEW EXAMINATION OF WORK The work covered under this Contract shall be examined and reviewed by the Engineer, representatives of all governmental entities which have jurisdiction, and the Owner's authorized representative. The quality of material and the quality of installation of the improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's responsibility for the construction methods and safety precautions in the undertaking of this Contract. 3.02 NOTIFICATION The Engineer and Owner must be notified a minimum of 24 -hours in advance of beginning construction, testing, or requiring presence of the Engineer, project representative, or Owner's representative. ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as directed by the Engineer. 4.02 PROTECTION OF TREES, PLANTS AND SHRUBS The Contractor shall take necessary precautions to preserve all existing trees, plants and shrubs but where it is justifiable and necessary the Contractor may remove trees and plants for construction right- of-way but only with approval of the Engineer. techspec TS -2 1 4.03 BARRICADES ' Barricades shall be installed, in locations deemed necessary by the Engineer, for the protection of life and property. Under no circumstances will any existing road be permitted to ' remain closed over a weekend. No separate pay will be made for this item. 4.04 PROPERTY LINES AND MONUMENTS The Contractor shall be responsible for the protection, reference and resetting of property corner monuments if disturbed. 4.05 DISPOSAL OF SURPLUS MATERIAL 1 The Contractor shall at his own expense, make arrangement for the disposal of surplus material, such as rock, trees, brush and other unwanted backfill materials. 4.06 CONTRACTOR'S USE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. ITEM 5 MATERIALS 1 5.01 TRADE NAMES Except as specified otherwise, wherever in the specifications 1 an article or class of material is designated by a trade name or by the name or catalog number of any maker, patentee, manufacturer, or dealer, such designations shall be taken as intending to mean and specify the articles described or another equal thereto in quality, finish, and serviceability for the purpose intended, as may be determined and judged by the Engineer in his sole discretion. 1 5.02 MATERIALS AND WORKMANSHIP ' No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without the written consent of the ' Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the owner to discriminate against an equal product of another manufacturer, 1 techspec TS -3 1 1 ITEM 6 REST ORATION, REVEGETATION, AND EROSION CONTROL MEASURES (Series 600) techspec but rather to set a definite standard of quality for performance, and to establish an equal basis for the evaluation of bids. Where the words "equivalent ", "proper" or "equal to are used, they shall be understood to mean that the item referred to shall be "proper ", the "equivalent" of, or "equal to some other item, in the opinion or judgement of the Engineer. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the specifications in connection with a material, manufactured article or process, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the Engineer, and the Engineer will have the right to require the use of such specifically designated material, article or process. This item shall govern the furnishing, placing, maintaing and removal of all erosion control measures, site work, restoration work, grading, shaping and seeding for all disturbed areas and in accordance with the Plans. All temporary erosion control measures including hay bales, rock berms, fabric fence and brush piles shall be erected at the locations as required, maintained until final acceptance, and removed by the Contractor after final acceptance of the project. The restoration of disturbed areas and spoil sites shall include spreading of top soil, shaping, hydremulching or seeding. Maintenance of temporary erosion control measures shall be the Contractors responsibility until final acceptance. Existing temporary erosion control measures installed by others, but disturbed by the Contractor, will be repaired or replaced at the Contractor's sole expense. This item will not be measured and paid for separately. Costs for this item shall be considered subsidiary to other unit prices. TS -4 1 1 1 1 1 1 1 1 . 1 1 1 1 1 1 1 1 1 301.1 Description This item shall consist of the requirements for oil asphalts, cut -back asphalts, road oils, emulsified asphalts. asphalt cement and bther miscellaneous asphaltic materials. 301.2 Materials When tested according to Stale Department of Highways and Public Transportation Test Methods, the various materials shall meet the applicable requirements of this specification. ( Asphalt Cement • The material shall be homogeneous, free from water, shall not foam when heated to 350 F and shall meet the follow- ing requirements: Viscosity 140 F Poises Viscosity 275 F stokes Tests on residues from thin film oven test: Viscosity 140 F stokes Ductility 77 F 5 cms per min, cros Spot test (2) Latex Additive Test VISCOSITY GRADE Item No. 301 • Asphalts, Oils and Emulsions AC -3 AC -5 AC -10 AC -20 AC -40 Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. 300 ±100 500±100 1000 ±200 2000±400 4000-800 1.1 — 1.4 — 1.9 — 2.5 — 3.5 — Penetration 77 F, 100g,5 sec. 210 — 135 — 85 — 55 — 35 — Flash Point, C.O.C. F 425 — 425 — 450 — 450 — 450 — Solubility in trichloroethylene, percent 99.0 — 99.0 — 99.0 — 99.0 — 99.0 — — 900 — 1500 — 3000 — 6000 — 12000 100 — 100 — 70 — 50 — 30 Negative for all grades The minimum of 2 percent by weight, latex additive (solids basis) shall be added to AC -5 Asphalt when indicated. The latex additive shall conform to the following: The latex is to be an anionic emulsion of butadiene - styrene low- temperature copolymer in water, stabilized with fatty-acid soap so as to have good storage stability, and possessing the following properties: Monomer ratio, B/S 70/30 Minimum solids content 67% Solids content per gal at 67% 5.3 lbs. Coagulum on 80 -mesh screen 0.1% maximum Type Anti - oxidant staining Mooney Viscosity of Polymer (M /L 4 at 212 F)1 100 minimum pH of Latex 9.4 -10.5 Surface tension 28 -42 dynes /cm' Brookfield Viscosity of Latex 1200 ps maximum at 67% solids Page 1 04/17/86 301 1 The finished latex- asphalt blend shall meet the following requirements: Viscosity at 140 F stokes 1500 maximum Ductility al 39.2 F.1 cm. per min. cm 100 minimum (3) Cutback Asphalt Cutback Asphalt shall conform to the following table: CUTBACK ASPHALT RAPID CURING TYPE CUTBACK ASPHALT Type -Grade - RC -250 RC -800 RC -3000 Properties Minimum Maximum Minimum Maximum Minimum Maximum Water, percent — 0.2 — 0.2 — 0.2 Flash Point, T.O.C., F 80 — 80 — 80 Kinematic vis. (5'140 F, cst • 250 400 800 1600 3000 6000 Distillation Test: Distillate. percentage by volume of total distillate to 680 F 10 437 F 40 75 35 70 20 55 to 500 F 65 90 55 85 45 75 to 600 F 85 — 80 — 70 — Residue from Distillation Volume Percent 70 — 75 82 — Tests of Distillation Residue Penetration, 100g 100 150 100 150 100 150 5 sec., 77 F Ductility, 5 cm /min. 100 — 100 100 — 77F,cm Solubility in ' trichloroethylene, % 99.0 — 99.0 — 99.0 Spot Test ALL NEGATIVE MEDIUM CURING TYPE CUTBACK ASPHALT Type-Grade MC -30 MC -70 MC -250 MC -800 MC -3000 Properties Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Water, % — 0.2 — 0.2 — 0.2 — 0.2 — 0.2 , Flash Point, 100 — 100 — 150 — 150 — 150 — T.O.C., F Kinematic vis. @ 30 60 70 140 250 500 800 1600 3000 6000 1 140F.cst. The Distillate, expressed as percent by volume to total distillate to 680 F, shall be as follows: Off at 437 F — 25 — 20 — 10 — — Off at 500 F 40 70 20 60 15 55 — 35 — 15 Off at 600 F 75 93 65 90 60 87 45 80 15 75 Residue from 680 F Distillation, Volume Percent 50 55 67 — 75 — BO — 301 04/17/86 Page 2 1 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Tests on Distillation Residue: Penetration at 77 F 100g, 5 sec. 120 250 120 250 120 250 120 250 120 250 Ductility at 77 F 5 cm /min, cms 100' — ' 100' — 100' — 100' — 100' — Solubility in trichloroethylene, % 99.0 — 99.0 — 99.0 — 99.0 — 99.0 — Spot Test ALL NEGATIVE 'If penetration of residue is more than 200 and ductility at 77 F is less than 100 cm, the material will be acceptable if its ductility at 60 F is more than 100. Type -Grade Properties Viscosity @ 122 F, SF, sec. Sieve Test, Demulsibility, 50mL 0.1 N CaCI„ % Storage Stability, 24 hr., TEST ON RESIDUE FROM CUTBACK DISTILLATION TO 680 F USINT RESIDUE FROM 500 F DISTILLATION Total Oils' from Distillation, Float C- 122 F on Residue from Cutback Distillation Solubility in Trichloroethylene, T AE -P CUTBACK ASPHALT Minimum 15 40 20 50 97.5 AE -P Maximum 150 0.1 70 1.0 35 200 'Cumulative total from 500 F distillation of emulsion and distillation of residue by cutback distillation 10 680 F. (4) Emulsions The material shall be homogenous. It shall show no separation of asphalt after thorough mixing and shall meet the viscosity requirements at any time within 30 days after delivery. ANIONIC EMULSIONS Rapid Setting Medium Setting Slow Setting Type -Grade RS -2 RS -2h MS -2 MS -2h MS -1 SS -1 Properties Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Furol Viscosity at 77 F, sec. — — — — — 30 100 30 100 Furol Viscosity at 122 F, sec. 150 400 150 400 100 300 100 300 — — Residue by Distillation, % 65 — 65 — 65 — 65 — 60 — 60 — Oil Portion of Distillate, % — 2 — 2 — 2 — 2 — 2 — 2 Sieve Test, % — 0,1 — 0.1 — 0.1 0.1 0.1 0.1 Miscibility (Standard Test) Passing Passing Coating — — — — Passing Cement Mixing, % — — — — — — — 2.0 Demulsibility 50 cc of N /10 CaCI„ % — — — — — — 70 Demulsibility 35 cc of N /50 CaCI„ % 60 — 60 — — 30 30 Storage Stability 1 day, % '1' — 1 — 1 — 1 — 1 — 1 Page 3 04/17/86 301 ANIONIC EMULSIONS , Rapid Setting Medium Setting Slow Setting Y.` Type -Grade RS -2 RS -2h MS -2 MS -2h MS -1 SS -1 Properties Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Min. Max. Freezing Test, 3 Cycles - Passing Passing Passing Passing , Tests of Residue: Penetration at 77 F, 100g, 5 sec. - 120 160 BO 110 120 160 B0 110 120 160 120 160 ' Solubility in Trichloroelhylene, % 97.5 97.5 — 97.5 — 97.5 — 97.5 — 97.5 — Ductility at 77 F, 5 cm /min, cms 100 — 100 — 100 — 100 — 100 — 100 — ' 'Applies only when Engineer designates material for winter use. CATIONIC EMULSIONS ' Rapid Setting Medium Setting Slow Setting Type -Grade CRS -2 CRS -2h CMS -2 CMS -2h CSS -1 CSS -1h , Min. Max. Min. Max. Min. Max. Min. Max, Min. Max. Min. Max. Viscosity, Saybolt Furol at 77 F sec. — — 20 100 20 100 ' Viscosity, Saybolt Furol at 122 F sec. 150 400 150 400 100 100 300 100 100 300 — — ' Storage stability test, 1 day % — 1 — 1 — 1 — 1 — 1 — 1 Demulsibility, ' 35 ml 0,8% sodium dioctyl sulfosuccinate 40 — 40 — — — — — — — — Coating, ability & water resistance: Coating, dry aggregate — — good good — , Coating, after spraying — — fair fair — Coating, wet aggregate — fair fair — Coating. after spraying fair fair — 1 Particle charge test Positive Positive Positive Positive Positive Positive Sieve test % — 0.10 — 0.10 — 0.10 — 0.10 — 0.10 — 0.10 Cement Mixing test, % — 2.0 — 2.0 Distillation: 1 Oil distillate, by volume of emulsion, % — 3 — 3 — 12. — 12 3 — — 3 , Residue, % 65 — 65 — 65 — 65 — 60 — 60 Tests on Residue from Distillation Test: ' Pene8ation, 77 F, 100 g 5 sec. 120 160 80 110 120 200 80 110 120 160 80 110 Ductility, 77 F, 5 cm /min, cm 100 — 100 — 100 — 100 — 100 — 100 — Solubi5ly in trichloroethylene, % 97.5 — 97.5 — 97.5 — 97.5 — 97.5 — 97.5 — 4 'The demulsibility test shall be made within 30 days from date of shipment. , 301 04/17/86 Page 4 1 1 n 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (5) Fluxing Material Fluxing material shall be free from foreign matter and shall conform to the following: Properties (6) Precoat Material Water, % — 0,2 Kinematic Viscosity at 140 F, cst 60 120 Flash Point, C.O.C., F 250 Loss on Heating, 50g, 5 hrs at 325 F, % — 5 Asphalt Content of 85 to 115 penetration by vacuum distillation weight, % 25 — Pour Point, F — 60 Precoat material may consist of any one of the various types of asphaltic materials listed in this specification, approved by the Engineer, including "Special Precoat Material ". Properties Minimum Water, % — Flash, C.O.C., F 200 Kinematic Viscosity at 140 F, cst. 300 Distillation to 680 F: Initial Boiling point, F 500 Residue by weight, % 70 Penetration residue, 77 F, 100g, 5 sec 200 (7) High Float Emulsions Minimum Maximum Special Precoat Material Maximum 0.2 500 300 HIGH FLOAT EMULSIONS Rapid Setting Medium Setting Type -Grade HFRS -2 AES -300 Properties Minimum Maximum Minimum Maximum Furol Viscosity at 77 F, sec. — — 75 400 Furol Viscosity at 122 F, sec 150 400 Residue by Distillation, % 65 — 65 — Oil Portion of Distillate, % — 2 — 7 Sieve Test, % — 0.1 — 0.1 Coating — Passing Demulsibility 35 cc of N /50 CaCI„ % 50 — Storage Stability Test, 1 day, % — 1 Tests on Residue: Penetration at 77 F, 100 g, 5 sec. 100 140 300 Solubility in Trichloroethylene, % 97.5 — 97.5 Ductility at 77.5 cm /min, cms 100 — Float Test at 140 F, sec. 1200 — 1200 (8) Catalytically -Blown Asphalt Joint and Crack Sealer Catalytically -blown asphalt shall be uniformly blended with 10 percent diatomaceous earth filler which passes the No 325 sieve. It shall form a suitable joint and crack sealer which may be melted to pouring consistency in the regular asphalt kettle at a temperature of approximately 450 F to 475 F. The material shall meet the following requirements: 68 -88 Pen 38 -45 Pen Type -Grade Minimum Maximum Minimum Maximum Penetration, 77 F, 100g, 5 sec 68 88 38 45 Penetration, 32 F, 200g, 60 sec 38 — — — Penetration, 115 F, 50g, 5 sec — 160 — Softening Point, R & 8, F 175 200 185 200 Flash, C.O.C., F 500 — 500 — Page5 04/17/86 301 68 -88 Pen 38 -45 Pen Type -Grade Minimum Maximum • Minimum Maximum Ductility, 77 F, 5 cm /min, ems 5 — 3 Flow, 140 F, cm — 0.5 —. 0.5 Ash, Weight, % 8 — 8 — Settlement Ratio — 1.02 — 1.02 Brittleness Test, 32 F No Cracking No Cracking 301.3 Storage, Heating and Application Temperatures Asphaltic materials should be applied at the temperature which provides proper and uniform distribution and with practical limits avoiding higher temperatures than necessary. Satisfactory application usually should be obtained within the recommended ranges shown below. No material shall be heated above the following maximum temperatures: Application and Mixing Heating and Recommended Storage Type -Grade Range, F Allowable, F Maximum, F , AC- 5,10,20,40 - ., 275 375 350 AC -3 220 -300 350 350 AE -P 100 -140 140 140 RC -250 - 125 -180 200 200 RC -800 170 -230 260 260 RC -3000 215 -275 285 285 MC -30 70 -150 175 175 MC -70 125 -175 200 200 MC -250 125 -210 240 240 MC -800 175 -260 275 275 MC-3000 225 -275 290 290 Cat. Blown Asph 425 -475 500 500 Special Precoat Material 125 -250 275 275 SS -1, MS -1, CSS -1, CSS -1 h 50 -130 140 140 RS -2, RS -2h, MS -2, MS -2h, CRS -2, CRS -2h, CMS -2, CMS -2h, HFRS -2, AES -300 110 -160 170 170 NOTE: Heating of asphaltic materials (except emulsions) constitutes a fire hazard to various degrees. Proper precautions should be used in all cases and especially with RC cutbacks. 301.4 Measurement and Payment All asphaltic materials included in this specification will be measured and paid for conforming to the governing specifications for the items of construction in which these materials are used. End Warning to Contractors Attention is called to the fact that asphaltic materials are very flammable. The utmost care shall be taken to prevent open flames from coming in contact with the asphaltic material or the gases of same. The Contractor shall be respon- sible for any fires or accidents which may result from heating the asphaltic materials. 301 04/17/86 Page 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Item No. 302 Aggregates for Surface Treatments 302.1 Description This item shall consist of the requirements for aggregate and precoated aggregate to be used in the construction of surface treatments. 302.2 Materials (1) Aggregates Aggregates shall be composed of clean, tough and durable particles of gravel, crushed gravel, crushed stone, crushed slag or natural limestone rock asphalt. These materials shall not contain more than 5 percent by weight of soft particles and other deleterious materials as determined by SDHPT Test Method Tex - 217 -F, Part I. The natural limestone rock asphalt aggregate furnished shall have an average bitumen content from 4 to 8 percent by weight of naturally impregnated asphalt, as determined by SDHPT Test Method Tex -215 -F and shall contain not more than 2 percent by weight of any one of or combination of iron pyrites or other objectionable matter, as deter- mined by SDHPT Test Method Tex- 217 -F, Part I. No aggregate shall contain a total of more than 5 percent by weight of impurities or objectionable matter listed above. The percent of wear, as determined by SDHPT Test Method Tex - 410 -A, for each of the materials shall not exceed 20 percent. The percent of wear on natural limestone rock asphalt aggregate as determined by SDHPT Test Method Tex -410 -A shall be made on that portion of the material retained on the No. 4 sieve, having a naturally impregnated asphalt content of less than 1 percent. Crushed gravel shall have a minimum of 85 percent of the particles retained on the No. 4 sieve with at least 1 crushed face, as determined by SDHPT Test Method Tex - 413 -A. (2) Precoat Material and Flux Oil (a) The precoat material shall meet requirements for " Precoat Materials" as specified in Item No. 301, "Asphalts, Oils and Emulsions". (b) The flux oil shall meet the requirements for "Flux Oil" as specified in Item No. 301, "Asphalts, Oils and Emulsions ". (c) Potable water from City of Austin supplies is preferred, but the Contractor may submit test results of other water as sources for approval by the Engineer /Architect before use in structural concrete. 3023 Types The various types of aggregates are identified as follows: Type A Type A aggregate shall consist of gravel, crushed slag, crushed stone or natural limestone rock asphalt. Type B Type B aggregate shall consist of crushed gravel, crushed slag, crushed stone or natural limestone rock asphalt. Type C Type C aggregate shall consist of gravel, crushed slag or crushed stone. Type D Type D aggregate shall consist of crushed gravel, crushed slag or crushed stone. Type E Type E aggregate shall consist of natural limestone rock asphalt. Page 1 04!17/86 302 Type F Type F aggregate shall consist of Trap Rock. The various types of precoated aggregates are identified as follows: Type PA Type PA shall be precoated aggregate consisting of gravel, crushed slag, crushed stone or natural limestone rock asphalt. Type PB Type P8 shall be precoated aggregate consisting of crushed gravel, crushed slag, crushed stone or natural lime- stone rock asphalt. Type PC Type PC shall be precoated aggregate consisting of gravel, crushed slag or crushed stone. Type PD Type PD shall be precoated aggregate consisting of crushed gravel, crushed slag or crushed stone. Type PE Type PE shall be precoated aggregate consisting of natural limestone rock asphalt. 302.4 Grades When tested by SDHPT Test Method Tex-200 -F, Part I, the gradation requirements for the several grades of aggregate shall be as follows: Percent by Weight Grade 1 Retained on 1 inch sieve 0 Retained on % inch sieve 0 -2 Retained on 3 /< inch sieve 20 -35 Retained on s/e inch sieve 85 -100 Retained on V. inch sieve 95 -100 Retained on No. 10 sieve 99 -100 Grade 2 Retained on % inch sieve 0 Retained on s/. inch sieve 0 -2 Retained on 1/2, inch sieve 20 -35 Retained on' inch sieve 85 -100 Retained on 3 /9 inch sieve 95 -100 Retained on No. 10 sieve 99 -100 Grade 3 Retained on 3 .4 inch sieve 0 Retained on V. inch sieve 0 -2 Retained on 1 /z inch sieve 20 -35 Retained on 1/2 inch sieve 85 -100 Retained on Y inch sieve 95 -100 Retained on No. 10 sieve 99 - 100 Grade 4 Retained on s/e inch sieve 0 Retained on 1/2 inch sieve 0 -2 Retained on' /e inch sieve 20 -35 Retained on No, 4 sieve 95 -100 Retained on No. 10 sieve 99 -100 302 04/17/86 Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ID 1 1 Percent by Weight Grade 5 Retained on 1 /2 inch sieve 0 Retained on ' /s inch sieve 0 -5 Retained on No. 4 sieve 40 -85 Retained on No. 10 sieve 98 -100 Retained on No, 20 sieve 99 -100 Grade 3T Retained on 3 /. inch sieve 0 Retained on s /s inch sieve 0 to 2 Retained on 1 inch sieve 20 10 35 Retained on 3 /e inch sieve 85 to 100 Retained on 'A inch sieve 95 to 100 Retained on No. 10 sieve 99 to 100 The percent of wear as determined by Test Method Tex -410 -A shall not exceed 15 percent (Los Angeles Abrasion). The aggregate when tested using Test Method Tex -411 -A (magnesium sulphate soundness method, 4 cycle) shall have no greater loss than 30 percent. The aggregate shall be dark in color. Aggregate shall be sufficiently washed as to produce a clean, dustfree surface, Grade 5T Retained on 1 inch sieve 0 Retained on 3 /8 inch sieve 0 to 5 Retained on No. 4 sieve 40 to 85 Retained on No. 10 sieve 98 to 100 Retained on No. 20 sieve 99 to 100 The percent of wear as determined by Test Method Tex -410 -A shall not exceed 15 percent (Los Angeles Abrasion). The aggregate when tested using Test Method Tex -411 -A (magnesium sulphate soundness method, 5 cycle) shall have no greater loss than 30 percent. The aggregate shall be dark in color. Aggregate shall be sufficiently washed as to produce a clean, dustfree surface. The aggregate shall not contain more than 1.0 percent by weight of fine dust, clay -like particles and./or silt present when tested in accordance with Test Method Tex - 217 -F, Part II. 3025 Equipment (1) Mixing Plants Mixing plants that will not continually meet all the requirements of this specification shall be rejected. Mixing plants may be either the weigh belching type, the continuous mixing type or the drum mix type. Each type of plant shall be equipped with satisfactory conveyors, power units, aggregate handling equipment, aggregate screens and bins and shall consist of the essential pieces of equipment listed below: If the Engineer approves the use of an emulsion as a precoat material. he may also waive the requirement for a dryer or if it is demonstrated that a satisfactory coating can be obtained without drying or heating the aggregate. (a) Weigh Batching Type 1. Cold Aggregate Bin and Proportioning Device The cold aggregate bins or aggregate stockpiles shall be of sufficient number and size to supply the amount of aggregate required to keep the plant in continuous operation. The proportioning device shall be such as will provide a'uniform and continuous flow of aggregate in the desired proportion to the plant. Page 3 04117/86 302 3. Burner 302 04/17/86 Page 4 2. Dryer The dryer shall be of the type that continually agitates the aggregate during heating and in which the temperature can be so controlled that aggregate will not be injured in the necessary drying and heating operations required to obtain a mixture of the specified temperature. The burner or combination of burners and type of fuel used shall be such that in the process of heating the aggregate to the desired or specified temperatures, no residue from the fuel shall adhere to the heated aggregate. A recording thermometer shall be provided which will record the temperature of the aggregate when it leaves the dryer. The dryer shall be of sufficient size to keep the plant in continuous operation. The dryer will not be required for precoating natural limestone rock asphalt. 4. Screening and Proportioning The screen capacity and size of the bins shall be sufficient to screen and store the amount of aggregate required to properly operate the plant and keep the plant in continuous operation at full capacity. Proper provisions shall be made to enable inspection forces to have easy and safe access to the proper location on the mixing plant where acburate representative samples of aggregate may be taken from the bins for testing. 5. Weighing and Measuring Equipment The weighing and measuring equipment shall be of sufficient capacity and of adequate design for proper batching. The following equipment, conforming to the requirements of the SDHPT Standard Specifica- tion, Item No. 510 "Weighing and Measuring Equipment ", shall be furnished: a. Aggregate weigh box and batching scales. b. Bucket and scales for precoat material for flux oil. A pressure type flow meter may be used to measure the precoat material or flux oil for each batch. 6. Mixer The mixer shall be of the pug mill type and shall have a capacity of not less than 3000 pounds in a single batch. The number of blades and the position of same shall be such as to give a uniform and complete circulation of the batch in the mixer. The mixer shall be equipped with an approved spray bar that will distribute the precoat material or flux oil quickly and uniformly throughout the mixer. Any mixer that has a tendency to segregate the mineral aggregate or fails to secure a thorough and uniform mixing with the precoat material or flux oil shall not be used. All mixers shall be provided with an automatic time lock that will lock the discharge doors of the mixer for the required mixing period. The dump door or doors and the shaft seals of the mixer shall be tight enough to prevent the spilling of aggregate or mixture from the pug mill. (b) Continuous Mixing Type 1. Cold Aggregate Bin and Proportioning Device Same as far weigh batching type of plant. 2. Dryer Same as for weigh batching type of plant. 3. Screening and Proportioning Same as for weigh batching lype of plant. These requirements shall also apply to materials that are stockpiled and that are proposed for direct use by a continuous mixing plant without the use of plant bins. 4. Aggregate Proportioning Device The aggregate proportioning device shall be so designed that when properly operated, a uniform and continuous flow of aggregate into the mixer will be maintained. 5. Spray Bar for Precoat Material and Flux Oil The spray bar for the precoat material or flux oil shall be so designed that the material will spray uni- formly and continuously into the mixer. 1 1 1 1 1 1 1 1 1 1 1 1 6. Meter for Precoat Material or Flux 011 7. Mixer An accurate recording meter for precoat material or flux oil shall be placed in the line leading to the spray bar so that the accumulative amount of precoat material or flux oil being used can be accurately deter- mined. Provisions of a permanent nature shall be made for checking the accuracy of the meter output. The mixer shall be of the pug mill continuous type and shall have a capacity of not less than 40 tons of mixture per hour. Any mixer that has a tendency to segregate the aggregate or fails to secure a thorough and uniform mixing of the aggregate with the precoat material or flux oil shall not be used. 8. Drum Mix Plant Unless otherwise indicated or if natural limestone rock asphalt is to be used, the Contractor may elect to use the drum - mixing process. The plant shall be adequately designed and constructed for the process of mixing aggregates and precoat material in the dryer -drum without preheating the aggregates. The plant shall be equipped with satisfactory conveyors, power units, aggregate - handling equipment and feed controls and shall consist of the following essential pieces of equipment. 9. Cold Aggregate Bin and Feed System The number of compartments in the cold aggregate bin shall be equal to or greater than the number of stockpiles of individual materials to be used. The bin shall be of sufficient size to store the amount of aggregate required to keep the plant in continu- ous operation and of proper design to prevent overflow of material from one compartment to another. The feed system shall provide a uniform and continuous flow of aggregate in the desired proportion to the dryer. The system shall provide positive weight measurement of the combined cold aggregate feed by use of belt scales or other approved devices. Provisions of a permanent nature shall be made for checking the accuracy of the measuring device. When a belt scale is used, mixture production shall be maintained so that the scale normally operates between 50 percent and 100 percent of its rated capacity, Belt scale Operation below 50 percent of the rated capacity may be allowed by the Engineer if, at the selected rate, it can be satisfactorily demonstrated to the Engineer that mixture uniformity and quality have not been adversely affected. 10. Scalping Screen A scalping screen shall be required, unless otherwise indicated and shall be located ahead of any weighing device. 11. Precoat Material Measuring System An asphaltic material measuring device meeting the requirements of the SDHPT Item No. 510, "Weigh- ing and Measuring Equipment ", shall be placed in the line leading to the drum mixer so that the accumu- lative amount of precoat material used can be accurately determined. Provisions of a permanent nature shall be made for checking the accuracy of the measuring device output. The measuring device and line to the measuring device shall be protected with a jacket of hot oil or other approved means to maintain the temperature of the line and measuring device near the temperature specified for the precoat mate- rial. Unless otherwise indicated, the temperature of the precoat material entering the measuring device shall be maintained at 1 F of the temperature at which the measuring set was calibrated and set. 12. Synchronization Equipment for Feed - Control Systems The precoat material feed - control shall be coupled with the total aggregate weight measuring device in such a manner as to automatically vary the precoat material feed rate as required to maintain the re- quired proportion. 13. Drum Mix System The drum mix system shall be of the type that continually agitates the aggregate and precoat mixture during heating and in which the temperature can be so controlled That aggregate and asphalt will not be damaged in the necessary drying and heating operations required to obtain a mixture al the specified temperature. A continuously - recording thermometer shall be provided which will indicate the tempera- ture of the mixture as it leaves the drum mixer. Page 5 04/17/86 302 14. Surge- Storage System A surge- storage system will be required. It shall be adequate to minimize the production interruptions during the normal day's operations and shall be constructed to minimize segregation. A device such as a gob hopper or other similar devices approved by the Engineer to prevent segregation in the surge-stor- age bin will be required. 15. Heating Equipment for Precoat Material and Flux Oil Heating equipment for precoat material and flux oil shall be adequate to heat the amount of material required to the desired temperature. The material may be heated by steam coils which shall be abso- lutely tight. Direct fire heating will be permitted, provided the heater used is manufactured by a reputable concern and there is positive circulation of the liquid throughout the heater. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24- hour chart that will record the temperature of the precoat material of flux oil where it is at the highest temperature. 302.6 Storage, Proportioning and Mixing (1) Aggregate Storage (3) Water in an amount not to exceed 3 percent by weight of the mixture may be used in preparing the mixture. The water shall be added as directed by the Engineer during the mixing. In the event water is used in the mixing operation, adequate measuring devices shall be used and the water shall be admin- istered to the mix through an approved spray bar. If the mineral aggregates are stored or stockpiled, they shall be handled in such a manner as to prevent segregation, the mixing of the various materials or sizes and the contamination with foreign materials. The grading of aggregates proposed for use and as supplied to the mixing plant shall be uniform. The use of limestone rock asphalt aggregate containing moisture in excess of the saturated surface -dry condition will not be permitted. Excess moisture will be evidenced by visual surface moisture on the aggregate or any unusual quantities of fines clinging to the aggregate. (2) Storage and Heating of Precoating Material or Fluxing Material The precoating or fluxing material storage shall be ample to meet the requirements of the plant. The materials shall nct be heated to a temperature in excess of 250 F. All equipment used in the storage and handling of precoat mate- rial or flux oil shall be kept in a clean condition at all times and shall be operated in such manner that there will be no contamination with foreign matter. Feeding and Drying of Aggregate The feeding of various sizes of aggregate, other than natural limestone rock asphalt, to the dryer shall be done through the cold aggregate bin and proportioning device in such a manner that a uniform and constant flow of mate- rial in the required proportions will be maintained. The aggregate shall be heated to the temperature necessary to produce a mixture meeting the requirements of "Physical Properties of the Mixture ". (4) Proportioning The proportioning of the various materials entering into the mixture shall be as directed by the Engineer and in accordance with these specifications. Aggregate shall be proportioned by weight using the weigh box and batching scales herein specified when the weigh -batch type of plant is used and by volume using the aggregate proportioning device when the continuous mixer type of plant is used. The precoat material or flux oil shall be proportioned by weight or by volume based on weight using the specified equipment. (5) Mixing (a) Batch Type Mixer In the charging of the weigh box and the charging of the mixer from the weigh box, such methods or devices shall be used as are necessary to secure a uniform mixture. In introducing the batch into the mixer, the mineral aggregate shall be introduced first; shall be mixed thoroughly, as directed, to uniformly distribute the various sizes throughout the batch before the precoat material or Ilux oil is added; the precoat material or flux oil shall then be added and the mixing continued until such time that the aggregate is properly coated. This mixing period may be varied, if in the opinion of the Engineer, the mixture is not uniform. 302 - 04/17/86 Page 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .. 1 1 1 1 1 1 ID 1 1 (b) Continuous Type Mixer The amount of aggregate and precoat material or flux oil entering the mixer and the rate of travel through the mixer shall be so coordinated that a uniform mixture of the specified grading and percent by weight of precoat material or flux oil will be produced. 302.7 Physical Properties of the Mixture The materials shall be mixed of a central mixing plant and shipped ready for use. Mixes that do not remain workable a sufficient period of time or maintain flow qualities such that the precoated aggregate may be satisfactorily spread by normal approved mechanical spreading devices will not be acceptable. Materials that are not uniformly and /or properly coated or fluxed, in the opinion of the Engineer, will hot be accepted for use. Precoated aggregates shall be aggregates of the type specified, treated (coated or fluxed) with 0.5 to 2.0 percent by weight of precoat material or fluxing material meeting the requirements of this specification and the approval of the Engineer. The grade of aggregate specified shall meet all requirements of "Grades ", above, prior to the application of the precoat material for fluxing material. 302.8 Measurement and Payment Aggregates and precoated aggregates will be measured and paid for in accordance with the governing specifications for the items of construction in which these materials are used. End Page 7 04/17/86 302 306.1 Description This item shall consist of an application of asphaltic material on the completed base course andior other approved areas in accordance with these specifications as directed by the Engineer. 306.2 Materials (1) (3) Asphalt Materials Item No 306 Prime Coat The asphalt material for Prime Coat shall conform to the requirements of Cutback Asphalt, MC -30, Emulsion, MS -2, SS -1, Emulsion CSS -1 or AE -P, Item No. 301, "Asphalts, Oils and Emulsions ". (2) Water Water shall be furnished by the Contractor and shall be clean and free from industrial wastes and other objectionable matter. 306.4 Measurement Dispersal Agent Detergent shall be added to water and sprayed on surfaces to be primed in accordance with asphalt manufacturer's recommendations. 306.3 Construction Methods When, in the opinion of the Engineer, the base course or other surface is satisfactory to receive the prime coat, the surface shall be cleaned by sweeping or other approved methods as directed by the Engineer. The surface shall be lightly sprinkled with water just prior to application of the asphaltic material unless this requirement is waived by the Engineer. The Contractor shall submit a list of prime material(s) recommended to be applied on the work to the Engineer for approval. When emulsions are approved. a dispersal agent shall be added to the water before sprinkling. The asphaltic material shall be applied on the clean surface by an approved type of self - propelled pressure distributor operated so as to distribute the prime coat at a rate ranging from 0.1 to 0.3 gallons per square yard of surface area. The material shall be evenly and smoothly distributed. During the application of prime coat, care shall be taken to prevent splattering of adjacent pavement, curb and gutters or structures. The Contractor shall be responsible for cleaning splattered areas. Prime Coat shall not be applied when the air temperature is below 60 F and falling, but it may be applied when the air tempera- ture is above 50 F and rising: the air temperature being taken in the shade and away from artificial heat. Asphaltic material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitabie. The distributor shall have been recently calibrated and the Engineer shall be furnished an accurate and satisfactory record of such calibration. After beginning the work, should the yield on the asphaltic material applied appear in error, the distributor shall be calibrated in a manner satisfactory to the Engineer before proceeding with the work. The Contractor shall be responsible for the maintenance of the surface until the work is accepted by the Engineer. No traffic, hauling or placement of any subsequent courses shall be permitted over the freshly applied prime coat. All storage tanks, piping, retorts, booster tanks and distributors used in storing or handling asphaltic material shall be kept clean and in good operating condition at all times and they shall be operated in such a manner that there will be no contamination of the asphaltic material with foreign material. It shall be the responsibility of the Contractor to provide and maintain in good working order a recording thermometer at the storage heating unit at all times. The Engineer will approve the temperature of application based on the temperature - viscosity relationship that will permit applica- tion of the asphalt within the limits recommended in Item No 301, "Asphalts, Oils and Emulsions ". The recommended range for the viscosity of the asphalt is 100 to 125 centistokes. The Contractor shall apply the asphalt at a temperature within 15 F of the temperature specified in Item No. 301, "Asphalt, Oils and Emulsions ". Prime coat wit be considered subsidiary to Item No. 340, "Hot Mix Asphaltic Concrete Pavement" unless included as a separate pay item in the contract. When included for payment, it shall be measured at point of delivery on the project in gallons at the applied temperature. The quantity to be paid for shall be the number of gallons used in the accepted prime coat. Page 1 04'17 86 306 306.5 Payment The work performed and materials furnished as prescribed by this item, when included as a contract pay item. will be paid for at the unit price bid per gallon for' Coat ", which price shall be full compensation for cleaning the base course or other sur- face, for furnishing, heating, hauling and distributing the prime coat specified; for all freight involved and for all manipulations, labor; tools, equipment and incidentals necessary to complete the work. Payment, when included as a contract pay item, will be made under: End Pay Item No. 306: Prime Coat — Per Gallon. 306 04/17186 Page 2 307,1 Description 307.2 Materials (1) Asphalt Materials Temperature of Surface, F. 40 -70 Over 70 RS -2 MS -2 RS -2H MS -2H RC -250 MC -70 CRS -2 CMS -2 CRS-2H CMS -2H Percent Retained by Weight Sieve Size Natural Sand No. 8 0 No. 16 0 -40 No. 30 25 -65 No. 50 65 -85 No. 100 85 -98 No.200 98 -100 Item No. 307 Tack Coat This item shall consist of an application of asphaltic material on the completed base course after the prime coat has sufficiently cured, existing pavement, bituminous surface, bridge deck, slab or on a prepared surface as indicated and as directed by the Engineer. The asphalt material for "Tack Coat" shall meet the requirements for Cutback Asphalt or Emulsified Asphalt. Item No. 301, "Asphalts, Oils and Emulsions" as listed below. Cutback asphalt shall be made by combining 50 to 70 percent by volume of the asphaltic material as specified for the type of paving mixture with 30 to 50 percent by volume of gasoline and /or kerosene. The type of material shall be selected from the following table. (2) Water Water shall be furnished by the Contractor and shall be clean and free from industrial wastes and other objectionable matter. (3) Sand Sand may be Grade 1 conforming to Item No. 403, "Concrete Structures' or washed sand, largely siliceous, with the following gradation: There shall not be more than 50 percent of the aggregate retained between any 2 sieves listed above and not mare than 25 percent of the aggregate retained between No. 50 and No. 100 sieve 307.3 Construction Methods Tack coat shall not be applied when the air temperature is below 60 F and falling, but it may be applied when the air temperature is above 50 F and rising, the air temperature being taken in the shade and away from artificial heat. Asphaltic material shall not be placed when general weather conditions, in the opinion of the Engineer, are not suitable. Before the tack coat is applied, the surface shall be cleaned thoroughly to the satisfaction of the Engineer. The asphaltic material shall be applied on the clean surface by an approved type of self - propelled pressure distributor, so operated as to distribute the tack coat at a rate not to exceed 0.10 gallon per square yard of surface, evenly and smoothly under a pressure for proper distri- bution. Where the pavement mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. AU contact surfaces of curbs and structures and all joints shall be cleaned thoroughly and painted with a thin uniform coat of the asphaltic material used for tack coat. The tack coat shall be rolled with a pneumatic tire roller to distribute the asphaltic material uniformly over the tacked area. During the application of tack coat, care shall be taken to prevent .splattering of adjacent pavement, curb and gutters or structures- The Contractor shall clean splattered areas. The distributor shall have been recently calibrated and the Engineer shall be furnished an accurate and satisfactory record of such calibration. After beginning of the work, should the yield on the asphaltic material applied appear in error. the distributor shall be calibrated in a manner satisfactory to the Engineer before proceeding with the work. Page 1 04 17 86 307 .The Contractor shall be responsible for the maintenance of the surface until the HMAC is placed over the tack coat or the work is accepted by the Engineer. No traffic, hauling or placement of any subsequent courses shall be permitted over the freshly applied prime coat unless it is blotted by the application of sand as directed by the Engineer. All storage tanks, piping. retorts, booster tanks and distributors used in storing or handling asphaltic material shall be kept clean and in operating condition at all times and they shall be operated in such a manner that there will be no contamination of the asphaltic material with foreign material. It shall be the responsibility of the Contractor to provide and maintain in good working order a recording thermometer at the storage heating unit at all times. The Engineer will select the temperature of application based on the temperature - viscosity relationship that will permit applica- tion of the asphalt within the limits recommended in Item No. 301, "Asphalts, Oils and Emulsions ". The recommended range for the viscosity of the asphalt is 100 to 125 centistokes. The Contractor shall apply the asphalt at a temperature within 15 F of 160 F. 307.4 Measurement The asphaltic material for "Tack Coat" will be considered subsidiary to Item 340, "Hot Mix Asphaltic Concrete Pavement" unless included as a separate pay item in the contract. When included for payment, "Tack Coat" shall be measured at point of delivery on the project in gallons at the applied temperature. The quantity to be paid for shall be the number of gallons used. 307.5 Payment The work performed and materials furnished as prescribed by this item, when included as a contract pay item, will be paid for at the unit price bid per gallon for "Tack Coat ", which price shall be full compensation for cleaning the area to receive the "Tack Coat"; for furnishing, heating, hauling and distributing the tack coat specified; for all freight involved and for all manipulations, labor. tools, equipment and incidentals necessary to complete the work. Payment, when included as a contract pay item, will be made under: Pay Item No. 307: Tack Coat — Per Gallon. End 307 04'17'86 Page 2 312.1 Description This item shall consist of a surface treatment composed of a single application of asphalt or latex- asphalt covered with aggregate for the sealing of existing pavements in accordance with these specifications. 312.2 Materials (1 ) ( (3) (4) 312.3 Equipment Asphaltic Materials Asphaltic material shall conform to Item No. 301, "Asphalts, Oils and Emulsions" as follows: (a) Patching 1. HMAC Class D conforming to Item No. 340, "Hot Mix Asphaltic Concrete ". (b) Sealing Latex Additive 1. Cool Weather (65 -80 degrees) HFRS -2. 2. Warm Weather (over 81 degrees) RS -2. Aggregate Aggregate material shall conform to Item No. 302, "Aggregate for Surface Treatments ", Grade 5T. Aggregate (Stockpiled) The latex is to be an anionic emulsion of butadiene- styrene low- temperature copolymer in water. stabilized acid soap so as to have good storage stability and possessing the following properties: Monomer ratio, B/S Minimum solids content Solids content per gal Co 67% Coagulum on 80 -mesh screen Type Antioxidant Mooney Viscosity of Polymer (MIL 4 (i+ 212 pH of Latex Surface tension Brookfield Viscosity of Latex 70.30 67% 5.3 Ibs 0.1% max staining F) 100 min 9.4 — 10.5 28 -42 dynes /cm' 1200 ps max GL 67% solids Item No. 312 Seal Coat Aggregate may be stockpiled only on permission of the Engineer in locations designated for stockpiling. The Con- tractor shall be responsible for all remedial pollution control measures during the clean up of the stockpiling_ th fatty- Equipment to be used will consist of the following: asphalt storage and heaters, distributors, aggregate spreaders, blade equipped tractor and drag broom, pneumatic rollers, water truck with pump and rotary broom. All storage tanks, piping, retorts, booster tanks and distributors used in storing or handling asphaltic material shall be kept clean and in good operating condition at all times and they shall be operated in such manner that there will be no contamination of the asphalt with foreign material. It shall be the responsibility of the Contractor to provide and maintain in good working order a thermometer at the storage heating unit at all times. The distributor shall have pneumatic tires of such width and number that the load produced on the street surface shall not exceed 650 pounds per inch of tire width and shall be so designed, equipped, maintained and operated that asphaltic material at even heat may be applied uniformly on variable widths of surface at readily determined and controlled rates of from 0.0510 0.2 gallons per square yard, with a pressure range of from 25 to 75 pounds per square inch and with an allowable variation from any speci- fied rate not to exceed 5 percent, Distributor equipment shall include tachometer, pressure gauges, volume measuring devices and a thermometer for reading temperatures of tank contents. The aggregate spreading equipment shall be adjusted and capable of spreading aggregate at controlled amounts per square yard in a continuous manner. The drag broom shall be light weight street type, mounted on a frame, designed to spread aggregate uniformly over the surface of a bituminous pavement and equipped with pull plates for towing. Towing equipment shall be pneumatic tired. Page 1 04 17 86 312 _ Rollers shall conform to Item No. 232, "Rolling (Pneumatic Tire) ", Light Pneumatic Tire Roller. • Rotary brooms shall be suitable for cleaning the surfaces of bituminous pavements. Vacuum sweepers shall be suitable for removing any loose aggregate without disturbing the compacted seal coat. 312.4 Construction Methods Prior to commencing this work, all erosion control, environmental protection measures and ail traffic control devices shall be in place. Seal coats shall not be applied when air temperature is below 60 F and falling or when the surface on which the seal coat is to be placed is below 60 F. Seal Coats may be applied when air temperature is above 50 F and rising, the temperature being taken in the shade and away from artificial heat. Asphaltic material shall riot be placed when general weather conditions are not suitable for a satisfactory seal coat or when the environment could be damaged. (1) Cracks and Holes Cracks and holes will be patched by the Contractor prior to seal coat operations. Material used to do this patch will be hot mix, hot lay asphaltic concrete or other asphaltic materials as approved by the Engineer. (2) Cleaning Existing Surfaces Prior to placing the seal coat, loose dirt and other objectionable material shall be removed from the existing surface. The surface will be cleaned with a rotary broom. Hand brooms will be used in areas not accessible to rotary brooms. The Engineer must approve all streets before application of any asphalt. (3) Mixing Asphalt When the air temperature is 80 F or higher. latex shall be added to the asphalt at the rate of 11/2 to 2 percent by weight (solid bases). The actual rate shall be approved by the Engineer. The asphalt shall be heated to 150 F before adding the latex. The mixture shall be thoroughly mixed before application. The finished latex - asphalt shall meet the following requirements. 312 04'17/86 Page 2 Viscosity at 140 F, stokes 1500 maximum Ductility at 39.2 F, 1 cm per min, cm 100 minimum (4) Application of Asphaltic Material Immediately following the preparation of the existing surface by cleaning, the asphaltic material shall be applied at the rate of 0.25 to 0.30 gallon per square yard as determined by the Engineer. so that uniform distribution is obtained at all points- Skip streaks on the pavement, due to defective distributor nozzles, will be reshot with a distributor at the expense of the Contractor. The Contractor shall calibrate the spray bar nozzles by spreading building paper as required on the surface for a sufficient distance back from the end of each application so that flow through sprays may be started and stopped on the paper and so that all sprays will operate properly over the entire length being treated. Building paper so used shall be immediately removed and loaded on a truck. At the end of each day, the paper shall be disposed of at a permitted site approved by the Engineer. Application temperatures will be determined by weather conditions but shall be between 150 -160 F as determined by the Engineer. When a street to be sealed is continuous through several intersections, sealed area will include all spandrels and stub -outs, unless otherwise directed by the Engineer. Spandrels will be hand sprayed. Contractor shall not apply excessive amounts of Asphaltic Materials when hand spraying. Excessive materials applied shall be removed by the Contractor before spreading the aggregate. The Contractor shall be required to seal all spandrels at the same time the adjacent streets are sealed, unless other- wise approved in writing by the Engineer. During all applications, the surface of adjacent structures shall be protected in such a manner as to prevent their being splattered or marred. Building paper shall be spread on all manholes, valve boxes, junction boxes, etc. to protect the surface from asphaltic materials. The asphaltic material shall not be applied until the cover aggregate is available and ready to spread with assurance of continuous operation. No asphaltic material shall be placed which cannot be covered and rolled during daylight hours. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (5) Spreading the Aggregate ( 312.7 Measurement The covering material in the quantity specified shall be spread uniformly over the bituminous material as soon after application as possible. The aggregate shall be spread in the same width 01 application as for the asphaltic material and spread uniformly with the aggregate spreading equipment. Trucks spreading aggregate shall be operated backward so that bituminous material will be covered before truck wheels pass over it The aggregate shall not be applied in such thickness to cause blanketing or stacking. Any blan- keting or stacking shall be removed prior to rolling. Backspotting or sprinkling cover aggregate shall be done by hand spreading, which will be continued during the operations whenever necessary, as directed by the Engineer. The Contractor shall employ a mechanical aggregate spreader which applies the aggregate uniformly over the sur- face at the rate of 15 to 20 pounds per square yard. The actual rate shall be as directed by the Engineer. (6) Brooming and Rolling Rolling shall be started as soon as sufficient aggregate is spread to prevent pick -up and continued until no more aggregate can be worked into the surface. The surface shall be blanket rolled. The Contractor shall arrange his work so that all rolling of all cover aggregate applied that day is accomplished with a minimum of four complete coverages with pneumatic rollers prior to sundown. In lieu of the rolling equipment specified, the Contractor may, upon written permission from the Engineer, operate other compacting equipment that will produce equivalent relative compaction in the same period of time as the . specified equipment. Rollers shall be maintained in good repair and operating condition and shall be approved by the Engineer. The pony blading or drag brooming should start as soon as possible after the rolling has started and the surface has set sufficiently to prevent excessive marking of the seal surface. Further pony blading or drag brooming should be done as often as necessary to keep cover aggregate uniformly distributed over the street surface. At no time shall there be less than 2 pneumatic tire rollers on the job. The use of the pony blade or drag broom in connection with the rolling will be left to the opinion of the Engineer as to which gives the desired results. The Contractor will be responsible for maintaining all streets for 48 hours after each street has been seal coated. Maintenance will consist of brooming, rolling and adding more aggregate as directed by the Engineer. Asphaltic Material Contractor's Responsibility The Contractor shall furnish vendor's certified test report for asphaltic material shipped for ih.a project. The report shall be delivered to the Engineer before permission is granted tor use of the material. Any change of source shall be reported prior to delivery. 312.5 Traffic Control Facilities The Contractor shall arrange the seal coat operation in such a manner as to avoid excessive inconvenience to the public in the seal coat area. The Contractor shall notify at abutting property owners along the street prior to seal coat operation. The Contractor shall have on the project site sufficient barricades, flag - persons and traffic control devices to assure a minimum of inconvenience to traffic around the construction area and to conform to the General Conditions. If such arrangements are not made by the Contractor to the satisfaction of the Engineer, the seal coat operation shall not be allowed to commence. Atter the seal has been applied, the Contractor shall post slow signs along these streets and maintain such signs for 24 hours. 312.6 Final Cleanup The Contractor shall vacuum sweep the completed seal coat to remove loose aggregate as required for the first week after the traffic is allowed on the street. All accepted Seal Coat will be measured by one of the following methods: A. "Asphaltic material" will be measured in gallons at the applied temperature at the point of application on the street. B. - Aggregate" will be measured by the cubic yard in vehicles as applied on the street. Page 3 04 +17,86 312 C. "Aggregate (Stockpiled) ", it required to be furnished, wilt be measured by the cubic yard of material in vehicles at the point of stockpiling. D. "Seal Coat" will be measured by the square yard of surface treated. 312.8 - Payment The work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for at the unit prices stipulated in the bid for "Seal Coat, Asphaltic Material ", "Seal Coat, Aggregate ". "Seal Coat, Aggregate (Stockpiled)" or "Seal Coat, Complete in Place" which price shall each be full compensation for furnishing, delivering and plac- ing all materials; for patching, for brooming, compacting and rolling; for cleaning the existing surface; for covering excess as- phaltic material; for removal of excess aggregate and cleaning gutters; for cleaning stockpiles sites; for a 48 hour maintenance and for at labor, equipment, tools and incidentals necessary to complete the work required as indicated. Payment will be made under one of the following: Pay Item No. 312 -A: Seal Coat, Asphaltic Material — Per Gallon. Pay Item No. 312 -B: Seal Coat, Aggregate — Per Cubic Yard. Pay Item No. 312 -C: Seal Coat, Aggregate (Stockpiled) — Per Cubic Yard. Pay Item No. 312 -D: Seal Coat, Complete in Place — Per Square Yard. End 312 04117;86 Page 4 1 1 1 1 1 1 1 1 1 C1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 315.1 Description Item No. 315 Milling Asphaltic Concrete Pavement This item shall consist of scarifying and /or planing the existing asphaltic concrete pavement to depths indicated, including re- moving and disposing or stockpiling the scarified materials at the locations designated by the Engineer. 315.2 Equipment The equipment for removing the pavement surface shall be a power operated planing machine or grinder capable of removing in one pass, asphaltic concrete pavement of a thickness of 1 inch and any required thickness less than 1 inch, in a minimum 3 foot width, Machines capable of removing, in one pass, a depth greater than 1 inch will be permitted. The equipment shall be self propelled with sufficient power, traction and stability to maintain accurate depth of cut. The machine shall be equipped with an integral loading and reclaiming means to immediately remove material being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. Adequate backup equipment (mechanical street sweepers, loaders, water truck, etc.) and personnel will also be provided to keep flying dust to a minimum and to insure that all cuttings are removed from the street surface daily. Stockpiling of planed material will not be permitted on the project site. The machine shall be equipped with means to control dust created by the cutting action and shall have a system providing for uniformly varying the depth of cut while the machine is in motion, thereby making it possible to cut flush to all inlets, manholes. valves or other obstructions within the area to be milled. Any machine that is incapable, in the opinion of the Engineer, of meeting these requirements will not be permitted to be used_ Various machines may be permitted to make trial runs to demonstrate the capabilities of that machine and to determine the acceptability of that machine to the Engineer. 315.3 Construction Methods The pavement surface shall be removed to a depth of 1 inch below the lip gutter transitioning to the existing surface in 3 feet or as indicated for resurfacing operations. When milling is used for leveling without the addition of asphalt, the milled surface shall be free of ridges deeper than 3 /s inch. The loose material resulting from the operation shall be disposed of at the Townview Yard (630 Harold Court) or other areas designated by the Engineer in writing. Unless otherwise specified, the material shall remain the property of the City of Austin. Temporary pavement markings shall conform to Item No. 864, "Abbreviated Pavement Markings ". 315.4 Measurement Work prescribed by this item will be measured by the square yard of surface area based on the neat dimensions indicated or by the linear feet of the specified width. Measurement will be made only one time regardless of the number of passes required to be made by the machine in order to secure the depth desired. 315.5 Payment The work performed as prescribed by this item, measured as provided under "Measurement" will be paid for at the unit price bid per square yard or per linear foot for "Milling Asphaltic Concrete Paving" which price shall be full compensation for minimizing the dust escaping to the atmosphere, removing all materials to the depth shown, loading, hauling, unloading and satisfactorily storing or disposing of the material and for all labor, tools, equipment, manipulation, temporary pavement markings and inciden- tals to complete the work. No payment will be made -for work done by any machine on a trial run to demonstrate its ability to meet this specification unless the work performed is acceptable under this specification. Payment will be made under one of the following: Pay Item No. 315 - Milling Asphaltic Concrete Pavement — Per Square Yard. Pay Item No. 315 - Inch Milling Asphaltic Concrete Pavement — Per Linear Foot. End Page 1 04 17 86 315 1 1 1 1 1 i 1 1 1 1� 340.1 Description This item shall consist of a base course, a leveling -up course, a surface course or a combination of these courses as indicated, each to be composed of a compacted mixture of mineral aggregate and asphaltic material. The pavement shall be constructed on the previously completed and approved subgrade, base, existing pavement, bituminous surface or in the case of a bridge, on the prepared slab as herein specified and in accordance with the details indicated. 340.2 Materials (1) General The Contractor shall furnish materials to the project meeting the following requirements and such that the final mix - lure, prior to being placed, shall be as specified herein. The Contractor shall be solely responsible for the control of his materials. (2) Mineral Aggregate (a) Coarse Aggregate Item No. 340 Hot'Mix Asphaltic Concrete Pavement The mineral aggregate shall be composed of course aggregate, fine aggregate and if required, mineral filler. Samples of all material shall be submitted for testing as directed by the Engineer and approval of both material and of the source of supply must be obtained from the Engineer prior to delivery. Combined mineral aggregate, prior to addition of asphalt and mineral filler, shall have a sand equivalent value of not less than 45, when tested in accordance with SDHPT Test Method Tex - 203 -F. Mineral aggregate from each source will meet the quality tests specified herein. Coarse aggregate shall be that part of the aggregate retained on the No. 10 sieve and shall consist of clean, tough, durable fragments of crushed stone or crushed gravel as hereinafter specified of uniform quality throughout. When the coarse aggregate is tested in accordance with SDHPT Test Method Tex -217 -F (Part I, Separation of Deleterious Material), the amount of organic matter, clay, loam or particles coated therewith or other undesir- able materials shall not exceed 2 percent and when the remaining part of the sample is further tested in accor- dance with SDHPT Test Method Tex -217 -F (Part II, Decantation), the amount of material removed shall not be more than 2 percent. The coarse aggregate (each coarse aggregate when a combination of materials is used) shall have an abra- sion of not more than 40 percent loss by weight when subjected to the Los Angeles Abrasion Test, SDHPT Test Method Tex - 410 -A. Stone or gravel shall be so crushed that 90 percent of the particles retained on the No. 4 sieve shall have more than 1 crushed face when tested in accordance with SDHPT Test Method Tex -413 -A (Particle Count). (b) Fine Aggregate The fine aggregate shall be that part of the aggregate passing the No. 10 sieve and shall consist of sand, screenings or combination thereof as hereinafter specified of uniform quality throughout. Fine aggregate shall consist of durable particles, free from injurious foreign matter. Screenings shall be of the same or similar material as specified for coarse aggregate. The plasticity index of that part of the fine ag- gregate passing the No. 40 sieve shall be not more than 6 when calculated in accordance with SDHPT Test Method Tex - 106 -E. Fine aggregate from each source shall meet plasticity requirements. When stone screenings are used, they shall meet the following grading requirements: Percent by Weight Passing the '/e inch sieve 100 Passing the No. 200 sieve 5 -25 Fine aggregate contained in coarse aggregate stockpiles shall also be shown to meet the above requirements when the stockpile contains more than 5.0 percent by weight of aggregate passing the No. 10 sieve. Page 1 04/17/86 340 (3) ( (c) Mineral Filler 340 04/17/86 Page 2 Mineral filler shall consist of thoroughly dry stone dust, slate dust, Portland Cement, fly ash, lime or other mineral dust approved by the Engineer. The mineral filler shall be free from foreign and other injurious matter. Fines collected by a baghouse or other air cleaning or dust collecting equipment may be permitted to fulfill a mineral filler addition requirement in amounts up to 2 percent. The addition of these lines may be permitted by the Engineer in any case in an amount that can be maintained throughout production and uniform mixtures result. When these fines are permitted in the asphaltic mixture, they shall be introduced in the same manner prescribed for other mineral fillers, When tested by•SDHPT Test Method Tex -200 -F (Dry Sieve Analysis), it shall meet the following grading requirements: Asphaltic Material Percent by Weight Passing a No. 30 Sieve 95 -100 Passing a No. 80 Sieve, not less than 75 Passing a No. 200 Sieve, not less than 55 (a) Paving Mixture Asphalt for the paving mixture shall conform to Item No. 301, "Asphalts, Oils and Emulsions ", AC -10. The Contractor shall employ a job mix formula wnich has previously been approved by the City for the materials peculiar to the plant selected. The source of the paving mix shall not be changed during the course of the project, without the approval of the Engineer. (b) Prime Coat or Tack Coat Either a prime coat or tack coat of asphaltic material will be as indicated. These materials shall conform to Item No. 301, "Asphalts, Oils and Emulsions ", MC -30, SS -1, CSS -1, CSS -1h or AE -P. (4) Temporary Pavement Markings Temporary pavement markings shall conform to Item No. 864, "Abbreviated Pavement Markings ". 340.3 Paving Mixtures (1) Mix Design The Job Mix Formula shall be designed by the Contractor in accordance with SDHPT Bulletin C -14 and SDHPT Test Method Tex -204 -F and tested in accordance with SDHPT Test Methods Tex - 207 -F, Tex -208 -F and Tex -227 -F to sup- plement SDHPT Test Methods Tex -201 -F and Tex - 202 -F, with the exception that the laboratory density be deter- mined as a percentage of the mixture maximum theoretical density. The maximum theoretical specific gravity shall be determined in accordance with SDHPT Tex -227 -F on trial samples of the mixture near optimum asphalt content and conform with the requirements herein. The Contractor shall submit the Job Mix Formula for review by the City for each source of supply and type of mixtures specified. The bulk specific gravity will be determined for each aggregate to be used in the design mixture. The mixture shall be designed to produce a mixture within the density and stability requirements shown below. All work specified in this section shall be in accordance with the applicable portions of Section 00344 "Testing Laboratory Services" and shall conform to SDHPT procedures. Types The paving mixtures shall consist of a uniform mixture of coarse aggregate, fine aggregate, asphaltic material and mineral filler, if required. When properly proportioned, the mineral aggregate shall produce a gradation which will conform to the limitations for master grading given below for the type specified. The gradation will be determined in accordance with SDHPT Test Method Tex -200 -F (Dry Sieve Analysis) and shall be based on aggregate only. The amount of asphaltic material shall conform to the limitations shown for the paving type specified. Type B (Fine Graded Base or Leveling -Up Course) Passing 1 inch sieve Passing 7/8 inch sieve Passing 7/8 inch sieve, retained on 3/8 inch sieve Passing 3/8 inch sieve, retained on No. 4 sieve Passing No. 4 sieve, retained on No. 10 sieve Percent Aggregate by Weight 100 95 10 100 20 to 50 10 to 40 5 to 25 1 1 1 • Type B (Fine Graded Base or Percent Aggregate Leveling - Course) by Total retained on No. 10 sieve Passing No 10 sieve, retained on No. 40 sieve Passing No, 40 sieve, retained on No. 80 sieve Passing No. 80 sieve, retained on No. 200 sieve Passing No. 200 sieve 55 to 70 5 to 25 5 to 25 5 to 20 2 to 8 The asphaltic material shall form from 3.5 to 7 percent of the mixture by weight Type C (Coarse Graded Surface Course) Percent Aggregate by Weight Passing 7/8 inch sieve Passing 5/8 inch sieve Passing 5/8 inch sieve, retained on 3/8 inch sieve Passing 3/8 inch sieve, retained on No. 4 sieve Passing No. 4 sieve, retained on No. 10 sieve Total retained on No. 10 sieve Passing No. 10 sieve, retained on No. 40 sieve Passing No. 40 sieve, retained on No. 80 sieve Passing No. 80 sieve, retained on No. 200 sieve Passing No. 200 sieve 100 95 to 100 15 to 40 10 to 35 10 to 30 50 to 70 5 to 25 5 to 25 5 to 20 2 to 10 The asphaltic material shall form from 3.5 to 7 percent of the mixture by weight. Type D (Fine Graded Surface Course) Percent Aggregate by Weight Passing 1/2 inch sieve Passing 3/8 inch sieve Passing 3/8 inch sieve. retained on No. 4 sieve Passing No. 4 sieve, retained on No. 10 sieve Total retained on No. 10 sieve Passing No. 10 sieve, retained on No. 40 sieve Passing No. 40 sieve, retained on No. 80 sieve Passing No. 80 sieve, retained on No. 200 sieve Passing No. 200 sieve 100 95 to 100 20 to 50 10 to 30 50 to 70 5 to 25 5 to 25 5 to 20 2 to 8 The asphaltic material shall form from 4.7 to 7 percent of the mixture by weight. Type F (Fine Graded Surface Course) Percent Aggregate by Weight Passing 3/8 inch sieve 100 Passing No. 4 sieve 95 to 100 Passing No. 4 sieve, retained on No. 10 sieve 58 to 73 Passing No. 10 sieve, retained on No. 40 sieve 6 to 26 Passing No. 40 sieve, retained on No. 80 sieve 3 to 13 Passing No. 80 sieve, retained on No. 200 sieve 2 to 11 Passing No. 200 sieve 2 to 8 The asphaltic material shall form from 4.7 to 7 percent of the mixture by weight. (3) Tolerances The aggregate and asphalt portions of the paving mixture produced shall not vary from the Job Mix Formula by more than the tolerances which follow, but in any case the allowed tolerance is also restricted to conform to the master grading ranges. The method of test for determining the aggregate gradation and asphatt content of the mixture shall be Test Method Tex -210 -F or other methods of proven accuracy. Passing 7 /. inch sieve, retained on 3 / inch sieve Passing % inch sieve, retained on 3/4 inch sieve Passing 3/4 inch sieve, retained on No 4 sieve Passing No. 4 sieve, retained on No. 10 sieve Total retained on No. 10 sieve Percent by Weight Plus or minus 5 Plus or minus 5 Plus or minus 5 Plus or minus 5 Plus or minus 5 Page 3 04/17/86 340 (4) Sampling and Testing The City will perform random tests to determine if the materials and the construction procedures produce a product which meets the specifications. The primary sampling point, by the City will be at the project site at the paving ma- chine ahead of all rollers. Other testing may be at the job site, plant or in the trucks as determined by the Engineer. The Engineer will determine the sampling schedules for random testing in accordance with SDHPT Test Method Tex- 225-F. Gradation and stability samples will be taken at the plant or on the project site. as determined by the Engineer. A minimum of 3 samples will be obtained for each project. Either 6 inch cores or sections of asphaltic pavement be taken at locations selected by the Engineer of completed asphaltic pavement lifts for approximately every 2,000 square yards or part thereof, of asphaltic concrete pavement placed to determine the field density. Ac- ceptability will be based on the mean of the job values. The initial sampling and testing of in place asphalt concrete will be at no cost to the Contractor, except for the cost of material and restoration of damage by testing. Resting expense will conform to Section 00344, "Testing Laboratory Services ". (5) Stability and Density The mixture shall be designed to produce an acceptable mixture at optimum density. The mixture molded in the laboratory in accordance with SDHPT Test Method Tex -206 -F and the bulk specific gravity of the laboratory com- pacted mixture determined in accordance with SDHPT Test Method Tex -207 -F should have the following percent of maximum theoretical density as measured by SDHPT Test Method Tex -227 -F and stability conforming to SDHPT Test Method Tex- 208-F: 340.4 Equipment (1) Mixing Plants Mixing plants that will not continuously produce a uniform mixture meeting all of the requirements of this specifica- tion will not be used. (2) Asphaltic Material Heating Equipment Asphaltic material heating equipment shall be adequate to heat the amount of asphaltic material required to the desired temperature without damage to the asphalt. Direct fire heating of asphaltic materials will be permitted, pro- - vided the heater used is manufactured by a reputable concern and there is positive circulation of the asphalt throughout the heater. Agitation with steam or air will not be permitted. The heating apparatus shall be equipped with a recording thermometer with a 24 hour chart that will record the temperature of the asphaltic material at the highest temperature. (3) Spreading and Finishing Machine The spreading and finishing machine shall be of a type that shall be capable of producing a high quality, smooth surface that will meet the requirements of the typical cross section, the surface test and not produce segregation. (4) Rollers The Contractor shall select rollers which can satisfactorily compact the asphaltic mixture conforming to the lines, grades and typical sections such that the asphaltic mixture will not stick to the rollers and the rollers shall not leave rolling marks, cracks or tears in the final surface. (5) Equipment Maintenance All equipment shall be maintained in good repair and operating condition. 340 04/17/86 Page 4 Passing No 10 sieve, retained on No. 40 sieve Passing No, 40 sieve, retained on No. 80 sieve Passing No. 80 sieve, retained on No. 200 sieve Passing No. 200 sieve Asphalt Material Percent by Weight Plus or minus 3 Plus or minus 3 Plus or minus 3 Plus or minus 3 Plus or minus 0.3 Density Percent Stability, Percent Minimum Maximum Optimum 95 99 97 Not less than 42 or more than 55 1 1 1 1 (6) Straightedges and Templates The Contractor shall provide two acceptable 10 foot straightedges for surface testing. Satisfactory templates shall be provided as required by the Engineer. 340.5 Stockpiling Aggregates Prior to stockpiling of aggregates, the area shall be cleaned of trash, weeds and grass and be relatively smooth. Aggregates shall be stockpiled in such a manner as to prevent mixing of one aggregate with another. Coarse aggregates for Type B and Type C shall be separated into at least two stockpiles of different gradation, such as a large coarse aggregate and a small coarse aggre- gate stockpile and such that the grading requirements of the specified type will be met when the piles are combined in the asphaltic mixture. Suitable equipment of acceptable size shall be furnished by the Contractor to load out the stockpiles such that segregation of the aggregates does not occur. 340.6 Mixing (1) General (a) Asphaltic Mixture The asphaltic mixture from each type of mixer shall be a temperature between 240 F and 350 F when dis- charged from the mixer and shall be adjusted to provide the best compaction temperature for the weather conditions. The Contractor will determine the temperature, within the above limitations and the mixture when discharged from the mixer shall not vary from this selected temperature more than 25 F. (2) Batch Type Mixer In the charging of the weigh box and in the charging of the mixer from the weigh box, such methods or devices shall be used as are necessary to discharge the mixer in a manner which will prevent segregation. (3) Dryer -Drum Mixer The amount of aggregate and asphaltic materials entering the dryer -drum mixer and the rate of travel through the mixing unit shall be so coordinated that a uniform mixture of the specified grading and asphalt content will be produced without segregation. 340.7 Storing Mixture Temporary storing or holding of the asphaltic mixture in insulated surge or storage systems may be used, provided the mixture is not stored overnight or for more than 15 hours and the mixture does not segregate in or upon discharge trom the system. The mixture when discharged from the plant surge storage bin shall have a moisture content not greater than 1 percent by weight and must be of equal quality to that coming out of the mixer. The moisture content shall be determined in accordance with SDHPT Test Method Tex - 212 -F, Part II. 340.8 Construction Methods It shall be the responsibility of the Contractor to produce, transport, place and compact the specified paving mixture in accor- dance with these specifications and provide a sale environment to enable inspection forces to take samples and check the plant. Prior to placing HMAC, the base shall be proof rolled and any soft spots repaired and the area proof rolled again. The asphaltic mixture, when placed with a motor grader for leveling, shall not be placed when air temperature is below 50 F and falling. The air temperature shall be taken in the shade away from artificial heat. Mat thickness of 11/2 inches and less shall not be placed when the temperature of the surface on which the mat is to be placed is below 50 F. All asphaltic mixture, except that described above for leveling, shall be placed with a spreading and finishing machine. If, after being discharged from the mixer and prior to placing, the temperature of the asphaltic mixture is 50 F or more below the tempera- ture established, all or any part of the load may be rejected and payment will not be made for the rejected material. Any material placed which is too cool to compact properly shall be removed and replaced with material which meets the specifications. Adjacent to flush curbs, gutters, liners and structures, the surface shall be finished uniformly high so that when compacted it will be slightly above the edge of the curb and flush structure. The compacted thickness of the asphaltic concrete courses shall be as indicated. Where the thickness of the surface course is specified to be more than 2 inches, the work shall be accomplished in equal lifts, unless otherwise indicated. When the surface is to be constructed in stages and traffic is permitted on the initial layer, each layer shall be not less than 1 inch. The final lilt of HMAC shall not be placed adjacent to an existing cured rounded edge asphalt surface until the existing surface has been prepared. Page5 04/17/86 340 (1) Prime Coat If a prime coat is indicated, it shall be applied conforming to Item No. 306, "Prime Coat ", except the application temperature shall be as provided above. The asphaltic concrete shall not be applied on a previously primed flexible base until the primed base has cured to the satisfaction of the Engineer. - (2) Tack Coat If a tack coat is indicated, it shall be applied conforming to Item No. 307, "Tack Coat". Before the asphaltic mixture is placed, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satisfaction of the Engineer. The surface shall be given a uniform application of tack coal using asphaltic materials of this specification. This tack coat shall beapplied, as directed by the Engineer. Where the mixture will adhere to the surface of which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All contact surfaces of curbs and structures and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for lack coat. The tack coat shall be rolled with a light pneumatic tire roller when directed by the Engineer. (3) Compacting The mix shall be compressed thoroughly and uniformly compacted immediately after placing to the required density. All compaction rolling shall be complete before the mat cools below 175 F. Minor polishing rolling may be undertaken on the mat below the above temperature. All rollers must be in good mechanical condition. Necessary precautions shall be taken to prevent the dropping of gasoline, oil, grease or other foreign matter on the pavement, either when the rollers are in operation or when standing. It is the Intent of this specification that the material be placed and compacted to a minimum of 92.5 percent of the maximum theoretical density as determined t DHPT Tex- 227 -F. The Engineer will secure 6 inchicore samples or sections of completed asphaltic pavement is for approximately every 2,000 square yards or part thereof, of asphaltic concrete pavement placed. The in place density at the sampled locations shall be determined by the fol- lowing equation: Percent in place Density = G x 100 GT Where GA = Bulk specific gravity of core when tested in accordance with Tex -207 -F GT = Maximum theoretical specific gravity of combined cores when tested in accordance with Tex -227 -F The Contractor shall patch the surface where specimens are taken with no extra payment being made for this work. The Engineer will remove the asphaltic concrete pavement specimen on the day following placement or as soon as practicable thereafter. Other methods of determining in place density which correlate satisfactorily with those results obtained by cores or sections may be used. `;fie initial sampling and testing of in place asphalt concrete will be at no cost to the Contractor, except for the cost of material and restoration of damage by testing. Retesting expense will conform to Section 00344, "Testing Labora- tory Services ". (4) Surface Tests The surface of the pavement, after compaction, shall be smooth and true to the established line, grade and cross section, and when tested with a 10 foot straightedge placed parallel to the centerline of the roadway or tested by other equivalent and acceptable means, except as provided herein, the maximum deviation shall not exceed %a inch in 10 feet and any point in the surface not meeting this requirement shall be corrected. The completed surface shall meet the approval of the Engineer for riding surface, finish and appearance. (5) Opening to Traffic The pavement shall be opened to traffic as soon as possible after temporary pavement markings or permanent pavement markings are in place as indicated and the Engineer concurs to the opening. The Contractor's attention is directed to the fact that all construction traffic allowed on pavement open to the public will be subject to the City Ordinances and State Laws governing traffic on streets and highways. Surface raveling, cracking, segregation and other defects shall be corrected at the Contractor's expense as directed by the Engineer. Traffic control expense for undertaking the repairs will be at the Contractor's expense. 340 04/17/86 Page 6 1 1 1 1 1 1 1 1 • 1 1 1 340.9 Acceptance Plan (1) General The surface testing shall be completed prior to the use of pay adjustment factors for acceptance of gradation, as- phalt content, stability, in place density and pavement thickness. The pay adjustments will be based upon the results of tests performed on samples taken in a random manner. Pay adjustment for private development work shall con- form to Item No. 1804, "General Obligations and Responsibility of the Owner ". (a) Sampling The Engineer will determine the sampling schedules for random testing in accordance with SDHPT Test Method Tex- 225.F, Samples will be taken at the plant or on the project site, as determined by the Engineer. The Engineer may require that either cores or sections of asphaltic pavement be taken at locations selected by the Engineer. (b) Testing Determination of acceptability will be based on tests performed by the City or its laboratory. However, truck loads of the asphaltic mixture that are visually inspected by the Engineer and can reasonably be expected not to meet specification requirements, such as a mixture containing segregated material, low mixture tempera- ture, a deficiency or excess of asphalt, or otherwise unsuitable for placing on the roadway shall not be used. Any mixtures containing segregated areas, deficiency or excess of asphalt or otherwise unsuitable that is placed on the roadway shall be removed and replaced with satisfactory material at the Contractor's expense. Acceptability will be based on the mean of the job values from the City tests of the project materials. (2) Gradation and Asphalt Content The acceptability of mixture gradation and asphalt content will be based on the mean of a minimum of 3 tests taken by the City's laboratory. If the mean value of acceptance tests of the project, for a particular sieve or sieves or for asphalt content deviates from the project design by more than the tolerances shown and the Engineer determines that the material need not be removed and replaced, the project may be accepted at a reduced Contract Unit Price as follows: GRADATION ACCEPTANCE SCHEDULE SPECIFIED DEVIATION OF THE PERCENT CONTRACT UNIT SEIVE SIZE MEAN FROM THE DESIGN PRICE REDUCTION Passing V2 inch 0 — 5.0 0 5.1 + 5 Passing ' /s inch, 3 / inch 0 — 5.0 - 0 to #4, 5.1 — 7.0 2 #4 to #10, Total retained on #10 7.1 + 4 #10 to #40, #40 to #80, 0 — 5.0 0 5.1 + • - _ . 5 Passing #200 - 0 — 5.1 0 3.1 + 5 ASPHALT CONTENT ACCEPTANCE SCHEDULE PERCENT DEVIATION PERCENT CONTRACT UNIT FROM INTENDED PRICE REDUCTION ASPHALT CONTENT 0 -0.3 0 0.31 -0.4 10 0.41 -0.5 - 20 over 0.5 100 and the Engineer may require a seal coat or removal and replacement at Contractors expense. Page 7 04/17/86 340 (3) Stability A minimum of 3 tests wit be taken for stability and acceptance determinations. The Contractor shall produce a consistent mixture. 9 the project is to receive a pay factor of 1.00, the mean value of the considered stabilities shall not be less than 40 nor greater than 55, when tested in accordance with Test Method Tex - 208 -F. 9 the mean value falls outside this range a reduction will be made in accordance with the following table: HVEEM STABILITY ACCEPTANCE SCHEDULE PERCENT CONTRACT UNIT STABILITY VALUE PRICE REDUCTION 37 -40 10 40 -55 0 55 -60 10 60 and above 60 An asphalt mixture in place that has a stability below 37 will not be paid for by the City and will be removed and replaced at the Contractor's expense. The project may be accepted at no cost to the City if such request is made by the Contractor and approved by the Engineer. The replacement of the project will be subject to the same acceptance plan as original material. (4) In Place Density A minimum of 3 tests will be taken for in place density. The density of the mixture as determined in accordance with SDHPT Test Method Tex -207 -F and SDHPT Test Method Tex -227 -F will be used to determine compliance and will be measured and averaged. If the mean value of the considered densities is greater or less than 95 and the Engi- neer determines that the material need not be removed and replaced, the project may be accepted at a reduced unit price as follows: (5) Segregation Materials placed in which segregation is present shall be removed and replaced. (6) Straightedge and Template The Contractor shall produce a final pavement surface which meets the straightedge and template requirements. If techniques produce a pavement which doesn't meet the straightedge and template requirements, the surface will be overlaid with a 1 inch layer of HMAC unless the surface can be corrected by milling which will not reduce the thickness of the HMAC below the minimums indicated. No additional compensation will be made for any corrective work required of the Contractor. (7) Thickness The Contractor shall produce a pavement with the minimum thickness indicated. Should the mean of the core tests indicate a variance in thickness under the plan requirements, the Project shall be accepted at a reduced contract unit price as follows: 340 64/17/86 Page 8 IN PLACE DENSITY ACCEPTANCE SCHEDULE PERCENT OF DEVIATION PERCENT CONTRACT UNIT FROM 95 PRICE REDUCTION 0 -2.5 0 2.5 -3.0 5 More than 3.1 100 and the Engineer may require re- moval and replacement at Contrac- tor's expense. VARIANCE INCHES 0 —Y s /ca_ Ys 11 /64 - 3 /8' over 3 /B PERCENT CONTRACT UNIT PRICE TO BE PAID 100 95 75 overlay 1 inch I If the thickness of the asphaltic concrete proves to be less than required, the Contractor may replace or overlay the 1 deficient areas as agreed by the Engineer. Overlays will be a thickness not less than 11/2 inches. Overlays will require the milling of asphalt adjacent to concrete curb and gutters to maintain the transverse profile. 340.10 Measurement I Method A Asphaltic concrete pavement will be measured by the ton (2,000 pounds) of asphaltic concrete pavement of the type actu- ally used in the completed and accepted work in accordance with the plans and specifications for the project When the I dryer -drum process is used, measurement of the tonnage used shall be made on truck scales. Method B I Asphaltic concrete pavement will be measured by the square yard of the specified total thickness of the type actually used in the completed and accepted work in accordance with the plans and specifications. Multiple lifts will be considered as one for square yard measurement purposes, I 340.10 Payment The work performed and materials furnished as prescribed by this item and measured as provided under "Measurement" will be paid for at the unit prices bid or the pay adjusted unit price for "Asphaltic Concrete Pavement ", of the types and lifts specified, I which prices shall be full compensation tor furnishing all materials, freight involved; for all heating, mixing, hauling, cleaning the existing base course or pavement, saw cutting placing asphaltic concrete mixture, rolling and finishing, for all manipulations, labor, tools, equipment, temporary pavement markings and incidentals necessary to complete the work. Correcting defective work and the subsequent retesting shall be considered subsidiary to Item No. 340, "Hot Mix Asphaltic Concrete Pavement ". I The prime coat, when required, will not be measured or paid for directly but shall be considered subsidiary to Item No, 340, "Hot Mix Asphaltic Concrete Pavement ", unless included as a separate pay item in the contract. 1 The tack coat, when required, will not be measured or paid for directly but shall be considered subsidiary to Item No. 340, "Hot Mix Asphaltic Concrete Pavement ", unless included as a separate pay item in the contract. All templates, straightedges, scales and other weighing and measuring devices necessary for the proper construction, measur- III and checking of the work shall be furnished, operated and maintained by the Contractor at his expense. All saw cutting as shown on the plans or as directed by the Engineer will not be measured or paid for directly, but shall be considered subsidiary to Item No. 340, "Hot Mix Asphaltic Concrete Pavement ". I Payment for work meeting the specifications will be made under one of the following: Pay Item No. 340 -A: Hot Mix Asphaltic Concrete Pavement, Type — Per Ton Pay Item No. 340 -B• Inch Hot Mix Asphaltic Concrete Pavement, Type — Per Square Yard. 11) I1 11 Page 9 04/17/86 340 1 1 1 1 1 1 y y 341.1 Description This item shall consist of the furnishing and installation of a fabric undersea) in accordance with this specification and as indi- cated. This work shall consist of a single application of asphalt covered with 1 layer of the fabric with or without sand. 341.2 Material (1) Tack Coat Asphalt cement tack coat shall conform to Item No. 301, "Asphalts, Oils and Emulsions ", AC -10. (2) Sand Washed concrete sand shall be Aggregate Grade No. 1 and shall conform to Item No. 403, "Concrete for Structures." (3) , Paving Fabric Fabric shall be woven or nonwoven fabric constructed exclusively of man -made thermoplastic fibers. These fibers may be oriented in the fabric in either a random or an aligned orientation and the fibers may be either continuous or discontinuous throughout the fabric. The fabric itself shall be mildew resistant, rot proof and shall be designed for use with asphalt cements. (a) Physical Requirements The fabric supplied shall meet the following requirements when sampled and tested in accordance with the methods specified. TEST METHOD REQUIREMENT Original Physical Properties Minimum Maximum (1) Fabric weight, oz. /sq.yd. ASTM D 1910 3.8 9.0 paragraph 37 or 38 (2) "Apparent elongation" at "breaking load" ASTM D 1682, Grab Method G as modified 50 150 on warp -wise specimens, percent by paragraph f, Testing Requirements of this specification (3) "Apparent elongation" at "breaking load" on filling -wise specimens, percent (4) "Breaking load ", on warp -wise speci- mens, pounds ASTM D 1682, Grab Method G as modified by paragraph f, Testing Requirements of this specification. (5) "Breaking load ", on filling -wise speci- — — — 80 mens, pounds (6) Asphalt retention, oz. /sq. ft. Paragraph f, Testing Requirements of this specification. 45 Item No. 341 Paving Fabric 50 150 0.5 8.5 (7) Change in area caused by asphalt reten- Paragraph f, Testing Requirements of this -15 tion test and subsequent asphalt re- specification. moval. Reported as change in area of specimen measured after test as com- pared to area of specimen prior to test, percent (8) Physical properties of fabric samples shall conform to the minimum and maximum strength requirements as set forth above, with 10 percent tolerance allowed when tested in accordance with Asphalt Retention Test and Subsequent Asphalt Removal when 275 F is reached. (b) Packaging Requirements The fabric shall be packaged in standard width rolls of specified length. The fabric itself shall be uniformly Page 1 0417 86 341 wound onto suitable cylindrical forms or cores to aid in handling and unrolling. Each roll of fabric and the form or core upon which it is rolled shall be packaged individually in a suitable sheath, wrapper or container to help protect the fabric from damage due to ultraviolet light and moisture during normal storage and handling. Identification Requirements Each roll shall be labeled or tagged in such a manner that the information for sample identification and other quality control purposes can be read from the label without opening the roll packaging. Each roll shall be iden- tified by the manufacturer as to lot number or control numbers, date of manufacture, tare weight of core plus wrapper, width and length of fabric on the roll plus the gross weight of the entire package which is to include fabric, core, wrapping sheath or container tags, etc. (d) Sampling Requirements Each roll may be subject to a fabric weight determination on a per roll basis. In addition. individual test samples shall be cut from at least 1 rot selected at random from each 100 rolls or fraction thereof representing each shipment. Individual samples shall be no less than 1 foot in length by full roll width. (e) Basis for Rejection Should any individual roll fail to meet the fabric weight requirement when the entire roll is weighed then that roll is subject to rejection. Should any individual sample selected at random from 100 rolls (or fraction thereof) fail to meet any specification requirement, then that roll shall be rejected and 2 additional samples shall be taken. 1 from each of 2 other additional rolls selected at random from the same 100 roll lot (or fraction thereof). If either of these 2 additional samples fail to comply with any portion of the specification, then the entire quantity of rolls represented by that sample shall be rejected. (f) Testing Requirements Fabric weight determinations may be made upon complete rolls of fabric. In addition, the individual test samples selected in accordance with the sampling procedure outlined may be used for fabric weight deter- mination. If individual test samples are used for fabric weight determination, then all 19 of the 4 x 8 inch specimens required for testing of a roll shall be selected from the 1 foot by roll width test sample and the 19 individual test specimens shall be weighed and the average weight expressed in ounces per square yard and calculated and reported on that basis. The determination of the "breaking load" and the "apparent elongation" at "breaking load" shall be made in accordance with ASTM Designation: D 1682 entitled "Standard Methods of Test for Breaking and Elongation of Textile Fabrics" using Grab Method G with a constant rate of traverse so that the breaking load is reached in 20 seconds plus or minus 3 seconds. Modified jaws are to be used in which the 1 x 2 inch jaw faces are serrated with approximately 0.5 millimeter deep serrations in a horizontal direction when the jaws are pulled vertically. The continuous teeth or serrations are to be pointed slightly upward on the jaw faces as the jaws are positioned in the testing machine. Original Physical Property test specimens as placed in the testing machine shall be rectangular and measure 4 x 8 inches. When placed in the 1 x 2 inch modified jaws, the fabric shall extend Yz inch on either side of the 1 inch wide by 2 inch high jaws. Five individual specimens shall be chosen for determination of original physical properties, tensile and elonga- tion testing in the warp -wise direction and 8 individual specimens shall be chosen for testing in the filling wise direction. It is important that these specimens be chosen at random from each individual test sample of at least 1 foot in length by full roll width selected at random in accordance with the prescribed sampling procedure. The average test value obtained on the 5 specimens and the average test value for the 8 specimens tested shall be reported as the final test values for those tests in the warp and fill directions, respectively. Additional individual specimens shall be selected for those tests involving hot asphalt. Asphalt retention and potential change of area of the fabric shall be determined as follows: Three warp -wise specimens of 4 x 8 inch dimensions and 3 filling -wise specimens of like dimension shall be selected at random from the individual 1 foot wide by roll width test sample. These test speci- mens shall be individually weighed to the nearest 0.1 gram and then submerged for 30 minutes in the specified asphaltic cement maintained at a temperature of 275 ± 4 F in a mechanical convection oven. After the required submersion the test specimens shall be removed and hung to drain in the oven for an additional 30 minutes at 275 ± 4 F. The samples shall then be removed from the oven and allowed to drain for 1 hour at a temperature of 76 ± 4 F. The asphalt cement used for this test shall meet the detailed requirements for viscosity grade AC -10 conform- ing to Item No. 301, "Asphalts, Oils and Emulsions" with the additional requirement that the viscosity at 275 F shall be within the range of 2.3 to 2.8 stokes. After the 1 hour at 76 ± 4 F, the asphalt coated specimens shall be weighed to the nearest 0.1 gram and then placed in naphtha heated 110 - 5 F for 30 minutes. Fresh naphtha contained in trays at the specified temperature may be alternated as necessary during the 30 minute (0 ) 341 04/17/86 Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ti ti (g) Manufacturer's Certification The manufacturer will furnish certification of compliance with the specifications with each batch of rolls. 341.3 Equipment (1) Asphalt Distributor (3) period to effect removal of the asphalt cement from the specimens. Specimens will be blotted with paper row- els and allowed to air dry to effect naphtha removal. The area of the specimens will then be measured for the determination of percent change in area. Asphalt retention and change in area will be calculated as follows: wt. in grams asphalt x 0.0352739 x 144 area of specimen after test in in' area of specimen after test in in' 5 100 original area of specimen in in' Load test specimens which have been previously subjected to the 275 F Asphalt Retention Test and Asphalt Removal procedures shall be centered in the jaws of the tensile testing machine. The 3 inch jaw separation will be maintained. If the original 4 X 8 inch specimen has expanded or shrunk in size, the required fabric spacing around the jaws will of necessity not be maintained. Specimens will be centered and 3 inch jaw separation maintained. Asphalt retention, oz!sq. H. — Percent Change in Area = 100 — A hydrostatic type distributor shall be used which is capable of spraying the asphaltic binder at the specified temper- ature and application rate. It must be adjustable to give a uniform spray pattern over the entire width of application. The distributor shall be equipped with a hand spray with only 1 nozzle. The hand spray must be easily controlled and have a positive shut off valve. Hand spraying shall be kept to a minimum and limited to areas where a distributor cannot be used. (2) Fabric Handling Equipment The fabric may be placed with machine laydown equipment or by manual method. A length of A.S.A. standard 1 inch pipe to handle the roll width being used, together with a suitable roll braking device, shall be used for the manual method. Miscellaneous Equipment Stiff bristle brooms to smooth fabric and scissors for cutting the fabric shall be used. Buckets and squeegees can be used for applying asphalt tack coat to fabric laps and joints. A pneumatic roller to smooth fabric into the asphalt binder may be needed should rain or other unforeseeable conditions cause bubbles or wrinkling. (4) Roller A light pneumatic tire roller conforming to Item No. 232, "Rolling (Pneumatic Tire)" shall be used. 341.4 Construction Methods (1) General It shall be the responsibility of the Contractor to produce, transport, furnish and place the tack coat and paving fabric in accordance with these specifications and as approved by the Engineer. The tack coat shall not be placed when the air temperature is below 60 F. The tack coat shall be placed only when the humidity, general weather conditions, temperature and moisture condition of the base, in the opinion of the Engi- neer, are suitable, The temperature of the tack coat during application shall be between 325 to 345 F. (2) Level -up Courses Placing a level -up course with a spreading and finishing machine, where required, shall precede the placement of the tack coat and paving fabric and shall conform to Item No. 340, "Hot Mix Asphaltic Concrete Pavement ". (3) Surface Preparation The surface upon which the fabric layer is to be placed shall be cleaned of dirt, dust and water. The fabric layer will be placed following any level up. (4) Application of Asphalt The asphalt tack coat shall be uniformly applied with the specified distributor. Hand spraying shall be kept to a mini- Page 3 04 341 mum, Tack coat shall be applied at a rate between 0.15 and 0.28 gallons per square yard. The exact rate to be used shall be approved by the Engineer. The rate may require slight adjustment as directed by the Engineer to prevent an excessive application. The temperature of the asphalt cement binder during application shall be between 290 F and 325 F. Asphaltic material shall be applied ahead of the placement of the fabric in widths 3 inches wider than the fabric, except when placed against a curb and gutter. String lines will be set by the Contractor for alignment as required by the Engineer. All storage lanks,.piping, retorts, booster tanks and distributors used in storing or handling asphalt material shall be kept clean and in good operating condition at all times and they shall be operated in such a manner that there will be no contamination of the asphaltic material with foreign material. (5) Fabric Laydown After application of the tack coat, the fabric shall be manually or machine placed and roiled into the fresh lack coat The fabric shall be placed essentially wrinkle free. Air bubbles shall be removed by brooming to insure complete contact with the roadway surface. Wrinkles large enough to cause folds shall be cut out and replaced. The replace- ment fabric shall be lapped 6 inches minimum and additional tack coat shall be applied to satisfy the absorption of the double layer. Al fabric joints shall be lapped a minimum of 6 inches with additional tack coat applied to satisfy the material. Trans- verse joints shall be "shingled' in the direction of paving in order to prevent edge pickup by the laydown machine. The fabric shall be cut to fit around utility castings- Should areas appear which indicate excessive amounts of tack coat (bleeding), they shall be blotted with concrete sand. In lapping joints, the top fabric shall be folded back to allow application of a light coat of asphalt. The top fabric shall then be folded back onto the asphalt and broomed and squeegeed out smoothly. Rolling and /or brooming the fabric into the asphalt at the joints shall be accomplished in such a way that the air bubbles which form under the fabric will be removed. This may be accomplished by brooming from the center of the fabric toward the outer edges. The fabric shall be neatly cut and contoured at all joints as directed by the Engineer. If the edges of the fabric tend to be displaced because of air currents, the Engineer may require that the edges be secured to the pavement at 15 foot intervals. In the event this procedure does not prove satisfactory. then work will be suspended until conditions are more favorable. If for some reason, some bond loss occurs before the overlay, it shall be corrected by pneumatic rolling until adhe- sion is restored. It traffic must be temporarily allowed on the membrane prior to the overlay, the fabric shall be lightly sanded (1 to 2 pounds /square yard) for protection during the period of use. Turning of the laydown machine and other vehicles shall be gradual and kept to a minimum to avoid damage to the fabric membrane. If equipment tires tend to stick to the fabric membrane during the overlay operation, a small quan- tity of sand shall be broadcast aheac of the paving equipment (6) Asphaltic Overlay (7) Manufacturer's Recommendations 341.5 Measurement Accepted work performed as prescribed by this item will be measured by the square yard of surface area covered. Level -up and finished Hot Mix Asphaltic Concrete courses, performed where required, will be measured and paid for conforming to Item No. 340, "Hot Mix Asphaltic Concrete Pavement ". 341.6 Payment The Asphaltic Concrete shall conform to Item No. 340, "Hot Mix Asphaltic Concrete Pavement and be placed as soon as possible after the paving fabric has been rolled into the tack coat. In other matters not specifically detailed, the Contractor shall use recommended procedures as prescribed by the manufacturer of the fabric. The work performed as prescribed by this item will be paid for at the unit price bid per square yard for "Pavina Fabric'. which price shall be full compensation for preparing the surface to receive the fabric, for furnishing and placing all materials, including asphaltic tack coat and paving fabric, sand and all other materials, manipulation, labor, tools, equipment and incidentals neces- sary to complete the work. 3� 04'17/86 Page 4 1 1 1 1 1 1 • • 7.0 SPECIAL PROVISIONS SPECIAL PROVISIONS Item No. 301 Asphalts, Oils, and Emulsions. The asphaltic material specified tor the City of Round Rock ;Pal coat project is HFRS -2 (Polymer). When tested according to Texas Highway Department Test Methods, this material shall meet the applicable requirements of this section. Application rate to be .27 to .30 gallon per square yard. Item No. 302 Aggregates For Surface Treatment. sp /5 The aggregate to be used for the City of Round Rock saalroat project is Type F, Grade 5 and shall meet the applicable requirements of this section. The aggregate shall be applied at the rate of approximately 120 sg. yards per cubic yard or as directed by the engineer. The contractor will be responsible for maintaining all streets until final acceptance of the project. Maintenance will consist of drag browning, rolling and adding more aggregate as directed by the engineer. Prior to final acceptance of the project, the contractor shall remove all excess aggregate from the R.O.W. utilizing a vacuum type sweeper only and post a one year warranty bond in the amount of one hundred percent (100%) of the contract price. Excess aggregate shall be stockpiled at a location as directed by the engineer. Item No. 312.3 Equipment. Paragraph one shall be ammended as follows: The phrase "flat wheel roller" shall be deleted. Flat wheel ro11Pr is not to be used. Rotary type broom is to be used only for cleaning existing surfaces. Item No. 312.4 Construction Methods. Paragraph (2), the first sentence shall be amended to read as follows: prior to placing the sealcoat, remove loose dirt, gravel, weeds and other objectionable material from the existing roadway surface. Item No. 312.5 Traffic Control Facilities. Paragraph two shall be ammended to read as follows: The contractor shall notify all abutting residents or owners along the street a minimum of 48 hours prior to dal coat operation. SP -1 Item No's. 312.7 & 312.8. Measurement and Payment. Item No. 315.5 Payment. Item No. 340.10 MeAcnrement and Payment. sp /5 Seal coat shall be measured by the square yard of surface treated. Payment will be made under Seal Coat Complete in place, per square yard. Payment will be made under Milling Asphaltic Concrete Payment, per square yard. Measurement shall be by Method A. Payment will be made under Hot Mix Asphaltic Concrete Pavement, of the type specified, per ton. SP -2