R-96-07-25-10F - 7/25/1996ITEM
DESCRIPTION OF
CHANGES
UNIT
QTY.
UNIT
PRICE
AMOUNT
ADDED DAYS
CALENDAR/
WORKING
N M V CO (D N CO CO 0
Micro - surfacing (polymer modified)- increase
Ton
28.03
S122.00
$3,419.66
Pavement repair - decrease
S.Y.
63.81
($15.00)
($957.15)
HMAC spot fill and level - up - decrease
Ton
36
($160.00)
($5,760.001
Remove and replace concrete curb & gutter- decrease
L.F.
59
($23.00)
($1,357.00)
Remove and replace reinforced concrete
driveway decrease.
S.F.
639
(S6.50)
($4,153.50)
Pavement marking paint (reflectorized) white &
yellow, 4 inch width - decrease
L.F.
3,732
($0.231
($858.36)
Reflectorized pavement markers, Type II -A -A-
decrease
Ea
108
(56.50)
($702.00)
Non - reflectorized traffic buttons - increase
Ea
281
$3.70
$1,039.70
Plumb mail boxes, new item, per lump sum
L.S.
1
$500.00
$500.00
Pavement marking paint, 12" stop bar, new item
L.
575
$0.80
$460.00
TOTAL:
($8,368.65)
0
DEPARTMENT: Public Works
PRO Street Maintenance Program
Micro - Surfacing - 1996
ORIGINAL CONTRACT PRICE:
PREVIOUS CHANGE ORDERS:
THIS CHANGE ORDER:
CHANGE ORDERS TO DATE:
PREPARED BY: yNtfl.✓r
Ballou Construction Co., Inc.
CONTRACTOR
BY:
TITLE: J (( 2es 1 0e.uT
APPROVED� � � ✓G
CITY OF OUND ROCK
CITY OF ROUND ROCK
CONSTRUCTION CHANGE ORDER
$221,647.50
$55,088.00
($8,368.651
$46,719.35
CHANGE DATA
2/1/197
ENGINEER DATE
JUSTIFICATION:
PAGE 1 OF 1
DATE: 2/4/97
CHANGE ORDER NO: 2
Final quantity adjustments.
PERCENT OF ORIGINAL CONTRACT PRICE
THIS CHANGE ORDER: (3.78 %)
PREVIOUS CHANGa ORDER: 24.95%
TOTAL % CHANGE: 21.07%
ORIGINAL CONTRACT PRIC PLUS
CHANGE ORDERS: $268,366.85
smp96co2 /forms6 /Ik
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
,e- q (0-O7- 025-10F
DATE: September 9, 1996
SUBJECT: City Council Meeting, September 12, 1996
ITEM: 13A. Consider Change Order No. 1 to Ballou Construction Co., Inc. for the
Street Maintenance Program Micro- Surfacing 1996 Project.
This change order will provide for the maintenance surfacing (micro - surfacing) of
the streets in the South Creek subdivision which were in the 1995 Street Maintenance
Program which went into default. Staff recommends approval.
Fa
ITEM NO.
PARD
7 - 4 Delete PARD Bid Item$ 1 through 4
INCREASE THE FOLLOWING BID ITEMS:
PUBLIC WORKS
1 Micro - surfacing (Polymer modified) complete in
place, per Ton: 840 Ton @ S
2
DESCRIPTION OF CHANGES
Pavement repairs, complete in place, per Square Yard:
180 S.Y. @ 15.00 /S.Y.
6 Pavement marking paint (reflectorized), white and
yellow, 4 inch width, complete in place, per Lineal Foot:
6,600 L.F. @ $0.23 /L.F.
7 Reflectorized pavement marker, Type II -A -A. complete
in place, per each: 65 Each @ $6,50 /Each
TOTAL:
ADDED DAYS
CALENDAR /WORKING AMOUNT
0
10
10
($52,032.50)
$102,480.00
62,700.00
$1,518.00
$422.50
$55,088.00
PREPARED BY: lrT.c,rivi
ENGINEER
V /c� /- ePfDev7
BY:
ORIGINAL CONTRACT PRICE:
PREVIOUS CHANGE ORDERS:
THIS CHANGE ORDER:
CHANGE ORDERS TO DATE:
TITLE:
u,9 27,96 14:31 '8`218 5563
DEPT.: PUBLIC WORKS
DATE: 8/26/96
PROJECT: Street Maintenance Program CHANGE ORDER NO.: 1
Micro - Surfacing -1996 JUSTIFICATION: To complete the
maintenance surfacing on the streets in
the South Creek subdivision which were
in the 1995 program which went into default.
Streets are shown on the attached sheet 2
APPROVED
BalloU Construction Co., Inc.
CONTRACTOR
1-Y JA1/ 6) /e-/ / CITY OF ROUND ROCK
ompeCco /alpk -
PUBLIC (WORKS e003/005
CITY OF ROUND ROCK
CONSTRUCTION CHANGE ORDER
$221,647.50
$0.00
455.088.00
555,088.00
8/26/98
date
CHANGE DATA
PAGE 1 OF 2
PERCENT OF ORIGINAL CONTACT PRICE
THIS CHANGE ORDER: 24.85%
PREVIOUS CHANGE ORDERS: 0
TOTAL % CHANGE: 24.85%
ORIGINAL CONTRACT PRICE PLUS
CHANGE ORDERS: S 4276,735.50
s ss go7.011011101. X1/1111111mitz
sw s s iStaistereumnt , s :
01011611 uMetriage:
f
`` I I `` 1r ►111�
Ai
■ , ►� 1 :°
tt tit ��UI 1 I
ttttt
= 600'
STREET MAINTENANCE
PROGRAM 1996
LEGEND M ;c.1^0 Sv.r.FAC,'rrq
AREA TO RECEIVE J
AREA TO RECEIVE ASPHALTIC CONCRETE
AREA OF PAVEMENT REPAIR
AREA OF REMOVE & REPLACE C & G 2;
REMOVE & REPLACE REINFORCEO CONC ORWY .3;
(SEE GENE R `
AL NOTES ON PAGE
S 04 TY/ CPL 1'( ` L, r'V /S
- 9 (D- 0'7- a5 -hoF
CITY OF ROUND ROCK
PUBLIC WORKS DEPT.
��- Rolfe
i o c � I I
g o : . • III
1 ,k-'.. P‘ ..',. 0
11 %W.N.NN %
STREET MAINTENANCE PROGRAM,
MICRO- SURFACING
1996
r�A� rF) �a
f} ALViN , V V{LLE 9 sk3
j
j\ '
PLANS, SPECIFICATIONS 3 49 3 s r :P� 1�
AND CONTRACT DOCUMENTS " SS E
JULY 1996
AMP
6
2 196
Section
1.0 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 Plans, Details and Notes PDN -1
table.mst/spec
TABLE OF CONTENTS
Description Page
1.0 NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East
Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment
and performing all work required for the project titled STREET MAINTENANCE
PROGRAM/MICRO- SURFACING - 1996 (project includes approximately 1,365 ton
Micro - surfacing application, related preparatory work and ancillary items.) will be
received until July 9, 1996 at 2:00 p.m. then publicly opened and read aloud at City Hall
Council Chambers at the same address. Bid envelopes should state date and time of bid
and "Sealed Bid for STREET MAINTENANCE PROGRAM/MICRO- SURFACING -
1996". No bids may be withdrawn after the scheduled opening time. Any bids received
after scheduled bid opening time will be returned unopened.
Bids shall be submitted on City of Round Rock bid forms and shall be
accompanied by an acceptable bid security as outlined in the Instructions to Bidders,
payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid
amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained
from the Department of Public Works, 2008 Enterprise, in Round Rock, Texas beginning
June 25, 1996 for a non - refundable charge of $15.00 per set.
In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock
reserves the right to construe the meaning thereof. The City of Round Rock further
reserves the right to reject any or all bids and waive any informalities and irregularities
in the bids 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 bid documents.
Publish Dates:
Austin American Statesman:
June 24, 1996
July 1, 1996
nolico96 smp/aw -spcc
NOTICE TO BIDDERS
Joanne Land
City Secretary
City of Round Rock
NB -1
Round Rock Leader.
June 24, 1996
July 1, 1996
2.0 BID DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to read the plans,
specifications, proposal, contract and bond forms carefully; to 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 in ink on proposal forms furnished by the City of Round
Rock. All blank spaces in the proposal form shall be properly filled -in with words
or figures as appropriate. The bidder shall submit a price for each bid item. In
case of conflict between words and figures, words shall govern. The complete and
correct name of the individual, partnership, firm, corporation or other legal entity
submitting the bid shall be indicated and the proposal executed by a person or
persons duly authorized to bind the bidder. Unsigned proposals will not be
considered.
6. All proposals shall be accompanied by a certified cashier's check upon a National
or State bank in 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 reliable surety company, as a guarantee 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.
biddoc96.smp/b:specaw BD -1
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.
9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the
City of Round Rock reserves the right to consider the most favorable 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 proposals, 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
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, 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, shall be just cause
for the annulment of the award. In case 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.
biddoc96.smp/b:specaw BD -2
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 furnished
certification of all insurance required and such has been approved by the City of
Round Rock, nor shall the contractor allow any subcontractor to commence work
on his subcontract until proof of all similar insurance that is required of the
subcontractor has been furnished and approved.
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 basis 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
Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979.
18. No conditional bids will be accepted.
biddoc96.smp/b:specaw BD -
BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE,
13o, C'onrFrt1O - linrl Co. - rnn . •
as PRINCIPAL and 51-. Nit? GYP. arul Main re, - r (Ka/ramie C as
SURETY, are held and firmly bound unto the P.i hj cW P0u 4 'An( t' i 'TPVac
hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the total
amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described
below; for the payment of which sum in lawful money of the United States of America,
well and truly to be made, we bind ourselves,* our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. In no case shall
the liability of the SURETY hereunder exceed the sum of
Give. Pernen+-a Pruic4 t Ri 1...
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
Cirrerf rYlaiin4entty lIrrgra* - v MiO1 — StAt- a10r IQ9lo for which
bids are to be opened at the office of the OWNER on Ui .I.y 01441 1996.
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 full 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 fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
�IAjI� qkm , 1996.
{3UIbi O.ninc{rlia:l or On. 'Ina.
Princip,
By: __1( J.
diC E P,&
(Seal)
biddoc 96. s mp/b: specaw
Thes1111u1 , ST. PAUL FIRE ANfl MARINE INSURANCE COMPANY
Surety - j r' 385 Washington Street, St. Paul, Minnesota 55102
CERTIFIED For verification of the authenticity of this Power of Attomey, you may telephone toll 'free .1- 800-421.3880 and askfor
, COPY NO. the Power of Attomey Clerk. Please refer to the Certificate of Authority No. and the named individual(s). ;,!;
F -12062 (Original GENERAL POWER OF ATTORNEY - CERTIFIED COPY • r' on File at Home Office of Company. See Certification. )
it
11755 ':�
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KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and'Marine Insurance Company, a corporation,organized and existing under, the laws the State, ,j
of Minnesota, having its principal office in the City of St. Paul, Minnesota, does herebotitute n
ad aoint , , , Ii i,, !Ip, .,i,, n'. : ; ,I i
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John H. King, James D. Wilson, Bren R. Smith,: Philip C. Krug';' John C.'Hi
Lohmeyer, William R. Hamm, W. 'Roger Garrett, M.L. ' Fenimore, Shelly L.';'1'
Flores, individually,' ' ' l
Yr Salina r Kansas n li''ijl l1 . 1!' 1 :1i a,!;, l i''�ji!r Lil,•' iI
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. � t ; • �,�, i Jill ; !4, :;,, " :,, .',1'JI;:ilf "7.41:, III; Old
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts, o
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required'' or permitted'�by law, statute, rule, regulation, contract o.
otherwise, d!''I .ji In :,.' .' +, f', i i!' I'!: n •
', 'ICI' ! „,,p,,,hl: ! I I ,,. !,!
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NOT TO EXCEED IN PENALTY THE 1 St. OF TEN MILLION DOLLARS ($10',000,000) EAC 1
„1'•,' ,; u ,.1 .,,d, ,��jr; 11 I Iu , * l ,.. ; ,. ,.,. ',. b ' 1 ; IIIL�I
i 1 r ' �,' ,�, f', t�' ;.1 ,!' : I ' !�I,,,: y,r,p',II,' ;,� D , � !I,II,II!li i.
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and the execution of all such iinstrument(s) in pursuance of these presents, shall be aslbinding.upon said St. Paul Fire and Marine Company, as fully and I
amply; to all intents and purposes, as if the same had been duly executed .md'ucknowledged by its regularly elected officers at,ita,principal office. ; , p,,..1' }; ' y,, d 1
li
This Power of Attomey is executed, and maybe certifier to and may be revoked, pursuant'to and by authority' of Article V,Section 6(G), of the r B i y Laws adop by '
the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY'at a meeting called andheld on the28th day of, April,; 1978, of'which the fill owing '
is a true transcript ofsaidSection 6(C): .'1'i.,r',;C',,'''i;d jllo i'16 , :: ; 11 , , 11 �lf :''
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•• ' "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager, have power and ,,'• authority i1
' (1) To appoint Attorneys-in-fact, and to authorize them to execute on ,behalf the Company; and attach'the Seal of the Company therein. bonds' and
' • ;, , , undertakings. recogizances, contracts of indemnity and', other writings obligatory in the, nature thereof, and , , ^ 'i ,,•, P ,,, , , • , "'n ,., ^. , 1
(2) To appoint special, Attorneys -in -fact, who are hereby authorized to certify to copies of any power- of-attomey issued in pursuance of this section':
and/or any of the By -Laws of the Company, and „ ., , ... n , , • . , , „ • , , , • ON . • . , , t , a , , ' 1 1 , , , , , i , I r 1 1 I ,
, (3) To remove, at any ume, any such Attorney -in- factor Special Attomey -in -fact and'revoke the authority given him.' l ;! l 11,11, .11,1,11
Further, this Power of Attorney is signed and sealed by facsimile pursuant tolresolution of the Board of Directors of said Company adopted a meeting duly called'and
held on the 5111 day of May, '1959, of winch the following is a true excerpt: ; 1 1 h , 1 , ;;1 ', L , , ,II I I "ff 1 i I,r 1, , ', , , n /
1 • , 1 n ,. .I ,a!,1,:! (I;,;1 I O:.Li "'b;j {:,; it l ; .,� , III '' , 11i: i ij! ' {'1j „.. 1'I I
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• 1 "No therefore the signatures of such officers and the seal' of the Company may affixed to any such'power of attorney or any certtficate, relating the eto by ',
' ' facsimile, and any such power of attorney or certificate bearing such facsimile signatures or „ facsimile seal shall be valid, and binding upon the Company and .
any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the. Company in the future with respect toy'
any bond or undertaking to which it is attached" . ',IUT " 4.i,jllil,;'1','i''j , li11
': ;I'I "! ''llll'' t " fRil
' ; , I i , ,1,..,! {II I. ,, {,Iii „ II' i , �,I, .I , u ,;1,! ,1 . I II', ", : 111 ''!'d;,l�uji.,1 „ {JI!11U {,r:I
IN TESTIMONY WHEREOF, St. Paul Fire and' Marine' Insurance Company has caused this' instrument to' be signed and its corporate
seal to be affixed by its authorized officer this30lh dayof,November, A.D.11990. Oil ,i' 1; ;` ' i!li
.�, ... �. ..... .,�. • ,gin ., ,., ,.,,u...,, a ,i i {i { {'i:Jil1 S ., il .�,.I • ,�II 1 ; I:le. �
I
I'' T. PAULFIREANDMARINEINSURANCE 'COMPANY ,
ill, I;Ili;li {,i,' :•�l' :ill',f�i i11'i,'I i: ;:Iiill ,1'; I'ii!Il!i{ {Nlll {;,' jl Ili { "Ii1:�;Ii Id' 1,1 ,11,Ii1:1I'r: !1:,•1.
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STATE OF NEW JERSEY Ijl;i,'il, ;p i! ".�!; „Il
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County f Somerset ,;n ''4.I > ill•!, ; II ' I" ljj 1 X11 �,:' I 1'; li' ,1 !'' {i,';
ty • „i.i'.i) { ',,!;1111 'I�i ji.',' 'I iI, 1r ih { ;ii, 11; : ''�',li K ENETH . ' �RX , Se cretary
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EN,, h Jn !!I' 'AN; UI!11.1 1 i,Lli l l:;1 , 1 :
On this .: 1 25th' ' day of ' February ',' , i •;,'•1 " " 19' I 94 , before Inc came the, individual,'who executed th instrum to me '
' personally 'known, and, being by me dulyswom, said that he/she is the therein descnbed, and: authorized officer of,St.;Pau1'Fire and 'Marine Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her,,lsi'gtawre were duly' affixed by order of the
Board of Directors of, said Conran ,d'I,d'• . ',• '; 1,� r ,, +i
P . . y ' ,I " 1 ' : ,b :;1i.'! ; ''1'111.' . ,II iii ,J'' ;, ,, '1'1 , '. i''1 d'" 1! hit `I Ip1' {, jl. I;rI,l11`jI,!.; rl,. il 1 1;m 11 1 I;U „
Y . ' '1,1, 1 �, i, ,!, i'..i n y,, ,..' ,III:' 'r I, , ,I0 ; ;I ,{•li 11 1 i .1 ' II ;hook ilil,''',It" • 1 ",''''.1" '
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IN TESTIMONY WHEREOF, I', have hereunto set my band and affixed my Official Seal, a the'township of Bedminster, New Jersey, the .;
Ada and ear, first above ]ten. n 1' r
r.suel Y Y written. , !;I ! 4, i DIIIiiP' i + i'I ' ;I
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LINDA Notary Public,IMiddleser, NJ
Ili 'I' 111 11 ' 1' My Commission Expires December 16, 1996
'•.' (j ... ; 'i! i: 'i'' !iclt i,i ll. ! ill', I!:! Gdi, iC! 16' p:? lh.. d';! . " IPGP:'!: ;;j
CERTIFICATION ::,.' . fii'lit:ial''!Iq ' I, the undersigned officer of St. Fire and Marine Insurance Company, do hereby certify that 1 have compared the foregoing copy the,Power,ofAttomey and,
affidavit, and the copy of the Section of the-By-Laws of sant Company as' set forth in said ,Power of Attomey, the ORIGINALS fiN FILE IN' THE HOME '
' OFFICE OF SAIO'COMPANY, and that the same, are transcripts, thereof, and of the.whole,of the said onginals and that the said of "
IN'TEST1MONY WHEREOF,1 have hereunto set myhanddris 1, 11: 1 1 1 '
1 Only a certified copy of Power of Attorney bearing the'Certificate of Authority No, printed in red on the upperright comer is'binding Photocopies, carbon copies or .
, other reproductions of this document are invalid'and not binding upon the,Company. ,,, , , dre1, 1 I' 11 i 11 1 11 '1 1 1 1 1 1 1 1 :111 1 1 1 1111 : 01 ,1 111 111 1 11 11
' ANY INSTRUMENT,ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE:IS TOTALLY VOID AND WITHOUT ANY, VALIDITY. , 1:1 ,
.. J:i��u� �, ... ..�'li!t;,:ii'I,: {P., ; Ill]ii'� !j , i'I'' il,�n,, ,I'! ;pP'ail; ui;i'I(l i!1 {III Jii� ill! i 1 r' ih� 1i 1D 11 iii a I!iLililll r .r,. u:nrJ, 1 ,:11'' ,.' 11 I
1
1 PROPOSAL BIDDING SHEET
' JOB NAME: Street Maintenance Program/Micro- Surfacing - 1996
' JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: July 9, 1996
1
1
' 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 miscellaneous items, to complete all the work on which he
bids as provided by the attached supplemental specifications, and as shown on the plans for the
construction of Street Maintenance Program /Micro- Surfacing - 1996 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:
1
1
1
1
1
PUBLIC WORKS
Bid Item Description
Item Quantity Unit and Written Unit Price
Unit
Price
Amount
1. 1,050 Ton Micro - Surfacing (Polymer modified),
Complete in place,
per Ton.
for T / -T ud o dollars
and cents. $ 4 $ /,7b' . Oct
• 2. 565 S.Y. Pavement repair,
complete in place, per square yard.
biddoc96.smp/b:specaw BD -5
for P' /p E dollars
and N cents. $ 4.5700 $ 4; (75-.,o
1 Bid Item Description Unit
1
1
1
1
1
I
Item Quantity Unit and Written Unit Price Price
3. 100 Ton HMAC spot fill and level -up
at street cuts and depressions
prior to micro - surfacing, including
tack coat, complete in place,
per Ton,
for 04/E /Won. .Si x ri dollars
and A/ o
4. 350 L.F. Remove and replace concrete
curb and gutter, complete in place,
per linear foot,
for rale Airy - rkkEE
and Ale
5. 900 S.F. Remove and replace reinforced
concrete driveway, complete in place,
per square foot,
for Si X dollars
and F/pr/ cents. $ 6. $o $ .5;15o. 00
6. 5,800 L.F. Pavement marking paint (reflectorized),
white and yellow,4 inch width,
complete in place, per linear foot,
1 for No dollars
1
1
1
1
biddoc96.smp/b:specaw BD -6
Amount
cents. $ /60.00 $ /( 00o, 00
dollars
cents. $ Z3. oo $ f oSo .00
and ru1Ee/r /- T/HREE' cents. $ .23 $ 030od
1
1
1
1
;
1
1
1
,1
1
1
1
1
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price
7. 164 Each Reflectorized pavement markers,
Type II -A -A, complete in place,
per each,
8. 200
for 5 (A
and r,Frf
Each Non- reflectorized traffic buttons,
complete in place, per each,
SUB -TOTAL FOR PUBLIC WORKS: (Items 1 thnv 8): $ /6y 6 /5: co
biddoc96.smp/b:specaw BD - 7
Amount
dollars
cents. $ .5 $ 4 D6 6. 00
for Th/f & dollars
and cr UCN rY cents. $ 3. $ 7 1o. o 0
2. 50
. 4. 225
Ton
3. 18,000 L.F.
Each
PARKS AND RECREATION (PARD)
Bid Item Description
Item Quantity Unit and Written Unit Price
1. 315 Ton Micro - surfacing (polymer modified)
Harrell Parkway, Complete in place,
per Ton.
for T, I - ,o dollars
and go cents. $ PR. oo $ 3P f/39.00
HMAC (Type D) spot fill
and levelup on Harrell Parkway
at street cuts, depressions
and edge repair, prior to seal
coat, including tack or prime coat,
Complete in place, per Ton.
Pavement marking paint
(reflectorized) 4 inch width
on Harrell Parkway, complete
in place, per linear foot,
for /(lo
and TJENTY— TfteEE
Reflectorized pavement markers
Type II -A -A, Complete in place,
per each.
for S/X
and ,C/p 77/
biddoc96.smp/b:specaw BD -8
Unit
Price
Amount
for C)✓Ef///,t/0&,0 S/XTY dollars
and No cents. $ /60.00 $ /000,oa
dollars _ "
cents. $ .. $ ) 1 /5/o. 00
dollars
cents. $ $ f 6 '2.50
SUB -TOTAL FOR PARD (Items 1 thru 4): $ 54 63 .7. so
GRAND TOTAL - PUBLIC WORKS & PARD: $
STATEMENT OF SEPARATE CHARGES: Materials: $ 63 yIZ, 6D
All other Charges: $ /S7, 75 -CO
1
1
1
1
1
1
1
1
1
1
1
1
*Total: $2z/ 6`F7.5o
* Note: this total must be the same amount shown above for "Grand Total ".
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 ten (10)
calendar days after written Notice to Proceed. The undersigned further agrees to complete the work
in full within forty (40) working days after the date of the written Notice -to- Proceed.
biddoc96.smp/b:specaw BD -
�4.
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,
A J. .¢,OE
Vice PQe DEN r R R. fox 2300 �,¢�,.✓ ,{ffe 67l.1.3a6
Title Address
easr4Je.ro4/ (
Name of Firm
..7iJL y 1 ,996
Date
biddoc96.smp/b:specaw BD -10
C9 "3) 1.75_s
Telephone
Secretary, if Contra
Corporation
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of July A.D. 1996, by and
between the CITY OF ROUND ROCK, TEXAS acting through its Mayor, Party of the
First Part, hereinafter termed the OWNER, and Ballou Construction Co., Inc. of the City
of Salina , County of Saline, State of Kansas, Party of the Second Part, hereinafter termed
Contractor.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by 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 July 9, 1996 for certain improvements described as follows:
STREET MAINTENANCE PROGRAM/MICRO- SURFACING - 1996
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 10
consecutive calendar days after that date of the Notice to Proceed and shall cause work
to progress in a manner satisfactory to the Owner. Such work shall be completed in full
within forty (40) working 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.
pstid96.emp/apeoAW
PBD -1
AGREEMENT - continued
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 General Conditions of Agreement
The Special Conditions of Agreement
The Technical Specifications
Addenda
Change Orders
The Certificate of Insurance
The Plans
IN WITNESS WHEREOF the Parties to these presents have executed this
Agreement in multiple originals in the year and day first above written.
ATTEST:
By:
Secretary
By:
Secrefary, if Contrac
is a Corporation or
otherwise registered with
the Secretary of the State
pstbid96 amphpcoAW
PBD -2
Party of the F ir st Part (Owner)
Mayor - City of Round Rock
Party of the Second Part
(Contractor) AcEYa6Sievir u..ad
dad snrocr/eel Co., .711,
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PERFORMANCE BOND
.151,st - oo7s96al
KNOW ALL MEN BY THESE PRESENTS: That .Balibt.L Co.,ns}rwdion CoL Ina of
the City of I T,•n , County of , and State of
-Kosna_s , as Principal, and Pp.0 , t-lylaclo au horized under the law
of the State of Texas to act as surety on bonds for principals, a e eld and firmly bound
unto THE TY OFR IND�ROCK, TEXAS, (Owner), in the penal sum of
T `��� ' z h i ,rdk foc St�En o l loxs - / /at — dollars ($ . I } 1
for the payment whereof, well and truly to be made the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner dated
the 25th day of July, 1996 to which the contract is hereby referred to and made a part
hereof as fully and to the same extent as if copied at length herein consisting of:
STREET MAINTENANCE PROGRAM/MICRO SURFACING = 1996
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall, in all respects, duly and
faithfully observe and perform all and singular the covenants, conditions and agreements
in and by said Contract, agreed and covenanted by the Principal to be observed and
performed, 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 workmanship of,
the Principal in performing the work covered by said Contract and occurring within a
period of twelve (12) months from the date of the contract Completion Certificate and all
other covenants and conditions, according to the true intent and meaning of said Contract
and the Plans and Specifications hereto annexed, then this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article
5160 of the Revised Civil Statues of Texas as amended and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent
as if it were copied at length herein.
pstbid96.emp /apecAW
PBD -3
M "M"
AUG 15 1996
ST DALL.AS BRANCH
D
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the term of the contract, or to the work performed thereunder, or
the plans, specifications, or drawings accompanying the same, shall in anywise affect its
obligation on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
day of
instrument this
19 %
(a
Principal
By:
Address
�C E 7 2 4 2 ES /De47
Title
f?o. ,Rex - z3oo
.5 4 1e 54f
pstbid96 smp/specAW
PBD -4
uY - 6a c
Title
�i7Jlo?•
2,3 an 16 .66)4 lal3
The name and ad ess of the Res' ent Agent of Surety is :
4 ,1 1 �`y'"�"� / ' r . sP tea. t-
Tvis wee es .-i
Address
l6 ) K5 2,
�laoi elm free {;t; .11as;*"IJ.i; t' = -1 :,7.-
Surety
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
385 Washington Street, St. Paul, Minnesota 55102
John H. King, Janes D. Wilson, Brenda R. smith, Philip C. Krug, John C.
Lolvneyer, William R. Hamm, W. Roger Garrett, M.L. Fenimore, Shelly L.
Flores, indivirlrrally, Salina, Kansas
CERTIFICATE OF
AUTHORITY NO,
CERTIFIED For venficabon of the authenticity of this Power of Attorney, you may telephone toll free 1- 800 -421 -3880 and ask for
COPY NO. the Power of Attomey Clerk. Please refer to the Certificate of Authonty No and the named mdrvidual(s)
F -12062 GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Ongmal on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Pad Fire and Marine Insurance Company, a corporation orgamzed and existmg under the laws of the State
of Minnesota, having its pnncrpal office in the City of St Paul, Minnesota, does hereby constitute and appoint:
1911765
its true and lawful attomey(s1 -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognuances, contracts of
Indemnny and other wntings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
and the execution of all such mstmment(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and
amply. to all intents and purposes, as if the some had been duly executed and acknowledged by its regularly elected officers at its principal office
This Power of Attomey is executed, and may be certified to and may be revoked, pursuant to and by authonty of Article V,- Section 6(C), of the By -Laws adopted by
the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of Apnl, 1978, of which the following
is a true Iranscnpt of surd Section 6 (C)'
'"The President or any Vrce President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority
511 To appoint Attorneys -m -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, recognizances, contracts of mdemmty and other wnnngs obhgatory in the nature thereof, and
(2) To appoint special Anomeys -in -fact, who are hereby authonzed to certify to copies of any power -of- attorney issued in pursuance of this section
and/or any of the By -Laws of the Company, and
(3) To remove, at any tome, any such Attorney -in -fact or Special Attorney -in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Dnctors of surd Company adopted at a meeting duly called and
held on the 5th day of May, 1959, of which the following is a true excerpt
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attomey or cemficate bearing such facsimile signatures or facsimile seal shall be valid and bmdang upon the Company and
any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to
any bond or undertaking to which It Is attached "
IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
seal to be affixed by its authonzed officer, this 30th day of November, Al) . 1990
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
NOT TO EXCEED IN PENALTY THE SUM OF TEN MILLION DOLLARS ($10,000,000) EACH
STATE OF NEW JERSEY i ss
County of Somerset J
KENNETH I RYAN, Secretary
On this 25th day of February , 19 94 , before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly swum, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company;
that the seal affixed to said Instrument is the Corporate Seal of said Company, that the said Corporate Seal and lus/ber signature were duly affixed by order of the
Board of Directors of said Company
29550 Rev. 1 -96 Pnnted in U S A
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the
day and year first above written
15 TESTIMONY WHEREOF, I have hereunto set my hand this
25th day of July 19 96
LINDA S ,:s' S, Notary Public, Middlesex, NJ
My Commission Expires December 16, 1996
CERTIFICATION
I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and
affidavit, and the copy of the Section of the By - Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME
OFFICE OF SAID COMPANY, and that the same are correct transenpts thereof, and of the whole of the said originals, and that the said Power of Attorney has not
been revoked and is now in full force and effect
MICHAEL W. ANDERSON, Secretary
Only a t emfed copy of Power of Attomey beanng the Cemficate of Authonty Na pnnted in red on the upper nght comer os binding Photocopies, carbon copies or
other reproductions of this document are mvand and not binding upon the Company
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
pstbid96.emp/specAW
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That A.16 Grhtdfor+ Co• nc , of
the City of Cr:uti , County of 'a_Litta , and State of
k&Lrk5as as Principal, and o ° � ,� r te authorized under the laws of the
State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto
TICE QTY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers,
mechanics and suppliers as their interest may appear, all of whom shall have the right to
sue upon this bond, in the penal sum of - Too h d } j,�rtE �swal �iSc ku d 0,{ -
, ($ 1 6,4-7 5- b ) for the payment
whereof, well and truly be made the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors, and assigns, jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the 25th day of July, 1996, to which Contract is hereby referred to and made a part
hereof as fully and to the same extent as if copied at length herein consisting of:
STREET MAINTENANCE PROGRAM/MICRO SURFACING - 1996
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics,
and suppliers, all monies to them owing by said Principals for subcontracts, work, labor,
equipment, supplies and materials done and furnished for the construction of the
improvements of said Contract, then this obligation shall be and become null and void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article
5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent
as if it were copied at length herein.
PBD -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder,
or the plans, specifications or drawings accompanying the same shall in anywise affect
its obligation on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
Instrument this s5,l day of u-ly 192 .
A gi j d 4 C70 .SF�
Principal
By:
dee
Title
Address
fSiDE.✓f
70. ,Box 3 co
. Ail/xis/Y-3 670).2 -2?
The name and add ess of the Res' ent Agent of Surety is :
s �v 5t!uet( , f
- -ill a
pslbid96.smpfspcoAN
PBD -6
S ety
i—akrylLy ate
PO-6,4 h /mod
Title /
1_1J-LS Lenses d - ea,S-1 tE_,
Address
P6 ,exX 4213
St.1' %Aa l�J 7 6.2 1f2j3
I /"2s'YYlarklr,
,��
n . : ,,,,;•„ .:•,,;;,,,,,,,,,,,,, I '117 l l .,.:.o..,,,
TheStlu� ST. PAUL FIRE AND MARINE INSURANCE COMPAN I" I I 111! ill ! CE RTWICATE OF l'
CER1 HIED ,,I ',' For verificatfon, of '' rt 385 Washington Street, St „Paul Minnesota 55 0 2 1 1 1 I ! AUTHO RITY NO.
J rtty j �i S o d
, I Ili 111 •1 I'1 f 1'
, ,,,,.,,., ,,,, , ,,„ � : ,, , , t,I,,, -,, n 11 ,1!1: ,
1 I I , 1 'l I 1 I IIII IIII iI 1
he authenticity of this Power of Attorney; you may telephonetoll'free 1. 800 - 421 -3880 and ask for I'i'!r 111011101 1" I i tit
I COPY NO. ' the Power of Attorney Clerk.' Please refer to the Certificate of,Authority No: and the;named individual(s). r I I Ill'I'''liilill 11,1!1 II
F - 12062 ' ' 1 ' GENERAL POWER OF ATTORNEY'- CERTIFIED COPY 111; 1l1'11!'I 1 • I 1 1 1 • 19117,69 ,' 1
,, , ,,,:.111 1 (Original on,Fil at Home Office of Company- See Certification.) Illuill I ill' 1 '!I l a,1 !I I' 1 I
1 , ( ,
' KNOW ALL' MEN BY THESE PRESENTS: That St. Paul 'Fire and Marinednsurance,Company, a corpomdon,organized and existing under, the laws of the State ,
of Minnesota, having as principal office'm the City of St. Paul, Mtnnesota, hereby constitute and ,,,li!;, ,,:,!I;i l "Ii 1111111 111111 !1; I I II! 1 11,1 1 11111 1 11 1 11 II
John H. King, James D. Wilson, 'B R. Smith, Philip C. Krug John C ' I 1 I I' I Il il ! l
,' individually,, 'Saliria,, Kansas 1 I! ,,,'•'IjiPI 1,Ii' I ii I! j1 1 111111 1 ;11
Flores
„ ,•! ICI, , " °i,i'lij!I''Ijll'I,IIII!lI! {1!1111{ III' l' 1'i1iIIIIIlIIl!ill'i�III:!I !'(i !
i.,I1, a,11i 1 itii;,i1 'Ipl,l i!I! I' !I!.II,,,,Lj111111 ,,II 1 I:dll lI Y !i II 1i11I II „ , I li ill li 1 11,! 1
its true and lawful attomey(s )-in -fact to execute, seal and deliver, for and on its behalf as surety, 'any and all bonds and undertakings, recogn contracts' of ,
indemnity and other writings obligatory in the nature thereof, which, are or may be, allowed, required or' permitted by law, s atute, ru e, regu anon, contract or
otherwise, ,',,• .,I • „! !n : q t ' 1
I. 1
Yd 1;1:141 1, I ,.' 1 11 1 111 111 'il! 11 1!'ilI 11 Ii l I l':I !I II I'I III ' i li 1,111 !
1':': ;'•1 ,., , 1 i I I ! I i 1 1 ' , 111 ': !I li
! ,1 1 it I 111 it lit,) ! 1 1 II i
,, I I! ! 1 1, , u !1.11,,! I I I ! Ill I 1 I ! I . I i l '
;: • i L,'; ; , I', , i " I , 1 , 11' ! • ,1 1 I '11 ' ! ii, 1111!•" 1,1 1jl 11)1, ( I
I .,.;,,!; ',r I, ' :;,!i•,• „. ,,4!'I:•,,ai:, Illlil'1i,ll;lllili�.'•,L;ll„ 111,ia11 !I I II dl: i 'I Ii II f11
NOT TO EXCEED IN PENALTY 'THE SUM OF''TE1' MI LION DOLt,ARS '('$10,00 IIV11' 11. 1 ;
!' 1 11 !,, Ir,• Q d l Ins',!: 1 !I,r,, I 1 1111 +' :!111ii'''d 111 !''11.1 ;11! •'j r Ir it ! I I! 1'1 l
�, ,, i , ! ,, ,1 I , l,ill,ll• !Il 1 1,lri;!11 : i •I l! 1111,,!.1 1 111'1' ! 1 I I' 1 .1 !I +,
, � :1 : ?6 ', : I :.1'; . J , 11 : ,1 11 111!1' 1!, „ 1111 IDI I, Il Iii•i I III II 111 , i ,1 1 I
' and the execution of all such mstrument(s) in pursuance of these presents, shall be as Ibinding,upon said St- Paul' Fire and Marine Insurance, Company, as y and
amply„ to all Intents andpurposes, as if the same had been duly executed and' acknowledged by its regularly elected officers at its priocipalmffice.'i I!1 HI 111 "111 ill l' ill 1
, This Power of Attorney is executed, and maybe certified, to and may be revoked, pursuant to and by authority of Ankle V,-Section 6(C), of the By -Laws, adopted by
the Shareholders of ST. PAUL FIRE AND MARINE, INSURANCE COMPANY ,at a meeting called and held ornthel28th day of April, 1978, of which the fo lowing
, is a true transcript of said Section 6 (C): ,'1 , •' ;I I; , ,!,la'li i; Irtlil;rl: "' 1111;!1 iIfi;:I,1:n•• uq't '1 '1:i,!II11 1I
' ;. . , " rr, „,,, , ;!'711,'1:111:II''1•i!1.1,1.11 ;111 1 1 I 1
I!; 11 11111 !IIIVIi!ii1 1' 1. ii,' ;II l !1;1 l,lli i : '1i1111
: "The President or any Vice President, Assistant Vice'President, Secretary or Service Center General Manager shall have power and authority 1 Ild' Il;611: I
' - , (I) To appoint Attomeys -in -fact, and to authorize them to execute onibehalf of the Company; and attach the Seal of the Company thereto- bonds and
undertakings„mcognrzances, contracts of indemnity and other writings obligatory in the nature thereof, and 9 " ,, ,p•n °"'I IPv „ n ^: 11' •^ „ ' , ;611 ,„ II.' I
,,,, (2) :Po 'appoint special Attorneys-in-fact, who are hereby, authorized to, certify to copies mop any power -of- attomey issued in pursuance of this sect on
. and /or any of the By-Laws of theCompaYy,'and .,., , „ ., Iq,,,11 ,,n,,. ,,. 1111,1, n,,,: Il^ tygiVenhim ' 1' Illjl!1!I 1 llll l` 11
(3) To remove, at any time, any such Atmore -m -fact or Special At tome -in -fact and revoke the autho II, !I 1 ' l III 1 ill, 1 !' ' I
•rq:nn 1 „�.,,.,, „ ,,,•,1p, nilufl!a;p, ::,,.,, ,,,HWrgP:1,11,I "I!Cli l ■ 110 1 • !11111I
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution � of the Board of Directors of said Company adopted at a,meetinp duly called and,
held on the 5th day of May „1959, of which the following is a true excerpt: ,; 1111 ; 1 11 , 1 1111 ;;;( 11 11 1 11 ; ll l l11 1 li 1 1 1 1 1 ; 1 10; i l l111 111I11 l l i i ll! 11 11 111 11 1 ! I1 . ; : ir!11 1: 1 1. ; i 111 11 i;1! ; 1
"Now'aherefore the signatures of such officers and the seal of the Companylmay , Ibe'afftxed to any such power of artomey or any cenificate:relating [thereto by
facsunrle, and any such, power of attorney or certificate bearing such lfacsimilelsignatures or, lfacsimile,ses shall be validlandl binding upon the Company and
any such power so executed and certified by facsimile signatures and , facsimile seal shall be valid andlb'nding upon Company in, the future with respect to
an 'bond or undertaken to which itis attached."
Y g ;'Il P ";II,,, I'I r ll'l l' I ;II 1111101.11116111I I!''' '1 11!' ' 1 (' 1' I 1
: I . ,.' 1,:,,J 1it,l 1 'i111I11i it 51 I, 1 11 1 1 11 11 ;;1 II i!:i11!IiU!IIi11 Illilllllililli:l!ili
I' !, i'
' Paul Fire ! •, Company I1 l tins 1 slat and its corporate
IN'TESTIMONY WHEREOF,ISL re and Mariue'Insurance Com m has catrsed'ttu 'mswmen4to be signed
seal to be affixed by its authorized,officer, this 30th day of,Novembe , AD.',1990. " ! II 1 i. 1 1 ' I 1
3!111'! 1 , i!Ii IlI1i!I it
I ;III! 1':1 !
1111 11 1 1 : 11 '1 i ''' ill ! 1 I ST. PAUL FIRE AND:MARINE INSURANCE' COMPANY
STATE OF NEW JERSEY,
I
'llil'Ii, d1:,11!,lniti�llril 1 1!'o!!'lli; 1i!I III) ;I II. I II i! 1 111 I' I 11:111111111.1i:;. II!jl' ,''! llii ll llq! 1
' 1 1 ' u.'lill ,111111 1 I 1 i 11!111 gliilllll I j ;11111111:1 (! 11 1 1 1 1111 li 1 ,,
s . •;1 !' 1 1 'Ili !I' I 1,, I I I' ,idtl111i II
1!.111
County of Somerset 1
• 1 ,.! , ;hir Ili:[ ,,, ?'li'l' li ! 111!111 Ii 1!',! ! ; II lit I' III I I I I!1 I KENNETH 7.IRYAN, Secretary
,i• L,.. , l,ll1 + ll'[; I:Ir'll'dilj al1e , n ;' v'
, l'' 1 111 i;!il
Oath's 2 5 t '• h , day of "• Feb 4 it •+ ! Il 19' ! 94 , before me c ame thdidual who execu ed tha'preceding instru, to me 1
' personally known, and, being, by me duly sworn, said that he/she. is, the therein described and authonzed officer of St. !Paul and :Marine!Insurance Company; 1
that the ,seal affixed to :said instrument is'the Corporates Seal of said Company' tha the said Corporate Seal and Ins/her,'signature were duly affixed by order of the '
Board of Directors of said Company. • 1 1 1 • 111 1 I 1 1 11 i• I:
rI' ;,� 1 g: !' ,1 , .t i ll ; 11141,, , 1;''1 jI 11! I Ili !' I ' II' h!' !I!i 1 111 +11' 1 1 ` I
, . , 1 is ,: I ,u • ''1 , , I ll . I ",• „,. r ! „' 111!1,1 11 P) D , ;u i I d 1 1 111 I t 1 i lli '1i11 „ i I 1 l 'i il1 41 � Ilr l ;I
li ;! I i111 I lf l I
it
IN TESTIMONY WHEREOF, I1',have'hereuntoset my hand andat'fixed my Official Seal, a the township of Bedminster, New Jersey the
11111111 I r n,r III'
' II all it II I !I� 1I 1 ii111i' �i� +, 111111 I
111 ll ( L ,7
,�' „! ;I , ,,I ; 111 ,ilii;lyll!''i'.,Ili 11!11 II, III l 111 II II .1 I I + 1 1 1 11 `L11�� -��
liJlt iilllli'jl ",'11,111 ?I1r:ly'ii : II1', Il1` ail' 1 ij 1 1 1 i 11 1 1 111 �r��`,779 II Ill[ I
'4,•' .'I ..,, ,�I,;l '' ' '!,; I,!Ij: • .hl r!! p; II l,, ! ! I i ��u'' mnlll �llll j l l
.1, •I' � ''' ! ,,1;: IIl!�jp ;', 1;11 ,,., i1i;;1 , ,I , ll! !" � r 11 I' , 1 , I !I ,. ,,, 11 1 1 11 I 1
LI' I f r; 1 Vi'I'i'!'b'll, 1, 111,1' P1''II 111 it .I I' I I !!j 1111 1 1 I LINDA , Notary PUblic,Mtddlesex` NJ
1 1 ,;. .1,,1 ,' I' I I i 1 ; li I .
y;' p' ,p 'I: 1 11•';+ L'ilil•I ! I 1 111 11
Il• 'i' "! I, } lJ I: i,.l 1 ,:„ 1 1 I ll I MY'Commission Expites'T1<cemberl6 „1996
Plllli I I III 1III!1 II 111111111111111 11 , ;1I'L'liil'+
CERTIFICATION ,1 .•.,l,hj, "i' 11:';4 � Il1Ilni.l': , !1 I'l il11 11 111 l I' •ii 11 II I 1 1 ' i I 11111
' ' ' ' ( I i (: Ilh 1 111: tl ! 111111!1 ll I: Ill ,Illl'+I1IIIIIIII
I, the undersigned offices of StIPaul Fire Marine Insurance Company, do hereby certify thatl have compared the foregoing topyof the�Power, of Attomey'and
affidavit, and the copy of the Section of theBy-Laws' of said Company as set forth "n said Power of 'A omey with the ORIGINALS ON MEIN THE HOME '
OFFICE OF. SAID COMPANY, and that the same are correct transcripts: thereof, and of the whole of the,said ong nal and that the said Power, of'At omey has ,not
;' been revoked and is'nowin full force and effect. 1 I■P' 'I !I :'l! '.I ''+Ili i I 'I ;pn unit 1 +
11 :ilH1' 1'1; ! 1 ,1'1' 1 ! ll Il 1 I !' 11 -: ; 11!1 ill i'
,., . ..e_ eft, ?'I ':I " ,,!!,I I I p ll V 111 1 i 1 II' II 1 1;,1! 1 ill 1 1 1I11 11
; yid .. „', ;, i' ' I; ,�, i;tll, , I lll'';,! I !i'. i! : Il' I I, II I 'I 1' ' I I I :to Ii III I l I'I
1117 , IN�TESTIMONY WHEREOF, have hereanto set my hand this 11111 I:II ! 1,1 • I i 111 I 1 I I , 1 •
•,,, . , . , .. I1 pl t II l i VII '1"i 11: 1;1, , III 111 I ,
, j,,, 'i !' 'l I 11 1 0 1 11 1' 1 '1 1 '11 4 ! ilt 1111 I li II 111 IIII! Neil' 1 1111 1
p r' 25th „ • „ d of , July • "1 I'' ,i',,,,I 1 , 96 . ( , III ll l,i i i ! . • ' ,;,.:. , ., „ , , , y . 19 . " ! 1 1 M W, A Secretary
. , . 1 ' 1 • ' , ' 1 ' . . : ' 1 11L,.,1v11 p , , r , , , p 1 7 r 1 1 1 d , i i d , : ! ! : ' 1 ' 6 1 I l l s ! !!t' , ; all I l 1 1 1 l s I ! l 1 11T ■ 1: 1 h 11ll 1' ,11!111 111 11
, Only a certified copy of Power, of Attorney bearing the Certificate of Authority No, printed In red on the upper righ comer s b nd ng:, Photocopies, carbon copes or
:other reproductions of this document are invalid andnot binding upon the Company. 11111;1 1 1111'!1 I I 1 11 1 11!1+ I I!; 1 ! 11
, • • ''• I . I. ,' ,1.11 1 Ill Ihi1! 111 111 1 Il i 1 i ll !i ll1111 11 1 1 1 1 1 1. 1,1 111 111 1 1 1 1 1 11 I1
' ANY INSTRUMENT, ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE',IS TOTALLY VOID AND WITHOUT ANY VALIDITY
1 I
29550'Rev. 1.90 Printed In U.S.A. ! I II ,; 1 1 1 !Pi'''1;i1 ! 11111 11 t h j 1111 111i 1 1 11111 1 111' I 1 1 111111 I h! 1 I 1 i ll
1 II VIII III II I III I I 1 11
,, .: ",• ... • I . II I I 1 !j•U '1 a III,I,•: 1 I l l 1 i ! i 1' I 1 ' I I 1 ! I
f ... , . .. hurl ai;;; , :,l.i, I •li 1111111 Ili Il!III r ;d !11111 I :bill 1i! Id! 111 II lull !1i111 1 1 1 I'll I l l y 1 I i
I n 1 1
!ill 11, t 11 'hill', 111 11 It71 i Ili a 11 11
hrI it i l
'2 Iohn eyer, William R. Hamm, W. Boger Garrett, M.L. 'Fenimore, Shelly L. 1 1 11 1
day and year first above written.
A � ? 7E�Y
mama ,., ..a.��F?:.,.8;.�.
Insurors and Investors, Inc.
P 0 BOX 1213
Salina, KS 67402 - 1213
(913)825 -0286 Fax(913)825 -5098'
aw 4 s " z oi
�,��• 'sst a .y <s�+ 8 / 2/1996
CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ALTER THE CERTIFICATE BY THE P OLIC IE E S BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A 'CNA- Transportation Ins. Co.
ENSURED
Ballou Construction Co., Inc.
P. 0. Box 2300
Salina, KS 67402 -2300
COWAN(
B
CCMFAFry
0 ,
COMPANY
„.4..&, "EFi...,.s<L4'• Hal).. '.a .,.. ,.. : • , ,:r :.z _:s i ` :i :.,0. , ..40- , <` 1.4 . .z4 ::1: ' ms s. &i• 4:;'.a..... rz, r,
THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE Bit ISSUED„TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWTTHSTANDIND ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTI:41QT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE PQUCIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1
TLPE OF INSURANCE
POLICY NUMBER
POLIer EFFECT=
DATE ONVOINTY)
FOLICr ETPwA1tON
PATE (YM/EDNY)
LIMIT
,
A
oENERAL
LIABILITY
COMMERCIAL GENERAL LIA5LITY
0111327547
03/31/96
03/31/97
Gf!
1 1.000,000
FR000DTS . cO.IPATP AGO
$ 1 000.000
f 1,400.000
0.5219 MADE
fl OCCUR
PE550NAI. & ACV INJURY
X
mars & CONTRACTORS PROT
P-56015 -B
EACH OCCURRENCE
$ 1 000,000
0 00.000
FsE DAMAGE (My mam>
G17957E
LEDTJIPtam one mean/
1 5.000
A
AUTOUOBILE
LIABILITY
ANY AUTO
AIL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNE0 AUTOS
Con tr
01 17327550
03/31/96
. ,
_
03/31/97
COMBINED SINGLE UM
3 1000,
_
EMILY MOST
(Po MIA.)
$
MOLY INJURY
(Pp AxWaW
1
PROPERTY DAMAGE
3
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY. EA ACCIDENT
3
OTHER THAN AUTO ONLY.
''''"'''' ., ....... ,
EACH ACCIDENT
3
AGGREGATE
S
MESS LIABILITY
R UMEPELLA FORM
OTHER
OTHER MAN UM$REI l A FORM •
EACH OCCURRENCE
1
AGGREGATE
1
L
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTN S5. CURVE
0550551 ARE:
NCL
lag.
0117327578
03/31/96
_
03/31/97
IToRr } T`" TS I 1E
•,,,,,,.;.g.,;/..:4,,,,, =:•a:
EL EACH ACCIDENT
1 600.000
EL DISEASE • POLICY LIMIT
D.
L 500.000
DISEASE - EA EMPLOYEE
1 500.000
OTHER
* or any material change
be made
DESCRIPTION OF OPERATIONBAACATIONB /YFNIOLE0RPECU.L ITEMS
Resolution No. R96072510F, Street Maintenance Program /Micro Surfacing
1996. City of Round Rock is Additional Insured for GL /Auto. Waiver
of Subrogation is provided on Work. Comp. Contractual Liability is
included in GL /Auto. TX is named in 3A of Work. Comp. policy.
COliFicl+,T,6 flbCb ft•:....., `t .A.- �..,..w1? : '�.: : a<_....G
City of Round Rock
Alvin L. Wille, P.E., R.P.L.S.
221 East Main Street
Round Rock TX 78664
ACOFtU'•25 =S• {1195} . .... , .
if ln''ikif ;,> . ' ^. ._. , ... , c.�.• = ` -
y:
MOULD ANY OF ME ABOVE DESCRIBED POLICIES 6E CANCELLED BEFORE THE
E%PIRA1ON DATE 'THEREOF. THE ISSUING COMPANY WLLLMOIN305XX70013AIL
30 DAYS WNnTEM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
s Rx1RSIcrO2uaL tT, AIN1 10; LYAu101 k1Si]iEMITYISITOT?c01111ii
' x x x
sax xwa xx�»A1Nxtra xtuoroxt0x xrdxrar4Lnawmx
140000 •. A / `
' -1 '. ._.. ,. ;.0,A0Oiip'CgRPOh$.i1dNO983 "0
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
08/14/96 14:08" %Y913 825 5098
INSURORS &INVEST.
8091
To: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
TYPE OF POLICY EFFECTIVE
INS. NO. DATE
Workmen's
Compensation
Comprehensive
General
Liability
Includes
Contractual
Liability
Covers
Independent
Contractors
Owner's
Protective
Contractors
psthid96smp /specAW
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 operations hereinafter described, for the types of
insurance and in accordance with the provisions of the standard policies used by this company, and
further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof. .
PBD -7
EXPIRATION
DATE
LIMITS OF
LIABILITY
Statutory, State of
Texas, $
Employer's Liability
Bodily Injury
$ /person
$ /person
Property Damage
$ ' /accident
$ aggregate
Bodily Injury
$ /person
$ /accident
Property Damage
$ /accident
$ aggregate
Certificate of Insurance (continued)
Comprehensive Bodily Injury
Automobile $ /person
Liability $ /accident
Owned Vehicles Property Damage
Hired Vehicles
Non -owned Vehicles
Includes Contractual Liability
Contractual
Liability
The above policies either in the body thereof or by appropriate endorsement provide that they may not
be changed or canceled by the insurer in less than thirty (30) days after the insured has received written
notice of such change or cancellation.
The Certificate of Insurance neither affirmatively or negatively amends extends, or alters the coverage
afforded by policy or policies indicated by this certificate.
pstbid96.smp/specAW
Name of Insurer
By:
Title:
Address:
PBD -8
$ /accident
BOND NUMBER 46n 77.5 31,.,2
KNOW ALL MEN BY THESE PRESENTS,
Thatwe, J%JLak Cmn ut i PCS ,eax 6 2,360
i u ,LAS (v7 /6-R —.2306 (hereinafter called the "Principal ") as Principal,
and the ( ?4 'aF 4 a n,(as. Cr. a Corporation duly organized under the
laws of the State of Pa.tnns and duly licensed to transact
business in the State of 7 ,ea_S (hereinafter called the "Surety"), as
Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS
(hereinafter called tll "Obligee "), in the sum of
�,rclaf��Vy —s� dolk,r, 4"Kats dollars ($ .,?-2) ) for the
payment of which sum well and truly to be made, we, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly, by these presents.
Sealed with our seals and dated this c2.5 day ofe7u -/y , A.D. nineteen
hundred and "Lindy S T,r
pstbid96.smp/apecAW
MAINTENANCE BOND
PBD -9
AMOUNT �.1 G 47 57)
WHEREAS, the said Principal has heretofore entered into a contract with The City of
Round Rock, Texas. Dated July 25, 1996 for construction of:
STREET MAINTENANCE PROGRAM /MICRO SURFACING - 1996
WHEREAS, the said Principal is required to guarantee the construction of all
improvements installed under said contract, against defects in materials or workmanship,
which may develop during the period of one (1) year(s) from the date of acceptance of
the project above described, by Owner:
The City of Round Rock, Texas
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if
said Principal shall faithfully carry out and perform the said guarantee, and shall, on due
notice, repair and make good at its own expense any and all defects in materials or
workmanship in the said work which may develop during the period of one (1) year(s)
from the date of acceptance of the project above described, by Owner:
The City of Round Rock, Texas
MAINTENANCE BOND (continued)
OR shall pay over, make good and reimburse to the said Obligee all loss and damage
which said Obligee may sustain by reason of failure or default of said Principal so to do, ,
then this obligation shall be null and void; otherwise shall remain in full force and effect.
n /ti, marts Ce
/ Awed eicesiXdcno4.1 31-;
Principal
BY Q604.40 tT j''4/ 6 " - *c6 f /4Z *fl
pstbid96 smp/spccAW
PBD -10
ON/zz, iIL ✓L2
,® kr C. Lis kr e.--y e'
TheS'PaUl ST. PAUL FIRE AND'MARINE INS
URANCE COMPANY i'•!
; S <:.y q 385 Washington Street, St. Paul, Minnesota 55102 '1!I ll.ti : I11it
a t Y 3
CERTIFIED For venfication,of the au ty , y f Authority 21 -3 ask.
C .. Certificate e , ou ma No. tha ed individual(s). !•
:' 1111, .. •!
thentici of this Power of � y y tel hone � 1 -800 -4 80 and as
COPY NO. '� the Power of Attorney Clerk.�Pleaso refer, to the Ce cateo No. and Inam 'dual ). •1111',1 ' !1
F - 12062 GENERAL POWER OF ATTORNEY - CERTIFIED COPY
:; (Original on File at Home Office of Company. See Certification.)
1911774 ,1 ,
{{ (; p al I:I'Pji! 1
! I . ,. ., �, .; , .,,., • . .. ...... .... ,. .d.,,,,;,. 11 I ( � ::j�,' I 1 1111! , I!!I
l , KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under, the aws of the State I
; .
of Minnesota, having its pnncipal'office in the City of St: Paul; Minnesota, does hereby constitute and appoint .11 tt. l 1 t1 I 1 ' ' 1 I "'!1 I 1 1 1
1,, lirle.•1• '1 ,11 '!:,i.!,II! id 1 1; !1;' I
J U. King, James D. Wilson, Br R., Smith, Philip C. Brenda John C. i l! ,q1 ! ,!
Lohneyer, William R. Hamm, W. Roger Garrett, M.L., Fenimore, Shelly 'L.''',1
' Flores, individually, Salina; Kansas -II 111 iliiiili; '! d, required !,
i 1•''. •,'I ,,!, ,I!,, !�'I!,i!i'•'I!'!'1!l.' Iijli, i!,II'!!I!!1i: !'; I' ' !1 !I i I !19
3• i ,ii 1,':; I !; i'!!,!::,,inl'•; 1, 1'�'li Ii' I ;!! IllIy i!!! i!�!!II!tfil li,ii�jilji;!' :I!1!!; j ( !I 111! !I !I• j
1 its true and lawful attomey(s) -in -fact 10 execute, seal and deliver 'for and on tis behalf as surety, any and all bonds and undertakings, recogn , contracts: of '
11 indemnity and other writings obligatory in the nature 'thereof, which, are or, may be allow or pemdtted aw statute, rule, re gulatio n contr or 1
!' • otherwise ■ I ,U. '. 11 . 1;1 p, .'r ; , I :, • ! , , l • ,, a ! !, ,..
,, , :ii;•� .':ij' , ! , '�!I : I'II 1! 'by 1! ! i:i, {; Ii ,,, ! „i 1 !
j I';! 'i ! ! 1 1 I 1,011 !ii I. i II . 11.9 i l i ' 1' ! I
L. , I ' :I,' , ,�' I 'iii; ,! -; , J,bi „l,:q!!!:„ n q i ,ii'� r „ � •i'!�r:',I•h r � I!Ilijll ,,!!' , t ;
NOT TO EXCEED IN PENALTY' Tim SLIM TEN IIi CON DOLC ARS ($10,000,00) EACfi lIi 1111:!
, 1 rill:,; .1111'! 1 ,1 1 ;' 1 1 11'•!; '' r! t 1!11 1111 u!! 1!11 1 11 1 ; hill I'
, !D'Ip ' I! i' M 1,;:!;;,,!; Iii ! ! ! e aU, d I 1,11 I ,1, ;!� 11 : I n
of all such �instmmenl s m pursuance of these � I 1 I I (,,) II , a .! fully' 1 p
I and the ution O • p ese ., ,• ,',u shall �t:,,d. • ;I'�,'!! .,I,!pl, rI.!; 11;., . U -;, I,tl':d P! .. ,! "11.IIII!:il:!I;!!1' }h!•.,;,, 1!; iii .! .: .I 1 11.
f ..1 ,
' presents, be as binding St. Paul Fire and'Mnrine Insurance Company as and, '
I amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at. its principal,office „' , !, !;,, i
I ' This Power ,, a . , il ' :L!I I l d 1111 1 111 Ij
of Attorney fs executed, and may be certified to and may be revoked, ppursuant:to and byauthority of, Article V, Section 6(C),,of the. By -Laws adopted by
Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY, at a meeting called wad held on ,the'28th day of Apnl, ;1978, of which the fo lowing,
I. scnptofsaidSection 6(C): „ I,.' "!U,I;i''' n "iii,il , I ; lid!
,1 '!!ryP:p;t1
!..�!!!!1111l Ill; l' 111Iii'' I! iLli; 1lnlil ;,in,I,1,Ali•'';11„Al.'11 °I 11,1,1!!,f;ji'!:I
President or any Vice President, AssistantlVtce' President, Secretary or Service Center General Manager, shall have power and authority , IL'1, 11 I 1 ull1!Ilul
(1) To appoint Attorneys -in -fact, and to'authorize them to execute on'bebalf of, the Company; and' attach the Seal of the Company thereto, bonds andl
' undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof„ and dr,:'•'i.e.b,gi, 1.e , ,.1 d'^' "Whr : - •'4I'
(2) To appoint special Attorneys -in -fact, who are hereby authorized 10 certify Ito copies of any power-of-attorney 'issued in pursuance of tins section ,
and /or any of the By-Laws of the Company, and •..I • " ,,, ;1 ,P , ,a1, •• ,11 1 ,„ � .. " ;1.1t ,, , n,!, „'1' ll'li,jt 11'' 11 '
(3) To remove, at any tune, any such Attorney -in- fact or' Speci u alAttomey- in- factandrevoketheauthotity given rum ",1i1!IIIlletkild' "''I',!111'intt, 1!1'11
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adoptedlal a'meeting drily called' andl
held on the 5th day of May,1959, of which the following is a true excerpt: ,!!i!L !,''!ililll 1!!'''' 1111° 1 1;1 1 ;j'I'j'11!I',! iii11 ;111.l 1!II !.Ii,li; i,; lil'j'I!!il!11:Ii 1!i'I1IIjl!ill!Ij',; Ijl! 1;,1;!ii !Ii iii
'" 1 ," "Now therefore the signatures of such officers and the seal'of'the Company may be affxedlto any such, power o6 attorney or any certificate relating , theretoby
facsimile, and any such power of attorney or certificate beanng such 'facsimile signatures or,facsunile seal shall be vafd, and binding upon the Company and
any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in; the future with respect'10
an bond o undertaking to which it is attached: " ,•:,, 1 : 1
Y g ! !'i',' !' l;lq ; ' I!; ,' ;1,.,,,';!Ii;''i', i 1,., 4'' i ;'!ili.0!Iaiii!illi!,I;ilil,iil I ii{!;I .0 00 i���1l" I! Ilrii! r! lilil!I;LIIIIIIIII�JIii!i:ilii;
IN TESTIMONY WHEREOF,,St. Paul and'Marisse Insurance Company has caused tlus'insmtment to belsigned'and'its corporate
seal to be affixed byitaauthorixedofftcer ,' this 30th day of November, A D.1199o.,1111 1 1 1 1 1 1 1 1'1 1 11 i1! 1111 1 11111 ' ' I'l
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•, ! :'! Hlr ''! Ili I'''�' I !Iial. ! 1 �l l Ip l: I I1f1 11 , ! 1. Ih41?IIIIII,11 I
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Count of Somerset . , ,; }ss i �., !� ! ! I {1 1 , : p !
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Y 1 ''':1' ;1 ( ' i "', :' I ,' I,• •1 1 1 j 1 1 I; III KENNETH J. RYAN, Secre ■
; ■ . n'1!!:i1' {% j ill 1 11;1 ! L ;, � !'I 11 II lift t:11;11 I I ', t(1 I I'i 1'111;11 u' LhP1 1' 11 »lple .. 1fplt4!U; ! 1
On this ' • ' 25th l day of H. February In „ i ,1 9 'i 94 before me came the individua 1 who executed the preceding instrument, to me ,I
' personally known, and, being by me duly sworn, said thatihe/she is the therein described, and authorized offcer of St, , Paul ,Fire,and,Marine Insurance Company; 1
that the seal affixed 'to said Instrument as the Corporates Seal of said Company that the said Corporate Seal and, hisiherisignaturewere duly affixed by order of the !,
Board of Directors of said Company. 'i :.1, 11,;11! ; ;,,.ii,1„1;.r!I, 1 " ^ °'1 i i 1'1'lL,, , 11!'''1' 11 1 y l '111:!1: ,d
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IN TESTIMONY WHEREOF,'1� have hereunto se my hand and affixed my Off cial Seal, at the towns of B edmi n s ter, Ne Jersey the
day and year first above written. '; '; ' I'.' !• I I 11 1 1'
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I I ,
l i I ( LINDA S , Notary Public,'Mrddlesex, N1
CERTIFICATION
I, the undetstgned officer of St. Paul Fire and Marine Insurance Company, do hereby cerf fy that I have compared the foregoing copy of the Power, of Attomey and
affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney w th the ORIGINALS ON FILE IN THE HOME
OFFICE OF SAID COMPANY, and thafthe same are correct transcnpts thereof, :and of the•whgle of the sa'd origin s; and that the said Power, of Attorney has not .
been revoked and is, now in full force and effect .,.' t'.;r:,,,11,,,..I•t!,1111111 ;1 i.11111iI1 !I! I1l Il 1111 II 1111 II„�CIiI'ni1i11 "p" 11 111i1i!ilil
1., 1 , 1 I I I l 1 1
1 II li i I. MY Commission Expires Decemberl6 996
;1 11 1 I j ! 1 49) 11!11 :j I I'Iryl! 'I! {' 1 'I I I' I1 Ii 1 "il
Ip'm• i ;•1, i t : , . 1 1111 Ii 1 1 111. e III! III;. ,lfllliq e 11 1IC 1:iI 11,l�J'1 .I 1'left !1' 1,!
IN TESTIMONY WHEREOF, I have hereunto set my hand this ' _
, y , ' 1, , i 1 ' ' , � ' l 11 . , : „ i i ; $;''''; ::'i; i t ' l l I I I I j i l . 1 ! I l I I I I;1; r u� II I d r !U' wa i1 !'
�,•���� °! I' ! 25th r 1 ! Jul ,',I,I!!i !!1 i 1.1 . 96 111 II!
1 {1;11 day o Y , 19 I i I I i ' 1 I I i� i MICHAEL W. ANDERSON, Secretary
11j,1h,. ,, ,, '. , , 1, ' 1, 1• u, l; i n 1,.r 'I „1 C I ! 10! 1.'' 1 f! Uh1•, I :P
copy of Power of Atto
Only a certified comey bearing the Certificate of Authority No. printed en red on the upper Mph comer s''binding'. Photocopies carbon copies or
other reproductions of this document are invalid'and not binding, upon, the Company..;; '! 1 !I, ' 1 il!r!;1 , 1 X11 1 1 1 j1I " 'I I I I I !,!, 11111 ; I ;1 ;1 ! ';'1 1!1111 1 'll! I'
n , . ,,, : , ,,,, I , "' 1 ,1hil ' 1 ll1; 11x 111111 1, 1 IIIil'i1 Int,I. 1111.;11, II 1 ll!l. I
ANY INSTRUMENT ISSUED IN EXCESS'OF THE PENALTY AMOUNT STATED ABOVE)S TOTALLY VOID AND WITHOUT ANY VALIDITY. III 1
l lr: ,. ,•', ;, 1. ;1 1 1!! ''1 !.II 1 1 11 ! " I'11 'f II I' i t !1:1' I
,1 :I i!;i : II; 1 111 1 1 i ; I; )� I I� I1!! { 1! it i 1 i 1 I ;I
":111 1;11 41 ! i 1, I 1 I i1 1 i C !1 !, 1, ! ' 1,. ! ! I
l i
29650 Rev. 1 -96 Pdnted9n U.S.A. •h ;I p' 11!.1' ` !;, i' I I: I!I II � 1' ; 1 I I !
,•,: , 11 :::,x.11111•,1; ; iII, ilU.! Illilluil( i, L, IIlilth, i( uhl i1„ L 1 llidl
Ii); ki ,7iI111I:III11u11J
Ail 11
4.0 GENERAL CONDMONS
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Contents
1. Definition of Teens
1.01 - Owner, Contractor and Engineer
1.02 - Contract Documents
1.03 - Subcontractor
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
2.01 - 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 Workers
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
2. Responsibilities of the Engineer and the Contractor
g<ncond m.U.pc<
General Conditions of Agreement
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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
3.13 - Protection Against Claims of Subcontractors, 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
3.21 - Testing of Materials
3.22 - Wage Rates
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
gcncond msUspcc
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6. Extra Wodr and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Continuing Performance
6.06 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 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 Contractors
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
gcncond m sUspec
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1. Definition of Terms
1.01 Owner, Contractor and Engineer
1.02 Contact Documents
1.03 Subcontractor
1.04 Sub - subcontractor
cenoona m:v:r«
General Conditions of Agreement
The Owner, the Contractor and the Engineer and those persons or organization identified
as such in the Agreement and are referred to throughout the contract Documents as if
singular in number and masculine in gender. The term Engineer means the Engineer or
his duly authorized representative. The Engineer shall be understood to be the Engineer
of the Owner, and nothing contained in the Contract Documents shall create any
contractual or agency relationship between the Engineer and the Contractor.
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 documents
before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be
as binding as if called for by all. In case of conflict between any of 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.
The term Subcontractor, as employed herein, includes only those having a direct contract
with the Contractor and it includes one who fumishes material worked to special design
according to the plans or specifications of this work, but does not include one who merely
fumishes material not so worked.
The term Sub - Subcontractor means one who has a direct or indirect contract with a sub-
contractor to perform any of the work at the site and includes one who fumishes 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.
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1.05 Written Notice
1.06 Work
gencond nstis,cc
Written notice shall be deemed to have been duly served if delivered in person to the
individual 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.
The Contractor shall provide and pay for all materials, machinery, equipment, tools,
superintendence, 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,
fumish satisfactory evidence as to the kind and quality of 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 Alteration," herein.
1.08 Woridng 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 Substanti ally Completed
By the term "substantially completed" is meant that the structure has been made suitable
for use or occupancy or the facility is in condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
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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 asset 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 instructions to the Contractor shall be
issued through the Engineer.
2.02 Professional Inspection by Engineer
2.03 Payments for Work
gencond msUspec
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 Contractor, 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.
The Engineer shall review Contractor's applications for payment and supporting data,
determine the amount owed to the Contractor and recommend, in writing, payment to
Contractor in such amounts; such recommendation of payment to Contractor constitutes
a representation to the Owner of Engineer's professional judgement that the work has
progressed to the point indicated to the best of his knowledge, information and belief, but
such recommendation of an application for payment to Contractor shall not be deemed
as a representation 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.
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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 (10) days. Appeal to arbitration upon mutual agreement may be taken as if his
decision had been rendered against the party appealing.
2.05 Objections
gcncond ms✓spec
In the event the Engineer renders any decision which, in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract, either party may
file with the Engineer within thirty (30) 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 fumished 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
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
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employees and other persons, as well as for the protection and 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 information
being to define with specificity the agreement of the parties as to the work the Contractor
is to perform. Contractor shall be 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 drawings 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 performed,
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 completed construction work will conform thereto, and shall in no way relieve
the Contractor from full 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
gcncond msUspec
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 effect the
work under this contract. The Contractor agrees that he will make no claim against the
Owner or the Engineer it in the prosecution of the work, he finds that the actual site or
subsurface conditions encountered do not conform to those indicated by excavation, test
excavation, test procedures, borings, explorations or other subsurface excavations. No
verbal agreement or conversation with any officer, agent or employee of the Owner or
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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 Workers
The Contractor agrees to employ only orderly and competent workers, 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 workers on the work are,
in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the
Engineer in the absence of the Superintendent, such worker 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
gencond msJspec
The building of structures for housing workers, 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 observation, 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 delay
in his own work or in that of any other Contractor, four (4) checked copies, unless
otherwise specified, of all shop and/or setting 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 corrections
required by the Engineer, file with him two (2) corrected copies and furnish such other
copies as may be needed. The Engineer's review 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 responsibility 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
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time.
gemmnd m.V.pcc
Such review by the Engineer shall be for the sole purpose of determining the general
conformity of said shop drawings 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
relation 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 fumished 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, re- examination and replacement
shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as
Extra Work, and shall be paid for by the Owner; 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 Defects 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
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be in full accordance with this contract.
2.15 Changes and Alterations
gencond mat/spec
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 expense incurred in preparation 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 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 Contractor their respective reports, opinions, questions, answers and
clarifications concerning the plans, specifications and work but shall not 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 conceming
the prosecution 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 Engineer or Owner
to independently act for either or answer on behalf of either, any inquiries of the
Contractor 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
GC -11
umand mWspec
shall release Contractor from his duty to complete all work in strict accordance with the
plans and specifications or stop the Owner or Engineer from requiring that all work be
fully and properly performed including, if necessary, removal of defective or otherwise
unacceptable 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 (1) copy of the same constantly 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 therefore 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
modification thereof and all approved additions and alterations thereto.
3.04 Right of Entry
The Owner reserves the right to enter the property or location of 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.
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3.05 Collateral Contracts
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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 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
The Contractor shall provide written notice to the Engineer of any omissions or
discrepancies found in the contract. 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 for construction, and in the event of any discrepancies between
the separate contract documents, the priority of interpretation defined under "Contract
Documents" shall govern. In the event that there is still any doubt as to the meaning and
intent of any portion of the contract, specifications or drawings, the Engineer shall define
which is intended to apply to the work.
3.07 Equipment, Materials and Constriction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection
of all materials, 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, omission, 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
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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.
In the event there is an accident involving injury to any individual on or near the work,
the Contractor shall immediately notify the Owner and Engineer of the event and shall
be responsible for recording the location of the event and the circumstances surrounding
the event through photographs, interviewing witnesses, obtaining of medical reports and
other documentation that defines the event. Copies of such documentation shall be
provided to the Owner and the Engineer for their records.
3.10 Performance and Payment Bonds
Unless otherwise specified, it is further agreed by the Parties to the Contract that the
Contractor will execute separate performance and payment bonds, each in the sum of one
hundred (100 %) percent of the total contract price, in standard forms for this purpose,
guaranteeing faithful performance of the work and the fulfillment of any guarantee
required, and further guaranteeing payment to all persons supplying labor and materials
or furnishing him any equipment in the execution of the Contract. If the contract price
is $25,000.00 or Less no payment or performance bond shall be required. It is agreed that
the Contract shall not be in effect until such performance bond or letter of credit, and
payment bond are furnished and approved by the Owner.
Unless otherwise specified, the cost of the premium for the performance and payment
bonds shall be included in the price bid by the Contractor for the work under this
Contract, and no extra payment for such bonds will be made by the Owner. ■
Unless otherwise approved in writing by the Owner, the surety company underwriting the
bonds shall be licensed to write such bonds or letters of credit in the State of Texas.
3.11 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.
3.12 Protection of Adjoining Property
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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 construction; 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 Subcontractors, Laborers, Materialmen and Fumishers of
Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless
from all claims growing out the lawful demands of Subcontractors, laborers, workers,
mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power
tools, and all supplies, including commissary, incurred in the furtherance of the
performance of this contract. When so desired by the Owner, 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
genccnd msU,pec
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 copyright 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 Owner; provided, however, if choice of
alternate design, device, material or process is allowed to the Contractor, then Contractor
shall indemnify and save Owner harmless form any loss on account thereof. If the
material or process specified or required by the Owner is known by the Contractor to be
an infringement, the Contractor shall be responsible for such loss unless he promptly gives
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such information to the Owner.
3.15 Laws and Ordinances
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The Contractor shall at all times observe and comply with all Federal, State and Local
laws, ordinance 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, ordinances, 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 necessary
changes shall be prepared as provided in the contract for changes in the work. If the
Contractor performs any work knowing it to be contrary to such laws, ordinances, rules
and regulations, and without 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 Attomey, 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 contract,
shall not relieve the Contractor from his full obligations to the Owner, as provided by this
Agreement.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer
and their respective officers, agents and employees, from and against all damages, claims,
losses, demands, suits, judgements 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
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including Contractor's property (other than the work itself) and the property of any
Subcontractor of 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 Subcontractor, any Sub - subcontractor or 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 of maps, plans,
reports, surveys, Change Orders, designs or specifications, or the approval of maps, plans,
reports, surveys, Change Orders, designs or specifications or the issuance of or the failure
to give directions or instructions by the Engineer, his agents or employees, provided such
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 obligation 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 Subcontractor or Sub- Subcontractor
under workmen's compensation acts, disability benefit acts or other employee benefit acts.
3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
Definitions:
Certificate of coverage ( "certificate ") - A copy of a certificate of insurance,
a certificate of authority to self - insure issued by the Texas Workers'
Compensation Commission, or a coverage agreement (TWCC -81, TWCC-
82, TWCC -83, or TWCC -84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services
on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's /person's work on the project has been
completed and accepted by the governmental entity.
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Persons providing services on the project ( "subcontractor" in & 406.096 -
includes all persons or entities performing all or part of the services the
Contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the Contractor and regardless of
whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers,
owner- operators, employees of any such entity, or employees of any entity
which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project,
such as food/beverage vendors, office supply deliveries, and delivery of
portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project. This coverage shall include the following terms:
(a) Employer's Liability limits of $100,000.00 for each accident is
required.
(b) "Texas Waiver of Our Right to Recover From Others"
Endorsement WC 42 03 04 shall be included in this policy.
(c) Texas must appear in Item 3A of the Worker's Compensation
coverage or Item 3C must contain the following: Ass States except those
listed in 3A and the States of NV, ND, Oli, WA, WV, and WY.
The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the govemmental
entity showing that coverage has been extended.
The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
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project; and
(b) no later than seven calendar days after receipt by the Contractor,
a new certificate of coverage showing extension of coverage, if the
coverage period shown on the current certificate of coverage ends during
the duration of the project.
The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should
have known, or any change that materially affects the provision of coverage of any
person providing services on the project.
The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services on project, to:
(a) provide coverage, based on proper reporting of classification codes
and payroll amounts of filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
of its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on
the project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the project,
for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide
to the Contractor:
(1) a certificate of coverage, prior to the other person beginning
work on the project; and
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gcncond msUspec
(2) a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(e) retain all required certificates of coverage on file for the duration
of the project and for one year thereafter;
(f) notify the govemmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the person knew or should
have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts, to
perform as required by paragraphs (a) - (g), with the certificates of
coverage to be provided to the person for whom they are providing
services.
By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor is representing to the govemmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self - insured, with the Commission's Division
of Self- Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
The Contractor's failure to comply with any of these provisions is a breach of
contract by the contractor that entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten calendar
days after the receipt of notice of breach from the governmental entity 4
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.
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 $100,000 for each person and $300,000 for
each occurrence and Property Damage minimum limits of $50,000 for each
GC -20
gcncand mat/spec
occurrence. Contractor shall require subcontractors 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 required insurance and until such insurance has been approved by the Owner
and Engineer. The Contractor 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 insurance 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 location and the
operations to which the insurance applies, the expiration date, and the above mentioned
notice of cancellation clause.
3.19 Final Clean
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 ofaw
year from the date of acceptance of the project. Said warranty binds the contractor to mnect
GC -21
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 discovered 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
3.22 Wage Rates
4. Prosecution and Progress
4.01 Time and Order of Completion
gencond msJspee
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 acceptance 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, miscellaneous steel, cast iron materials, etc., the
Contractor will be required to fumish a manufacturer's certificate stating that the material
meets the requirements specified for this project.
Contractors are required to pay the prevailing wage rates to laborers, workmen and
mechanics employed on behalf of the city engaged in the construction of public works.
The wage rate for these jobs shall be the general prevailing wage rates for work of a
similar character. This applies to contractors and subcontractors. The contractor and
subcontractors shall keep and make available records of workers and their wages.
Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor
Statistics, Southwestern Division and the Texas Employment Commission for the Austin
Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the
U. S. Department of Labor, Employment Standards Administration, Wage and Hour
Division. There is penalty of $10.00 per worker per day or portion of a day that the
prevailing wage rate is not paid by the contractor or any subcontractor.
GC -22
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It is the meaning and intent of this contract, unless otherwise herein specifically provided,
that the Contractor shall be allowed to prosecute his work at such times and seasons, in
such order of precedence, and in such manner as shall be most conducive to economy of
construction; provided, however, that the order and 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 completion 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 unavoidable 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
compensate 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. Adverse weather conditions will not be justification for
extension of time on "Calendar Days" contracts.
4.03 Hindrances and 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
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1
5.02 Estimated Quantities
grncond msUsp<c
No extra or customary measurements of any kind will be allowed, but the actual measured
and/or computed length, area, solid contents, number and weight only shall be considered,
unless otherwise specifically provided.
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 done and material to be
furnished under this contract, they are approximate 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 fumished under this contract may differ somewhat from these estimates, and that
where the basis for payment under this contract is the unit price method, payment shall
be for the actual amount of such work done and material furnished.
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 quantity of any major item should
become as much as 20% more than, or 20% less than the estimated or contemplated
quantity for such items, then either party to this Agreement, upon demand, shall be
entitled to 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 that five (5) percent 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 embraced 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
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5.04 Partial Payments
gcncond msUspcc
On or before the 1st day of each month, the Contractor shall submit to the Engineer a
statement showing the total value of the work performed up to and including the 25th day
of the preceding month. The statement shall also include the value of all sound materials
delivered on the job site and to be included in the work and 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 and approve such
statement.
The Owner shall then pay the Contractor on or before the 20th day of the current month
the total amount of the approved statement, less 10 percent of the amount thereof, which
10 percent shall be retained until final payment, and further less all previous payments
and all further sums that may by 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, and 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 conditions 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 portions 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 "substantially completed" and when so notifying the Engineer, the Contractor shall
fumish 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 completion" of the structure or facility
shall not excuse the Contractor from performing all of the work undertaken, whether of
a minor or major nature, and thereby completing the structure or facility in accordance
with the Contract Documents.
5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that the
GC -25
gencond mstspec
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 Contact Documents, the Engineer 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 Contractor 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 measurements 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 due 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
fulfillment of any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or tiullify 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 the Owner or another contractor's work, material or equipment.
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 completed within the contract time.
g) Other causes affecting the performance of the contract.
When the above grounds are removed or the Contractor provides a Surety Bond
GC -26
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 statement, 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 hereunder.
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
gencond.msJspec
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.
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.
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 increase 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
GC-27
Any request by the Contractor for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
gencond msJspcc
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.
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 methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) 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 (15) 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
transportation 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 available 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
GC -28
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 incorporated in the Written Extra Work Order. The fifteen (15 %)
percent 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
primarily 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 provided 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 Continuing Performance
gcncond msU.pcc
The Contractor shall continue performance of the contract during all disputes or
disagreements with the Owner. The production or delivery of goods, the furnishing of
services and the construction of projects or facilities shall not be delayed, prejudiced or
GC -29
6.06 Arbitration
g<ncond m al/spec
postponed pending resolution of any disputes or disagreements, except as the Owner may
otherwise agree in writing.
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 written notification from the Owner, or the Engineer, or if the Contractor fails
to comply with the orders of the Engineer, when such orders are consistent wi th 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.
GC -30
gencond msUspec
After receiving said notice of abandonment the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same,
together with any materials and equipment under contract for the work, may be held for
use on the work by the Owner or the Surety on the performance bond, or another
contractor in completion of the work; and the Contractor shall not receive any rental or
credit therefor (except when used in connection with Extra Work, where credit shall be
allowed as provided for under Section 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
Contractor, 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 therefor. 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 notified 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 Contractor and/or his Surety,
GC -31
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 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
gcnccnd ms J pec
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 khave 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
GC -32
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
gencond msVspce
notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
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 fumish to the
Engineer in writing for acceptance 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
Subcontractor 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 designated, 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 submitted 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 -33
8.02 Subcontractual Relations
gcncond msUspce
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 Subcontractors 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 Documents;
(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;
(4) 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 completed, 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
GC -34
gencond mst'spec
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 coordinate his work with theirs.
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 to so 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 attomey'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 complete his work except as otherwise specifically provided in the Contract
GC -35
gencond mslspec
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 bome 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 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, pavements, 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.
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.
GC -36
gencoad mst/spec
The following is a list of requirements in addition to Federal, State, and Local Laws and
Ordinances.
1. The Contractor shall fumish the City of Round Rock with a Certificate of
Blasting Insurance in the amount of $300,000.00 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 explosives. If
Blasting is covered under the Contractors 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 approval 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 5, Section 5.200,
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 responsible for
all claims resulting from his blasting operation.
All damage or Loss to any property referred to in this article caused in whole or in part
by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
GC -37
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 designated in writing by the Contractor to the Owner and
the Engineer.
10.03 Location and Protection of Utilities
gencond msUspce
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 -38
5.0 SPECIAL CONDITIONS
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 FURNISIIED
01 - 05 LOCATION
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 and Specifications and four (4) sets of
Plans free of charge, and additional sets will be obtained from the
Engineer at commercial 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 cif delay
beyond the number days of herein agreed upon for the completion of the
work herein specified and contracted for, after due allowance for such
extension of time as is provided for under the provisions of Section 4.02
of the General Conditions, the Owner may withhold permanently from the
Contractor's total compensation, not as penalty but as liquidated damages,
the sum of $300 per calendar day.
The location of work shall be as mentioned in the Notice to Bidders and as
indicated on Plans.
specond.gat/aw.spec SC-1
1
' 01 -06 USAGE OF WATER
' All water used during construction shall be provided by the City. The City
shall specify the location from which the Contractor is to procure water.
The Contractor shall be responsible for providing all apparatus necessary for
1 procuring, storing, transporting and using water during construction. The
Contractor shall strive to use that amount of water which is reasonable to
t 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 excessive waste is occurring during
1 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
1 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 own utility services
while performing the work associated with this contract. No additional
' payment will be made for this item.
02 -03 GUARANTEES
' The Contractor warrants the materials and workmanship and that the work
is in conformance with the plans and specifications included in this contract
1 for the period that the Maintenance Bond, as outlined in Section 04 of the
specond.gatlaw.spec SC -2
Special Conditions, is in effect. 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 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.
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
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
anticipated profits on any portion of work that may be omitted. At any time
during the duration of this contract, the Owner reserves the right to omit any
work from this contract. Unit prices for all items previously approved in
this contract shall be used to delete or add work per change order.
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 complete 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 proposal 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
specond.gatlaw.spec SC -3
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.
02 -09 "AS- BUILT" 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 Project and prior to final acceptance and payment, the
Contractor shall submit to the Engineer one set of his working drawings,
dated and signed by himself and his project superintendent and labeled as
"As- Built ", 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- builts 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
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 utilities, 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 costs or damages on account of delays due to
specond.gatlaw.spec SC -4
changes made by owners of privately owned utilities which hinder progress
of the work.
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., Public Works, etc). At
the end of each day two lanes of traffic shall be opened to the public. The
Contractor shall be responsible for all maintenance, signing and safety
precautions necessary for traffic control. This item shall be considered
subsidiary to other bid items and no additional compensation shall be given
for complying with this Special Condition.
SECTION 04 MAINTENANCE BOND
Per City of Round Rock Ordinances, a two (2) year Maintenance Bond
naming the City of Round Rock as obligee 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 Maintenance Bond in the amount of one hundred (100 %)
percent of the contract price 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
specond.gatlaw.spec SC -5
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.
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 Worker's 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 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 Risklnsurance
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
specond.gat/aw.spec SC -
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 deductibles 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:
specond.gat/aw.spec SC -7
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.
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
specond.gat/aw.spec SC -
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 the section shall be
paid by Contractor.
(continue with Special Conditions as necessary)
specond.gat/aw.spec SC -9
6.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 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 herein 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 hereby referred to and included in this
contract as fully and to the same extent as if copied at length herein and
they shall be applied to this project except as modified in these
Specifications and on the Plans. Note that copies of the Austin
Specifications governing the major items of work are attached at the end of
this section for ease of reference. The specification for Micro- surfacing
(polymer modified) is TxDOT Special Specification No. 3042 and is also
included at the end of this section.
Wherever the term "City of Austin" is used in the Austin Specifications, it
shall be construed to mean the 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.
ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from
all rubbish and debris and shall clean -up the site promptly when notified to
tecspc96.smp /aw TS -
do so by the Engineer.
2.01.2 BACKWORK
2.02 GRADING
The Contractor shall, at his own 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.
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.
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 EXAMINATION AND REVIEW
3.01 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.
tecspc96.smp /aw TS -
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.
3.03 CONSTRUCTION STAKING
The Engineer shall furnish the Contractor reference points and benchmarks
for construction as necessary.
3.04 PROTECTION OF STAKES, MARKS, ETC.
All engineering and surveyor's stakes, marks, property corners, etc., shall be
carefully preserved by the Contractor, and in case of destruction or removal
during the course of this project, such stakes, marks, property corners, etc.,
shall be replaced by the Contractor at the Contractor's sole expense.
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.
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with
tecspc96.smp /aw TS -
the Texas Manual of Uniform Traffic Control Devices and in other locations
deemed necessary by the Engineer, for the protection 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. Costs
for this item shall be subsidiary to other items of work.
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
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
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications 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.
tecspc96.smp /aw TS -
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, 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.
ITEM 6 GRADING, RESTORATION, REVEGETATION, AND EROSION
CONTROL MEASURES (series 600)
This item shall govern the furnishing, placing, maintaining and removal of
all erosion control measures, site work, restoration work, grading, shaping,
seeding and sodding for all disturbed areas and in accordance with the
plans.
EROSION CONTROL
Temporary erosion control measures shall include but not be limited to: Silt
Fences, Rock Berms, Land Grading and Storm Inlet Sediment Traps.
The Contractor is alerted to the fact that his construction operations may
cause undue sedimentation at various locations and erosion of the land in
and around the construction area. Such areas of erosion and sedimentation
are difficult to predict and are best determined in the field as construction
progresses. The Contractor should be aware that such areas of erosion and
sedimentation generally include but are not limited to: drainage outlets,
steep slopes and in areas where vegetation has been removed. The
tecspc96.smp /aw TS -
Contractor should be prepared to take remedial measures and to install
erosion and sedimentation control devices as necessary to correct all adverse
erosion and sedimentation.
The extent and location of erosion control measures shall be as determined
in the field by the Engineer or his designated representative. The Contractor
shall be responsible for providing all materials, labor and equipment
necessary for the construction of erosion control measures. The Contractor
shall maintain all erosion control measures until final acceptance and shall
remove them after final acceptance of the project.
This item will not be measured and paid for separately. Costs for this item
shall be subsidiary to other items of work.
RESTORATION AND REVEGETATION
Unless otherwise directed by the Engineer:
All unpaved areas disturbed during construction shall be graded and shaped
to conform to the topography existing prior to construction. Said areas shall
then be restored by providing topsoil and vegetation or by providing surface
material that existed prior to construction (ie. peagravel, flexible base, etc.).
The type of vegetation or surface material provided shall equal or exceed
the type of vegetation or surface material which existed prior to construction
unless otherwise requested by the property owner. This item shall be
considered subsidiary work pertaining to the various bid items.
EXISTING SHRUBS AND TREES
It is the intent of the Owner to preserve as many existing trees and shrubs
within the construction area as possible. The Contractor shall not remove,
trim or otherwise disturb existing trees and shrubs unless otherwise directed
by the Engineer. The Contractor, at his sole expense and without
compensation from the Owner, shall be responsible for replacing all trees
and shrubs damaged where in the opinion of the Engineer, such damage was
avoidable.
When directed by the Engineer, the Contractor shall carefully excavate
existing shrubs that conflict with proposed construction and properly re-
tecspc96.smp /aw TS -6
plant said shrubs within the right -of -way in a location determined by the
Engineer after he has conferred with the respective property owner. The
Contractor will not be responsible for guaranteeing the success of the re-
planted shrubs provided he has exercised proper care and followed
appropriate re- planting procedures. No separate pay will be made for this
item.
Costs for this item shall be subsidiary to other items of work. All shrubs
unduly damaged during excavation or re- planting shall be replaced at the
Contractor's sole expense without compensation from the Owner.
ITEM 7 CONSTRUCTION AND TRAFFIC CONTROL WITHIN HIGHWAY
RIGHT -OF -WAY
All construction performed, all traffic controls and all warning signs within
any right -of -way of the State of Texas shall be in accordance with any rules,
regulations and policies of the State Department of Highways and Public
Transportation.
ITEM 8 MAIL BOXES
The Contractor shall temporarily relocate all mail boxes that are in conflict
with construction activities. Mail boxes that are temporarily relocated shall
be erected in an upright position and shall be sufficiently anchored to
prevent them from being easily tipped or blown over, lifted or removed.
The temporary location of all mail boxes shall be outside the construction
area and shall be readily accessible for mail delivery and retrieval. The
temporary location of mail boxes and the means and methods of installation
shall be subject to the approval of the Engineer.
As soon as practical during or after construction, all mail boxes temporarily
relocated shall be permanently reinstalled. Mail boxes shall be installed in
the same respective location that they were in prior to construction, unless
otherwise requested by the property owner. However, all mail boxes shall
be installed according to postal regulations regardless of the installation
prior to construction.
The City of Round Rock may allow the various property owners the option
of replacing their existing mail boxes. In such cases, the property owner
tecspc96.smp /aw TS -
will be responsible for purchasing and providing a new mail box to the
Contractor who will permanently install the new box and will be responsible
for discarding the old box. Property owners exercising such option shall
provide a new mail box that requires installation, in the opinion of the
Engineer, that is similar to that of the mail box it is intended to replace.
Mail boxes damaged by the Contractor shall be repaired or replaced as
directed by the Engineer and at the Contractor's sole expense without
additional compensation from the Owner.
Temporary relocation and installation of existing mail boxes, discarding of
old mail boxes (where applicable), and permanent installation of existing or
new mail boxes (where applicable), will not be measured and paid for
separately. Costs for these items shall be subsidiary to other items of work.
ITEM 9 MICRO- SURFACING (POLYMER MODIFIED)
9.01 COMPOSITE MICRO- SURFACING (POLYMER MODIFIED) MIXTURE
The composite micro - surfacing (polymer modified) mixture shall be applied
at the rate of 25 pounds per square yard. The aggregate shall be Grade 2
as per Special Specification Item 3042.
9.02 FINAL SWEEPING
Prior to final acceptance of the project, the Contractor shall remove all loose
material from the roadway 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.
9.03 CONSTRUCTION METHODS
All '/4 inch plus cracks, holes and depressions shall be sealed and patched
prior to micro - surfacing. Material used for sealing and patching shall be hot
mix, hot lay asphaltic concrete or other asphaltic materials as approved by
the Engineer. Holes and depressions will be patched and paid for under bid
item for "Hot Mix Asphaltic Concrete fill and level -up ". No separate
payment will be made for sealing 1/4 inch plus cracks with Liquid asphalt as
this will be considered subsidiary work pertaining to the various bid items.
tecspc96.smp /aw TS -
Prior to placing the micro - surfacing, all loose dirt, gravel, weeds, grass and
other material deemed objectionable by the Engineer shall be removed from
the existing roadway surface and hp of gutter /pavement interface.
Building paper or other approved materials shall be spread on all manholes,
valve boxes, junction boxes, traffic buttons, concrete valley gutters, other
concrete surfaces, etc. to protect them from being covered with asphaltic
materials.
9.04 TRAFFIC CONTROL FACILITIES
The Contractor shall notify all abutting residents and owners along the street
a minimum of 24 hours prior to the micro - surfacing operation.
tecspc96.smp /aw TS -9
1993 Specifications
SPECIAL SPECIFICATION
ITEM 3042
MICRO - SURFACING (POLYMER MODIFIED)
1. Description. This Item shall consist of a micro- surfacing system which shall be a
mixture of cationic polymer modified asphalt emulsion, mineral aggregate, mineral
filler, water and other additives mixed and placed on the paved surface in accordance
with these specifications and to the dimensions as shown on the plans.
2. Materials.
(1) Asphaltic Material.
The asphalt material, designated as CSS -1P, shall be a cationic slow setting
emulsion modified with an approved polymer. The polymer shall be
incorporated by blending with the base asphalt prior to emulsification or it shall
be co- milled with the asphalt to produce the finished emulsion. The distillation
residue of the modified emulsion shall contain a minimum of 3.0 percent
polymer by weight, as determined by an analytical method approved by the
Department. The emulsion supplier shall furnish the Department samples of the
base asphalt and polymer used in the finished emulsion.
Viscosity, Saybolt Furol at 77 F, Sec. 20 100
Storage stability test, one day, percent I
Particle charge test Positive
Sieve test, percent - 0.1
*Distillation:
Oil distillate, by volume of emulsion, percent - 1/2
Residue, percent 62
Tests on Residue from Distillation:
In addition, the emulsion shall be homogeneous, shall show no separation of
polymer and shall comply with the following requirements:
Min Max
Penetration, 77 F, 100 g, 5 seconds
Ductility, 77 F, 5 cm /min, cm
Solubility in trichloroethylene, percent
Softening Point, R. & B., F
microspec /aw /1k
1 -8
55
70
97
135
90
*The standard distillation procedure shall be modified as follows:
' The temperature on the lower thermometer shall be brought slowly to 350 plus or minus
10 F and maintained at this point for 20 minutes. Complete the total distillation in 60
plus or minus 5 minutes from the first application of heat.
' (2) Mineral Aggregate.
(a) Description. The mineral aggregate shall all be generated
by crushing operations from a single source and shall be
composed of clean, tough and durable particles of crushed
traprock, crushed granite, crushed sandstone or other
material approved by the Engineer. A sand equivalent of
' 70 or higher is required unless otherwise shown on the
plans. The aggregate shall show a maximum weighted loss
of 30 percent when subjected to five (5) cycles of
' conditioning using magnesium sulfate solution in
accordance with Test Method Tex - 411 -A. The test shall be
performed on the gradation to be used on the project.
The polish value for the aggregate shall not be less than
the value shown on the plans when tested in accordance
' with Test Method Tex - 438 -A. The polish value test shall
be performed on the parent rock. The Engineer may waive
the polish value requirement for aggregates with known
' satisfactory performance history based on Department skid
values.
' (b) Grades. When tested by Test Method Tex - 200 -F, Part II,
Washed Sieve Analysis, the gradation requirements shall be
as follows:
Grade 1 Percent Aggregate
(Fine Graded Surface Course). By Weight
Retained on 3/8" sieve 0
Retained on No. 4 sieve 0 -2
' Retained on No. 8 sieve 10 -25
Retained on No. 16 sieve 25 -50
Retained on No. 30 sieve 50 -70
1 Retained on No. 50 sieve 65 -82
Retained on No. 100 sieve 79 -90
Retained on No. 200 sieve 85 -95
microspec /aw /1k 2 - 8
1
1 Grade 2 Percent Aggregate
(Coarse Graded Surface Course) By Weight
I Retained on 1/2" sieve 0
Retained on 3/8" sieve 0 -1
Retained on No. 4 sieve 6 -14
Retained on No. 8 sieve 35 -55
Retained on No. 16 sieve 54 -75
1 Retained on No. 30 sieve 65 -85
Retained on No. 50 sieve 75 -90
Retained on No. 100 sieve 82 -93
'
Retained on No. 200 sieve 85 -95
' (c) Mineral Filler. Mineral filler shall be non -air- entrained
Portland cement which is free of lumps or foreign matter.
1 (3) Water. The water shall be potable and shall be free of harmful
soluble salts.
1 (4) Other Additives. With the approval of the Engineer, additives
approved by the emulsion manufacturer may be added to the
emulsion mix or to any of the component materials to provide
I control of the set time in the field.
3. Paving Mixture.
1 (1) Mixture Design.
1 The mixture design, or job mix formula shall be supplied by the
Contractor. Laboratory mixing and curing procedures shall be
as outlined in Test Method Tex- 230 -F. The emulsified asphalt
content will be selected by the Engineer to prove an optimum
laboratory compacted density within the range of 92 to 95
percent when evaluated in accordance with Test Method Tex -204 -F
1 in conjunction with Test Method Tex - 227 -F. Hveem stability
will be required only when a minimum value is shown on the
plans. These mix design requirements are subject to
verification by testing of laboratory produced mixes or trial
batch material prior to placement of project material.
1 (2) Composition of Mixture. The polymer modified micro - surfacing
shall consist of a uniform mixture of aggregate and CSS -1P
emulsion and mineral filler, water and field control additive
as required. The emulsion and aggregate must be compatible so
microspec /sw /lk 3 - 8
1
(3)
microspec /aw /lk
that a complete, uniform coating of the aggregate will be
obtained in the mixing process. The mixture must have
sufficient working life to allow for proper placement at the
existing ambient temperature and humidity. When the paving
mixture is placed with the relative humidity at not more than
50 percent and ambient air temperature of at least 75 F, it
must cure sufficiently that uniformly moving traffic can be
allowed in one hour with no damage to the surface. Locations
subject to sharp turning or stopping and starting traffic may
require additional curing.
The job mix formula shall meet with the approval of the Engineer; and the proportions to be
used shall be within the
following limits:
Residual Asphalt - 6.0 to 9.0 percent by weight of dry aggregate
Mineral Filler - 0.5 to 3.0 percent by weight of dry aggregate
(Portland Cement)
Field Control Additive - As required to provide control of break and cure
Water - As required to provide proper consistency
The mixture shall be designed so that the mineral aggregate will produce a gradation which
conforms to the limitations for the master grading for the type specified herein. The gradation
will be determined in accordance with Test Method Tex -200 -F (Washed Sieve Analysis) and
shall be based upon aggregate and mineral filler.
Determination of Mixture Composition and Tolerances: Determination of aggregate
gradation may be based on sieve analysis of representative samples taken from the
stockpile at the job site. The amount of mineral filler added to the mix shall be
included in determining the total minus No. 200 aggregate fraction. The asphalt content
may be determined in accordance with Test Method Tex - 228 -F. Alternately, aggregate
gradation and asphalt content may be determined by Test Method Tex - 210 -F. If Test
Method Tex -210 -F is used, an asphalt retention factor must be established.
Mix samples will be taken from the mixing unit discharge in a manner such that the
complete discharge stream is included in the sample. Mix samples shall be dried to
constant weight at 230 F plus or minus 10 F prior to determination of asphalt content
and aggregate gradation. The aggregate portion of the paving mixture produced shall
not vary from the design gradation by more than the tolerances which follow. The
material passing the No. 200 sieve is further restricted to conform to the limitations for
the master grading for the type specified. The residual asphalt content of the paving
4 -8
mixture shall not vary from the design amount by more than the allowed tolerance and
is also restricted to conform to the master limits.
Passing 3/8" sieve, retained on No. 4 sieve
Passing No. 4 sieve, retained on No. 8 sieve
Total retained on No. 8 sieve
Passing No. 8 sieve, retained on No. 16 sieve
Passing No. 16 sieve, retained on No. 30 sieve
Passing No. 30 sieve, retained on No. 50 sieve
Passing No. 50 sieve, retained on No. 100 sieve
Passing No. 100 sieve, retained on No. 200 sieve
Passing No. 200 sieve
Residual Asphalt Content
Percent by Weight or
Volume as Applicable
Plus or minus 5
Plus or minus 5
Plus or minus 5
Plus or minus 3
Plus or minus 3
Plus or minus 3
Plus or minus 3
Plus or minus 3
Plus or minus 2
Plus or minus 0.5 by wt.
4. Equipment. All equipment for the handling of all materials and mixing and placing of the
mixture shall be maintained in good repair and operating condition and is subject to the
approval of the Engineer. Any equipment found to be defective and potentially affecting
the quality of the paving mixture shall be replaced. All scales used in weighing aggregate
and emulsion shall conform to the requirements of Item 520, "Weighing and Measuring
Equipment ".
The material shall be mixed by a self - propelled micro - surfacing mixing machine which
shall be a continuous flow mixing unit able to accurately deliver and proportion the
aggregate, emulsified asphalt, mineral filler, field control additive and water to a
revolving multi -blade mixer and discharge the mixed product on a continuous flow basis.
The machine shall have sufficient storage capacity for aggregate, emulsified asphalt,
mineral filler, field control additive and water to maintain an adequate supply to the
proportioning controls. The machine shall be equipped with self loading devices which
provide for the loading of all materials while continuing to lay micro - surfacing, thereby
minimizing construction joints. The machine shall be equipped with opposite side driving
stations to optimize longitudinal alignment. The machine shall be equipped to allow the
mix operator to have full hydrostatic control of the forward and reverse speed during
application of the micro - surfacing material.
Individual volume or weight controls for proportioning each material to be added to the
mix shall be provided. Each material control device shall be calibrated and properly
marked. The aggregate feed to the mixer shall be equipped with a revolution counter or
similar device so the amount of aggregate used may be determined at any time. The
emulsion pump shall be a positive displacement type and shall be equipped with a
revolution counter or similar device so that the amount of emulsion used may be
determined at any time.
microspec /aw /lk
5 -8
5
The mixing machine shall be equipped with a water pressure system and nozzle type
spray bar to provide a water spray immediately ahead of and outside the spreader box. It
also shall be equipped with an approved fines feeder that shall provide a uniform,
positive, accurately metered, predetermined amount of the specified mineral filler.
Stockpiling and Storage.
(1) Aggregate Storage. If the mineral aggregates are stored or stockpiled, they shall
be handled in such a manner as to prevent segregation, mixing of the various
materials or sizes, and contamination with foreign materials. The grading of
aggregates proposed for use and as supplied to the mixing plant shall be
uniform. Suitable equipment of acceptable size shall be furnished by the
Contractor to work the stockpiles and prevent segregation of the aggregates.
The aggregate shall be passed over a scalping screen prior to transfer to the
microsurfacing mixing machine to remove oversize material.
(2) Storage of Asphaltic Materials. The asphaltic material storage shall be ample to
meet the requirements of the plant. All equipment used in the storage and
handling of asphaltic material shall be kept in a clean condition at all times and
shall be operated in such manner that there will be no contamination with
foreign matter.
6. Construction Methods.
(1) General. It shall be the responsibility of the Contractor to produce, transport,
and place the specified paving mixture in accordance with these specifications
and as approved by the Engineer. The finished micro - surfacing shall have a
uniform texture free from excessive scratch marks, tears or other surface
irregularities. The cured mixture shall adhere fully to the underlying pavement.
(2) Weather Limitations. The material shall be spread only when the atmospheric
temperature is at least 50 F and rising and the weather is not foggy or rainy and
there is no forecast of temperatures below 32 F within 24 hours after mix
placement.
(3)
(4) Spreading Equipment. The paving mixture shall be spread uniformly by means
of a mechanical type spreader box attached to the mixer, equipped with paddles
or other devices to agitate and spread the materials throughout the box. The
microspec /sw /lk
Surface Preparation. The area to be surfaced shall be thoroughly cleaned of all
vegetation, loose aggregate and soil. Water used in pre- wetting the surface
ahead of and outside the spreader box shall be applied at a rate to dampen the
entire surface without any free flowing water ahead of the spreader box.
6 -8
(5)
mlcrospec /aw /lk
preader box used must be capable of obtaining the desired lines and grade as
shown on the plans. A front seal shall be provided to insure no loss of the
mixture at the road contact surface. The rear seal shall act as a strike off and
hall be adjustable. A secondary strike off shall be provided to improve surface
texture. The secondary strike off shall have the same adjustments as the rear
seal. The mixture shall be spread to fill cracks and minor surface irregularities
and leave a uniform skid resistant application of aggregate and asphalt on the
surface. The spreader box and rear strike -off shall be so designed and operated
that a uniform consistency is achieved to produce a free flow of material to the
rear strike -off. The seam where two spreads join shall be neat appearing and
uniform.
Ruts. When required on the plans -, before the final surface course is placed,
preliminary micro - surfacing material shall be required to fill ruts, utility cuts,
depressions in the existing surface, etc. Ruts of 1/2 inch or greater depth shall
be filled independently with a rut filling spreader box either 5 foot or 6 foot in
width. For irregular or shallow rutting less than 1/2 inch depth, a full -width
scratch coat pass may be used as directed by the Engineer. Each individual rut
fill, utilizing a rut filling spreader box shall be crowned to compensate for traffic
compaction. Ruts that are in excess of 1 -1/2 inches depth may require multiple
placements with the rut filling spreader box to restore the original cross section.
(6) Workmanship. No excessive buildup, uncovered areas or unsightly appearance
will be permitted on longitudinal or transverse joints. Longitudinal joints shall
be placed on lane lines. Excessive overlap will not be permitted. Care shall be
taken to insure straight lines along the roadway centerline, lane lines, shoulder
or curb lines. Lines at intersections will be kept straight to provide a good
appearance.
Areas which cannot be reached with the mixing machine shall be surfaced using
hand tools to provide complete and uniform coverage. The area to be
handworked shall be lightly dampened prior to mix placement. Care shall be
exercised in areas that require handwork so that the finished surface is uniform
in texture, dense and of overall good appearance comparable to that produced by
the spreader box. Micro - surfacing material required to repair deficiencies due to
unsatisfactory workmanship shall not be paid for but shall be entirely at the
Contractor's expense.
7. Measurement. This Item will be measured by the ton of 2000 pounds of the composite
"micro- surfacing (polymer modified) ". The composite micro - surfacing (polymer
modified) mixture is hereby defined as the asphalt emulsion, aggregate and additives.
(1) Aggregate. The quantity of aggregate used in the accepted portions of the work
shall be measured by net ticket weight of each individual load of aggregate
7 -8
microspec /aw /lk
shipped to the project based on dry weight of aggregate. The aggregate will be
weighed at the Contractor's stockpile site. The weighing equipment can be
either a suspended hopper or a belt scale meeting the requirements of Item 520.
The weight of mineral filler used shall be calculated and included in the total
aggregate weight.
8 -8
7.0 PLANS, DETAILS AND NOTES
PLAN SHEET
STREET MAINTENANCE
PROGRAM /MICRO- SURFACING
1996
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STREET MAINTENANCE
PROGRAM /MICRO- SURFACING
LEGEND 1996
AREA TO RECEIVE MICRO- SURFACING
AREA TO RECEIVE ASPHALTIC CONCRETE
AREA OF PAVEMENT REPAIR
AREA OF REMOVE & REPLACE C & G
REMOVE & REPLACE REINFORCED CONC DRWY
(SEE GENERAL NOTES ON PAGE _)
OAK BLUFF ESTATES, PHASE I AND II
STREET INVENTORY - 6/12/96
HMAC
Street From To Width Len h Area (S.Y.)
Twin Ridge Pkwy C.O. Rd 123 Shaded Way 2 @ 24' 2337 10,906
Twin Ridge Pkwy Shaded Way Forest Crk 40' 1884 7,745
Ridge Run Twin Ridge Forest Mesa 30' 464 1,392
Forest Mesa Scenic Terrace Cul-de -sac 30' 1,639 4,917
Scenic Terrace 250' E/O 450' W/O
Forest Mesa Forest Mesa 30' 703 2,109
Wilderness Way Twin Ridge Pkwy Cul -de -sac 30' 1680 5,040
Wooded Way Wilderness Way Cul-de -sac 30' 693 2,079
Scenic Cove Twin Ridge Pkwy Cul -de -sac 30' 160 480
Shaded Way Twin Ridge Pkwy Cul -de -sac 30' 745 2,235
Misty Woods Twin Ridge Pkwy Cul -de -sac 30' 285 855
Oakmoore Twin Ridge Pkwy Cul -de -sac 30' 491 1,473
Ridgemeadow Way Oakmoore Cul -de -sac 30' 331 993
Oak View Twin Ridge Pkwy Cul -de -sac 30' 641 1,923
Stillmeadow Twin Ridge Pkwy Twin Ridge Pkwy 30' 2269 6,807
Meadow Way Stillmeadow Cul -de -sac 30' 556 1,668
Meadow Run Twin Ridge Pkwy Twin Ridge Pkwy 30' 1881 5,643
Hillway Twin Ridge Pkwy Cul -de -sac 30' 593 1,779
Hillview Hillway Cul -de -sac 30' 288 864
Meandering Way Twin Ridge Pkwy Cul -de -sac 30' 2236 6,708
Bluff View Meandering Way Cul -de -sac 30' 475 1,425
Woodland Lane Meandering Way Co. Rd. 122 * 27' 1990 5,970
Woodland Lane Phase I Meandering Way 30' 219 657
Woodland Loop Co. Rd. 122 Woodland Ln * 27' 2199 ' 6 597
** * **
* - Open Section - No Curb and Gutter. 24.759 L.F. 80.265 S.Y.
** - 24,759 L.F. =4.69 Miles
* ** - 80,265 S.Y =12.44 Lane Miles oakblrest.xWawNc
I
1
1" = 6
STREET MAINTENANCE
PROGRAM /MICRO- SURFACING
LEGEND 1996
AREA TO RECEIVE MICRO- SURFACING
AREA TO RECEIVE ASPHALTIC CONCRETE
AREA OF PAVEMENT REPAIR
AREA OF REMOVE & REPLACE C & 0
REMOVE & REPLACE REINFORCED CONC DRWY
(SEE GENERAL NOTES ON PAGE _)
i
MATCHLINE
1
a
STREET MAINTENANCE
PROGRAM /MICRO- SURFACING
LEGEND 1996
AREA TO RECEIVE MICRO- SURFACING
AREA TO RECEIVE ASPHALTIC CONCRETE
AREA OF PAVEMENT REPAIR Q1
AREA OF REMOVE & REPLACE C & G
REMOVE & REPLACE REINFORCED CONC DRWY Q
(SEE GENERAL NOTES ON PAGE _)
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
GENERAL NOTES
1. All construction shall be in accordance with the City of Austin Standard Construction
Specifications as adopted and amended by the City of Round Rock.
2. If blasting is planned by the Contractor, a blasting permit must be secured from the City
of Round Rock prior to commencement of any construction. Blasting will not be
permitted within 15 feet of any existing utility lines or structures without prior written
consent of the Engineer.
3. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., that are
damaged or removed shall be repaired or replaced by the Contractor at no cost to the
Owner.
4. The Contractor shall verify all depths and locations of existing utilities prior to any
construction. Any discrepancies with the construction plans found in the field shall be
brought immediately to the attention of the Engineer.
5. Manhole frames, covers, valves, cleanouts, etc. shall be raised to finished grade prior to
final paving construction.
6. The Contractor shall give the City of Round Rock 48 hours notice before beginning each
phase of construction. Telephone 218 -5555 (Public Works Department).
7. All areas disturbed or exposed during construction shall be revegetated in accordance with
the plans and specifications. Revegetation of all disturbed or exposed areas shall consist
of sodding or seeding, at the Contractor's option. However, the type of revegetation
must equal or exceed the type of vegetation present before construction unless otherwise
requested by the property owner.
8. Prior to any construction, the Contractor shall convene a preconstruction conference
between the City of Round Rock, himself, the Engineer, other utility companies, any
affected parties and any other entity the City or Engineer may require.
9. The Contractor and the Engineer shall keep accurate records of all construction that
deviates from the plans. The Engineer shall furnish the City of Round Rock accurate "As-
Built" drawings following completion of all construction. These "As- Built" drawings shall
meet with the satisfaction of the Public Works Department prior to fmal acceptance.
10. The Round Rock City Council shall not be petitioned for acceptance until all necessary
easement documents have been signed and recorded.
11. When construction is being carried out within easements, the Contractor shall confine his
work to within the permanent and any temporary easements. Prior to final acceptance,
plan,96.,mp/b•,pecaw
PDN -4
the Contractor shall be responsible for removing all trash and debris within the permanent
and temporary easements. Clean-up shall be to the satisfaction of the Engineer.
12. Prior to any construction, the Contractor shall apply for and secure all proper permits
from the appropriate authorities.
13. Bid Item No. 2: Pavement repair, shall consist of sawcutting, excavating the existing
pavement to a depth of 8 inches, compacting the remaining base, installing in two (2)
lifts, a Type A or Type B hot mix asphaltic concrete base course. The spot areas to be
repaired are shown schematically on the program layout sheets. The actual areas to be
repaired shall be as laid out by the Engineer and are apparent and visible as failure areas.
14. Bid Item No. 3: HMAC spot fill and level -up at street cuts and depressions prior to
micro - surfacing, shall consist of applying a Type D or Type D modified HMAC level -up
course at spot locations as directed by the Engineer. The locations are generally previous
street cuts that have settled below grade and exhibit a rough vehicular ride, areas around
manholes and over utilities lines.
15. Bid Item No. 4: Remove and replace concrete curb and gutter, shall consist of
removing the existing curb and gutter, excavating to a depth of 8 inches below the bottom
of curb, compacting the subgrade, installing a 8 inch minimum lift of Type A or Type
B HMAC base course and replacing the curb and gutter. Where the curb and gutter
requires elevating at existing depressions this shall be accomplished by installing Type A
or B base course. The actual areas to be removed and replaced shall be as laid out by
the Engineer and are apparent and visible as failure or depressed areas. Payment shall
be made under the Item Remove and Replace concrete curb and gutter. The area under
the replaced curb and gutter, to a distance of 18 inches behind the face of curb, shall also
be measured and paid for under Item No.2 Pavement Repair which shall be payment for
excavating for and installing the Type A or B HMAC base course.
16. Bid Item No.5: Remove and replace reinforced concrete driveway, shall consist of
removing the existing driveway, adjusting and compacting the subgrade to conform to the
planned grade and replacing the concrete driveway approach. Payment for remove and
replace reinforced concrete driveway or sidewalk, measured by the square foot, shall
include all work necessary to accomplish, this, including but not limited to, removal,
compacting and adjusting subgrade, sand cushion, sawcutting, expansion joints, restoring
adjoining lawn.
p]nns96.,mpT:apecew
PDN -5
17. Bid Item No. 6: Pavement marking paint (reflectorized) 4 inch width shall be measured
and paid for by the equivalent length of 4 inch width stripe, white or yellow, per linear
foot. The following striping is included in the work:
Location
plans96.amp/b3puaw
Twin Ridge Parkway from Shaded
Way to Forest Creek Golf Course.
Harrell Parkway
Twin Ridge Parkway from CR 123
to Shaded Way
Type
Double yellow with single Type ll -A -A
reflectorized pavement marker at 40' spacing.
Same as above
Broken white lane lines, 10 foot long at 40
foot spacing, with single Type II A -A
reflectorized pavement marker at 40 foot
spacing
Various Locations 12" White stop bar with non - reflectorized
buttons.
18. Bid Item No. 2 (PARD): HMAC (Type D) spot fill and level -up on Harrell Parkway
includes pavement edge repair at locations designated by the Engineer. The edges to be
repaired are generally in curves and shall consist of excavation along the existing worn
pavement edge to a minimum depth of 2 inch and installing HMAC Type D material to
the previous pavement limit as directed by the Engineer.
PDN -6
STREET AND DRAINAGE NOTES
1. All testing shall be done by an independent laboratory at the Owner's expense. Any
retesting shall be paid for by the Contractor. A City inspector shall be present during all
tests. City inspectors shall be given a minimum of 24 hours notice prior to any testing.
Telephone 218 - 5555 (Inspections).
2. Backfill behind the curb shall be compacted to obtain a minimum of 95% maximum
density to within 3" of top of curb. Material used shall be primarily granular with no
rocks larger than 6" in the greatest dimension. The remaining 3" shall be clean topsoil
free from all clods and suitable for sustaining plant life.
plans96.smptb:spuaw
PDN -7
1. Any methods, street markings and signage necessary for warning motorists, warning
pedestrians or diverting traffic during construction shall conform to the Texas Manual of
Uniform Traffic Control Devices for Streets and Highways, latest edition. This manual
shall also apply to new construction in this project.
plma96.amp/b.pumw
TRAFFIC MARKING NOTES
PDN -8
1. Erosion control measures, site work and restoration work shall be in accordance with the
City of Round Rock Erosion and Sedimentation Control Ordinance.
pl 96.smp/b:specaw
EROSION AND SEDIMENTATION CONTROL NOTES
PDN -9
WHEREAS, the City of Round Rock has duly advertised for bids
for the 1996 Street Maintenance /Micro Surfacing Program, and
WHEREAS,Ballou Construction Company has submitted the lowest
and best bid, and
WHEREAS, the City Council wishes to accept the bid of Ballou
Construction Company, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a contract with Ballou Construction Company, for
the 1996 Street Maintenance /Micro Surfacing Program, a copy of said
contract being attached hereto and incorporated herein for all
purposes.
RESOLVED this 25th day of July, 1996.
ATTEST:
R:\ WPDOCS \RESOLUTI \RS617 02EP.NPD / OCB
LAND, City Secretary
RESOLUTION NO. R 96 07 25 - 10F
CHARLES C PEPPER, Mayor
City of Round Rock, Texas
THE CITY OF ROUND ROCK ,� ..--is °: . ;-1- (BIDS EXTENDED
PUBLIC WORKS DEPARTMENT ;2:: : . : * ► 1
2008 Enterprise Dr. / P
ALVIN L. Ys,LLE � BY :
Round Rock, Texas 78664 P.„,. a / DATE :
(512) 218 -5555 BID TABULATION � 6 4 , -.. 4 ' SHEET:
P , •• WITNESS:
,, • .
AND CHECKED
Al WillelL. Kumar
7/10/96
1 of 2
Larry Madsen
CONTRACT : Street Maintenance Program /
Micro - Surfacing - 1996
/10/9
BIDDERS
LOCATION : City Council Chambers
Ballow Construction Co.,
Inc.
Bid Bond' Yes
Viking Construction, Inc.
Bid Bond? Yes
DATE: July 9, 1996 TIME: 2:00 p.m.
ITEM
UNIT
APPROX.
QTY.
UNIT
PRICE
COST
UNIT
PRICE
COST
I%,! y .';i 1 PUBLIC,WORKS4 i1 I: '''`'',
Ton
1,050
$122.00
$128,100.00
$135.00
$141,750.00
1. Micro - Surfacing (Polymer modified)
2. Pavement repair.
S.Y.
565
$15.00
$8,475.00
$35.00
$19,775.00
3. HMAC spot fill and Level -up at street
cuts and depressions prior to Micro -
Surfacing, including tack coat.
Ton
100
$160.00
$16,000.00
$110.00
$11,000.00
4. Remove and replace concrete curb &
gutter.
L.F.
350
$23.00
$8,050.00
$16.00
$5,600.00
5. Remove and replace reinforced concrete
driveway.
S.F.
900
$6.50
$5,850.00
$7.35
$6,615.00
6. Pavement marking paint (reflectorized),
white and yellow, 4 inch width.
L.F
5,800
$0.23
$1,334.00
$0.30
$1,740.00
7. Reflectorized pavement markers,
TypeII -A -A
Ea
164
$6.50
$1,066.00
$3.50
$574.00
8. Non- reflectorized traffic buttons
Ea
200
$3.70
$740.00
$2.50
$500.00
SUB - TOTAL FOR PUBLIC WORKS:
$169,615.00
$187,554.00
f
THE CITY OF ROUND ROCK BIDS EXTENDED
PUBLIC WORKS DEPARTMENT
2008 Enterprise Dr. BY :
Round Rock, Texas 78664 DATE :
(512) 218 -5555 BID TABULATION SHEET:
WITNESS:
AND CHECKED
Al Wille /L. Kumar
7/10/96
2 of 2
Larry Madsen
CONTRACT : Street Maintenance Program /
Micro - Surfacing -1996
BIDDERS
LOCATION : City Council Chambers
Ballow Construction Co.,
Inc.
Bid Bond? Yes
Viking Construction, Inc.
Bid Bond? Yes
DATE: July 9, 1996 TIME: 2:00 p.m.
ITEM
UNIT
APPROX.
QTY.
UNIT
PRICE
COST
UNIT
PRICE
COST
PQRKS:ANiiRECREATIO1 (P.ARD).
Ton
315
$122.00
$38,430.00
$125.00
$39,375.00
1. Micro-Surfacing (Polymer modified),
Harrell Parkway.
2. HMAC (Type D) spot fill
and levelup on Harrell Parkway
at street cuts, depressions
and edge repair, prior to seal
coat, including tack or prime coat,
Ton
SO
$160.00
$8,000.00
$125.00
$6,250.00
3. Pavement marking paint (reflectorized)
4 inch width on Harrell Parkway
L.F.
18,000
$0.23
$4,140.00
$0.15
$2,700.00
4. Reflectorized pavement markers
Type II-A -A.
Ea
225
$6.50
$1,462.50
$3.50
$787.50
SUB -TOTAL FOR PARD:
$52,032.50
$49,112.50
GRAND TOTAL:
$221,647.50
$236,666.50
eealct96bidtab
MICRO- SURFACING
[BALLOU CONSTRUCTION CO., INC.
STREET AND ROAD SURFACING
Telephone (913) 825-5303 • FAX (913) 825-7036 • Post Office Box 2300 • Salina, Kansas 67402-2300
CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
ATT: MR. AL WILLE
2008 ENTERPRISE DR.
ROUND ROCK, TEXAS 78664
MR. WILLE,
BALLOU CONSTRUCTION CO. HAS BEEN A ROAD RESURFACING CONTRACTOR
FOR OVER 35 YEARS. IN 1982 WITH THE AID OF A SISTER EMULSION COMPANY,
WE DEVELOPED AND INTRODUCED TO THE UNITED STATES A QUICK SET, LATEX
MODIFIED SLURRY SEAL SYSTEM WHICH WE THEN CALLED RALUMAC, NAMED FOR
THE GERMAN TECHNOLGY THAT DEVELOPED IT. SINCE THEN THE NAME HAS
CHANGED TO MICRO— SURFACING. WE BEGAN IN KANSAS, SPREAD TO NEBRASKA,
OKLAHOMA, NEW MEXICO, AND TEXAS. WE HAVE WORKED FOR THE TEXAS
DEPARTMENT OF HIGHWAYS FOR THE LAST TWELVE YEARS. WE HAVE ALSO DONE
PROJECTS IN THE CITIES OF SAN ANTONIO, CITY OF WACO, CITY OF WICHITA
KANSAS, CITY OF SALINA KANSAS AND CURRENTLY HAVE A CONTRACT WITH THE
CITY OF DALLAS. WE HAVE DONE MANY MORE CITY AND COUNTY PROJECTS AS
WELL AS THE MAJORITY OF OUR WORK FOR THE VARIOUS DOT'S. BELOW ARE
A FEW OF OUR TEXAS REFERENCES:
CITY OF ARLINGTON TX
MR. STEVE OLIVER , STREET SUPERINTENDENT
CITY OF SAN ANTONIO
MR. JESSE CASTRO , STREET SUPERINTENDENT
CITY OF BURLESON
MR. DAVID STRINGER , PUBLIC WORKS MANAGER
817 - 459 -5434
210 - 359 -3100
817-295 -1113
STATE OF TEXAS
MR. TERRY JACKSON CONSTRUCTION ENGINEER AUSTIN, TX 512 - 832 -7000
I HOPE THIS INFORMATION ASSISTS YOU AND PLEASE FEEL FREE TO CONTACT
ME WITH ANY QUESTIONS YOU MAY HAVE. WE LOOK FORWARD TO WORKING WITH
YOU AND ANTICIPATE BEING THERE IN LATE AUGUST.
ONALD J KAIDEN
VICE PRESIDENT
A ir Texas Department of Transportation
Ballou Construction Co., Inc.
P.O. Box 2300
Salina, Kansas 67402
Gentlemen:
MT /jjb
DEWITT C. GREER STATE HIGHWAY BLDG. • 125 E. 11TH STREET • AUSTIN, TEXAS 78701 -2483 • (512) 463-8585
cc: Douglas Edwards, CPA
February 7, 1996
An Equal Opportunity Employer
Sincerely,
William T. Nelson, Jr.
Director of Programs II
T. Nelson
512 416 -2540
With the additional information furnished, your statement of
financial resources as of September 30, 1995, is satisfactory and
qualifies you to bid on Texas Department of Transportation
construction work up to and including September 30, 1996.
Your statement reflects a working capital of $869.000.00. You will
be permitted to have under contract with this Department not more
than $17,380,000.00 worth of all classes of construction work.
DATE: July 22, 1996
SUBJECT: City Council Meeting, July 25, 1996
ITEM: 10F. Consider a resolution authorizing the Mayor to execute a contract with Ballou
Construction Co. for the 1996 Street Maintenance /Micro- Surfacing Program.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
DATE: July 22, 1996
TO: James R. Nuse, P.E.
Director of Public Works
FROM: Al Wille, P.E., R.P.L.S.
Asst. Director /Chief Engineer
MEMORANDUM
RE: Street Maintenance Program /Micro - Surfacing 1996
On July 9, 1996 two bids were received for the Street Maintenance Program Micro - Surfacing 1996
project. The low bid was submitted by Ballou Construction Company, Inc. in the amount of
$221,647.50. Please find attached a copy of the bid tabulation sheet and information I requested
from Ballou Construction Company, Inc. in support of their qualifications to perform the work. I have
contacted the City of San Antonio and the City of Arlington concerning Micro - Surfacing work Ballou
Construction Company completed for them and the reports were good. I recommend the contract
be awarded to Ballou Construction Company, Inc.