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R-97-07-24-10A - 7/24/1997• AID1 CERTIFICATE OF INSURANCE 12/10 /97 YY) _ 12/10/97 PRODUCER J &H MARSH & McLENNAN OF ILLINOIS, INC. 500 WEST MADISON STREET, SUITE 2100 CHICAGO IL 60661 - 2595 - 11,._ , ..,.w ,.• -3 , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY • 'I A ZURICH INSURANCE COMPANY INSURED -n,Lim, r y,, '; ' E; :, r„ SL. ..: ■.' VIKING CONSTRUCTION, INC. 7303 BURLESON ROAD #406 • AUSTIN TX 78744 - ..COMPANY ' ,J(; — B j ; . 1 r . COMPANY COMPANY D COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES O F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM /DDry1) POLICY EXPIRATION DATE(MM /DI/PPO LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GLC 68 - 21 - 103 - 05 01/01/98 01/01/99 GENERAL AGGREGATE $ 1,000,000 PRODUCTS - COMP/OPAGG S 1,000,000 X I CLAIMS MADE n OCCUR PERSONAL &ADV INJURY S 1,000,000 X OWNER'S & CONTRACTOR'S PROT BROAD FORM VENDORS EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one Ds) S 100,000 MAO ET(P (Any one person) S A AUTOMOBILE X • LIABILITY ANYAUTO ALL OWNEDAUTOS _ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP 68 - 21 - 110 - 05 AOS MA 68 -21- 105 -05 TAP 68 -21 -106 -05 BAP 83 -74- 305 -01 VA BAP 83 -74- 302 -01 AOS TAP 83 -74 -303 -00 MA 83-74-301-01 BAP 83 VA 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/99 01/01/99 01/01/99 01/01/99 01/01/99 01/01/99 • 01/01/99 01/01/99 COMBINED SINGLE LIMIT 0 1,000,000 BODILY INJURY per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE S GARAGEUABIUTY _ ANY AUTO AUTO ONLY• EA ACCIDENT S OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE 9 EXCESS — UABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE 9 S A WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR' PARTNERS/EXECUTIVE AND — _ INCL EXCL WC 68 - 21 - 108 - 05 a WC 68 01/01/98 _ 01/01/98 01/01/99 - 01/01/99 X I STATUTORYUMDS EACH ACCIDENT 0 1,000,000 DISEASE -POUCY LIMIT 0 1,000,000 OFFICERS ARE: DISEASE - EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OFOPERATIONS/ LOCATIONS/VEHICLES /SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO RETENTIONS) "REVISED" - SUPERCEDES CERTIFICATE OF INSURANCE ISSUED 8/07/97 CITY OF ROUND ROCK IS INCLUDED ON THE GENERAL AND AUTOMOBILE LIABILITY AS ADDITIONAL INSURED AS RESPECTS OEPRATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER CITY OF ROUND ROCK ATTN: JOANNE LAND 221 EAST MAIN STREET ROUND ROCK TX 78664 CANCELLATION .. • SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL SWFMAXIXRXMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ... .. . , .. . . .. 0 . WARD 25 {3/93) AUTHORIZED REPRESENTATIVE STEVEN A. KRUEGER OACORD CORPORATION 1993 ce-97 o7 a j -/oii K tGtIVtU VLL 1 5 19y! Af01t1). • CERTIFICATE OF INSURANCE DATE MM NNn PRODUCER J &H MARSH & McLENNAN OF ILLINOIS, INC. 500 WEST MADISON STREET, SUITE 2100 CHICAGO IL 60661 -2595 I .w,. ., ._G^ ■ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ■ COMPANY ' s A ZURICH INSURANCE COMPANY INSURED ,l.r I'61 .,t J111 _4 .:'vl,.: VIKING CONSTRUCTION, INC. 7303 BURLESON ROAD 11406 AUSTIN TX 78744 ' '' " ..COMPANY ..1 � l., B . COMPANY C COMPANY D COVERAGES ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM /DDM 4 POLICY EXPIRATION DATE Nf1 LIMITS A GENERAL X UABIUTY COMMERCIAL GENERALUABIUTY GLC 68 01/01/98 01/01/99 GENERAL AGGREGATE $ 1,000,000 PRODUCTS - COMP/OP AGG E 1,000,000 XI CLAIMS MADE I OCCUR PERSONAL &ADV INJURY $ 1,000,000 _ X OWNERS & CONTRACTORS PROT BROAD FORM VENDORS EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) 8 A AUTOMOBILE X - . _ — LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS - HIRED AUTOS NON AUTOS BAP 68 - 21 - 110 - 05 AOS MA 68 TAP 68 -21- 106-05 BAP 83 -74- 305 -01 VA BAP 83 -74- 302 -01 AOS TAP 83 -74- 303 -00 MA 83 -74- 301 -01 BAP 83 - 74 - 304 - 01 VA 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/99 01/01/99 01/01/99 01/01/99 01/01/99 , 01/01/99 01/01/99 01/01/99 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY per person) - $ BODILY INJURY , (Per accident) 8 E PROPERTY DAMAGE GARAGELIABIUTY _ ANY AUTO AUTO ONLY -EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE 8 EXCESS — UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ A WORKERSC OMPENSATION EMPLOVER S'UABIUTV THE PROPRIETOR/ PARTNERS /EXECUTIVE OFFICERS ARE AND — — INCL EXCL WC68 21 WC68 - 21 - 104 - 05 01/01/98 01/01/98 01/01/99 01/01/99 X 1 STATUTORY EACH ACCIDENT S 1,000,000 DISEASE - POLICY LIMIT E 1,000,000 DISEASE - EACH EMPLOYEE E 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS (WAITS MAY BE SUBJECT TO RETENTIONS) "REVISED" - SUPERCEDES CERTIFICATE OF INSURANCE ISSUED 8/07/97 CITY OF ROUND ROCK IS INCLUDED ON THE GENERAL AND AUTOMOBILE LIABILITY AS ADDITIONAL INSURED AS RESPECTS OEPRATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. CERTIFICATE HOLDER CITY OF ROUND ROCK ATTN: JOANNE LAND 221 EAST MAIN STREET ROUND ROCK TX 58664 CANCELLATION - , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 13414XXXXXXMAIL 30 DAYS WRITTEN - NOTICE TO THE CERTIFICATE-HOLDER NAMED TO THE LEFT, - . .. .. ..i . .. ,.. n..:.,.... :.: ; . .n ACORD S {3/93) AUTHORIZED REPRESENTATIVE STEVEN A. KRUEGER JP O (AOORE) CORPORATION 1993 RECEIVED DEC 1 61997 1 R- 97 -0 -a / - lOR CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT g 0 STREET MAINTENANCE PROGRAM PHASE I/ MICRO- SURFACING - 1997 JUNE 1997 OF ...• -. r � x 9 s �1 j ALVIN L WILLE j PLANS, SPECIFICATIONS 9 , 9 ,34939 0 ; 4, AND CONTRACT DOCUMENTS 11 '6 'te ► e ms i/it /97 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 2.0 BID DOCUMENTS 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 MMN TENANCE PROGRAM PHASE I/MTCRO- SURFACING -1997 (project includes approximately 3,450 ton Micro- surfacing application, related preparatory work and ancillary items.) will be received until July 8. 1997 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 MAI NTENANCE PROGR PHASE I/MICRO- SUR FACING - J 997 ". 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 24. 1997 for a non- refundable charge of $25.00 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 i rregularities 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 22, 1997 June 29, 1997 notfce97- smp/aw -spec Joanne Land City Secretary City of Round Rock NB -1 Round Rock Leader: June 23, 1997 June, 30, 1997 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. 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, bid97.smp/b:specaw BD -1 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. 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. bid97.smp/b:specaw BD -2 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. bid97.smp/b:specaw BD - a ., BID BOND KNOW ' ALL MEN BY THESE PRESENTS THAT WE, VIKING CONSTRUCTION, INC. as PRINCIPAL and _ FEDERAL INSURANCE COMPANY as SURETY, • " are held and firmly bound unto the CITY OF ROUND ROCK 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 SFIVE (59) PERCENT OF THE GREATEST AMOUNT BID- - 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 MAINTENANCE PROGRAM PHASE I/NTTCRO- SURFACING -1997 for which bids are to be opened at the office of the OWNER on JULY 8 1997 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 fors 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 JULY 1 , 1997. VIKING CONSTRUCTION, INC. FEDERAL INSURANCE COMPANY By: 4.,,,S ) `-- Surety: By:. "/ \ ./' r LINDA COUEY . _ (Seal) > ' _ - -- (Seal) bid97.sm tb: ' BD -4 p . b /b'd ATTY -IN -F: CT 13HON OZNR NHEE:0T 2.6, 10 lnr Corp Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Robert C. Siddons, Steven B. Siddons, Robert C. Fricke, Bettye Ann Rogers, James F. Siddons and Linda Couey of Austin, Texas each its true and IawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds. Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 13th day of February 19 97 enneth C. Wendel Assistant Secretary STATE OF NEW JERSEY ), ss. County of Somerset On this 13th day of February 19 97, before me personally came Kenneth C. Weirder to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duty swom, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Compa!1y, and that he signed said Power of Attomey as Assistant Secretary of said Company by like authority; and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attomey is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal Fmm 15-100183 (E0. 095) GENERAL POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 FEDERAL INSURANCE COMPANY BY Acknowledged and Sworn to before me on the date above written. THEREtA 0:C:+C.:517 Notary Puy `2:- C, Ccr:n:slca C ,y : , - I Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. STATE OF NEW JERSEY ss. County of Somerset f I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. CERTIFICATION "ARTICLE XVIII. Assistant Secretary Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attomey executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attomey. Section 3.M powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I further certify that said FEDERAL INSURANCE COMPANY Is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., this \ day of � .i l 19 OWNER: DATE: Gentlemen: Bid Rent Quantity TJnit 1. 3,450 Ton JULY 8, 1997 PROPOSAL BIDDING SHEET JOB NAME: STREET MAINTENANCE PROGRAM PHASE UMTCRO- SURFACING - 1997 JOB LOCATION: Round Rock, Williamson County, Texas City of Round Rock, Texas 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 PHASE T/MTCRO- SURFACING - 1997 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: PUBLIC WORKS Item Description And Written TJnit Price Micro - Surfacing (Polymer modified), Complete in place, per Ton. forO►Siiuua2EaP,FiEEti dollars ( and �t�t3iEFty cents. $ "b• $3c ? J ,(. 2. 1,800 S.Y. Pavement repair, complete in place, per square yard. for )i.ai- $ V% dollars and NO cents. $ 25 ao bid97.smp/b:specaw BD - Unit Price Amount ° $ 45,ccc Bid Item 9uantity IInif 3. 150 Ton bid97.smp/b:specaw Item Description And Written Unit Price HMAC, Type D, spot fill and level -up at street cuts, depressions and areas of curb and gutter replacement prior to micro- surfacing, including tack coat, complete in place, per Ton, foi .1{uN& Oi%`ti - dollars co o � and N) cents. $� $ 9.4 so 4. 600 L.F. Remove and replace concrete curb and gutter, complete in place, per linear foot, for 1`' t`A 't k"°u(t dollars 0 and IN cents. $9-`1• sk 5. 1,750 S.F. Remove and replace reinforced ' • concrete driveway, complete in place, per square foot, for dollars and %?k z. i'AO__ cents. $ 5 6. 35,000 L.F. Pavement marking paint (reflectorized), white and yellow, 4 inch width, complete in place, per linear foot, for 00 and j '-)El∎N tY2.E BD -6 Unit Price Amount dollars cents. $0.23 7. 400 Each Reflectorized pavement markers, Type ll -A -A, complete in place, per each, for dollars Oa and N c> cents. $ G $ 'i' c o VIM CONSTRUCTION, INC. 7303 BURLESON ROAD # 400 AUSTIN, TX 78744 Bid Item Description Unit Item Duantity Unit and Written Unit Price Price Amount 8. 800 Each Non- reflectorized traffic buttons, complete in place, per each, for CM F._ dollars and ( cents. $ 3 C) 9. 1,110 S.Y. 10. 60 S.Y. GRAND TOTAL - PUBLIC WORKS (Items 1 thru 10): STATEMENT OF SEPARATE CHARGES: Materials: bid97.smp/b:specaw BD - Pavement surface repair, (Circle Drive) for -N dollars 0,4 and MO cents. $ ‘ $ %1 1cO. Pavement Repair, (Circle Drive) for 1 wEN)s dollars csj cA and Nv � cents. S 2�• $ �`-)• sb ►� +93�� s \ S'} 200 .' All other Charges: S ?i a \ *Total: S b \ 183. * 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. 7 VIKING 30 B RRi.ESO #408 AUSTIN, TX T8744 d 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. Respec Ily ubmitted, —*.ki \ %........--------_ 1 H. 1�► ()Rat oal.R Date Title �1_ V\ KINGCUSINta%OWI► C- Name of Firm bid97.smp/b:specaw I303 % 'R4 4 4 0 6 fk,,s=a) 1-139%k Address SA 1SNS S'M Te - .hone it -... .'+ lIl_i ontractor is a Secretary, if Corporation BD -8 VIKING CONSTRUCTION, INC. 7303 BURLESON ROAD #408 AUSTIN, TX 78744 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT, made and entered into this �y -12 day of t Ti 2 y A.D. 1997 by and between the CITY OF ROUND ROCK, TEXAS acting through it's Mayor, Party of the First Part, hereinafter termed the OWNER, and �� NiN s l rwa rR(JG%/d nt /me of the City of AusTinr , County of / R/9 (As State of 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 y �i / 99 7 for certain improvements described as follows: Iu PR EET MAI 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. pstbid97.wp4pttAW AGREEMENT RAM PH PBD -1 FA 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: B By: Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of the State pstbid97.mphpecAW Party of the Second Part (Contractor) PBD -2 By: Party of the First Part (Owner) Mayor - City of Round Rock By ,PILES I O a.N 1 1 1 1 I� 11 11 11 1� 1 1 II 11 11 11 11 11 PERFORMANC BONI THE STATE OF TEXAS COUNTY OF WILLUMSON KNOW ALL MEN BY THESE PRESENTS: That / /,(41;, / t Ad. .z< of the City of 4✓si.;L , County of per; s , and State of Dom S , as Principal, and&EDERAL INSURANCE COMPAnthorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF ROUND ROCK TEXAS, (Owner), in the penal sum of F,: F{,MJrra.iwA$sr 4ouscNa o it Iwnd9[ i r, ilj 4 t,.r dollars ($ SIT *3.50 ) for the payment whereof well and tnily to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, succcssors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 1 day of Avy v ,1997 to which the contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein consisting of: STREET MATNTENANCE PROGRAM PAASF T/MTCRO- SURFACING. -1997 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. PBD -3 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 4,1..0) instrument this / 19,2. 1/l I[,N 1. C aN4.7 2r,. 7,cf,J /H! Principal By: pnbidg/.smpf pcalW FRANK SlpflfNS INCURANCE P. 0. BOX 2125 AUSTIN, TEXAS 78768 Title / /el/V /n w/ST?r, Address 7823 au at, os S { PBD -4 FEDERAL INSURANCE COMPANY Surety By: B. Title Address ,474.,. e fdA, i140= f.�SV�s7�E .� lamer 2/25 The name and address of the Resident Agent of Surety is : 'V 7d7L POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Robert C. Siddons, Steven B. Siddons, Robert C. Fricke. Bettye Ann Rogers, James F. Siddons and Linda Couey of Austin, Texas each its true and IawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 13th day of February 19 97 Form 15-160103 (Et 845) GENERAL FEDERAL INSURANCE COMPANY BY enneth C. Wendel Assistant Secretary STATE OF NEW JERSEY i ss. County of Somerset J On this 13th day of February 19 97, before me personally came Kenneth Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attomey is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attomey as Assistant Secretary of said Company by like authority and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscnbed to said Power of Attomey is in the genuine handwriting of said Frank Robertson and was thereto subscnbed by authority of said By -Laws and in deponent's presence. Notarial Seal Acknowledged and Swcyn to before me on the date above wntten. Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. THErian C:C S: Notary Ps.; _. - . L STATE OF NEW JERSEY County of Somerset ss. CERTIFICATION I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. 'ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or Its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attomey executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attomey. Section 3. All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certrfied by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached.' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attomey is in full force and effect Given under my hand and the seal of said Company at Warren, N.J., this // day of IL/ . 19 Co Assistant Secretary THE STATE OF TEXAS COUN7YOF WILLIAMSON PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That d.Kr4 rr.�s {/wt 4. .Z.?. , of the City of .4 vs 1i.. , County of fi a o %s , and State of Vex' a -S as Principal, and=EDERAL INsURANCEdlititadred under the laws of the State of Texas to act as Surety an Bonds for Principals, are held and firmly bound unto THE CITY 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 m upon this bond, in the penal su of i7; 4.4e4JA PAe tefilelt , 7�/4! Dollars ($ S /q, /P3. Sa ) 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 / day of Af 1997, 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 PR'A SE U MTCRO- SURFACING - 1997 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Principal shall well and truly pay all subcontractors, workers, Iaborers, 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 farce 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. pnbid97..mp6prcAw PBD -5 I 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 it's 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 / day of A , 1947. b ean. I JR (6,347 d!Ur 7In..r , /Nr . Principal By C� 9 2...SxflZN Title UIK /N d CON$T(IOc7'O hic 2303 au( 2LP -, 1 11 4( Address ,4u6%i,u Tx The name and address of the Resident Agent of Surety is : FRANK SIDDONS INSIIRANCF P. 0. BOX 2125 AUSTIN, TEXAS 78768 pubid97.30p speaAW PBD -6 rEDFRAL INSURANCE COMPANY Surety By: /ll� f �a Title - Address 7t 7 yv ow '(t. 4df4; 9PZ6P ck POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Robert C. Siddons, Steven B. Siddons, Robert C. Fricke Bettye Ann Rogers, James F. Siddons and Linda Couey of Austin, Texas each its true and lawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behaif as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 13th day of February 19 97 Fan 1610.0183 (Et 695) GENERAL FEDERAL INSURANCE COMPANY BY - 1 ffr" k Robertso enneth C. Wendel Assistant Secretary STATE OF NEW JERSEY i ss . County of Somerset f On this 13th day of February 19 97, before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation describod in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power ofAttomey is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authonty of said By -Laws and in deponent's presence. Notarial Seal Acknowledged and Swom to before me on the date above written. IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. THERE° 1 r . CIG:- C.'.3%'I • Notary Piz . ' STATE OF NEW JERSEY ss. County of Somerset I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. Section 2. All bonds, undertakings, contracts and other Instruments other than as above for and on behalf of the Company which it is authorized by law or Its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attomey executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided In such resolution or power of attorney. Section 3. All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby cart' that the foregoing Power of Attomey is in full force and effect. I Given under my hand and the seal of said Company at Warren, N.J., this /3T day of :r. R 19 Co CERTIFICATION 'ARTICLE XVIII. Assistant Secretary A/.11i11ue CERTIFICATE OF INSURANCE DATE(MM/DDN11 08/15/97 PRODUCER JOHNSON & HIGGINS OF ILLINOIS, INC. 500 WEST MADISON STREET, SUITE 2100 CHICAGO IL 60661 - 2595 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ZURICH INSURANCE COMPANY INSURED VIKING CONSTRUCTION, INC. 7303 BURLESON ROAD 4406 AUSTIN TX 78744 COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. of TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDN1) POGCV EXPIRATION DATE (MM /DDM1 UMITS A GENERALUABIUTY X COMMERCIAL GENERALUABILITY GLC68 -21- 103 -04 01/01/97 01/01/98 GENERAL AGGREGATE $ 1,000,000 PRODUCTS• COMP/OPAGG $ 1,000,000 _ X XI CLAIMS MADE ■ OCCUR OWNERS & CONTRACTOR'S PROT BROAD FORM VENDORS PERSONAL &ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ A AUTOMOBILEUABIUTY X _ _ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BAP 68.21- 110 -04AOS MA 68- 21- 105-04 TAP 68 -21- 106 -04 BAP 83 -74- 305 -00 VA BAP 83 -74- 302 -00 AOS TAP 83-74-303-00 MA 83 -74- 301 -00 BAP 83 -74- 304 -00 VA 01/01/97 01/01/97 01/01/97 01/01/97 01/01 /97 01/01/97 01/01/97 01101/97 01/01/98 ,,, 01/01/98 01/01/98 01/01/98 - 01/01 /98 01/01/98 01/01/98 01/01/98 COMBINED SINGLE UMIT $ 1,000,000 BODILY INJURY ( P e r person) $ - BODILY INJURY • , (Per accident) • -- ' $ - '- - - 5 PROPERTY DAMAGE GARAGE WIBIUTY ANY AUTO '- AUTO ONLY- EA ACCIDENT $ OTHER THAN AUTO ONLY' EACH ACCIDENT $ AGGREGATE S EXCESS UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ S A WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND — INCL EXCL WC 68 - 21 - 108 WC 68 - 21 - 104 01/01/97 01/01/97 01/01/98 01/01/98 X 1 STATUTORY UMIIS EACH ACCIDENT $ 1,000,000 DISEASE -POUCY LIMIT $ 1,000,000 DISEASE• EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS (OMITS MAYBE SUBJECT TO RETENTIONS) "REVISED" - SUPERCEDES CERTIFICATE OF INSURANCE ISSUED 8/07/97 CITY OF ROUND ROCK IS INCLUDED ON THE GENERAL AND AUTOMOBILE LIABILITY AS ADDITIONAL INSURED AS RESPECTS OEPRATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. , CERTIFICATE HOLDER CITY OF ROUND ROCK ATTN: JOANNE LAND 221 EAST MAIN STREET ROUND ROCK TX 78664 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL AQCCMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, :.: t . ,.. -- .. .• ...... ., f.: .., ..T . -�: •. ACORD 25.0 taxa} AUTHORIZED REPRESENTATIVE STEVEN A. KRUEGER? XJJ p` 0 ACORD CQRPO - N 1983 A/t//1r1110 CERTIFICATE OF INSURANCE DATE(MM/DD/YY) 08/15/97 _ PRODUCER JOHNSON & HIGGINS OF ILLINOIS, INC. 500 WEST MADISON STREET, SUITE 2100 CHICAGO IL 60661 -2595 ' .. "` ` ,_` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A AA ZURICH INSURANCE COMPANY INSURED _, VIKING CONSTRUCTION, INC. I V 7303 BURLESON ROAD #406 "O '' -- , d'C .r• .AUSTIN TX 78744 - - '�• • �N COMPANY O - - - - COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MR/DIVVY) POLICY EXPIRATION DATE(MM/DO/W) UMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GLC 68 - 21 - 103 - 04 01/01/97 01/01/98 GENERAL AGGREGATE $ 1,000,000 PRODUCTS - COMP/OP AGG 8 1,000,000 X I CLAIMS MADE n OCCUR PERSONAL 8 ADV INJURY 8 1,000,000 _ X OWNER'S 8 CONTRACTOR'S PROT BROAD FORM VENDORS EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) s MED E (P (Any one person) 8 A AUTOMOBILE `X _ LIABILITY ANY AUTO - -' ALL OWNED AUTOS ' SCHEDULED AUTOS HIRED AUTOS NONOWNEO AUTOS BAP 68 - 21 - 110 - 04 AOS MA 68 - 21 - 105 - 04 TAP 68-21-106-04 BAP 83-74-305-00 VA BAP 83-74-302-00 AOS TAP 83 -74 -303 -00 MA 83-74-301-00 BAP 83-74-304-00 VA 01/01/97 01/01/97 01/01/97 01/01/97 01/01/97 - 01/01/97 01/01/97 01/01/97 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 01/01/98 COMBINED SINGLE LIMIT 0 1,000,000 BODILY INJURY _ (Per person) $ BODILY INJURY (Per accident) $ s PROPERTY DAMAGE GARAGEUABIUTY — ANY AUTO AUTO ONLY -EA ACCIDENT 8 OTHER THAN AUTO ONLY. EACH ACCIDENT 8 AGGREGATE $ EXCESS — LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION EMPLOYERS'UABIUTY THE PROPRIETOR/ PARTNERS/EXECUTIVE AND — INCL EXCL WC 68-21-108-04 WC 68 - 21 - 104 - 04 01/01/97 01/01/97 01/01/98 01/01/98 X1 STATUTORY UMITS EACH ACCIDENT $ 1,000,000 DISEASE• POLICY UMIT $ 1,000,000 DISEASE - EACH EMPLOYEE 5 1,000,000 OFFICERS ARE OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS (UMITS MAY BE SUBJECT "REVISED" - SUPER CEDES CERTIFICATE OF INSURANCE ISSUED 8/07/97 CITY OF ROUND ROCK IS INCLUDED ON THE GENERAL AND AUTOMOBILE LIABILITY OR ON BEHALF OF THE NAMED INSURED. TO RETENTIONS) AS ADDITIONAL INSURED AS RESPECTS OEPRAT IONS PERFORMED BY C ERTIFICATE HOLDER CITY OF ROUND ROCK ATTN: JOANNE LAND 221 EAST MAIN STREET ROUND ROCK TX 78664 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ASCDHCMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, .. .. . • ACORD25 -S {3/93) AUTHORIZED REPRESENTATIVE STEVEN A. KRUEGE Cat. - DACORO CORPO- / $0N 1993 - 4 RECEIVED AUG 9 9 9997 {tt,...v-- -.J: �+- Ml'.r.._._ : `RRLanr V:L.«.Y I PRODUCER JOHNSON & HIGGINS OF ILLINOIS, 500 WEST MADISON STREET, CHICAGO IL 60661 -2595 INSURED - - •- - -•••• I VIKING CONSTRUCTION, INC. 7303 BURLESON ROAD #406 AUSTIN TX 78744 I ' 151 � .. ...::. . .. .. "• w,„ . ...r,, T : ,ry `'C;4 DATE (MM/DEMI .. xc .. ... 1 TI-116 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INC. I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SUITE 2100 1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Y OOV MANY A ZURICH _ -_. _ __ ._.._ _._. COMP,L Y •••_ 8 i COMPANY C ODM^ Nw 0 COMPANIES AFFORDING COVERAGE INSURANCE COMPANY I ' CO &A ST � , -`a:" +. -; : THIS IS TO O CERTIFY THAT THE POLICIES INDICATED, NOTWITHSTANDING ANY CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND 000017ION5 OF TYPE OF INSURANCE _ — W OF ;NSURAN ^E Lis"ED 3ELO HAVE BEEN ISSUED REQUIREMENT, - ERM 051 CONDITION OF AN' CONTRACT MAY PER-AIN, 1140 INSUPANCE AFFORDED BY T.'8 POLICIES SUCH PO LICIES L MITE SHOWN. MAY HAVE BEEN REDUCED W:LCTM14 POLICY NUMN:i 1 D.ATE(M/A/CD,Y'/) , � r TO THE INGUREDNAMEDABOVEFOR THE CR OTHER DOCUMENT WITH RESPECT DESCRIBED HEREIN IS SUBJECT TO EY PAID CLAIMS __ ____ �� 1 PERIOD TO WHICH THIS ALL THE TERMS, — POLICY EI(PIRATION I DATE(MMIDDMI LIMITS A ' GENERALUADILITY X _u X ^� COMMERCIAL GENERAL UABIUTY - � CLAIMS MADE n OCCUR OwNERS 0 CONTRACTORS PROT BROAD FORM VENDORS GLC 6E - 21 - 103.04 1 -01/01/S7 i 1 01/01/98 01/01/98 01 01:0198 0'/01198 01/01798 01/01/98 01401198 01/01/98 GENERAL AGGREGATE 5 1,000,000 PRODUCTS - COMP/CPAGG 5 1,000.000 PERSONAL E. A0V INJURY s 1,000.00D EACH OCCURRENCE F 1,000.000 5 FIRE DAMAGE (Any one Dre) ' FO E)(P O M one Demon) COMBINED SINGLE UMIT 5 5 1000,000 I A ' 1 AUTOMOBILE _X -' _ - _ 7 1 UABIUTY ANY AUTO All OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS I NON{1WNEDA;RCS _ - BAP 68- 21.11044003 • 11101/57 MA 68.21 - :05.114 ; OV01(97 TAP68 - 21 - 106 - )4 j 01 /0' /97 SAP 83- 74- 305.00'oA 01101 BAP 83- 74302 -00 ACS 31/01,1+7 TAP 89 -74- 303 -50 91/01,97 MA 85 -74- 301 -00 01/01.97 BAP 8s-74-304-00 VA 01/01/97 BODILY INJURY IPCPc,'An) $ -- BO55DILYIiNJURacn0 Y IP � --- . - PROPERLY DAMAGE s 1 O_AMOE 1 LIABILITY 1 ANY AUTO 1 1 _ AUTO ONLY• EAASC10ENT S OTHER THAN AUTO ONLY: . -_ ,.,•,. EACH ACCIDENT _- 5 _- AGGREGATE 5 I 894805 UARIL / 'Y UMBRELLA FORM OTHER THAN UMBRELLA FORM • I EACH OCCURRENCE IACGREGATE 5 � 5 A ' WORKERS COMPENSATION AND E)4PWYERS THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL WC 68 1 01/01(9: 1 '01/01/98 WC 65.21.104 -14 I 01 /01/9: 01/01/98 I x STATUTORY _ , . EACH ACCIDENT 5 1,000,000 DISEASE - POLICY UMIT 5 1,000000 DISEASE• EACH EMPLOYEE s 1,000,000 ' OTHER I ' DESCRIPTION OF OPEMTOILS /LOCATIOHSNENIC1F55PECIAL1TC'd5 (LIMITS MAY BE SUBJECT TO RETENTIONS) "REVISED" - SUPERCEDES CERTIFICATE OF INSURANCE iSS2 5107/97 CITY OF ROUND ROCK I5 INCLUDED ON IRE GENERAL AML. AUTOMOBILE L/A91LI'• AS ADDITIONAL INSURED AS RESPECTS OEPRATIONE PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. 1 ,E --- ... ' CITY OF ROUND ROCK ATTN: JOANNE LAND 221 EAST MAIN STREET ROUND ROCK TX 78664 ' sr�TT ra�tr .. .......:........ ' �AY CE ' 1i �' a i "ii ".i;i= ?':"; .: ". 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ! E ^PITIATION MATE THEREOF, THE ISSUING COMPANY WILL FYI CXXI DX.MAL _= OAK WRITTEN NOTICE 15 THE CERTIFICATE HOLDER 95/450 TO THE LEFT. i eX ' ' • dEXX:XXXII'/OGX:XXX X#11#90fa as AUIORIZEO S REP STE': EN A. • .... :: 1�/ 5*' KRUEGER � p1. ,`7/--L.-A_^•,�_�IS/..�„ R , ....,'ri3 .. .....:. e :N; iCQRl)CORP.OSA 312640320 JOHNSON&HI 1313 INS CAS. F - 707 T -359 P -002 AUG 15 '97 12:09 08/07/97 09:17 $` CODE SUB.CODE INSURED Viking Construction, Inc. 7303 Burleson Road 4406 Austin, TX 78744 LOCATION/DESCRIPTION S E °ka'a9.ai .`.vi. Inland Transit • AON RISK SERVICE INLAND MARINE TRANSIT, covering all goods and 2,000,000 per merchandise in which the Assured has an interest and /or conveyance Is responsible for. tiatrii S.'.. . - 04411,4)10,/ DEDUCTIBLE .�a CO ERAGEIPERILS/FORMS AMOUNT OF INSU - • CE THE POLICY 1S SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS' WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. srY x 4 >.y NAT RE OF INTEREST NAME AND ADDRESS City of Round Rock ' 221 E. Main Street Round Rock, TX 78664 ['MORTGAGEE ID LOSS PAYEE SIGNATURE OF AUTHORIZED AGENT OF COMPANY ❑ ADDmONAL INSURED ❑ (OTHER) 303451 1 EFFECTIVE DATE (MM/DOtYY) 02/01/97 EXPIRATION DATE (MM/DDfYY) CONT. UNTIL 02/01/98 TERMINATED IF CHECKED D A EVIDENCE OF PROPERTY INSURANCE THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER COMPANY AON RiskServlces, inc. of the Carolinas Geriing America Insurance Co. 3334 Healy Drive, Suite 301 New York, NY 10022 Winston -Salem, NC 27103 910. 659-3669 LOAN NUMBER POLICY NUMBER 6000021 THIS REPLACES PRIOR EVIDENCE DATED: IC 002/002 Date (MM/DD/YY) August7, 1997 To: City of Round Rock 221 East Main Street Round Rock, Texas 78664 TYPE OF INS. Workmen's Compensation Comprehensive General Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Contractors p tbidm.mp pcnw CERTIFICATE OF INSURANCE 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. POLICY EFFECTIVE NO. DATE PBD -7 Date: Description of Work EXPIRATION DATE LINIITS OF LIABILITY Statutory, State of Texas, $ Employer's Liability Bodily Injury 5 /person $ /person Property Damage $ /accident $ aggregate Bodily Injury $ /person $ /accident Property Damage 5 /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. r,th id97.s p/ p. AW $ /accident Name of Insurer By: Title: Address: PBD -8 MAINTENANCE BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto TAE CITY OF ROUND ROCK. TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) 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 and p tbid97.amphpccAW PBD -9 day of , A.D. nineteen hundred WHEREAS, the said Principal has heretofore entered into a contract with The City of Round Rock. Texas. Dated for construction of: STREET MAINTENANCE PROGRAM PHASE I/MICRO - SURFACING - 1997 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. Principal Surety By By p,tbid97..mp/apecAW PBD -10 4.0 GENERAL CONDTITONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 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 General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 2.01 - Owner- Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of 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 gcncond mst/spec GC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 gencond rose/spec GC -2 6. Extra Worts 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 genccad msVscec GC -3 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents remand mst'spec 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. 1.03 Subcontractor The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes 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. 1.04 Sub - subcontractor 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 furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. GC -4 1.05 Written Notice 1.06 Work 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, furnish 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 Working Day A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day "Calendar Day" is any day of the week or month, no days being excepted. 1.10 Substantially Completed gencnnd mss/spec 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. GC -5 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 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. 2.03 Payments for Work gcncond.msJspee 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. GC -6 2.04 Initial Detern inations 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 gencond msUspee 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 furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The contractor shall give the Engineer ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking superintendent and any necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his GC -7 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 gencond met/epee 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 if 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 GC -8 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 gcn:ond msJspcc 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 no 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 fumish 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 GC -9 time. gencand mst/spec 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 furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, 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 GC -10 be in full accordance with this contract. 2.15 Changes and Alterations gencond m•. /.pee 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 -II g ncond mstlspec 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. - GC -12 3.05 Collateral Contracts gencond msUspec 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 govem. 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 Construction 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 GC -13 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 gencond m vapcc 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 GC -14 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 Futnishets of Machinery, Equipment and Supplies gencond ms&spee 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 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 GC -15 such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all Federal, State and local laws, 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 Attorney, or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification gencond msVapse 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 attomeys' 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 GC -16 gencond ms f.pec 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. GC -17 gencond msVspec Persons providing services on the proiect ( "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, OH, 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 govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the GC -18 geneond mntspec 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 GC -19 gencond mstspec (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 governmental 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 governmental 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. 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 gencond msc'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 retum 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-up Upon the completion of the work and before acceptance and final payment will be made, the Contractor shall clean and remove from the site of the work, surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. In the event Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period ofw year from the date of acceptance of the project. Said warranty binds the contractor boxed 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 gencond msUspee 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. 3.22 Wage Rates 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. 4. Prosecution and Progress 4.01 Time and Order of Completion GC -22 gcncond msdspca 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 GC -23 5.02 Estimated Quantities gencand ma /spec 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 fumished 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 furnished 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 fumished. 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 fumishing 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. GC -24 5.04 Partial Payments gencond mWspee 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 furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial 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 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 pencond mstispec 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 nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. b) c) d) e) Claims filed or reasonable evidence indicating probable filing of claims. Failure of the Contractor to make payments properly to subcontractors or material or labor. Damage to the Owner or another contractor's work, material or equipment. for 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 Orden 6.02 Minor Changes geneond mst'spen 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 6.03 Extra Work gencond mscIspec in writing shall advise the Owner of his request to the Engineer for a written Field Order and that work involved may result in an increase in the Contract Price. Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 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 ccmmences, the method of doing the work and the type and kind of GC -28 gcncond m sVspec 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 lime 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 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 gencond mstispee postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 6.06 Arbitration All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any questions submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 7.01 Abandonment by Contractor In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of the Engineer, when such orders are consistent with 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 msdsprc 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-3 1 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 gencond msUspec In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the GC -32 notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 8. Subcontractors 8.01 Award of Subcontracts for Portions of the Work gencond mst'spec Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for 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 gencond m :u :P« 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 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 gencond m.tlepcc 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 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: gencond ms /spec Documents. The Contractor shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Engineer. Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. (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 gencond mst/spec The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances. 1. The Contractor shall furnish the City of 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 mg/spec 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 -3 8 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 01 - 01 ENGINEER 01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED specond.gat/aw.spec 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. 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 of 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. 01 - 05 LOCATION The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 01 -06 TJSAGE 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 procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 - 07 PAY ESTIMATES If pay estimates from the Contractor are not received by the Engineer on or before the time specified in Section 5.04 of the General Conditions, then the pay estimate will not be processed and will be returned to Contractor. specond.gat/aw.spec SC -2 SECTION 02- SPECIAL CONSIDERATIONS 02 -01 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 - 02 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his 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 for the period that the Maintenance Bond, as outlined in Section 04 of the 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, fmal 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 specond.gat/aw.spec SC -3 specond.gat/aw.spec 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 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 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) SC -4 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 TJTILITY 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 changes made by owners of privately owned utilities which hinder progress of the work. 02 -12 CONSTRTJCTION 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. specond.gaVaw.spec SC - 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. specond.gat/aw.spec SC -6 SECTION 04- MAINTENANCE BOND specond.gat/aw.spec 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 .. - . f - . - improvements. :. Is :. 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 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. SC -7 SECTION 5 INSTTRANCE 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 Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." specond.gat/aw.spec SC -8 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: 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. specond.gat/aw.spec SC -9 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 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. specond.gat/aw.spec SC -10 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 SPECIFICATI 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. 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. tecspc96.smp /aw TS -1 ITEM 2 CONTROL OF WORK 2.01 CLEAN - UP 2.01.1 CONSTRTLCTJ J STTE 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 do so by the Engineer. 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. 2.01.2 ACS ORK 2.02 GRADING tecspc96.smp /aw 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. TS -2 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. 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 CONSTRTJCTION STAKING The Engineer shall furnish the Contractor reference points and benchmarks for construction as necessary. 3.04 FROTECTTON OF STAKES. MARKS. ETC, All engineering and surveyor's stakes, marks, property comers, 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 comers, etc., shall be replaced by the Contractor at the Contractor's sole expense. tecspc96.smp /aw TS -3 ITEM 4 PROTECTION AND PRECAUTION 4.01 WORK IN FREEZING WEATHER Portions of the work may continue as d by the Engineer. 4.02 PROTECTION OF TREES. PLANTS AND SHRUBS tecspc96.smp /aw 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 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 TISE OF PREMISES The Contractor shall, at his own expense, provide additional space as necessary for his operations and storage of materials. TS -4 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 -4 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. 5.02 MATE IA IP L AND WO 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 seta 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. tecspc96.smp /aw TS -5 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 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 fmal acceptance and shall remove them after fmal 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 tecspc96.smp /aw TS - 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 -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. tecspc96.smp /aw TS -7 1 1 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 1 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 I 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 1 same respective location that they were in prior to construction, unless otherwise requested by the property owner. However, all mail boxes shall be I installed according to postal regulations regardless of the installation prior to construction. 1 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 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 I 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. 1 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 I 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. 1 1 1 tecspc96.smp /aw TS -8 TEEM 9 MICRO-STJRFACING (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 % 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 ''/ inch plus cracks with liquid asphalt as this will be considered subsidiary work pertaining to the various bid items. 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 lip 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) micncapec /aw /lk 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. In addition, the emulsion shall be homogeneous, shall show no separation of polymer and shall comply with the following requirements: Min Max 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: Penetration, 77 F, 100 g, 5 seconds Ductility, 77 F, 5 cm /min, cm Solubility in trichloroethylene, percent Softening Point, R. & B., F 1 -8 55 70 97 135 90 1 1 *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. 1 (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 1 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 1 accordance with Test Method Tex - 411 -A. The test shall be performed on the gradation to be used on the project. 1 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 R, Washed Sieve Analysis, the gradation requirements shall be as follows: 1 Grade 1 Percent Aggregate (Fine Graded Surface Course), By Weight ' Retained on 3/8" sieve 0 Retained on No. 4 sieve 0 -2 1 Retained on No. 8 sieve 10 -25 Retained on No. 16 sieve 25 -50 Retained on No. 30 sieve 50 -70 ' Retained on No. 50 sieve 65 -82 Retained on No. 100 sieve 79 -90 Retained on No. 200 sieve 85 -95 1 ra crwpec /aw /lk 2 -8 1 3. Paving Mixture. mi crospec /aw /ik Grade 2 (Coarse Graded Surface Course) Percent Aggregate By Weight 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 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. (3) Water. The water shall be potable and shall be free of harmful soluble salts. (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 control of the set time in the field. (1) Mixture Design. 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 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. (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 3 -8 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. (3) miccoapec /aw /lk Determination of Mixture Composition and Tolerances: Determination of aggregate gradation may be based on sieve analysis of representative samples taken from the stocicpile 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 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 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. mieroepee /aw /1k mixture shall not vary from the design amount by more than the allowed tolerance and is also restricted to conform to the master limits. 5 -8 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. 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. 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. (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 (3) microspec /aw /lk 6 -8 (5) miccaspec /aw /1k 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 O CHISHOLM VALLEY AREA 0 KENSINGTON AREA O TWIN RIDGE AREA 0 GREENSLOPES AREA 9 STREET MAINTENANCE PROGRAM 1997 (PHASE 1) MICRO- SURFACING 1' = 5000' LOCATION MAP 8 1' =600' "CHISHOLM VALLEY AREA STREET MAINTENANCE PROGRAM 1997 LEGEND (PHASE 1) AREA TO RECEIVE MICRO- SURFACING AREA TO RECEIVE ASPHALTIC CONCRETE AREA OF PAVEMENT REPAIR AREA OF REMOVE & REPLACE C & G REMOVE & REPLACE REINFORCW CONC DRWY (SEE GENERAL NOTES ON PAGE _) 6 STREET MAINTENANCE PROGRAM 1997 LEGEND (PHASE I) = 600' "KENSINGTON AREA" 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 ..) wr (Irma ■ "oti: s* mai 1 A iMI N : Ib. mole. iii 00, AUM11111111111 IN g 0 - 1 0,.., sumompo Impl ...0 i trantlitggrammunklitarVI ! V ■ 1: m ��"� 1 1111111 ' 1111111g1111�1 1111111 - II r \\ 1 ��.. 11111111111111 / Wm a IN g iu>■ i a= 5: higitialtl e �� iry+= _ � � NW ■ n= ..- E SE VI insarearMillitro, Em i7 :i:PL■ H c� tali : C 2■ NW �'� � �� :� limr I &T sr . X11 � 1 SCHOOL I _ %. � � '�� I �r�:! I ,4 11. %�, ,o,„ : '111 • Ini no a- • 0 .� • ■ • ••:ti: • . Noma ;!p • STREET MAINTENANCE PROGRAM 1997 LEGEND (PHASE I) ,• = 600' "TWIN RIDGE AREA AREA TO RECEIVE MICRO— SURFACING AREA TO RECEIVE ASPHALTIC CONCRETE AREA OF PAVEMENT REPAIR AREA OF REMOVE & REPLACE C & G REMOVE & REPLACE REINFORCED CONC ORWY (SEE GENERAL NOTES ON PAGE _r__) o.11111( 1 * m 4 lb WA 1 * os = • i $ . ' I ..,41t. 0 • , . • 01 a smag F.-. .., ..,., 0 I. • r....2 -L.. 4 0 ... gills %tun I Ii. a, . 0 111 Is' mmiiiiiiiiim • . , •• a 42 2 umonmuu u ride' II ,," s: alai • 411:t: ,N s 11111111111111111111INDA e 1.- • • s = IMMUMEtiluIrirun limo , *„.-111 E % . esmumum ur I g nuumus0 I ■ • VA - Il " qiuumuumun nummullasot 0 ,f: Ft Ahell Li iii111111101111Inum ounionaltSvi :j '3Ionry 4 ..waimmtpumi ,E, illigNiGenniatitv ; t s ok , * a N , I. ge te iv lulhatinoo A 141 agam •411 1.1 ig s ciilizipsol goo ort 7 ,,,....21 SS sa minriaW 0 0 - v# AO 1 /401111111".°-12 SE Sal Eginritt INS,VittO %\ . LI r.":. WEI ..==--d, sulker. •130„tvet.), \4 k , ..4 "115•:=1--.:112— wriSSA0,4 4.0-4s. ■•=.=.:000 .ii 0 , ' ‘‘. ory i .- _ _A, ‘,#. sit:: il or .it. * 4+ qr.* .. -=:,== umErancournot - • ' *7 - - ' IN •IWIIIIIIrO , . 444 ■ - '°1°.. in LipPFragits„ ism ai 4,) 4 lia---4 imulti, - ■ 11/11“ • STREET MAINTENANCE PROGRAM 1997 LEGEND (PHASE I) = 600' Olt "GREENSLOPES AREA AREA TO RECEIVE MICRO-SURFACING AREA TO RECEIVE ASPHALTIC CONCRETE IZEZZI AREA OF PAVEMENT REPAIR AREA OF REMOVE & REPLACE C & G REMOVE & REPLACE REINFORCED CONC DRWY (SEE GENERAL NOTES ON PAGE e72,1.0 APPROXIMATE LOCATION OF PAVEMENT REPAIR AREA SEE INSERT 1 TYPICAL) FOR SCHEMATIC REPRESENTATION OF PAVEMENT SURFACE REPAIR AREA BID ITEM NO. JAL: PAVEMENT REPAIR, (CIRCLE DRIVE), SHALL CONSIST OF SAWCUTTING THE LIMITS OF THE REPAIR AREA, EXCAVATING THE EXISTING PAVEMEN TO A DEPTH OF 8', COMPACTING THE REMAINING BASE, INSTALLING IN TWO 3' LIFTS, A TYPE A OR TYPE B HOT MIX ASPHALTIC CONCRETE BASE COURSE FOLLOWED BY A 2' DEPTH TYPE 0 HOT MIX ASPHALTIC CONCRETE SURFACE COURSE. THE ACTUAL AREA TO BE REPAIRED SHALL BE AS LAID OUT BY THE ENGINEER AND IS APPARENT AND VISIBLE AS A FAILURE AREA. STREET MAINTENANCE r PROGRAM 1997 (PHASE 1) CIRCLE DRIVE PAVEMENT REPAIR INSERT 1 SCHEMATIC REPRESENTATION OF PAVEMENT SURFACE REPAIR AREA BID ITEM NO. 9 • PAVEMENT SURFACE REPAIR. (CIRCLE DRIVE), SHALL CONSIST OF SAWCUTTING THE LIMITS OF THE SURFACE REPAIR AREA EXCAVATING, SHAPING AND COMPACTING THE EXISTING BASE, APPLYING AN ASPHALTIC PRIME COAT AND PLACING A 2' LIFT OF TYPE D HOT MIX ASPHALTIC CONCRETE SURFACE COURSE. THE AREA OF PAVEMENT SURFACE REPAIR SHALL BE AS LAID OUT BY THE ENGINEER AND IS GENERALLY THE AREAS BETWEEN THE CONCRETE VALLEY GUTTER AND THE EXISTING STREET PAVEMENT BETWEEN THE DRIVEWAY APPROACHES. THIS IS A SHOULDER AREA WHICH PREVIOUSLY WAS SURFACED WTTH AN ASPHALTIC SEAL COAT. 2 NOT TO SCALE STREET MAINTENANCE PROGRAM 1997 (PHASE 1) CIRCLE DRIVE PAVEMEMT REPAIR PAVEMENT SURFACE REPAIR AREA 1 1 GENERAL NOTES 1 1 1 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. 1 1 1 1 1 1 1 1 1 ' 10. The Round Rock City Council shall not be petitioned for acceptance until all necessary easement documents have been signed and recorded. 1 1 1 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. 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 final acceptance. 11. When construction is being carried out within easements, the Contractor shall confine his p1w96.ampib:apceaw PDN-4 work to within the permanent and any temporary easements. Prior to final acceptance, 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: BMAC spot fill and level -up at street cuts, depressions and areas of curb and gutter replacement, 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 line and areas where curb and gutter is being replaced to eliminate ponding areas and improve the grade line. 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. plan196.1mp/h:lpaaw PDN -5 IASat1o11 TILDE Meadowcreek Dr. from Greenlawn to Logan Double yellow with single - Type II -A -A reflectorized pavement marker at 40' spacing. Lawnmont from Garden Path to Gattis School Rd. - Double yellow with single - Type II - A reflectorized pavement marker at 40' spacing. Chisholm Valley Dr. Double yellow with single - Type II-A -A reflectorized pavement marker at 40' spacing. Frontier Trail Double yellow with single - Type II-A -A reflectorized pavement marker at 40' spacing. Rawhide Dr. Double yellow with single - Type II-A -A reflectorized pavement marker at 40' spacing. Old West Dr. Double yellow with single - Type II-A -A reflectorized pavement marker at 40' spacing. School Days Lane from Cushing to Lawnmont Double yellow with single - Type II-A -A reflectorized pavement marker at 40' spacing. St. Williams Street from Cactus to Chisholm Valley Dr. Double yellow with single - Type II - A reflectorized pavement marker at 40' spacing. Various Locations at street intersections 12" White stop bar with non- reflectorized buttons. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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: 18. Bid Item No.9: Pavement Surface Repair, (Circle Dr.), shall consist of sawcutting the limits of the surface repair area, excavating, shaping and compacting the existing base, applying an asphaltic prime coat and placing a 2" lift of Type D hot mix asphaltic concrete surface course. The area of Pavement Surface Repair shall be as laid out by the Engineer and is generally the areas between the concrete valley gutter and the existing street plms96amplb:epmaw PDN -6 pavement between the driveway approaches. This is a shoulder area which previously was surfaced with an asphaltic seal coat. 19. Bid Item No. 10: Pavement Repair, (Circle Dr.), shall consist of sawcutting the limits of the repair area, excavating the existing pavement to a depth of 8 ", compacting the remaining base, installing in two 3" lifts, a Type A or Type B hot mix asphaltic concrete base course followed by a 2" depth Type D hot mix asphaltic concrete surface course. The actual area to be repaired shall be as laid out by the Engineer and is apparent and visible as a failure area. piw96.mtp/b:apeeaw PDN -7 STREET AND DRAINAGE NOTES 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. plaa.96.amplb:epuaw 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 Highw latest edition. This manual shall also apply to new construction in this project. pLws96.amplb:cpeesw 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. plms96.mmp/b:spasw EROSION AND SEDIMENTATION CONTROL NOTES PDN -9 WHEREAS, the City of Round Rock has duly advertised for bids for the 1997 Street Maintenance /Micro Surfacing Program, Phase 1, and WHEREAS, Viking Construction Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Viking Construction Inc., 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 Viking Construction Inc., for the 1997 Street Maintenance /Micro Surfacing Program, Phase 1, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of July, 1997. ATTEST: E LAND, City Secretary X \WPOOCS \RESOLVII \R570724A WPO /ecg RESOLUTION NO. R- 97- 07- 24 -10A CHARLES CLYLPL ER, Mayor City of Round Rock, Texas • • r g7 Z - Y 7r :: :.c.:4\. ^ THE CITY OF ROUND ROCK ` f, / . �� *900 BIDS • PUBLIC WORKS DEPARTMENT 1"' ALVIN L.WILE ., 2008 ... Enterprise Dr. 4 . t. Round y i s 34339 m7o • (512) 218- 5555Texas. 78664 • /4±, T g P , D TABULATION 7/997 EXTENDED AND CHECKED BY : AI Wilk & Latha Kumar DATE :7/8/97 SHEET 1 OF 1 . CONTRACT : STREET MAINTENANCE PROGRAM PH.1/ - MICRO - SURFACING -1997 BIDDERS • ' LOCATION : CITY HALL Vildng Construction, Inc. Yes COST $397,371.00 $45,000.00 BaIlou Construction, Bid Bond? , IINIT PRICE $122.00 325.50 Co., Inc- Yes ..._.,a.. _ ___.._ COST $420,900.00 $45,900.00 Bid Bond? .w.x,,.••zz•a�.a:•,..�:: UNIT PRICE COST!' DATE: JULY 8,1997 ` -- • .a�zw .. ITEM 1. Micro- Surfacing (Polymer modified) 2: Pavement repair UNIT TON S.Y. APPROX. QTY. 3,450 1,800 Bid Bond? � z UNIT PRICE 8115.18 $25.00 3. HMAC, TypeD, spot fill and level -up at street cuts, depressions and areas of Curb -and gutter replacement prior to 4 micro- surfacing, including tack coat, TON 150 $165.00 $24,750.00 3170.00 $25,500.00 : :Remove and replace concrete curb and gutter L.F. 606 $24.00 $14,400.00 $0.24 5144.00 5; Remove and replace remtorced • :co ncrete driveway, 6. S.F. 1,750 $6.75 $11,812.50 $6.60 311,550.00 marking paint (retlectorized), +bite and yellow, 4 inch width, L.P. 35,000 $0.23 $8,050.00 $0.24 $8,400.00 7..Rtlectorized pavement markers, .II-AA, $6.00 $2,400.00 $6.50 $2,600.00 $ . reflectonzed traffic buttons, $3.50 $2,800.00 $3.75 53,000.00 9-I4vement surface repair $10.00 $11,100.00 $10.00 311,100.00 10:'Paveatent Repair S.Y. 60 $25.00 51,500.00 $25.50 $1,530.00 TOTAL: 3519,183.50 3530,624.00 U • CC 0 bidrmp97 /specaw DATE: July 22, 1997 SUBJECT: City Council Meeting, July 24, 1997 ITEM: 10A Consider a resolution authorzing the Mayor to execute a contract with Viking Construction, Inc. for the Street Maintenance Program Phase UMicro Surfacing 1997. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: July 21, 1997 TO: Tun Nuse, P.E. Director of Public Works FROM: Alvin L. Ville, P.E., RPLS Chief Engineer MEMORANDUM 4 S RE: Street Maintenance Program Phase I/Micro- Surfacing 1997 Two bids were received on July 8, 1997 for the Street Maintenance Program Phase I/Mcro- Surfacing -1997 Project with Viking Construction, Inc. submitting the low bid of 5519,183.50. Attached is a copy of the bid tabulation sheet. The bid price Viking submitted for the micro- surfacing item alone calculates to S1.44/S.Y. compared to S1.52/S.Y. for the micro -sur facing project in 1996. The total project estimated cost calculates to S1.88/S.Y. compared to S1.75/S.Y. for the 1996 project. The total project cost per square yard is higher this year because there are more pavement repairs necessary on these streets than in the 1996 project. This contract will provide for 41.5 lane miles of street maintenance surfacing. Viking Construction, Inc. recently completed the surfacing work on McNeil Road at 11135 as a part of the restriping for the right hand turn lane improvements. I recommend the contract be awarded to Viking Construction, Inc.